Articles · Departure from provisions of the Land Use Scheme

    Departures and relaxations: getting building-rule flexibility

    A departure (sometimes called a relaxation) lets the municipality permit a once-off variation from a building line, coverage, height or parking rule in the zoning scheme.

    1 November 20255 min readRegistered town planner
    Departures and relaxations: getting building-rule flexibility
    SPLUMA reference
    Departure from provisions of the Land Use Scheme
    Typical timeline
    2 - 4 months from lodgement to decision
    Applies to
    Owners and architects whose plans breach a scheme parameter
    Cost drivers
    Whether the departure is on intake or driven by an objection
    01

    What a departure is

    A departure is a once-off, site-specific permission from the municipality to deviate from a quantitative parameter of the zoning scheme - typically a building line, coverage percentage, height in metres or storeys, floor-area ratio, parking ratio or open-space requirement. The underlying zoning does not change; only the numerical rule is relaxed for that particular proposal.

    02

    When you need one

    Most architects discover the need for a departure when building plans fail the zoning scrutiny - the proposed structure encroaches on a 3 m street building line, the coverage exceeds the scheme cap, or parking falls short of the prescribed ratio. Instead of redesigning, the owner can apply for a departure.

    03

    The package

    Application form, motivational report explaining why the relaxation is reasonable and does not prejudice neighbours, site plan showing the departure clearly, locality plan, title deed and public-participation proof (in most municipalities only adjoining owners are notified, not the public at large).

    Common pitfalls

    • 01Asking for a departure that is so large it is effectively a rezoning - the municipality will refuse and require a rezoning instead.
    • 02Skipping the neighbour notification - adjoining owners are the most likely objectors and have a direct interest.
    • 03Lodging the departure after building plans are submitted, then losing time as plans are recirculated.

    Frequently asked questions

    How big a departure can I ask for?+

    There is no fixed cap, but the larger the departure the harder it is to justify. Most successful departures are modest - relaxing a building line by a metre or two, increasing coverage by a few percent - and clearly motivated.

    Do I still need building plans?+

    Yes. The departure authorises the variation; the building plans separately authorise the construction under the National Building Regulations.

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