Approved Building Envelopes and Memorandum of Common Provisions

Collie continues to assist a number of clients in preparing Approved Building Envelope (ABE) plans for their residential subdivision developments located in the various growth corridors of Melbourne.  The ABE is the mechanism to vary the design parameters under Clause 54 of the Scheme and the Building Regulations 2018 that apply to the siting of a single dwelling on a lot.

The ABE evolved from growth corridor development concerns with Clause 54 in that it was largely designed to control inner-suburb in-fill development.  As a result, the ABE was developed to vary, in particular circumstances, the relevant design parameters of Clause 54 of the Scheme and the Building Regulations 2018.

Once an ABE has been approved under the enabling provisions (planning permit condition and either a section 173 agreement or much more commonly, a restriction on a plan of subdivision), the mechanism for including it (a requirement) on title is to include it under the restriction as a Memorandum of Common Provisions (MCP).

In preparing ABE / MCP, Collie works closely with each client to determine the variations required to the siting controls of Clause 54 of the Scheme and the Building Regulations 2018 in order to achieve the preferred neighbourhood character / built form outcome sought by the client.  In doing so, it also provides greater control for the client to introduce consistent built form outcomes for each dwelling across a master planned estate.

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