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Private Tennis Court Code of Practice
ELEMENTS OF THE CODE
The Code sets out considerations, objectives and performance requirements for seven distinct elements which apply to a private tennis court.

The seven elements are:

E1 Court location
E2 Fencing and enclosures
E3 Site works
E4 Landscaping
E5 Illumination
E6 Privacy
E7 Construction methods

Foreword
 The Code of Practice - Private Tennis Court Development has been formulated in response to the need for a consistent approach to planning controls over private tennis courts throughout the State.

The Code has been prepared by the Office of Planning, Heritage and Market Information in consultation with the Tennis Court Builders Association of Australia and after discussion with municipalities. It is an incorporated document by reference in all schemes.

Under the Code, a planning permit is not required to construct, illuminate or use a private tennis court if all the requirements of the Code are met. This provision will prevail over other requirements of the planning scheme except in cases where the land is subject to particular development controls, such as in areas of heritage and environmental significance.

Robert Maclellan
Minister for Planning and Local Government




The Code of Practice - Private Tennis Court Development is an incorporated document in all planning schemes in Victoria. The Code sets out considerations, objectives and performance requirements to be applied to the construction, use and illumination of private tennis courts. The technical specifications for construction and lighting installations are not included in this Code. These are available in the 'Residential Tennis Court Lighting Code' and 'Guide Specifications for Tennis Court Construction' produced by the Tennis Court Builders Association of Australia.


PURPOSE
The purpose of the Code is to provide a consistent, statewide basis for the design and assessment of private tennis court proposals.

The Code seeks to encourage better designed tennis courts which are compatible with nearby residential development.

It aims to:

encourage the sensitive location of private tennis courts;

encourage good-quality, cost-effective design;

make requirements for tennis courts more consistent;

respect adjoining amenity through appropriate design; and

maintain visual amenity standards.


APPLICATION
The Code applies to private tennis courts in any zone, both urban and non-urban. It does not apply to commercial or club courts.


HOW THE CODE WORKS
The Code is structured to achieve consistency and sensitivity of design. The Code must read in conjunction with -Clause 52.21 of new format planning schemes prepared under the Planning and Environment (Planning Schemes) Act 1996, and Clause 3-14 in the State Section of the old format schemes.

When preparing a proposal, developers must address the considerations set out for each element of the Code.

Developers should also discuss their proposals with council officers to ensure that the performance requirements in the Code are complied with. If a planning permit is required, developers should demonstrate that the objectives for each element of the Code are met.

Developers are encouraged to discuss proposals which do not meet the basic performance requirements with neighbouring residents.

GLOSSARY
The following explanations provide a guide to terms which may not be readily clear to readers. They are not statutory definitions.

Private tennis court A purpose-built tennis court which is used for private leisure activities in association with an existing or proposed nearby residence.

Urban zone A planning scheme zone in which the predominant lot size is 4,000 square metres or less, and which is set aside for residential, commercial or industrial development.

Vegetation Native and planted vegetation which has grown to be at least 2 metres tall.

Lux (lumens per square metre) The metric calculation and measurement of illuminance in a horizontal plane 1 metre above ground level, and that applies for any spill light outside the applicant's property.


 Court Locations
orientation of the tennis court;
  • relationship to associated

    E1.1 Considerations

    The location of a tennis court should be based on an evaluation of the site conditions and its separation from adjoining residences.

    Matters to be considered include:

    • dwellings;
    • impact on landslopes;
    • separation from dwellings on adjoining properties;
    • the character and landscaping of the site and its surrounds;
    • impact on the streetscape;
    • impact on existing vegetation; and
    • impact on neighbouring properties.

    E1.2 Objectives
    To achieve a layout which minimises the impact on the established land form and vegetation and which respects the amenity and character of the surrounding area.

    E1.3 Performance requirements

    E1.3.1: The court must be at least:

    • 3 metres from a street frontage;
    • 3 metres from an adjoining dwelling if the court is to be illuminated; and

    • 20 metres from a Melbourne Water declared main drain


      E.1.3 For measurements in GREEN Permit not required
      E.1.3 For measurements in BLACK Permit required

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    • Fencing and Enclosures

    E2.1 Considerations

    The above-ground structures should be of high-quality appearance.

    Matters to be considered include:

    • the height above ground of the structural elements such as fences and light poles;
    • the colour and appearance of the materials used;
    • the compatibility of the design with the existing development on the site; and
    • the aesthetic interrelationship with public areas such as adjoining streets or parks.

    E2.2 Objectives
    To ensure that the size, appearance and materials of the tennis court fencing and enclosures are not unduly visually intrusive.

    To provide aesthetic compatibility with nearby streetscapes and public areas.

    E2.3 Performance requirements

    E2.3.1: if less than 1 metre from a property boundary, the court fencing or other  enclosure:

    • must not be more than 3 metres above the court surface;
    • must be of a maintenance-free material and use non-intrusive colours; and
    • must not be solid or enclosed for a height of more than 2 metres above the court surface.

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    Site Works

    E3. 1 Considerations

    Site works should minimise disturbance to existing conditions and must provide acceptable standards of construction which will ensure that no off-site effects will occur.

