Building

Report and Consent - Part 5 Dispensation

Information to be included with your application:

For all applications:

• Cover Letter addressing all the relevant siting matters as per Ministers Guideline (MG-12) – where applicable
• Provide complete details clearly showing the extent of non-compliance with the Building Regulations (2018)
• Architectural drawings clearly showing the existing and proposed conditions, and dimensions and setback that are relevant to the application (highlighted as necessary).
• Provide Developers Consent/Approval and endorsed drawings (where applicable)
• Current Full copy of Certificate of Title and Plan of Subdivision, including any covenants or 173 agreements listed on the Title.
  If listed on the Certificate of Title:
    - Copy of the Memorandum of Common Provisions (MCP)
     

• If a planning permit is required, provide planning permit and endorsed plans accordingly.
    
• For Regulation 87 applications:
  • Statutory Declaration advising the outbuilding will not be used for habitable purposes and the construction of a dwelling will begin within 12-months.
      
• For Regulation 74A, 86A & 86B applications:
  • Statutory Declaration advising that the Small Second Dwelling will not be used for any other purpose, including will not be used as a Class 1b (Boarding house, guest house, hostel, or the like) or for commercial purposes. 
      
• For Regulation 74, 74A, 75, 78, 79, 80, 81, 82, 83, 84, 89, 90, 91 and 93, 94, 95, 96 applications:
  • You will need to download, complete and submit the Adjoining owners’ signed consent form to the development with signed drawings.  Download: Adjoining Property Owners Comments form(DOCX, 47KB)
      
• If Adjoining Owners’ do not respond within 14 working days from date lodged and sent, provide a Statutory Declaration(DOCX, 42KB) with supporting documents as listed on the Statutory Declaration document.
    
• For Regulation 89 applications (and possibly Regulation 74A, 86B & 92 as applicable):
  • Approval for the proposed development to be obtained from the Traffic and Transport Team of Melton City Council.  For Regulation 74A, 86B & 92, if required, the Building Team will lodge an internal enquiry with the Traffic and Transport Team to determine if consent is required or not.
       

Please note: some application will require internal and external referrals for comment on the proposed development and if support is not given, the application may be refused.

Where insufficient information has been provided a request for further relevant documents may be sought. Failure to provide further information may result in refusal of the application.

It is the responsibility of the applicant to justify why a variation to the building regulations should be approved by Council. Where the applicant provides no comment on the Ministers Guidelines or does not justify why a variation is appropriate in accordance with the guidelines the application will be refused.

Design Considerations
Council may refuse to consent to a design which does not comply with Ministers Guideline MG 12 for siting matters. Applicants will need to be fully aware of these guidelines to avoid refusal of the report and consent application. This includes comment on the Neighbourhood Character Objectives where applicable.  Applications must be accompanied with supporting information to demonstrate that the guidelines have been considered and met by the design of the work.

Copies of the building legislation and Minister’s guidelines are available at: Ministerial Guidelines MG-12 (vba.vic.gov.au). 

Apply for Report and Consent

Follow these steps to apply: 

• Sign In or First Time User will need to register to submit an application
• Click on Applications and Registration
• Click on Building Services
• Click on Report and Consent
• Click on Report and Consent - Part 5 Dispensation
• Complete Customer Request Management Entry Form, Upload required documents, Process payment

Apply for Report and Consent 

For the following forms, you can submit your documents and any associated payments online.

• Application for Council Report and Consent of Public Protection Measurements Over the Street Alignment
• Application for Council Report and Consent to Build on Land Subject to Flooding or Designated Land
• Application for Occupancy Permit for a Place of Public Entertainment
• Building Investigation Request
• Property Information Request 
• Register your swimming pool or spa
• Request for Copy of Domestic Building Permit Documents (including house plans)
• Request for Copy of Commercial Building Permit Documents
• Section 30 Building Permit
• Building Surveyors lodgement
• Section 80 Lodgements
    

If you are proposing a new house or have an adjoining neighbour constructing a new house/extension, it is important to know and understand the overlooking provisions of Victorian Building Regulation 84. 

Visit: Overlooking Provisions webpage for information.  

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