| Published by William Bartley, Matthew Beazley
The amendments were approved as part of:
The amendments include a number of substantive changes and a number of ‘policy neutral’ changes.
Upon gazettal, the amendments have immediate force and effect, subject to applicable transitional provisions. While we do not address the effect of all applicable transitional provisions in this alert, the effect of any applicable transitional provisions will need to be carefully considered on a case-by-case basis.
Proponents, objectors and decision makers should be careful to ensure that, if applicable, the amended provisions are taken into account when formulating, responding to, and determining land use and development proposals.
Amendment VC110 implements the Government’s response to the Managing Residential Development Advisory Committee’s recommendations dated 14 July 2016 (which can be accessed here).
With the exception of the Low Density Residential Zone (LDRZ), Amendment VC110 affects all of the residential zones in the Victorian Planning Provisions. The changes approved as part of Amendment VC110 have the potential to significantly impact both individual residential development proposals and broader residential development patterns across Victoria.
The changes are summarised below.
Zone purposes, neighbourhood character objectives and design objectives
Minimum garden areas
An uncovered outdoor area of a dwelling or residential building normally associated with a garden. It includes open entertaining areas, decks, lawns, garden beds, swimming pools, tennis courts and the like. It does not include a driveway, any area set aside for car parking, any building or roofed area and any area that has a dimension of less than 1 metre.
Number of dwellings on a lot
Maximum building heights
In all residential zones (except the LDRZ) the transitional provisions which applied to the changes made to clause 55 by Amendment VC100 have been deleted.
The changes approved as part of Amendment VC134 affect the State Planning Policy Framework and are partly administrative and partly substantive.
One of the substantive changes has been to amend clause 9.01 (and other clauses in the SPPF) to delete reference to Plan Melbourne (2014) and introduce the new Plan Melbourne 2017-2050: Metropolitan Planning Strategy (2017).
Clause 11 has been amended as part of an interim SPPF restructure to, among other things:
Associated amendments have been made to clause 10.03 to set out the revised operation of the SPPF.
The waste and resource recovery objective and strategies at clause 19.03-5 have been amended to put more emphasis on:
The public transport objective and strategies at clause 18.02-3 have been amended to, among other things:
Other substantive changes include:
Amendment VC135 expands the VicSmart fast-track planning process by changing the VicSmart Planning Assessment provisions at Clauses 90 to 95 of the Victoria Planning Provisions.
The amendment introduces additional classes of application into the VicSmart provisions, and increases the ‘cost of development’ threshold of some existing VicSmart buildings and works classes of application.
A number of the changes are summarised below:
Conciliation of domestic building disputes prior to VCAT proceedings will be compulsory from 26 April 2017.
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