Manningham Council ignores its own rules on height limits

Manningham Council has used ResCode sloping land guides to overrule DD08 regulations, and approve developments that were too tall.

DD08 is Manningham councils own overlay superseding heights and other details that Rescode would have covered on other sites without a Design & Development Overlay.  This anomaly affects only Precinct A of DD08 where the is NO extra allowance of building height for sloping land. In Precinct B and Rescode sloping land lets you have an extra meter of building height.  The C96 amendment seeks to add this extra height allowance to Precinct A as well.

Now our understanding is that DD08 supersedes the Rescode when they over lap, and on the topic of maximum heights DD08 specifically states maximum height – so how can the Planning department approve extra height for sloping land based on Rescode ?

On the basis of what is prescribed in the schedule below we will be amending our objections to the two Foote Street proposals and 51-53 Beverley Street.

 “Any building or works must comply with the requirements set out in Table 1 of this Schedule”

 The allowance for a sloping (9m to 10m) is only applicable to precinct B in table 1 of the current DD08 Schedule.  Current Schedule 8 Manningham Planning Scheme 2013 pre C96.

They have rectified this oversight by prescribing it in precinct A, of the C96 amendment, but it will not be effective for several months, if approved. Proposed Manningham+C96+43_02s08_mann+Exhibition+Gazetted

It would appear, that many of the developments proposed on sites less than 1800m2, could be challenged. Including the two proposals in FOOTE STREET, which should have maximum heights of 9m.

.The following proposals are among the few that have had a planning permit issued, configured in 3 storeys, on sites less than 1800m2.

If you examine the excerpts I have pasted, you can see by the varied comments, they are confused on heights and do not refer to the table 1 of the schedule.

See below and attached

GEORGE STREET (page 13) George Street

Because of the lot size, the height of any new building should be less than 9.0m. The proposed maximum building height is 9.81m. While this overall height does not satisfy the relevant “Design Element” ?, Council can issue a permit to vary the requirement and it is considered that the additional height will not be detrimental to the amenity of the neighbourhood?.

 CURLEW COURT (page 11) Curlew Court

In terms of height, the building predominately complies with the recommended maximum height allowed by ResCode ?, which is 10m due to the slope of the land.

  TALFORD STREET (page 11) Talford

In terms of building height, ResCode ? sets the maximum at 9m unless the slope over any one part of the site exceeds 2.5 degrees, whereby 10m becomes the maximum. The site is subject to a modest slope that slightly exceeds 2.5 degrees across some sections.

 We could submit objections on the current applications under consideration as follows:

Re:185-187 and 189-191 Foote Street, Templestowe and 51-53 Beverley Street, East Doncaster.

“I wish to amend my objection to each of the above on the grounds that all three exceed the maximum building height pertaining to precinct A, as prescribed in table1. Schedule 8 of the Manningham Planning Scheme”.



  1. Peter says:

    Thank you for developing this website.
    Can you please help me with the following?
    There is a proposed development at 73-75 St Clems Road, Doncaster East.
    The ridge lines are:
    71 existing building – 110.94
    73-75 proposed – 112.80
    77 – 79 existing building – 112.81
    Is the developer bound to a maximum building height no higher than the neighbouring properties or, if, say, there are objections and he decides to start again can he go for the maximum building height of 10m which would add a mindboggling 3m to the height?

    1. Doris Tran says:

      If the the proposal was lodged or had significant preparation before March 27, 2017 then the Reformed Residential Zones do not apply. However Council’s current design objective indicate two storey townhouse style development only (endorsed by VCAT) with a maximum height of up to 10 metres which includes a 1 metre leeway for fall. However, based on current approvals, a two storey contemporary building might need a height of less than 8 metres.

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