Insights Library
Roof Terraces – An Opportunity for Communal Open Space for Apartment Developments
A common topic that continues to emerge for our developer clients is the provision of communal open space and where to locate it.
Recently, our Dominic Scally and Eli Morrison were involved in cases for developers seeking planning approval for multistorey apartment buildings in the cities of Kingston and Bayside. In one matter, the Victorian Civil and Administrative Tribunal (VCAT) requested further information from our client for its proposed apartment development in Brighton to show alternative additional communal open space options. In response, an option put forward has been for provision of communal space within the front setback of the site. In this scenario, an often-underutilised option is the use of roof terraces. In the current context, it is not yet known what the Tribunal’s opinion will be on this, however what is known is that, more than ever before, developers need to be conscious that the decision maker will consider open space, and alternative additional open space options, when assessing residential amenity for apartment developments.
Where to locate this space?
The Victorian Planning Schemes at Clause 55.07 and standards B36 and B37 include communal open space objectives such as meeting the recreation and amenity needs of residents, ensuring that communal open space is accessible, functional, and is easily maintained, and ensuring that communal open space is integrated with the layout of the development and enhances resident amenity.
Standard B36 provides open space should be:
- Landscaped.
- Accessible to all residents.
- A useable size, shape and dimension.
- Capable of efficient management (ie, by Body Corporate).
- Be located to:
- Provide passive surveillance opportunities, where appropriate.
- Provide outlook for as many dwellings as practicable.
- Avoid overlooking into habitable rooms and private open space of new dwellings.
- Minimise noise impacts to new and existing dwellings.
Standard B37 provides that solar access to communal outdoor open space should be:
- Located on the north side of a building, if appropriate.
- At least 50 per cent or 125 square metres, whichever is the lesser, of the primary communal outdoor open space should receive a minimum of two hours of sunlight between 9am and 3pm on 21 June.
In addition to the primary communal open space of 30sqm, additional areas may be both indoor and outdoors and consist of multiple separate areas of communal open space. It is therefore a matter for the developer and design team to explore where to locate communal space, having regard to factors such as allowing solar access into the space and tailoring the space to the needs and demographic of the prospective purchaser For example, purchasers may want sunny AM/PM indoor/outdoor reading nooks or a vegetable garden instead; think “Nightingale” not-for-profit apartments providing social and financial benefits for its residents.
In urbanised denser environments such as Bayside, there is an increasing demand to utilise developable land to its full opportunity whilst keeping in mind site sensitivities such as the amenity of neighbouring properties. Given the qualifier on managing noise, in our opinion, roof terraces are an excellent option and allow for a greater development yield.
But there is no correct answer and VCAT is grappling with it.
If you are a developer and are seeking expert legal advice for approval of an apartment building, please do not hesitate to contact our planning group for assistance
This article is general in nature, should you wish to seek expert legal advice please contact us.
