19 Mar Multi Dwelling Planning Applications in Melbourne Set to Change
New Townhouse and Low Rise Code
A new assessment model has been recently introduced by the state government into all Victorian Planning Schemes. This new code will affect how multi dwelling projects will be assessed and determined.
It has been pitched that it will provide better outcomes and faster planning permits – time will tell if it lives up to its promise!
Some of the Key Changes to Planning Standards
We won’t review all of the changes that have been made. You can read more details on the low-rise code here.
Some of the key changes include:
Deemed to Comply
Arguably the biggest change is the introduction of a “deemed to comply” model. This means that each standard has a specific measure and if that measure is met, the standard is met, and there does not need to be any further assessment of that requirement. This reduces the potential for subjective decision making and creates more certainty for applicants starting out in the process.
New Clause 55 Standards
To create this deemed to comply model, the Clause 55 Standards have been redeveloped. Additionally, new Standards that provide further assessment of internal amenity such as consideration of the functional layout of the dwellings and the penetration of solar access with consideration of the depth of single aspect habitable rooms.
Changes to Appeal Rights
Third party appeal rights (the right for objectors to appeal a decision at VCAT) has also been significantly scaled back. Firstly, if all the standards comply then there are no third party appeal rights. If there is a variation to a standard then third party appeal rights will only apply if it is a standard that will affect adjoining amenity (such as the neighbourhood character requirements and overlooking and overshadowing).
Sustainability Measures have been introduced
Another change that has been introduced is the incorporation of sustainability measures. Previously, individual Councils had incorporated the need for Sustainable Design Assessments in some applications, but now the intent is to provide the same requirements regardless of the location.
Tree Canopy Requirements
The need to provide a minimum percentage of tree canopy has been introduced. The requirement for a satisfactory landscape plan will still be handled as part of the planning permit conditions, so the council will maintain control in the vegetation selection to ensure appropriate planting is provided.
Implementation and Transition Process
The changes have now been gazetted, with a commencement date of the 31st March specified. Transitional provisions have also been provided for earlier applications. The confusing thing is that the transitional provisions apply from the gazetted date, the 6th March, and not the commencement date. The transitional provisions provide that:
- Any application started before the 6th March will be assessed under the previous controls.
- Any application to amend a permit that was approved prior to the 6th March will be assessed under the previous controls.
- If an amendment is made to a current planning application, then that will trigger the application to be assessed under the new controls rather than the previous ones. If this can reduce issues or result in a faster process there may well be a flurry of amendments.
Initial Thoughts
As stated at the beginning, this has been promoted as a way to get more certainty and to have a faster planning application process. Hopefully this will improve the process, but we will need to wait and see if this transpires!
Our first review of the new standards and process are:
- There will be additional information that hasn’t always been required, such as nominating plant and equipment, minimum space for bins and the protection of northern windows. While this is an additional burden on applicants, if it comes with increased certainty that if the standards are met, the application will be approved, then this seems like more than a reasonable cost!
- The introduction of sustainability measures and tree canopy requirements may have positive outcomes for areas overall. However, in municipalities where the previous controls around landscaping/provision of generous garden areas and sustainability requirements were already well embedded into the process will these new requirements lead to a lesser outcome?
- The potential to create more certainty in the process may also lead to higher value outcomes. If there is assurance that a project will be approved if all of the standards are met, more thought can then be given to the outcome as a whole.
- The application of the new Townhouse and Low Rise Code will require some changes to the documentation presented with an application. With the “deemed to comply” model, the government are providing a framework for a faster and more streamlined process. To maximise the benefits offered by the model, the documentation (predominantly plans and report) need to clearly and efficiently show how all the standards are met. Not showing details or simply stating that a standard complies without explanation will only slow down the process. Putting in the effort to have accurate and easily read documentation that covers all of the standards will hopefully pay dividends with a faster and smoother process. This will be one of our focuses for our clients as we adapt to the new model.
Wanting to know how these changes might impact you or needing a new Clause 55 Report? Reach out to us to discuss your project.