On 20 September 2023 the Victorian Government released its much anticipated Victoria’s Housing Statement: The decade ahead 2024-2034.
On the back of this Statement, Amendments VC242 and VC243 were gazetted on 20 and 22 September respectively. While much focus has been given to VC242 which introduced new particular provisions for significant residential development and significant economic development, VC243 will perhaps have a greater application impact being directed at smaller scale residential development.
Amendment VC243 made four key changes:
- Within the ‘requirements’ section of Clauses 54 and 55, wording is introduced to confirm that if the numerical standards of ResCode are met then by default the corresponding objective is also met. This essentially reflects what has largely been common practice within the industry and we do not anticipate that the introduction of this wording into Clause 54/55 will have significant impact on the assessment of affected planning applications.
- A new particular provision, ‘Future homes’, is introduced at Clause 52.34 providing for a standalone more limited assessment pathway for certain small-scale apartment developments on land zoned GRZ within 800 metres of a railway station or activity centre and which are not affected by a Heritage Overlay or a Neighbourhood Character Overlay. This particular provision was previously piloted in the City of Maribyrnong and requires the purchase of pre-approved designs from the Department. This assessment pathway may be of appeal to some developers, however, will require careful due diligence.
- A permit is no longer required for the construction of a dwelling and/or a front fence on lots of between 300-500 square metres if the zone was the only permit trigger. This amendment is only relevant to those planning schemes in which a permit was previously required for lots of this size. As no transitional provisions or the like are provided, we expect Council’s to return any current applications which no longer require a planning permit with a covering letter stating same.
- For lots under 300 square metres in size just requiring a permit under the zone, applications will now be assessed under the VicSmart application provisions which should result in quicker application processing times. Clause 59.14 sets out the application requirements and decision guidelines for such applications. Again, as no transitional provisions apply, existing planning applications automatically become VicSmart applications.
The State Government has also flagged the intention to allow the construction of ‘granny flats’ of 60 square metres or less in size without needing a planning permit as well as additional permit exemptions for outbuildings. These have not come into effect yet and no information has been released as to how they will be applied. We expect these will form part of a subsequent amendment/s which likely will also contain further reforms.
Should you require any assistance with any residential planning matters please contact our office on 03 9329 2288 or via email at mail@glossopco.com.au.
