Regular permit applicants will be familiar with VicSmart, Clauses 90-95 of the Victorian Planning Provisions (VPP), introduced in 2014. VicSmart provides a shorter planning permit process for simple and straightforward applications. Key characteristics of the VicSmart system include:
- A 10 statutory-day timeframe in which Council should determine applications;
- Exemption from 3rd party notification & review rights;
- Assessment against a narrow and specific set of decision guidelines;
- Applicants are expected to obtain any relevant referral advice before lodging;
- Removal of elected members of Council from the decision process.
The type (or classes) of applications that can be processed under VicSmart are listed in Clause 92 of the VPP, with specific details such as application-information requirements and specific decision guidelines contained in Clause 93.
A recent (March 2017) state-wide planning scheme amendment (VC135) has expanded the reach of VicSmart by incorporating additional classes of applications and lowering the bar for some existing application types. Below is a summary of the more notable changes, as well as areas that have not changed, within VicSmart as a result of the latest amendment.
| Application Triggering Provision | New Class of Application added to VicSmart | Changes to Existing Classes of Applications |
| Residential Zones | Nil |
Nil
|
| Industrial Zones | Nil |
The value of works for applications to construct a building or construct or carry out works has been increased from $50K to $1M, allowing for more applications to be captured by the VicSmart system.
|
| Commercial Zones | Nil |
The value of works for applications to construct a building or construct or carry out works has been increased from $50K to $500K, allowing for more applications to be captured by the VicSmart system.
|
| Rural Zones | Numerous new application types included within RLZ, GWZ, RCZ, FZ, RAZ (See page 4of16 Clause 92 VVP) |
Not applicable. Zones newly included in VicSmart provisions.
|
| Special Use Zone | Numerous new application types included (See page 5 of 15 Clause 92 VVP) |
Not applicable. Zone newly included in VicSmart provisions.
|
| Comprehensive Development Zone | Numerous new application types included (See page 5 of 15 Clause 92 VVP) |
Not applicable. Zone newly included in VicSmart provisions.
|
| Capital City Zone | Nil |
The value of works for applications to construct a building or construct or carry out works on land used for specific purposes has been increased from $50K to $500K, allowing for more applications to be captured by the VicSmart system.
|
| Docklands Zone | Nil |
The value of works for applications to construct a building or construct or carry out works on land used for specific purposes has been increased from $50K to $500K, allowing for more applications to be captured by the VicSmart system.
|
| Priority Development Zone | Numerous new application types included (See page 8 of 15 Clause 92 VVP) |
Not applicable. Zone newly included in VicSmart provisions.
|
| Activity Centre Zone | Numerous new application types included (See page 9 of 15 Clause 92 VVP) |
Not applicable. Zone newly included in VicSmart provisions.
|
| Environmental Significance Overlay | Numerous new application types included (See page 9 of 15 Clause 92 VVP) |
Not applicable. Overlay newly included in VicSmart provisions.
|
| Vegetation Protection Overlay | Nil |
Nil
|
| Significant Landscape Overlay |
Certain type of buildings and works associated with a dwelling including construction of a carport, garage, shed, watertank and more
|
Nil
|
| Heritage Overlay | Nil |
Nil
|
| Design & Development Overlay |
Numerous new application types included (See page 12 of 15 Clause 92 VVP)
|
Nil |
| Neighbourhood Character Overlay |
Numerous new application types included (See page 12 of 15 Clause 92 VVP)
|
Nil |
| Erosion Management Overlay | Numerous new application types included (See page 13 of 15 Clause 92 VVP) |
Not applicable. Overlay newly included in VicSmart provisions.
|
| Salinity Management
Overlay |
Numerous new application types included (See page 13 of 15 Clause 92 VVP) |
Not applicable. Overlay newly included in VicSmart provisions.
|
| Special Building Overlay | Nil |
Nil
|
| Parking Overlay | Nil |
Nil
|
|
Advertising Signs (Cl 52.05) |
Nil |
Signs displayed within an increased number of zones have been included in VicSmart
|
|
Car Parking (Cl 52.06) |
Nil |
The requirements for an application to reduce carparking has increased from 5 spaces to 10 spaces, allowing for more applications to be captured by the VicSmart system.
|
|
Loading & Unloading of Vehicles (Cl 52.07) |
Nil | Nil |
As outlined above, this most recent set of changes significantly increases the number of application types/classes that fall within the VicSmart system. Clause 1 is hopeful that more and more application types will be included within VicSmart over time.
Permit applicant’s should make themselves familiar with the criteria for applications within VicSmart and consider utilising this faster system whenever possible.
Seek Professional Advice Information contained in this publication should be considered as a reference only and is not a substitute for professional advice. No liability will be accepted for any loss incurred as a result of relying on the information contained in this publication. Seek professional advice in specific circumstances. Copyright If you would like to reproduce or use for your own purposes any part of this publication please contact enquiries@clause1.com.au for assistance. Clause1 Pty Ltd Phone: 03 9370 9599 Fax: 03 9370 9499 Email: enquiries@clause1.com.au Web: www.clause1.com.au