Status
On this page:
The Victorian government is committed to building more social housing dwellings in location where they are needed most. Victoria’s Big Housing Build program is an $5 billion investment in social and affordable housing, delivering 12,000 new dwellings. The program seeks to boost total social housing supply by 10%.
To support the Big Housing Build and other social housing programs, streamlined planning processes have been introduced into Victoria’s planning system.
Following consultation with councils and local communities, the Minister for Planning can:
- Issue a planning permit exemption under Clause 52.20 Big Housing Build of the planning scheme.
- Issue a planning permit for 10 or more social housing dwellings under Clause 53.20 Housing by or on behalf of the Director of Housing.
Housing by or on behalf of the Director of Housing
Clause 53.20 of the Victoria Planning Provisions is a permit process for development of dwellings and applies when a planning permit is required in a residential zone and the permit application is made by or on behalf of the Director of Housing.
Victoria’s Big Housing Build
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 approves the project and plans.
It requires a project to be funded under Victoria’s Big Housing Build, either partially or fully, and be carried out by or on behalf of the Director of Housing and the requirements in the clause must be met to the satisfaction of the responsible authority.
Start an application
Applications for social housing projects, including projects funded by the Big Housing Build must be submitted online.
Engagement with Homes Victoria is required prior to the submission of social housing projects.
Operation of clause 53.20
The process is for development of dwellings including:
- single dwellings
- 2 or more dwellings on a lot in the form of dual occupancies
- villa units or townhouses
- 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 modified ResCode and Better Apartment Standards.
Clause 53.20 exempts notice and third party review to VCAT. Homes Victoria will consult with councils about developments under this clause.
Applications made on behalf of the Director of Housing require a letter from the Department of Families, Fairness and Housing or Homes Victoria as evidence to qualify for a streamlined assessment under clause 53.20.
The Minister for Planning is the responsible authority for assessing the development of 10 or more dwellings and apartments. 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 size, number of bedrooms and type of dwellings such as social, affordable or private housing. These decisions will be made by Homes Victoria on behalf of the Director of Housing based on the demand for housing of a particular area.
State government funding requirements
A permit application must be made by or on behalf of the Director of Housing. This would normally mean that there is some government funding included, but not in all cases.
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 and Township Zone. It 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.
ResCode and Better Apartment standards
Clause 53.20 requires assessment against development standards at clause 53.20-6 for all development and 53.20-7 for apartments. The residential development standards are based on the existing ResCode and Better Apartment Standards with modifications to suit social and 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 responsible authority using the decision guidelines at clause 53.20-8. 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 ResCode or 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 set out in clause 66 apply.
Amenity of neighbours
Clause 53.20-6 includes development standards (based on ResCode and Better Apartments) to protect the amenity of adjoining neighbours. This includes standards for:
- Front setbacks (reduced)
- Side and rear setbacks
- Walls on boundaries
- Overshadowing open space
- Overlooking.
Some requirements such as setbacks to adjoining dwellings are greater than existing standards for apartment buildings.
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 any relevant planning provision and derives from and responds to the urban context report.
Energy efficiency
Clause 53.20-6.5 requires dwellings to be energy efficient. Homes Victoria has committed to new dwellings meeting a 7 Star NaTHERS energy rating which is greater than standard requirements.
Council involvement
As part of the pre-application process Homes Victoria will contact councils before lodgement of an application.
Where the Minister for Planning is the responsible authority, we will refer the application to council to provide an opportunity to comment. If comments are not received within 14 calendar days from the date of referral, a decision may be made.
Operation of clause 52.20
Where a project is proposed on behalf of the Director of Housing, the Department of Families, Fairness and Housing or Homes Victoria must provide a letter confirming the project is on behalf of the Director of Housing.
Clause 52.20 applies in most zones, however specified zones are exempt and specific schedule requirements may apply, for example bushfire overlays. Check the planning scheme to confirm zones and requirements.
It includes a requirement for council and public consultation, but exempts notice and third-party review to VCAT.
Applications require consideration of normally applicable issues such as heritage, design and environmental issues as well as assessment of modified ResCode and Better Apartments Standards.
The provision will no longer apply once the Victoria’s Big Housing Build program is complete.
The Big Housing Build 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:
- single dwellings
- 2 or more dwellings on a lot such as dual occupancies
- villa units or townhouses
- apartment developments.
The purpose of the provision is to develop housing projects under Victoria’s Big Housing Build however, large scale developments could include associated land uses such as residential buildings, offices, shops, childcare, social and medical services.
The type or mix of dwellings – social or affordable – is not a consideration of the planning permit process.
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 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 includes a land use that would ordinarily be prohibited.
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 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 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.
ResCode and Better Apartment standards
Clause 52.20 requires assessment against development standards at clause 52.20-6 for all development and 52.20-7 for apartments. The residential development standards are based on the existing ResCode and Better Apartment Standards with modifications to suit social and 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 responsible authority.
Building height requirements
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 height requirements or prohibitions.
VicSmart
VicSmart requirements at clause 71.06 do not apply.
Carparking requirements
The development standards of clause 52.20-6.7 apply. They set requirements for the provision of car spaces, dimensions and access similar to the car parking particular provision.
Referral requirements
The requirements to refer permit applications set out in clause 66.01 do not apply. Clause 52.20-5 requires the comments of referral authorities if the use or development would require a permit were it not for the permit exemption of clause 52.20-2.
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 are committed to early and ongoing engagement of proposals.
Amenity of neighbours
Clause 52.20 includes development standards (based on ResCode and Better Apartments) to protect the amenity of adjoining neighbours. This includes standards for:
- Front setbacks (reduced)
- Side and rear setbacks
- Walls on boundaries
- Overshadowing open space
- Overlooking.
Some requirements such as setbacks to adjoining dwellings are greater than existing standards for apartment buildings.
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 meeting a 7 Star NaTHERS energy rating which is greater than standard requirements.
Council involvement
As part of the pre-application process Homes Victoria will contact and liaise with councils before lodgement of a project.
We will refer project applications to council once it is lodged for comments and draft conditions. If comments are not received within 14 calendar days from the date of referral, we may make a decision without council input.
Page last updated: 01/09/24