Victorian Numbered Regulations

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Approved building envelope design overrides siting requirement

    (1)     A design in relation to a building on an allotment that does not comply with a regulation in this Part is taken to comply with that regulation if—

        (a)     an approved building envelope applies to the allotment; and

        (b)     the approved building envelope deals with the same siting matter as the regulation; and

        (c)     the design of the building is consistent with the approved building envelope in relation to that siting matter.

    (2)     If an adjoining allotment is not subject to the same agreement or is not shown on the same certified plan of subdivision, subregulation (1) does not apply to regulations 79, 80, 81, 82, 83, 84, 90, 91, 94, 95 and 96 to the extent that they relate to that adjoining allotment.

    (3)     In this regulation—

"agreement" has the same meaning as in paragraph (b)(i) of the definition of  approved building envelope in regulation 5(1);

"plan of subdivision "has the same meaning as in paragraph (b)(ii) of the definition of  approved building envelope in regulation 5(1).

Division 2—Single Class 1 buildings and associated Class 10a buildings

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