Social housing developments

Clause 53.20 of the Victoria Planning Provisions is a streamlined planning permit process for development of dwellings in a residential zone made by or on behalf of the Chief Executive Officer, Homes Victoria.

Depending on the scale of the project, the responsible authority can be either the local council or Minister for Planning

Clause 52.20 removes the need for a planning permit or scheme amendment and replaces it with a streamlined development approval process where the Minister for Planning issues a permit exemption and approves the project and plans.

The clause applies to the use and development of land that is:

• Funded wholly or partly by the Victorian or Commonwealth Government; and
• Carried out by or on behalf of the Chief Executive Officer, Homes Victoria.

Projects seeking consideration through this pathway must be accompanied by written confirmation from the Chief Executive Officer, Homes Victoria that the application is funded, either wholly or partly, by the Victorian or Commonwealth Government, and all requirements must be met to the satisfaction of the responsible authority.

Social and affordable housing projects led by Homes Victoria may also be considered under other planning pathways through the Department of Transport and Planning’s Development facilitation program.

Applications for projects under clauses 52.20 and 53.20 must be submitted online.

Start an application

Engagement with Homes Victoria is required prior to the consideration of housing projects under these streamlined provisions.

The process is for development of dwellings including:

• single dwellings
• two (2) or more dwellings on a lot
• apartment developments.

The type or mix of dwellings – social or affordable – is not a consideration of the planning permit process.

Overlay requirements must still be considered and applications will also require an assessment of development standards.

Clause 53.20 exempts notice and third-party review to the Victorian Civil and Administrative Tribunal (VCAT).

Applications under clause 53.20 require written confirmation from Homes Victoria confirming that they are being made by or on behalf of the Chief Executive Officer, Homes Victoria.

The Minister for Planning is the responsible authority for assessing the development of 10 or more dwellings and apartment developments.  Proposals for less than 10 dwellings are assessed by the local council.

Requirements for tenure or types of housing

The planning provisions do not set requirements for the number of bedrooms and/or type of dwellings such as affordable, including social, or private housing.

Zones

A permit is not required to use land for a dwelling in a residential zone. The requirements of the applicable residential zone must be met.

The provision applies to land in a General Residential Zone, Mixed Use Zone, Neighbourhood Residential Zone, Residential Growth Zone, Housing Choice and Transport Zone and Township Zone.

Clause 53.20 does not apply to land in a Low Density Residential Zone.

Local schedules of a residential zone do not apply, except for a building height requirement. The maximum building height requirement specified in the zone applies, and a minimum garden area must be met.

Development Standards

Clause 53.20 requires assessment against development standards at clause 53.20-6 for all development and clause 53.20-7 for apartments.

The development standards are based on clauses 55 (two or more dwellings on a lot and residential buildings), 57 (two or more dwellings on a lot and residential buildings of four storeys) and 58 (apartment developments), with modifications to suit affordable housing and a streamlined assessment process.

The development standards are designed to allow for flexible decision making. The requirements of a standard should be met, but can be varied at the discretion of the responsible authority using the decision guidelines at clause 53.20-10.

Other policy and decision guidelines in the planning scheme are excluded from the assessment process (clause 53.20-3).

VicSmart

A VicSmart requirement at clause 71.06 will apply if specified in the zone or other relevant provision.

Planning overlays

Where land is affected by an overlay, these requirements apply, allowing consideration of matters such as heritage, environment and design. An overlay may make requirements such as building height limits or a requirement for an environmental audit that must be met.

An application is exempt from the notice and review requirements that may be required by an applicable overlay.

Car parking requirements

Car parking requirements in clause 52.06 do not apply. The development standards of clause 53.20-6.9 apply and set requirements for the provision of car spaces, dimensions and access.

Referral requirements

Requirements to refer permit applications as set out in clause 66 apply.

Amenity of neighbours

Clause 53.20-6 includes development standards to protect the amenity of adjoining neighbours. This includes standards for:

• front setbacks
• side and rear setbacks
• walls on boundaries
• overshadowing open space
• overlooking.

Character of the neighbourhood

The building height requirements of the zone must be met. Where a Neighbourhood Character or other overlay specifies siting and amenity requirements for design and character of buildings, these requirements must be met.

A design response is required to be submitted with the application. The design response must explain how the proposed design responds to relevant planning provisions and derives from and responds to the urban context report.

Energy efficiency

Clause 53.20-6.5 requires dwellings to be energy efficient.

While environmentally sustainable development requirements vary between planning schemes, Homes Victoria has committed to new dwellings achieving best practice outcomes for energy efficiency.

Council involvement

As part of the pre-application process, Homes Victoria may elect to engage with councils before  lodgment of an application for 10 or more dwellings and/or an apartment development.

An application submitted to the Department under clause 52.20 must include a letter from Homes Victoria, or the Chief Executive Officer, Homes Victoria, confirming the application is funded, either wholly or partly, by the Victorian or Commonwealth Government.

Projects in most zones are eligible to access clause 52.20 however specified zones are exempt and specific schedule and overlay requirements may apply, for example bushfire overlays. Check the planning scheme to confirm zones and requirements.

