In 2011 the Minister for Planning set up an advisory committee to review the car parking provisions in Victoria’s planning schemes. The advisory committee submitted its report to the Minister in January of this year. As a result of those recommendations new car parking provisions were implemented in the Victorian Planning Provisions on 5 June 2012. The changes include a new Car Parking Overlay at Clause 45.09 and a number of changes to the parking provisions in Clause 52.06.
Important changes, as summarised by the Department of Planning and Community Development include:
- removing the need for a permit when a change of use does not increase demand for car parking to that of the existing use;
- revised car parking rates to better reflect current car parking demand. Councils can choose between standard rates or lower rates where justified;
- clearer decision guidelines about matters to be taken into account before car parking requirements are reduced;
- land use terms in the car parking table that align with standard land use terms in the Victoria Planning Provisions;
- greater emphasis on urban design matters including additional design guidelines.
Clause:1 believes that these changes will help streamline the planning permit process, particularly where:
- The use of a building changes but the planning scheme car parking requirements are the same or less, then no planning permit will be required for a car parking reduction for the new use;
- A planning permit application solely for a reduction in the car parking requirements will be exempt from notice and review, meaning no third party objections or appeals;
- Revised car parking rates in Table 1 of Clause 52.06 better reflect modern car parking demand for the particular uses identified;
- Clause 52.06-8 provides greater detail in the design standards for accessways, car parking spaces (including clearance provisions for trees or columns within car park spaces), gradients, ramp gradients, mechanical parking, urban design, safety and landscaping. The provision of greater detail in design standards may result in additional work in including detail on plans but gives more certainty for designers and applicants;
- The additional uses specified in Table 1 of Clause 52.06 provide a more realistic assessment of car parking demand for uses which previously were considered under their “umbrella” use definitions.
Permit applicants should be aware that the new parking provisions are not subject to transitional arrangements. This means that any applications currently under assessment are now subject to the new provisions. This may mean that a current proposal no longer needs a planning permit, the number of car spaces required by the planning scheme has reduced and/or any objections received to an application for a car parking reduction are no longer valid… However it may also mean that a new permit trigger has been introduced and is now required to be considered as part of your application…So check you current files to confirm whether these changes affect your existing proposals/applications.
Changes in parking rates of include (among others):
A reduction in the parking requirements for:
- Medical centers: from 5 per practitioner to 5 for the first practitioner and 3.5 of every additional practitioner.
- Shops: from 6 per 100sqm to 4 per sqm
- Restaurant: from 0.6 per seat to 0.4 per patron
- Residential developments of four storey or more are now required to match ResCode requirements.
Inclusion of new specific rates for:
- Childcare Centres: of 0.22 spaces per child
- Convenience restaurant: of 0.3 space per child
- Supermarket: of 5 per 100sqm
- Home occupation: 1 per employee not a resident
An increase in rates for:
- Warehouses: from 1.5 spaces per 100sqm to 2 spaces per premises plus 1.5spaces per 100sqm;
- Golf courses: from 4 spaces per hole to 4 spaces per hole plus 50% of any ancillary uses onsite;
The provision of the new Parking Overlay will enable Councils to set specific rates for different areas, for example, lower rates in areas close to public transport. The Overlay will also enable a maximum car parking rate to be set, show the parking overlay on the planning maps and enable a clearer way to implement “cash-in-lieu” of parking schemes. The Overlay gives Council’s flexibility to tailor car parking provisions to suit local conditions at the same or lesser rate than the requirements in Table 1 of Clause 52.06.
However, permit applicants should be aware that the new Clause 52.06 appears to now trigger a permit for ‘all’ shortfalls in residential developments.
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.
There are two revised practice notes available at www.dpcd.vic.gov.au/planning/publications. These practice notes provide a detailed overview of the new provisions. The new parking provisions are now part of all planning schemes across Victoria and contained within Clause 52.06.
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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.
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