In late 2024 we published an article highlighting significant draft changes, leaked through The Age newspaper, to the assessment criteria in Clause 54 and 55 (single and multi-dwelling Standards) contained within Victoria’s Planning Policy Framework. At the time we noted:
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.
In March the new Clause 55 provisions were announced and gazetted into the Scheme. The new Clause 55 (A.K.A. Townhouse and Low-Rise Code) rewrites the assessment criteria for planning permit applications associated with two or more dwellings on a lot.
The following summarises the key information and issues for practitioners. The new changes to Cl55:
- Provide a ‘codified’ (deemed to comply) assessment criteria for planning permit applications
- Are designed to provide greater certainty in decision making
- Reduce Council’s discretion when assessing Clause 55 applications
- Significantly reduce the 3rd party appeal rights of objectors
- Require Council to issue a permit (under the zone) if all Standards are met
- Only allow Council to consider the relevant Decision Guidelines associated with each Standard, when the Standard is not met
- Still require Council to consider additional permit triggers in overlays and other permit triggering provisions, in addition to Clause 55
- Renumber, rewrite, amalgamate and provide new Standards for assessment
The actual changes to the Clause 55 Standards are summarised below:
Practitioners need to be aware that planning permit applications are now likely to require the following additional information to ensure the relevant assessments (above) can be undertaken:
- 55.01-2 Design response: Must include detailed LSP (unless Council deems otherwise)
- 55.02-3 Side & Rear Setbacks: Standard (B2-3.1) envelope OR new (B2-3.2) envelope
- 55.02-6 Access: TPZ & any crossover encroachment (<10%)
- 55.02-7 Tree Canopy: Tree Canopy Plan, including location & details (DBH, height, Spread), retained trees and new canopy trees in accordance with Table B2-7.2
- 55.03-4 Entry: Dimensions of covered entrance areas
- 55.03-7 Functional Layout: Bedroom and Living room dimensions
- 55.03-8 Room Depth: Need to include ceiling height – room depths for single aspect HR
- 55.03-10 Natural Ventilation: Breeze paths
- 55.05 -1 Sustainability: STORM report & stormwater drainage
- 55.05-2 Overshadowing Domestic Solar Systems: B5-2 envelope (where appropriate)
- 55.05-3 Rooftop Solar Energy Generation Area: Show future area on roof tops
- 55.05-4 Solar Protection to new North-Facing Windows: includes shading devices/details
- 55.05-5 Waste & Recycling: Dimension Bin Areas
- 55.05-6 Noise Impacts: Annotate solid barriers, where required
The new Cl55 assessment criteria are now incorporated into the scheme. However, transitional provisions, contained within the residential zones require the Cl55 provisions, in force prior to 6th March 2025, to continue to apply to:
- Any matter under consideration by VCAT
- Any application for an amendment to a permit under Section 72 of the PE Act, if the original permit application was lodged before that date
- Any application (for more than one dwelling on a lot) lodged prior to that date.
Permit applicants seeking to have their current applications assessed under the new Cl55 criteria should look to lodge a formal s.50 or s.57A amendment to their applications, to enliven the new provisions
In addition to the above Cl55 changes, the following modifications to the Victorian Planning Policy Framework are expected to come into effect over the coming months. Once again we note it is not possible to know exactly when these changes will come into effect or exactly what the changes will include, however the Government’s announcements to date indicate:
March 2025: New Cl57 4 Storey Apartment Code
April 2025: Local Cl55 schedules to Residential Zones & Neighborhood Character Overlays to be updated
May 2025: New Cl54 (A.K.A. Detached Home Code) and local Cl54 schedules to Residential Zones & Neighborhood Character Overlays to be updated
Q3 2025: Part 5 of the Building Regulations amended to align with the new Clauses 55 & 54
Over the coming months we expect Council planners and regular permit applicants, alike, to be grappling to understand the real-world implications of these changes. There will undoubtably be a period of flux until all these changes are properly understood and their interpretations tested at VCAT.
If you have any queries regarding the latest or future changes please reach out to DMN.
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