On 31 March 2025 changes were introduced to the Townhouse and Low-Rise Code section of the Stonnington Planning Scheme by the State Government.
Planning applications for two or more dwellings on a lot, and residential buildings of one to three storeys
Changes to Clause 55 relate to how Council will assess planning applications for two or more dwellings on a lot, and residential buildings of one to three storeys.
A planning permit is always required for these developments in the residential zones.
These changes state that:
- 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 in clause 55 if the corresponding standard is not met (to assist with determining whether alternative design meets the objective)
- in deciding the application to which clause 55 applies, the responsible authority is exempt from considering any other matter or decision guideline in the planning scheme and specified matters under section 60 of the Planning and Environment Act 1987
- where all standards are deemed to be met there is no third-party appeal.
This amendment removes the ability to specify local variations in clause 55 standards for landscaping, permeability, side and rear setbacks and walls on boundaries.
The State Government has also indicated a further significant amendment will be made remove the ability to specify local variations in relevant zone schedules in all planning schemes.
There are currently no changes to the operation of other provisions of the planning scheme, including overlays and particular provisions. Residential developments are still required to meet the requirements of any relevant overlay or particular provision that apply to the site or proposal, including planning permit requirements for land use, development and heritage.
The notice and review provisions of the Act continue to apply as required by other provisions of the planning scheme.
More information is available on the Department of Transport and Planning website
Four Storey Apartment Standards
A planning permit is always required for these developments in residential zones.
A new clause (Clause 57) has been added to the Townhouse and Low-Rise Code section of the Stonnington Planning Scheme by the State Government. It sets out the purpose, application, operation and requirements.
The new standards cannot be varied by local schedules to zones and there is no exemption from third-party review rights.
If your application is assessed under clause 57 of the planning scheme you must submit a site description and a design response with the application. More information is available at clause 57.01 – Application requirements
More information is available on the Department of Transport and Planning website