Some FAQ’s about Garden Areas

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Leslie Chong

Where does it apply?

The minimum garden area requirement applies to land in the Neighbourhood Residential Zone and General Residential Zone and must be met when:

  • constructing or extending a dwelling or a residential building; or
  • subdividing land to create a vacant residential lot less than 400 square meters in area.

 

Why are some buildings, works and hard surface areas allowed to be included in the garden area?

The minimum garden area requirement allows the construction of buildings and works that are typically associated with the use and enjoyment of the outdoor areas of a dwelling or residential building.

Consequently, outbuildings and structures such as garden sheds, covered barbeque areas, swimming pools, tennis courts and paved areas including pathways and entertaining outdoor regions can be included in the garden area.

 

Minimum garden area and Recode

While there may be some overlap between the minimum garden area requirement and some of the existing Clause 54 and Clause 55 living standards such as site coverage and permeability, the minimum garden area requirement is a different requirement to these standards.

The minimum garden area requirement differs from the existing siting and amenity standards regulated under Clause 54 and Clause 55 of the Victoria Planning Provisions in two fundamental ways:

  • The minimum garden area requirement is a mandatory requirement that must be met and cannot be reduced.
  • The minimum garden area requirement is a separate requirement that must be met as well as the requirements under Clause 54 and Clause 55