In the last edition of DBAV News we discussed planning scheme amendment VC90 (gazetted 5th June) that introduced substantial changes to Clause 52.06 (Car Parking) and the impact those changes would have on permit applicants. We considered that the majority of changes were positive ones for permit applicants with a few exceptions. The following is an extract from last month’s piece:
Previously the “Parking Provisions” contained in ResCode (Clause 54: Standard A9 & Clause 55: Standard B16) meant that no permit trigger existed for any shortfall (for residential developments of less than 4 storeys). Rather the discretion to determine whether a shortfall was appropriate was contained in the ResCode provision. However Standards A9 and B16 have now been removed from Rescode. It appears that the intention here is to force all residential developments to seek formal ‘dispensations or waivers’ under the new Clause 52.06. We are not convinced that his is a great change for permit applicants.
It appears that DPCD agreed… On the 4th July (one month after the initial changes to Clause 52.06 were introduced by VC90) the Government gazetted amendment VC94 that partially rectifies this issue and a couple of other small anomalies within the new provision. Thanks to VC94, Clause 52.06 now includes the following exemptions at Clause 52.06-1:
Clause 52.06 does not apply to the construction or extension of one dwelling on a lot in the Residential 1 Zone, Residential 2 Zone, Residential 3 Zone, Mixed Use Zone or Township Zone unless the zone or a schedule to the zone specifies that a permit is required to construct or extend one dwelling on a lot.
Permit applicants should be aware that car parking shortfalls on lots less than 300m2 in Residential 1 Zones (or less than 500m2 if the Schedule to the Zone specifies) will still trigger a planning permit for that shortfall.
If you have any queries with regards the interpretation of the new Clause 52.06 we encourage you to contact us for clarification.