(1) If—
(a) an allotment is in a zone of a planning scheme specified in Schedule 5; and
(b) the Schedule to that zone in the planning scheme specifies minimum setbacks from side and rear boundaries—
a building on the allotment must be set back from a side or rear boundary not less than the relevant setback specified in the Schedule to that zone in the planning scheme.
(2) If sub-regulation (1) does not apply, a building must be set back from a side or rear boundary not less than the distance specified in respect of that boundary in Table 414.
TABLE 414—SIDE AND REAR SETBACKS
Building height at any point |
Minimum setback from side or rear boundary at that point |
3·6m or less |
1m |
More than 3·6m but not more than 6·9m |
1m plus an additional distance calculated at the rate of 300mm for every metre of height over 3·6m |
More than 6·9m |
2m plus an additional distance calculated at the rate of 1m for every metre of height over 6·9m |
(3) The following may encroach into the setback distance required by sub-regulation (1) or (2) by not more than 500mm—
(a) porches and verandahs;
(b) masonry chimneys;
(c) sunblinds;
(d) screens referred to in regulation 419(5)(d) or 419(6);
(e) flues and pipes;
(f) domestic fuel tanks and water tanks;
(g) heating and cooling equipment and other services.
(4) The following may encroach into the setback distance required by sub-regulation (1) or (2)—
(a) landings with an area of not more than 2m 2 and less than 1m high;
(b) unroofed stairways and ramps;
(c) pergolas;
(d) shade sails;
(e) eaves, fascia, gutters not more than 600mm in total width;
(f) carports (subject to regulation 415).
(5) This regulation does not apply to a wall that complies with regulation 415.
(6) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.
Note: The following diagram illustrates the operation of aspects of regulation 414.