HORSHAM Rural City Council misunderstood state legislation in its decision no longer exempt farmers from requiring building permits for farm sheds, according to a spokesman for Planning Minister Richard Wynne.
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Horsham council exempted some farm buildings from needing a permit in 2003.
Planning and economic director Angela Murphy said, in a report to council, the policy was in conflict with the building code of Australia and Victorian building regulations. Councillors voted at a meeting on March 19 to rescind the policy to conform to state and national regulations.
However, Mr Wynne’s spokesman said council did not need to rescind the policy.
Councillor John Robinson responded to the council decision by moving a motion that the council exempt class 10 farm buildings from requiring a permit for construction at a meeting on April 3. He said building regulations allow council to exempt class 10 building that are to be constructed on farm land.
The National Construction Code provides separate definitions for farm building and farm shed, which are class 7 or 8 buildings. Buildings that meet these definitions are not class 10 buildings, whether or not the class 10 building is constructed on farm land and used for farming purposes.
The spokesman said Mr Wynne would ask the Department of Environment, Land, Water and Planning to work closely with the council on its interpretation of the state legislation to “ensure the highest standards of consistency and transparency” for the community.
“In the meantime, we would encourage the council to use its powers of discretion on a case by case basis, instead of a one-size-fits-all approach.”