    Matters to be considered include:

    • the extent of excavation and filling;
    • the form of retention proposed for cut and fill batters;
    • the potential impact of the changes in levels on adjoining properties and structures; and
    • the concentration of surface and sub-surface drainage.

    E3.2 Objectives

    To ensure the stability of the tennis court site.

    To contain off-site effects so as to cause no detriment to adjoining land or structures.

    To limit the impact of increased stormwater run-off on drainage systems.

    E3.3 Performance requirements

    E3.3.1:  The site on which the court is to be constructed must not have a slope of more than 20 per cent overall.

    E3.3.2: Excavation or filling must not exceed 1 metre in depth within 1 metre of a property boundary.

    E3.3.3: Filling must not exceed 2.5 metres in depth at any point on the court site.

    E3.3.4:  Drainage resulting from the court must be intercepted to avoid any overflow and must be connected to an approved point of discharge.

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    Landscaping

    E4.1 Considerations

    The location, size and construction of a tennis court should have regard for the quality and amount of vegetation which may be affected. Consideration should also be given to the opportunities for replanting to offset any vegetation losses.

    Matters to be considered include:

    • the significance of existing vegetation to the character and appearance of the area;
    • the significance of the existing vegetation as a wildlife habitat;
    • the plant species which are indigenous to the area;
    • the extent of revegetation proposed; and
    • the treatment of fill batters.

    E4.2 Objectives

    To minimise the removal of vegetation.

    To ensure that revegetation is compatible with the landscape characteristics of the area.

    E4.3 Performance requirements

    E4.3.1: No vegetation may be removed:

    bullet in an urban zone, within 3 metres of a street frontage or adjoining public land; or
    bullet in a non-urban zone, if the site is less than 4,000 square metres.

    E4.3.2:  If a permit is required, replanting must occur in excess of the number of trees removed and should comprise indigenous or species similar to those removed.

    E4.3.3:  Temporary barriers must be provided to protect areas of vegetation which are outside the works site.

    E4.3.4:  Landscaping must be maintained over fill batters.

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    Illumination

    E5.1 Considerations

    The provision of tennis court lighting increases the potential to affect the amenity of adjoining areas by glare, appearance and noise.

    Lighting systems should achieve acceptable levels of spillage control and their use must not cause an unreasonable invasion of privacy.

    Matters to be considered include:

    • the height and placement of lighting fixtures;
    • the proximity of adjoining dwellings and secluded private open spaces;
    • the intensity of light and its reflection; and
    • design and appearance of lighting fixtures.

    E5.2 Objectives

    To prevent excessive light spillage and other effects from detrimentally affecting the amenity of dwellings on adjoining properties.

    E5.3 Performance requirements

    E5.3.1: Any lighting system must not exceed an illumination level of 12 lux and an average illumination of 10 lux when measured at the nearest habitable room window of an adjoining dwelling or at a point 3 metres outside the property boundary, whichever is the nearest to the light source.

    E5.3.2: Any lighting system must:

    • comply with the 'Residential Tennis Court Lighting Code' produced by the Tennis Court Builders Association of Australia;
    • be baffled to ensure that a light source is not directly visible from a habitable room window of an adjoining dwelling;
    • use light poles which are not more than 8 metres above the court surface; and

    • be certified after installation by a qualified lighting engineer.





















       

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    Privacy

    E6.1 Considerations

    The construction and use of a tennis court must take into account the need to respect the privacy of adjoining residents, particularly in terms of overlooking and noise.

    Matters to be considered include:

    • the height of the tennis court surface;
    • the provision of screening;
    • the hours of play; and
    • the use of mechanical equipment.

    E6.2 Objectives

    To ensure that the tennis court and its use do not detract significantly from the amenity of the surrounding area and do not cause unreasonable detriment to privacy.

    To limit views into neighbouring secluded private open spaces and habitable rooms.

    E6.3 Performance requirements

    E6.3.1
    The court must not be used for commercial purposes such as professional tennis coaching or court hire.

    E6.3.2
    The court must not be used between 10.30pm and 7.30am.

    E6.3.3
    No mechanical equipment such as ball throwing machines may be operated between 7pm and 8am.



     

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    Construction Methods

    E7.1 Considerations
    The construction of a tennis court must be planned so as to minimise access damage and avoid excessive disruption to the surrounding area.

    Matters to be considered include:

    • the means of access to the site;
    • the hours of construction work;
    • the construction method;
    • the removal or importation of materials;
    • the protection of sensitive features; and
    • methods of sediment pollution control during construction.

    E7.2 Objectives
    To ensure that the method and timing of construction prevent undue disturbance to the existing conditions of the site and the amenity of the surrounding area.

    E7.3 Performance requirements
    E7.3.1:     Adjoining residential properties shall be notified before any works are undertaken within 2 metres of the boundary.
    E7.3.2: Temporary barriers must be provided to protect areas of vegetation which are outside the works site. E7.3.3: The method of construction must comply with the 'Guide Specifications for Tennis Court Construction' produced by the Tennis Court Builders Association of Australia.

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