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).
In a recent article we reported on Moreland City Council’s Planning Scheme Amendment C190, which proposes a new class of local VicSmart application that would allow planning permit applications for two dwellings on a lot within the General Residential and Neighbourhood Residential Zones.
The Victorian Government has introduced the most significant changes to Victoria’s planning zones since the introduction of the standardised Victorian Planning Provisions (VPP) over a decade ago. The new zones are expected to significantly change the residential development landscape across Victoria. The following article looks at the new General Residential Zone […]
Permit applicant’s that regularly work in Mornington Shire Council will be aware that during 2018 Council had started to assess planning permit applications against the Mornington Peninsula Housing and Settlement Strategy 2017. This strategy has formed the basis for planning scheme amendment C219 which seeks, among other things, to mandate minimum lot sizes of 300sqm and 450sqm in GRZ and NRZ respectively. However, the Minister’s office has not yet provided approval for amendment C219 to be prepared.
We reported recently on the new definition for “Garden Area” now contained in Victoria’s Planning Schemes. Applicants will be aware that, where applicable, these garden areas are mandatory requirements in the Neighbourhood and General Residential zones.
In a recent VCAT proceeding, O’Callaghan v Boroondara CC [2018] 598, the Tribunal was forced to contemplate the question of whether a permit was triggered under the Neighbourhood Residential Zone (NRZ) for an extension to an existing Medical Centre.
Leading on from the above article, we wanted to discuss the potential impact of the new exemptions from the Garden Area Requirements contained in both the NRZ and GRZ.
Planning Scheme Amendment GC76 was prepared by the Minster for Planning and introduced on 21 December 2017. The amendments affect ten of Victoria’s metropolitan and peri-urban Planning Schemes.
Two recent VCAT cases have looked closely at the implications of the restrictions contained in the Neighbourhood Residential Zone (NRZ) that specify the maximum number of dwellings per lot (usually capped at two). The outcome of those cases opens up an opportunity for applicants to develop land in the NRZ with more than the maximum number of dwellings specified in the zone at Clause 32.09-3.
A recent attempt by Bayside City Council to amend their Neighbourhood Residential Zone (affecting approximately 80% of the residential land in the municipality) raised the ire of residents, professionals and industry bodies alike. The amended schedule to the NRZ was proposed to include a schedule prescribing:
