In August 2024, The Melbourne Age published, what was reported to be, a draft of leaked changes to the assessment criteria (of Clause 54 and 55) associated with development of one or more dwellings on a lot, In Victoria.
The ‘leaked’ documents included:
- Changing the Purpose of the Cl54 & Cl55 to include:
To facilitate residential development to support the accommodation needs of a growing and changing population.
- Removing the Neighourhood Character Standard
- Reducing the existing 9m overlooking arc to 6m
- Reducing the existing, default, 9m front setback to 6m
- Reducing the existing 1.7m visual screen height to 1.5m
- Increasing the maximum site coverage from 60% to:
- 70% within the GRZ and
- 80% within the RGZ
- More detailed tree planting specifications within the Standard
- More detailed side and rear setback provisions, with specific provisions for south-facing walls
- Increasing the acceptable ‘length’ of a wall on boundary to 50% (of the boundary)
- Simplifying the Daylight to Existing Windows Standard
- Significant new considerations relating to Noise Impacts and Air Quality
- A reduction in the extent of SPOS required under the Standard
- As well as many more changes to the Standards
The leaked documents also seek to codify ‘all’ Standards contained within Clause 54 and 55 and specify that:
“If the development meets a standard the objective for that standard is met”.
In addition, the leaked documents include proposed exemptions to the review rights of objectors stating:
“An application is exempt from the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act if all applicable standards are met.”
The leaked-draft documents represent a significant step towards ‘codifying’ the assessment of planning permit application for dwelling developments.
It is not possible to know how much of the ‘draft’ changes, if any, will eventually make their way into the Victorian Planning Provisions. However, the changes proposed are significant and we are hopeful that we can provide a detailed update, once this material is eventually gazetted.
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