21 Jan Transitional Provisions in the Neighbourhood Residential Zone
A recent VCAT Red Dot decision has cleared up any confusion regarding the applicable date that the transitional provisions within the Neighbourhood Residential Zone apply.
The transitional provisions allow for the construction of more than two dwellings on a lot prior to the planning scheme amendment to introduce the new zone.
The case was in Glen Eira (Belleli v Glen Eira CC [2014] VCAT 1486), but the decision has general applicability throughout Victoria. This case looked at how and when the transitional provisions within the new Neighbourhood Residential Zone apply.
This VCAT decision determined that the applicable date for the transitional provisions is the date that the Neighbourhood Residential Zone was incorporated into the planning scheme for that municipality, not the earlier date when the general state-wide amendment first introduced the zones.
This provides certainty in when the transitional provisions apply for an application within the Neighbourhood Residential Zone. It is important to remember that the other changes that may be introduced into the Neighbourhood Residential Zone such as variations to Clause 55 will apply to this application regardless of whether the transitional provisions apply.