Insights Library
Amendment Vc243 | Further Updates Following The Victorian Government’s Housing Statement
“Victoria’s Housing Statement” (VHS) was released on Wednesday and broadly seeks to introduce new policies and processes to boost housing supply and housing affordability across Victoria. The first raft of changes introduced to all Victorian Planning Schemes (Scheme) occurred that same day, via Amendment VC242, which introduced new particular provisions at clauses 53.22 and 53.23 of the Scheme to facilitate significant residential and economic development across the State. Our firm’s article in respect to VC242 is available at this link.
A further major change to the Scheme has occurred today (22 September 2023) via Amendment VC243 (Amendment) which seeks to:
- codify residential development standards;
- implement the Future Homes project across the State;
- remove permit requirements for single dwellings on lots of 300 square metres or more; and
- introduce VicSmart permits for single dwellings on lots less than 300 square metres.
What are the implications of VC243?
Codifying residential development standards
The codification of the residential development standards at clause 54 (one dwelling on a lot) and clause 55 (two or more dwellings on a lot) of the Scheme means that where an application meets the numerical standard in those clauses, the objective associated with such Standard is deemed to also have been met. The effect of this is that the associated decision guidelines for the particular standard are not required to be considered where the standard is deemed to have been satisfied. As an observation, this change seeks to clarify a practice that many Council’s and Tribunal decisions already followed in practice. It’s confirmation through the Amendment removes any future debate about such matters however.
It is noted that the extent of this change is limited to those provisions with a numerical measure in Clauses 54 and 55 (I.e. setbacks, overshadowing etc.) and does not apply to the qualitative standards, such as those relating to neighbourhood character and the like.
In short, the codification of various development standards seeks to create a more certain planning permit process, reducing potential barriers to swift approvals and clarifying how the standards are to be met.
Future Homes
The Amendment also introduces a new General Requirement and Performance Standard at clause 53.24 of the Scheme in respect to the Future Homes initiative. Clause 53.24 of the Scheme seeks to facilitate apartment developments that:
- incorporate exemplar designs approved under the Future Homes project.
- increase the density and diversity of housing to respond to Victoria’s population growth.
- are exemplary in their design, liveability and sustainability.
Clause 53.24 will apply to any application under the General Residential Zone (GRZ) to construct two or more dwellings on a lot provided:
- the development is an apartment development;
- design of the apartment development must use a licenced exemplar design approved under the Future Homes project overseen by the Department of Transport and Planning.
- The land is within 800 metres of a railway station, an activity centre (be it metropolitan, major or neighbourhood in Melbourne) or an activity centre outside of Melbourne; and
- The land is not within a Heritage Overlay or Neighbourhood Character Overlay.
For the purpose of Clause 53.24, the Secretary to the Department of Transport and Planning is a determining referral authority and any application under this provision receives the benefit of an exemption from the Scheme requirements under the GRZ, clauses 45.09, 52.06 and 52.34 and clause 55 and 58 which relate to apartment developments.
We anticipate additional material being released shortly in respect to the Future Homes initiative.
Removal of the requirement for planning permission for a single dwelling on a lot over 300 square metres
The Amendment removes, from the GRZ, Neighbourhood Residential Zone and Township Zone, the ability to specify in the schedule to those zones that planning permission is required to construct or extend a single dwelling on a lot (or construct or extend a fence within 3 metres of a street) on a lot of 300 square metres or more. The effect of same is that there is no longer a requirement to obtain a planning permit to construct a single dwelling on a lot over 300 square metres, save for in circumstances where there exists such a requirement under other provisions of the Scheme, such as an overlay.
Further, the Amendment has varied the process for any application to construct or extend a single dwelling on a lot of less than 300 square metres, making such applications appropriate to pursue via the VicSmart pathway. These changes will have the effect of providing greater certainty to applicants with respect to approval timeframes provided those applications meet the requisite requirements.
Does the Amendment apply to current planning permit applications?
On our review of the Amendment material and the updated controls, there do not appear to be any transitional provisions meaning that the updated controls will apply with immediate effect to any current planning permit applications. The effect of this is that where there is an existing application for a planning permit for a single dwelling on a lot over 300 square metres, that proposal will no longer necessitate planning permission (provided of course there are no other requirements for a planning permit elsewhere in the Scheme).
We expect further detail to emerge in the coming days, weeks and potentially months as to how these changes will be implemented in practice. As that information comes to light, we will continue to provide updates to our client’s and referral networks.
