A PLANNING PERMIT DOESN'T ALWAYS END THE SITING CONVERSATION
One area that can create confusion during residential building projects is the relationship between the planning permit and the building permit.
A project may already have gone through council planning approval.
Plans may have been endorsed.
Siting matters may have been discussed extensively during that process.
So, when the project reaches building permit stage, it can be tempting to assume that Part 5 of the Victorian Building Regulations has already been dealt with.
Sometimes it has. Sometimes it hasn’t.
The difference comes down to what the planning scheme regulated.
PLANNING AND BUILDING APPROVALS DO DIFFERENT JOBS
A planning permit regulates the use and development of land under the applicable planning scheme.
A building permit deals with whether the proposed building work complies with building legislation, regulations and applicable construction standards.
They are different approval systems, even though there can be significant overlap between them.
Part 5 of the Building Regulations 2018 deals specifically with siting, design and access requirements. Its provisions cover matters including setbacks, building height, site coverage, permeability, overlooking, overshadowing, private open space and fences.
The question at building permit stage therefore isn’t simply:
“Does this project have a planning permit?”
The better question is:
“Did the planning process regulate this particular siting matter?”
REGULATION 68 IS IMPORTANT
Regulation 68 of the current Building Regulations provides the key starting point.
It states that a regulation in Part 5 does not apply to the construction of a building where two conditions are satisfied:
- A planning permit is required for construction of the building; and
- The relevant planning scheme regulates the same matter as that Part 5 regulation in relation to the siting of the building.
The second point is the important one.
The existence of a planning permit by itself does not automatically mean every Part 5 requirement disappears.
It depends on whether the relevant planning scheme regulates the same siting matter.
WHY THIS CAN BECOME CONFUSING
Planning permits can be required for many different reasons.
A planning approval may deal with particular aspects of the development without necessarily regulating every matter covered by Part 5.
That means practitioners need to understand precisely what has already been assessed.
For example, if a siting matter has been regulated through the planning scheme, Regulation 68 may mean the equivalent Part 5 provision does not apply.
But if the planning approval related to another aspect of the development and the planning scheme did not regulate that particular siting issue, the relevant Part 5 requirement may still need to be considered.
That is why assumptions based purely on the existence of a planning permit can create problems.
CHECK THE ENDORSED DOCUMENTS EARLY
Where a planning permit exists, the building permit documentation should be reviewed against the approved planning documents before the building application is finalised.
Consider:
- Why was the planning permit required?
- Which siting matters were assessed?
- What requirements or conditions were imposed?
- Are the building permit drawings consistent with the endorsed planning drawings?
- Are there Part 5 matters that were not regulated through the planning process?
Planning Victoria also notes that where a project proceeds under an existing planning permit, subsequent changes to the proposed development may require amendments to the planning permit or endorsed plans.
That makes coordination between the planning and building documentation particularly important.
DON'T ASSUME THAT SIMILAR MEANS THE SAME
Siting requirements across planning and building controls can look very similar.
That does not mean they should automatically be treated as interchangeable.
Regulation 68 refers specifically to the same matter being regulated.
The regulatory pathway needs to be understood for the individual project.
For designers, builders and Relevant Building Surveyors, this makes traceability important.
You should be able to understand which approval dealt with the relevant requirement, and which matters still need to be demonstrated through the building permit documentation.
WHERE AN EARLY PART 5 REVIEW CAN HELP
A preliminary Part 5 review can help identify which siting matters may still require attention before a building permit application is lodged.
DesignSure assesses architectural plans against the Part 5 siting provisions of the Victorian Building Regulations and provides a regulation-referenced report of the results.
It is a pre-assessment tool and does not replace the Relevant Building Surveyor’s statutory assessment.
What it can do is help practitioners identify potential Part 5 issues earlier and create a clearer starting point for the building permit review.
Where planning approval already exists, that assessment should always be considered alongside the planning permit, endorsed plans and project-specific requirements.
THE RIGHT QUESTION MAKES THE PROCESS CLEARER
When a planning permit has already been issued, it can feel as though siting compliance has been completed.
But the regulatory position is more specific than that.
Rather than asking whether a project has a planning permit, practitioners should understand which siting matters were regulated through that planning approval.
That small distinction can make a significant difference when preparing the building permit application.
Clearer understanding early in the process means fewer assumptions, better coordinated documentation and less likelihood of discovering an unresolved siting requirement late in the assessment.
For support with Victorian residential building compliance, contact Deemed to Perform Consulting or explore DesignSure for preliminary Part 5 siting assessments.
