73Maximum street setback

73 Maximum street setback (1) A Class 1 building when first constructed must not be set back from the front street alignment more than one-third of the depth of the allotment unless the allotment is equal to or greater than 0·40469 ha. (2) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation. (3) For the purposes of subregulation (1), if a building is on a battleaxe allotment— (a) a reference to the allotment is taken not to include a driveway that forms part of the battleaxe allotment; and (b) a reference to the front street alignment is taken to be a reference to the common boundary between the battleaxe allotment and the front allotment (excluding the common boundary between any driveway that forms part of the battleaxe allotment and the front allotment). ***battleaxe allotment*** means— (a) an allotment situated behind another allotment that has a street frontage; and (b) the allotment has access to the street through a driveway, whether or not the driveway forms part of the allotment; ***driveway*** includes any land related and contiguous to the driveway; ***front allotment*** means an allotment that has a street frontage and that is situated in front of a battleaxe allotment. Reg. 73(5) inserted by S.R. No. 132/2023 reg. 11. (5) This regulation does not apply in respect of the construction of a building that is a small second dwelling.