Residential development

If you’re developing land for a dwelling consider the following (as set out in the planning scheme):

• the relevant state, regional and local strategic policies contained in the Planning Policy Framework (PPF) and Municipal Planning Strategy (MPS)
• the purpose and requirements of the zone and schedule to the zone
• the purpose and requirements of any overlay and schedule
• the relevant provisions of Clause 54 or Clause 55  including the neighbourhood and site description and design response
• the relevant particular, general and operational provisions
• any comments of referral authorities and others (if applicable).

Clause 54 (one dwelling on a lot), Clause 55 (two or more dwellings on a lot and residential buildings), Clause 56 (residential subdivision) and Clause 58 (apartment developments) of planning schemes include:

• objectives that must be met
• standards that should be met
• decision guidelines.

More information about these clauses are available by scrolling to the appropriate tab.

An objective describes the desired outcome in the completed development.

• All applications must meet all the objectives of Clause 54, Clause 55 or Clause 58. The objectives aim to achieve residential development that:
  • respects neighbourhood character (Clauses 54 and 55) or urban context(Clause 58)
  • protects amenity
  • is more sustainable.
• You can’t "trade off" between objectives
• Council must consider the associated standard and decision guidelines when they decide if the development meets each objective.

A standard contains the requirements to meet the objective. Standards should normally be met. However, if the council is satisfied that an application for an alternative design solution meets the objective, the alternative may be considered.

• Each objective contains a standard
• Council can vary some of the standards in Clause 54 and Clause 55 by using a schedule to a residential zone or a schedule to a Neighbourhood Character Overlay.

Decision guidelines set out the matters the council must consider before deciding if an application meets the objectives.

• Most objectives of Clause 54, Clause 55 and Clause 58 have decision guidelines. The decision guidelines will help council decide whether:
  • the objective will be met if the standard is met
  • the objective will be met if an alternative design solution is used.
• All of the decision guidelines must be considered:
• Council can add local decision guidelines using a schedule to a residential zone.
  • council doesn’t need to document its consideration of each individual decision guideline
  • a general statement that council has considered all of the objectives and decision guidelines in the report on the application will usually be sufficient after a merits assessment.

A series of residential development practice notes are available to help you understand the residential development provisions:

• PPN15: Assessing an application for one or more dwellings in a residential zone
• PPN16: Making a planning application for one or more dwellings in a residential zone
• PPN27: Understanding the residential development standards (ResCode)
• PPNs 38 to 41: Clause 56 subdivision
• PPN43: Understanding neighbourhood character.

Find the residential development practice notes

If your application will be assessed under Clause 54 or 55 of the planning scheme you must submit a neighbourhood and site description with the application.

It must describe specified aspects of the site and its neighbourhood. Detailed information is set out in the following practice notes:

• PPN43: Understanding Neighbourhood Character (PDF, 110.4 KB) or (DOC, 107.5 KB)
• PPN16: Making a planning application for a dwelling in a residential zone (PDF, 135.1 KB) or (DOC, 97.5 KB)

You need to prepare the description to the council's satisfaction because it provides the basis for:

• you to develop a design that meets the objectives of the planning scheme
• council's assessment of the design.

Next steps:

• Description meets council’s requirements and is satisfactory:
  • council will inform you in writing and
  • continue to process your application.
• Description doesn’t meet council requirements:
  • council can request more information from you under section 54 of the Planning and Environment Act 1987
  • the request should set out clearly why the description isn’t satisfactory and what additional information is required.

If your application will be assessed under Clause 58 of the planning scheme, you must submit an urban context report with the application.
It must describe specified aspects of the site and its context.

You need to prepare the report to the council’s satisfaction because it provides the basis for:

• you to develop a design that meets the objectives of the planning scheme
• the council’s assessment of the design.

Next steps:

• Report meets council’s requirements and is satisfactory:
  
  • council will inform you in writing and
  • continue to process your application.
• Report doesn’t meet council requirements:
  
  • council can request more information from you under section 54 of the Planning and Environment Act 1987
  • the request should set out clearly why the description isn’t satisfactory and what additional information is required.

The design response must accompany your application. Many of the objectives in Clauses 54, 55 and 58 include decision guidelines that require council to consider the design response when assessing whether an objective or associated standard has been met.

Use the design response to explain how the design:

• derives from and responds to the neighbourhood and site description (Clauses 54 and 55) or the urban context report (Clause 58)
• meets the objectives of the relevant sub clause within Clause 54, 55 or 58
• responds to the preferred neighbourhood character of the area identified in a local planning policy or a Neighbourhood Character Overlay.

A mandatory neighbourhood character (Clauses 54 and 55) or urban context (Clause 58) objective and standard is the starting point for making and assessing all planning permit applications for residential development. The aim is to respect existing or preferred neighbourhood character or urban context.

Other objectives and standards in Clauses 54, 55 and 58 require developments to respond to key elements of surrounding development that contribute to the character of the neighbourhood. These include:

• street setback
• building height
• side and rear setbacks (Clause 54 and 55)
• site coverage
• private open space
• front fence height.

Schedules apply to the Residential Growth, General Residential, Neighbourhood Residential, Mixed Use and Township zones. The schedules can:

• specify that a planning permit is required to construct or extend one dwelling on a lot of less than 500 sqm (this does not apply to the Residential Growth Zone and Mixed Use Zone). If no requirement is specified in the schedule, then a lot size of 300 sqm applies (a schedule to the Neighbourhood Residential Zone can specify a different lot size trigger)
• change the requirements of specified siting and design standards in Clauses 54 and 55 of planning schemes. These changes also affect the corresponding standards in the Victorian Building Regulations. The requirements of Clause 58 cannot be changed.
• specify a mandatory maximum building height applying to a dwelling or residential building (or in the Mixed Use Zone applying to any building)
• specify objectives to be achieved for the area
• include additional application requirements
• include additional local decision guidelines
• in the Neighbourhood Residential Zone specify a minimum subdivision area 
• in the General Residential Zone specify if the Minimum Garden Area Requirement applies.

The Clause 54 and Clause 55 standards that a council can change using the schedule are:

• minimum street setback
• site coverage
• permeability
• landscaping
• side and rear setbacks
• walls on boundaries
• private open space
• front fence height.

Changes to a schedule are implemented through an amendment to the local planning scheme.

The Neighbourhood Character Overlay (NCO) is a tool used in areas where the residential development standards consistently fail to meet the specific objectives for neighbourhood character. An NCO should not be used as a 'blanket' control across the municipality.

Criteria showing when an NCO can be used can be found in practice note PPN91: Using the residential zones (PDF, 3.2 MB) or (DOCX, 904.9 KB).

Under the NCO a planning permit is required if you want to:

• construct a building or carry out works. This includes all single dwellings, including alterations and additions
• demolish or remove a building if specified in a schedule to an NCO
• remove, destroy or lop trees if specified in a schedule to an NCO.

A schedule to the Neighbourhood Character Overlay may modify most standards in Clause 54 and Clause 55, including any requirements specified in a schedule to a Residential Growth, General Residential, Neighbourhood Residential, Mixed Use or Township Zone.

A planning scheme amendment is required to introduce an NCO.

More information about the assessment of a planning application for a dwelling in a residential zone is provided in practice note PN15: Assessing an application for a dwelling in a residential zone (PDF, 92.8 KB) or (DOC, 84.5 KB).