In April 2023, Amendment VC231, changed the default planning permit exemption thresholds for dwelling extensions, out-buildings and building used for agriculture, in the Rural Living Zone, Farming Zone and Rural Activity Zone across Victoria. Buildings and works requirements under these zoning provisions have exemptions based on floor area. Amendment VC231 […]
A recent VCAT decision, Burnley Maltings Pty Ltd v Yarra CC [2021] VCAT 337, has provided a notable interpretation to the exemptions that allows development to exceed, the otherwise mandatory, ‘height’ and ‘number of storey’ restrictions contained within the General (GRZ) and Neighbourhood Residential Zones (NRZ).
Planning scheme amendment VC193 is a State-wide amendment; one of a number of planning scheme amendments made to support the State’s social and economic recovery from the Coronavirus (COVID-19) pandemic. The Amendment was made operative on 21 October 2020 and provides 12 months of exemptions to planning scheme and existing planning permit requirements, for uses and development in relation to (mainly) outdoor dining.
A recent VCAT case, Chin v Boroondara CC [2017] VCAT 521, looked at the issue of exemptions from third party notification and review rights and provides a timely reassurance that these exemptions must be upheld.
Last year a number of changes were made to both the Aboriginal Cultural Heritage Act and Regulations. The changes impact the Cultural Heritage Management Plan (CHMP) processes and obligations for Victorian planning permit applicants. The following outlines some of the changes of most relevance to applicants.
Regular permit applicants and readers of Planning Tidbits will be aware that Clause 52.48 of the Victorian Planning Provisions provides powerful exemptions from permit triggers for tree and other vegetation removal under the heading of ‘Bushfire Protection: Exemptions”.
