Updated 14 December 2018
Note: Where an activity does not comply with a Permitted Activity Rule it shall be considered a Restricted Discretionary Activity unless stated otherwise.
19B.1.1 Building Height
- The maximum height of any building, with the exception of permitted intrusions in Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions, shall be 12 metres;
- Provided that no building or structure within any identified Viewshaft Protection Area, with the exception of the Permitted Intrusions in Rule 4H.2.3 – Permitted Height and Viewshaft Protection Area Intrusions shall exceed the maximum height identified within the Plan Maps (Part B).
Note: Any activity that does not comply with Permitted Activity Rule 19B.1.1 – Building Height shall be considered a Discretionary Activity.
All buildings, with the exception of permitted intrusions in Rule 4H.2.2 – Permitted Overshadowing Envelope Intrusions, shall be within the building envelope in accordance with Appendix 14C: Overshadowing.
- All buildings, with the exception of the permitted intrusions in Rule 4H.2.1 – Permitted Setback Intrusions, shall provide a setback that is a minimum of 1.5 metres from a side or rear boundary;
- All buildings, excluding minor structures and activities, shall be setback a minimum of 15 metres from mean high water springs;
- All new buildings, excluding minor structures and activities, shall be setback a minimum of 10 metres from the edge of a bank of a permanently flowing river or stream, or wetland;
- Where a site adjoins an Open Space Zone or the Coastal Marine Area, the common boundary (that being the zone boundary) may be fenced to a maximum of:
- 1.2m in height; or
- 1.8 metres in height, consisting of visually permeable materials.
Note: Any activity that does not comply with Permitted Activity Rule 19B.1.3 Setbacks, unless otherwise provided for shall be considered a Restricted Discretionary Activity.
- All buildings shall be set back a minimum of 10 metres from the Moffat Road boundary;
- All buildings shall be set back a minimum of 3 metres from the Elder Lane boundary;
- All buildings on a site adjoining a Road Widening designation (as identified on the Plan Maps, Part B) shall have the setback measured from that designation boundary;
- All buildings and activities shall provide frontage landscape planting comprised of trees, shrubs and groundcovers contiguous to, and to a width of, at least 2 metres measured from, a front boundary exclusive of permitted vehicle accessways. For the purposes of Rule 19B.1.4 - Streetscape, a road frontage boundary is that boundary that adjoins the formed portion of Elder Lane and Moffat Road;
- The provision of on-site parking shall not be located within the required setback provisions of Rule 19B.1.4 – Streetscape.
19B.1.5 Variation Criteria
A building may penetrate the building envelope required by Rule 19B.1.2 - Overshadowing and/or be constructed, erected or placed closer to a site boundary than permitted by Rule 19B.1.3 - Setbacks where:
- The written approval of those property owners and occupiers whose properties adjoin the proposed non-compliance has been obtained before the building works relating to the encroachment being undertaken;
- That written approval is clearly endorsed on all relevant building consent plans or other plans that show the encroachment;
- The written approval and endorsed plans have been provided to Council for registration on the appropriate property file(s).
- ‘Adjoining’ for the purpose of this rule shall mean:
- For the purposes of Rule 19B.1.2 – Overshadowing, all those properties directly adjoining the boundary at which the overshadowing envelope is encroached upon and those separated from the subject site by vehicle or pedestrian access ways, private ways, access legs, rights of way, or access lots (excluding public roads), only where the subject building encroaches the overshadowing envelope as applied at the boundary of that property;
- For the purposes of Rule 19B.1.3 – Setbacks, all those properties directly adjoining the boundary at which the setback is encroached upon and those separated from the subject site by vehicle or pedestrian access ways, private ways, access legs, rights of way, or access lots (excluding public roads) only where the subject building is to be located within 1.5 metres of that property boundary.
19B.1.6 Clearance of Indigenous Vegetation
No activity shall result in the clearance of more than 20m2 of indigenous vegetation in any calendar year.
Note: Any activity that does not comply with the Permitted Activity Rule 19B.1.6 – Clearance of Indigenous Vegetation shall be considered a Non-Complying Activity.
19B.1.7 Rules in Other Sections of the Plan
Activities within the Education Centre 1 Zone shall also comply with the following Permitted Activity conditions found within other sections of the Plan, where relevant:
- The provisions of Chapter 4 – General Rules;
- The provisions of Chapter 7 - Heritage;
- The provision of Chapter 8 - Natural Hazards;
- The provisions of Chapter 9 - Hazardous Substances and Contaminated Land;
- The provisions of Chapter 11 – Financial Contributions;
- The provisions of Chapter 12 - Subdivision, Services and Infrastructure, Section 12G – Purpose of Service and Infrastructure Provisions;
- The provisions of any Plan Area.