The State Government has made significant changes to the residential development requirements within Victoria’s Planning Provisions. Planning Scheme Amendment VC243 was gazetted on 22 September 2023 and was made as part of the Victorian State Government’s response to support housing delivery. In summary, the changes:
- Remove the planning permit trigger for the construction or extension of one dwelling on a lot over 300m2
- Introduce VicSmart permits for single dwellings on lots less than 300m2, if selected (ResCode) Standards are met
- Clarify and codify the decision criteria for a number of Clause 54/55 (ResCode) Standards
- Implement the Future Homes project across Victoria, including the introduction of exemplar designs for apartment buildings.
We look at each of these in turn, below:
Planning Permit Trigger on lots over 300 square metres
This change applies to the Township Zone, General Residential Zone and Neighbourhood Residential Zone. The zone provisions provide that a planning permit is required to construct or extend one dwelling, or construct or extend a fence within 3 metres of a street, on a lot of less than 300m2 in area.
Previously the 300m2 threshold could be varied by the schedule to the zone, up to 500m2, and a number of Councils had increased the threshold to 500m2. The opportunity for any planning scheme to vary the 300m2 threshold has now been removed and 300sqm is the maximum lot size on which a planning permit can be triggered to construct or extend one dwelling, or construct or extend a fence within 3 metres of a street, in these zones.
The changes do not provide Transitional Provisions, which means they apply immediately and to any existing applications.
Practitioners should be aware of the following:
Any current planning permit applications lodged with Council for the construction or extension of one dwelling on a lot between 300-500m2, where the only planning permit trigger was under the zone, are likely to be returned by Council – no permit is now required
- If other planning permit triggers exist, the application will continue to be processed by Council – however no ResCode (Cl54/55) assessment will be undertaken
- Any application that is impacted by the above changes should be carefully considered to determine whether or not a Report and Consent is triggered – given no ResCode assessment will be undertaken by Council as part of the ‘planning’ assessment
- Any VCAT proceedings associated with application that are impacted by the change should be carefully considered to determine how the change impacts those proceedings.
VicSmart Permits for single dwelling developments on lots less than 300m2
VC243 introduces a VicSmart option, within the Mixed Use, Township, General Residential, Residential Growth and Neighbourhood Residential Zones, for the construction and extension of one dwelling on a lot (less than 300sqm), if the following Clause 54 Standards are met:
- A3 Street setback
- A10 Side and rear setbacks
- A11 Walls on boundaries.
- A12 Daylight to existing windows.
- A13 North-facing windows.
- A14 Overshadowing open space.
- A15 Overlooking.
Practitioners should be aware that:
- Only applications lodged as VicSmart applications, will enjoy the benefits of the VicSmart process
- VicSmart applications are exempt from other requirements in the planning scheme, are not subject to notification and appeal rights and provide a streamlined option for applicants.
- Other Clause 54 Standards (beyond those listed above) and Objectives still form part of the application’s assessment in the normal way.
- The codification of Standards, discussed below, will be of assistance to applicants wishing to use this VicSmart process.
Clause 54/55 (ResCode) Standards: Clarify & Codify
Regular readers of our Planning TidBits will be aware of the frustration caused by VCAT and Councils adopting various interpretations of Clause 54 and Clause 55 provisions in answering the fundamental question of: If the Standard is met does that mean that the Objective is met?
Amendment VC243 removes any ambiguity relating to this issue for many Clause 54 and 55 Standards.
Clause 54 now includes the following clarification:
If a development meets standard A3, A4, A5, A6, A10, A11, A12, A13, A14, A15, A16, A17 or A20, it is deemed to meet the objective for that standard.
Where standard A3, A4, A5, A6, A10, A11, A12, A13, A14, A15, A16, A17 or A20 is met the decision guidelines for that standard do not apply to the application.
Whilst Clause 55 now includes the following, similar, clarification:
If a development meets standard B6, B7, B8, B17, B18, B19, B20, B21, B22, B27, B28, B30 or B32, it is deemed to meet the objective for that standard.
Where standard B6, B7, B8, B17, B18, B19, B20, B21, B22, B27, B28, B30 or B32 is met the decision guidelines for that standard do not apply to the application.
In addition to the above changes, small (but notable) changes have been made to Standards associated with Front Fences and Building Height as follows:
Amendment VC243 removes the requirement for Standards B7 & A4 (Building Height) that:
Changes of building height between existing buildings and new buildings should be graduated.
VC243 also deletes the following requirement from Standards A20 and B32 (Front Fences):
The design of front fences should complement the design of the dwelling or residential building and any front fences on adjoining properties.
Practitioners should be aware that:
- The codification of Standards A3, A4, A5, A6, A10, A11, A12, A13, A14, A15, A16, A17 or A20 and B6, B7, B8, B17, B18, B19, B20, B21, B22, B27, B28, B30 or B32 means that if the Standard is met the Objective of that Clause is met – end of discussion.
- The small changes to Standards B7, A4, A20 and B32 (above) will assist in providing greater flexibility in front fence and height transition issues.
-
- The provisions of Cl 53.24 “…prevail over any inconsistent provision in this planning scheme”
- The provisions only apply to an apartment development in the General Residential Zone that meets the criteria specified in the provision
- Pre-application referrals will be required for suitable projects
- An eligible application is exempt from numerous planning scheme requirements including Clause 55 and 58, any decision guidelines within the GRZ and objectors appeals to VCAT
- Clause 53.04 includes its own Development Standards that must be met under the following headings:
- Car Parking
- Bicycle parking
- Communal open space
- ESD
- Accessibility
- Building entry and circulation
- Storage
- Functional layout
- Room depth
- Windows
- Natural Ventilation
- Deep soil canopy cover
Implement the Future Homes project across Victoria
Amendment VC243 also introduces a new Clause 53.24 (Future Homes) to all Victorian Planning Schemes. The provision introduces the concept of ‘exemplar designs’ for streamlining apartment development approvals.
Practitioners should familiarise themselves with these new provisions and note:
Clause 53.04 is considered a bold step in the right direction to facilitate increased housing in appropriately located areas. However, the extent of flexibility in the ‘Exemplary Designs’ and the extent of changes that can be made to them is yet to be understood and will take some months to be tested at Council and VCAT level.
Subscribe to receive regular updates on planning issues relevant to Victorian planning permit applicants here.
—————————————————————————————————————–
-
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 Email: enquiries@clause1.com.au Web: www.clause1.com.au
—————————————————————————————————————–