The amendment introduces new deemed-to-comply residential development assessment provisions for single dwellings or smaller second dwellings on a lot. As expected, the new Clause 54 is consistent with the Low-Rise Code at Clause 55, which came into effect earlier this year via Amendment VC267.
Provided that a standard in Clause 54 is met, the new deemed-to-comply operations will essentially ‘turn off’ decision guidelines, any other matters in the planning scheme or specified under Section 60 of the Act, and third-party review rights. In instances where an application meets all applicable neighbourhood character and external amenity standards, it becomes a VicSmart application and is exempt from third-party notice and review. A similar scenario applies to a small second dwelling.
The new Clause 54 incorporates a combination of updated and new standards which align with those of Clause 55, and some notable changes are:
Amendment VC282 makes several consequential changes to align with Clause 55. These changes include limiting the standards that can be varied by a local schedule, allowing local variations to Clause 54 to be only more permissive. It addresses subsequent updates to the relevant zone and overlays where Clause 54 applies. The amendment also inserts transitional provisions to enable existing applications/permits issued before the commencement of amendment VC282 to continue to be assessed under the version of Clause 54 that was in effect immediately before gazettal of the amendment.
The new Clause 54 aims to provide standardised residential development rules, making good and faster decisions that align with the Victorian Government’s Housing Statement. Importantly, it aligns with Clause 55, ensuring there is consistency across the spectrum of new residential codes.
It is understood that Victoria’s building regulations will soon be updated to provide uniformity with the new planning requirements.
If you have any queries or would like to know more, please reach out to your Ratio contact or email us at mail@ratio.com.au.
