Changes to Residential Development Codes
During 2025 the State Government made changes to the Victorian planning controls. These changes affect how planning permit applications for houses, small second dwellings, townhouses and low-rise residential buildings are assessed. Clauses 54 and 55 in the planning scheme control these types of development.
The State Government also created a new Clause 57 that controls development of midrise apartment buildings of up to 4 storeys.
These changes mean the following, for development permit applications:
- There is a 'standard' for each type of control (i.e. setbacks) that provides a specific requirement and an ‘objective’ which gives the aim of the control.
- A development must meet all objectives.
- If the standard is met, the corresponding objective is met.
- The responsible authority can only consider a decision guideline (to decide if the objective is met) if the corresponding standard is not met.
For applications under Clauses 54 and 55:
- the responsible authority is exempt from considering any decision guideline or other matter in other parts of the planning scheme as well as specified matters under section 60 of the Planning and Environment Act 1987
- if all standards a met, the development is ‘deemed to comply’ and there is no third-party appeal.
The planning scheme has also been amended to remove local variations in standards for landscaping, permeability, side and rear setbacks and walls on boundaries.
The City of Stonnington can no longer make local variations on these standards, unless they are more lenient than the standard currently in Clauses 54, 55 and 57.
The State Government is considering further reforms to Clause 57 to expand it to include apartments up to 6 storeys.
For more information, visit the Department of Transport and Planning website.