This was an appeal brought on by Objectors against Council’s decision to issue a Notice of Decision to grant a permit. The Review Site presented with a total area of 1012 square metres, a generally flat rectangular allotment with no encumbrances and contained a single dwelling. The land is zoned GRZ1 with no Overlays. It is located in the established township boundary of Ararat. The land is connected to reticulated services and is in reasonable proximity to a range of existing facilities and services.
The proposal is to establish three, single storey dwellings sitting centrally down the site, with a separate driveway to dwelling 1. The floor layout is depicted in the figure below.
The application was lodged prior to the introduction of the ‘Townhouse and Low-Rise Code’ introduced under Amendment VC267 on 31 March 2025. It was therefore assessed under a historical version of Clause 55, as it existed prior to the approval of VC267.
The Tribunal was satisfied that the proposal adequately responded to the neighbourhood character of the area and did not result in unreasonable amenity impacts to the surrounding area.
In terms of the back yard context, the Tribunal found the single storey dwellings to be acceptable and that, in order to achieve housing diversity outcomes in the GRZ1, some built form into the rear of the land needed to be accepted.
Reference is made to an article in the Parliament of Victoria website ‘Addressing the gaps in regional housing’ dated 6 May 2025 (https://www.parliament.vic.gov.au/news/environment/housing-gaps/). This article states:
The Legislative Assembly Environment and Planning Committee heard from a number of witnesses about the complex challenges impacting the state’s regional housing supply.
Close to 25 per cent of Victorian residents live in regional areas and that number is growing annually.
Head of State Planning at the Department of Transport and Planning Colleen Peterson said 90 per cent of all dwellings in regional Victoria were detached separate dwellings and that was an issue for both housing supply and affordability.
Recent changes to planning provisions include the creation of the townhouse and low-rise code, designed to support faster decisions and a pathway for townhouse and apartment style development up to three storeys in height.
‘We really hope to see that regional developers will be able to take advantage of those provisions to provide more diverse forms of housing in regional towns, where the building of even just two and three units on a block rather than a single home will create more affordable, more diverse housing,’ Ms Peterson said.
This VCAT win is a step closer towards the delivery of additional housing diversity in the regional town of Ararat, consistent with the outcomes sought under the recent planning reforms.
Are you looking to develop regional land? Glossop Town Planning can assist with all stages of the development approvals process including feasibility advice, planning permit applications and representation at VCAT as both an advocate and an expert witness. Please reach out to see how we can assist you on 03 9329 2288 or via email at mail@glossopco.com.au.
