What is the minimum garden area requirement?
The minimum garden area requirement kinds part of the
Government’s action to the suggestions of the Managing Residential Development Advisory Committee (July 2016).
The minimum garden area requirement specifies the portion of
a lot that needs to be set aside to ensure the open garden character of
suburbs is secured.
A dwelling or residential building, consisting of any associated
driveway and vehicle parking can not be included in the location reserved as garden area.
Where does it apply?
The minimum garden area requirement applies to land in the
Neighbourhood Residential Zone and General Residential Zone and
need to be satisfied when:
– building or extending a house or a domestic structure; or
– subdividing land to produce an uninhabited residential lot less than 400
square metres in area.
How much garden area must be offered?
When subdividing land that develops a vacant lot that can being developed for
a residence or a residential structure in the Neighbourhood Residential Zone or General
Residential Zone, 25 percent needs to be set aside as garden area on each vacant lot developed
that is less than 400 square metres in area.
When constructing or extending a house or a property building in the Neighbourhood
Residential Zone or General Residential Zone the size of the existing lot identifies the minimum percentage of the lot that should be set aside as garden area.
Lot size Minimum percentage of a lot reserve as garden
How is garden area defined?
Garden area is specified in Provision 72 of all planning plans as:
Any area on a lot with a minimum dimension of 1 metre that does not include:
a) a home or domestic building, except for:
– an eave, fascia or gutter that does not go beyond a total width of 600mm;
– a pergola;
– unroofed balconies, patios, decks, steps or landings less than 800mm in height;
– a basement that does not project above ground level;
– any outbuilding that does not surpass a gross floor location of 10 square metres; and
– domestic services typical to a house or residential structure;
b) a driveway; or
c) an area reserve for cars and truck parking.
Why are some buildings, works and hard surface areas permitted to be
included in the garden area?
The minimum garden area requirement permits the building of structures and works
that are normally associated with the use and pleasure of the outside areas of a.
house or property building.
As a result, sheds and structures such as garden sheds, covered barbeque.
areas, pool, tennis courts and paved areas consisting of pathways and outdoor.
entertaining areas can be included in the garden area.
How do the subdivision provisions operate?
The minimum garden area requirement applies to a permit application to subdivide.
land to create an uninhabited lot that is less than 400 square metres in area capable of being.
developed for a house or a residential structure.
A vacant lot is a lot that does not have an existing home or domestic building.
A minimum garden area of 25 percent should be reserved on each uninhabited lot created that is.
less than 400 square metres in area. The minimum garden area requirement is based on.
the area of the vacant lot being created, not the area of the lot that is being subdivided.
For example, a proposal to subdivide an uninhabited corner lot of 900 square metres into 3 x 300 square metres uninhabited lots will need a 25 percent garden area to be provided on each.
vacant lot created, not 25 percent of the initial lot.
This makes sure that where a residence or residential building does not form part of the.
subdivision application any housing that is subsequently developed on the vacant lot.
respects the existing open garden character of the neighbourhood.
Where a vacant lot is used for another purpose such as a local road widening or public.
open space the minimum garden area requirement does not apply to that non-residential.
Where a vacant lot less than 400 square metres is proposed council ought to satisfy itself as
to the best way to protect the 25 percent minimum garden area. Options consist of:.
– Requiring the garden area to be consisted of as a limitation on the plan of subdivision
submitted for certification. This could be through a text notation.
– Participating in a contract with the owner of the land under section 173 of the Planning.
and Environment Act 1987 which needs the authorized minimum garden area to be implemented to the complete satisfaction of the responsible authority.
It is important when protecting the minimum garden area that it just applies to residential
development of the land so that other non-residential purposes that may take place on the lot are not impacted.
Exclusions from the garden area requirement.
The minimum garden area requirement does not apply to an application to subdivide land:.
– To produce a vacant lot that is 400 square metres or greater.
– To develop a vacant lot less than 400 square metres where there is an approved precinct structure plan or comparable strategic plan.
– To create an uninhabited lot less than 400 square metres where there is an incorporated plan or approved development strategy.
How do the development provisions operate?
The minimum garden area requirement applies to a planning permit to construct or
extend a dwelling or a property building.
When building or extending a home or a property building in the Neighbourhood
Residential Zone or General Residential Zone the minimum percentage of the lot that must be reserved as garden space is determined by the lot size.
Lot size Minimum percentage of a lot set aside as garden space
400– 500 sqm.
Above 500– 650 sqm.
Above 650 sqm.
Where an application proposes two or more houses on a lot, the minimum garden.
area does not need to be equally distributed to each house. For instance, an upper.
flooring apartment does not need to provide any minimum garden space as the garden area
requirement relates to the initial lot.
Where an application proposes 2 or more residences on a lot and subdivision of the land, the application will be evaluated versus the minimum garden area requirement.
for the construction of the dwellings and not the minimum garden area requirement for subdivision.
Where a planning permit has actually been issued for two or more houses, any subsequent.
subdivision of the land ahead of building construction will not need to be evaluated against the minimum garden area requirement.
Exclusions from the garden area requirement.
The minimum garden area requirement does not apply to an application to construct or extend a home or a domestic structure:.
– If the lot is less than 400 square metres in area (unless overloaded by the 25 percent garden area requirement).
– If the lot is 400 square metres or greater and is designated as a medium density housing site in a precinct structure plan or an equivalent strategic plan.
– If the lot is 400 square metres or greater and is designated as a medium density housing site in an incorporated strategy or approved development plan.
– If there is an existing structure and it did not comply with the minimum garden area requirement on the approval date of Amendment VC110.
– If the lot is determined in a schedule to the General Residential Zone that has switched off the minimum garden space requirement.