Clause 52.20 includes a requirement for public consultation (including with the municipal council and the community) prior to the application being lodged to the Department, but exempts notice and third-party review to the Victorian Civil and Administrative Tribunal (VCAT).

Applications require consideration of the underlying planning provisions that would normally be applicable.

The Government Funded Housing Development register shows a list of decisions made under clause 52.20.

Types of housing

The provision establishes a special planning process for the development of housing projects. This can include:

• two (2) or more dwellings on a lot
• apartment developments.

The purpose of the provision is to facilitate housing projects that are wholly or partly funded by the Victorian or Commonwealth Government.

Large scale developments could include associated land uses such as residential buildings, offices, shops, childcare, social and medical services, subject to the zone and underlying planning provisions.

Requirements for the use of land

Clause 52.20-5 requires a proponent to submit a report that addresses the proposed use and how it responds to the purposes, objectives, or statements of significance or risk of any zone, overlay, or other provision that would apply were it not for the exemptions in clause 52.20-2. This is typically in the form of a town planning report, prepared by a suitably qualified professional.

Where does the provision apply?

The provision applies to all land in a planning scheme except for land in an industrial zone, rural zone and Port Zone.

Clause 52.20-1 specifies a number of other circumstances where the provision does not apply.

Zones, overlays and schedules

Clause 52.20-2 exempts any requirement of this planning scheme to obtain a permit or any provision that prohibits the use or development of land. Clause 52.20-1 and clause 52.20-2 specify some matters that the provision or exemptions do not apply to.

What matters are not exempted?

The provision exemptions do not apply to:

• The subdivision of land.
• Land in an industrial zone, rural zone and Port Zone.
• A use or development to which the following clauses (including a schedule to a clause) apply:
  • Clause 51.01, specific sites and exclusions
  • Clause 45.12, specific controls overlay

• A use or development that would not require a permit were it not for this exemption (clause 52.20-2)
• A requirement in the following clauses (including a schedule to a clause):
  • Clause 44.06, Bushfire Management Overlay
  • Clause 45.03, Environmental Audit Overlay Clause 45.07, City Link Project Overlay
  • Clause 45.08, Melbourne Airport Environs Overlay
  • Clause 51.03 Upper Yarra Valley and Dandenong Ranges Regional Strategy Plan, clause 52.02 Easements Restrictions and Reserves.
• A use or development that is inconsistent with an applicable Statement of Planning Policy.
• A development for which an environment effects statement has been, or is required to be, prepared under the Environment Effects Act 1978.

If a development site is affected by an overlay such as an Environmental Audit Overlay the requirements of that overlay apply and must be met in accordance with the planning scheme.

Development standards

Clause 52.20 requires assessment against development standards at clause 52.20-6 for all development and clause 52.20-7 for apartments. The residential development standards are generally based on clauses 55 (two or more dwellings on a lot and residential buildings), clauses 57 (two or more dwellings on a lot and residential buildings of four storeys) and clauses 58 (apartment developments), with modifications to suit affordable housing and a streamlined assessment process.

The development standards are designed to allow for flexible decision-making. The standards are not mandatory. A standard should be met but can be varied at the discretion of the Minister for Planning provided that an equal or better alternative overall design outcome is achieved.

Building height requirements

Clause 52.20-5 requires a proponent to submit a report that addresses the proposed development and how it responds to purposes, objectives, or statements of significance or risk of any zone, overlay, or other provision that would apply to the use or development were it not for the exemption in clause 52.20-1.

This includes consideration of height requirements or prohibitions.

VicSmart

VicSmart requirements at clause 71.06 do not apply.

Car parking requirements

The development standards of clause 52.20-6.7 apply. They set requirements for the provision of car spaces, dimensions and access.

Referral requirements

The referral requirements of section 55 of the Planning and Environment Act 1987 do not apply, however clause 52.20-5 requires the comments of a referral authority on the proposed use or development to be submitted.

Notice and consultation

Consultation with the public and the relevant municipal council and the consideration of their responses is a requirement of clause 52.20-4.

Homes Victoria is committed to early and ongoing engagement of proposals.

Amenity of neighbours

Clause 52.20 includes development standards to protect the amenity of adjoining neighbours. This includes standards for:

• front setbacks
• side and rear setbacks
• walls on boundaries
• overshadowing open space
• overlooking.

Neighbourhood character

Clause 52.20-5 requires a proponent to submit a report that addresses the proposed use or development and how it responds to purposes, objectives, or statements of significance or risk of any zone, overlay, or other provision that would apply to the use or development were it not for the exemption in clause 52.20-1. This includes consideration of design and the character of the neighbourhood.

Clause 52.20-5 requires the submission of a design review report prepared by a suitably qualified architect or urban designer that demonstrates how the project achieves good quality design outcomes.

Energy efficiency

Clause 52.20-7.1 requires apartment developments to be energy efficient.

Homes Victoria has committed to new dwellings achieving best practice outcomes for energy efficiency.

Council involvement

As part of the pre-application process, Homes Victoria or a proponent on behalf of Homes Victoria will contact and liaise with councils before lodgment of a project.