January 16, 2012 at 10:58 AM

Whether you are looking to build your dream home, an apartment building, a vet clinic, or a retail store, there is a chance that you will require a planning permit. While every site and proposal is different, if you want to maximise you yield and your chances of gaining a planning permit for your proposal, you need to pick an appropriate site. 

Here are some basic planning tips on what to look for when you are looking to buy a development site.

1.    Zoning

The first thing you should always check when looking to buy a development site is the zoning. This will assist you in ascertaining whether a permit is required for your proposed use or if the use is permitted within the zone at all.

Although zones such as the Residential 1 Zone and Business 1 Zone are prevalent throughout metropolitan Melbourne, many municipalities include a schedule to the zone which has requirements specific to that Council.  Schedules can include requirements relating to site coverage, parking requirements or minimum lot sizes for subdivisions.

In addition to the use of the land, the zone can also require a permit for building and works. So, if your proposed use does not trigger the need for a permit, don’t forget to check if you need a permit for the building itself.

2.    Overlays

An overlay applies to a parcel of land if it has particular features such as a heritage building, significant vegetation or flood risks.

In addition to the permit requirements within the zone, an overlay can also trigger the need for a planning permit. Common permits required under overlays are the removal of significant or native vegetation, demolition or alterations to heritage buildings and height restrictions.

Permit requirements under the overlay can generally be managed by your town planning consultant or, where specific requirements apply, a relevant consultant such as an Arborist, Heritage Consultant or Urban Designer.

3.    The size, shape and orientation of the land.

When purchasing a site you need to consider whether or not your selected land is appropriate for your proposal. Key things to consider are:

• Will your proposal fit on the site? Don’t forget you may need to accommodate areas for setbacks, car parking, landscaping and private open space.
• Is the shape of the land appropriate? Some shapes are tricky and irregular sites may result in significant restrictions on the extent of building form possible. While rectangular sites are usually better, the depth and width will ultimately shape your proposal. Narrow sites can reduce the potential for providing adequate side setbacks or landscaping, while triangular sites might be too awkward to fit your desired building form.
• I see the light! The orientation of a site can greatly impact the energy efficiency of a building and the amenity of its future occupants. If you are looking to construct a residential building, you need to consider the access to northern light for living rooms and private open space.

4.    Easements or restrictions on Title

Your Certificate of Title is a legal document that includes details of the size, shape and boundaries of a lot in addition to restrictions or easements affecting the land.

An easement is a portion of land registered on your property title, which gives someone the right to use the land for a specific purpose even if they are not the land owner such as a shared driveway. Certain authorities such as Melbourne Water can also have sewerage or drainage easements running through a site. Typically there are restrictions on building over easements which need to be taken into account when designing your building.

Other restrictions on your Certificate of Title may include covenants, caveats or section 173 agreements. These restrictions can relate to building materials, number of dwellings or various commitments to the land. These restrictions can be varied or in some instances, removed.

If you site is affect by a particular restriction is important to speak with a town planner or lawyer to establish your options.

5.    Locational context

Location, Location, Location! In maximising the yield of a site, the location can play a vital role. Whether you are proposed a residential apartment building, a medical centre or a commercial building, the proximity to facilities and services such as public transport, shopping centres or main roads can have an impact on the built form, car parking provisions, unit numbers or staff numbers for your proposed use. For example, a large site with good access to public transport and services it more likely to be considered appropriate for a high density development.

Other key considerations are the properties adjoining the site. Are there sensitive interfaces such as residential properties with large, open backyards? Will there be a conflict between your proposed use and the adjoining uses?  Will your proposal unreasonably overshadow the adjoining properties?

More broadly, neighbourhood character can influence the scale, siting and architectural style of your proposal. If your site is in an area comprising low scale, single storey traditional dwellings this may limit your ability to develop the site for a contemporary multi storey apartment building.

As you can see, the above list of items may affect the extent to which you develop a site so always ensure that you either check the controls yourself, or appoint a planning consultant to assist you.  

So, whether you are just starting out or you are a seasoned developer, be sure to consider these things before you buy your next site.

If you are in need of assistance, Keen Planning offers a range of services including site feasibility studies and preliminary planning assessments / advice.