Application for Advice - Clause 61A Deemed-to-Comply Check for Single Houses
Under the
Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2, clause 61A(2), applicants who intend to either build a new single house or renovate an existing house can seek advice from the City's Planning Department as to whether development approval is required.
The intent of this service is to provide advice to applicants, as to whether their proposal meets the exemptions under clause 61 and can proceed straight to a building permit without having to obtain development approval. This is a voluntary process that only applies to single houses and extensions or renovations to existing single houses. It does not apply to the other types of exemptions that are available under clause 61.
How to apply for a Deemed-Comply check?
Applications for Deemed-to-Comply checks can be made by submitting the below information.
- A completed Clause 61A Application for Advice (a Department of Planning, Lands and Heritage form). Please note that all property owners signatures are required on this form.
- Site plan (to a scale of no less than 1:200) showing lot dimensions, all existing and proposed structures, existing and proposed ground levels, any structures proposed to be removed, existing and proposed pedestrian and vehicle access, car parking spaces including layout and dimensions, any proposed open space and landscaping.
- Floor plan (to a scale of not less than 1:100) of building(s) proposed to be erected or altered, and any buildings proposed to be retained, complete with setbacks to all lot boundaries; and
- Elevations (to a scale of no less than 1:100) of building(s) proposed to be erected or altered, and any buildings proposed to be retained, complete with existing and proposed ground levels, and, wall, and roof height dimensions taken from the natural ground level.
- Application fee ($295).
Applications that do not include the above documentation cannot be accepted. Depending on the proposal, you may be asked to provide further information before the application is accepted and lodged.
How long will my application take to be assessed?
Once accepted and lodged, the City will review the provided application information to check whether the proposed development meets all the relevant deemed-to-comply criteria of the R-Codes Volume 1 and, where relevant, any local planning policy. Advice of the outcome will be provided within 14 days of the application being accepted and lodged.
What next?
If the advice states that the proposal is deemed-to-comply, you may lodge an application for a building permit. A copy of this advice should be submitted with the application.
If your proposal does not comply, you may:
- Apply for development approval; or
- Amend your plans to address the areas of non-compliance and submit a new application for a Deemed-Comply check; or
- Amend your plans to address the areas of non-compliance and apply for a building permit. Please note that if you choose this option, any area of non-compliance that is not fully addressed may be identified through the building permit process and you may be requested to apply for development approval.
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