Residential development

Residential development provisions

The residential development provisions must be considered in the context of other parts of the planning scheme. Planning scheme content may vary between councils.

Planning schemes

If you’re developing land for a dwelling, check the council’s planning scheme and consider the following sections:

state, regional and local strategic policies contained in the Planning Policy Framework and Municipal Planning Strategy
the purpose and requirements of the zone and schedule to the zone
the purpose and requirements of any overlay and schedule to the overlay
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.

Objectives, standards and guidelines

All planning schemes include objectives, standards and decision guidelines at the following clauses:

Objectives

An objective describes the desired outcome in the completed development. A development must meet all the objectives of Clause 54, Clause 55 or Clause 58 that apply to the application.

The objectives aim to achieve residential development that:

respects neighbourhood character (clauses 54 and 55) or urban context (clause 58)
protects amenity
is 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.

Standards

Each objective contains a standard. 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.

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.

If a development meets standard A3, A4, A5, A6, A10, A11, A12, A13, A14, A15, A16, A17 or A20, it is deemed to meet the objective for that standard.

Where standard A3, A4, A5, A6, A10, A11, A12, A13, A14, A15, A16, A17 or A20 is met the decision guidelines for that standard do not apply to the application.

If a development meets standard B6, B7, B8, B17, B18, B19, B20, B21, B22, B27, B28, B30 or B32, it is deemed to meet the objective for that standard.

Where standard B6, B7, B8, B17, B18, B19, B20, B21, B22, B27, B28, B30 or B32 is met the decision guidelines for that standard do not apply to the application.

Decision guidelines

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 help council to decide if:

the objective will be met if the standard is met
the objective will be met if an alternative design solution is used

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.

Planning practice notes

The following practice notes help to explain the residential development provisions:

PPN15: Assessing an application for one or more dwellings in a residential zone

PPN16: Making an application for one or more dwellings in a residential zone

PPN27: Understanding the residential development standards (ResCode)

Neighbourhood character

Developments must respect neighbourhood character. The impact of every property, public place or piece of infrastructure when combined together determines the neighbourhood character.

Neighbourhood and site description

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

This must describe specified aspects of the site and its neighbourhood. Detailed information is set out in Planning Practice Note 43: Understanding neighbourhood character and Planning Practice Note 16: Making an application for a dwelling in a residential zone.

The description must be prepared to the council's satisfaction as it provides the basis for:

a design that meets the objectives of the planning scheme
council's assessment of the design.

If the description meets council’s requirements and is satisfactory:

council will inform you in writing and
continue to process your application.

If the 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.

Urban context report

If your application is 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.

The report must be provided to the council’s satisfaction as it provides the basis for:

a design that meets the objectives of the planning scheme
the council’s assessment of the design.

If the report meets council’s requirements and is satisfactory:

council will inform you in writing and
continue to process your application.

If the 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

The design response must accompany your application.

Many of the residential provisions 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.

Objectives and standards

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 to residential zones

Schedules apply to the Residential Growth, General Residential, Neighbourhood Residential, Mixed Use and Township zones.

The schedules can change the requirements of specified siting and design standards in clauses 54 and 55 of planning schemes. These changes affect the corresponding standards in the Victorian Building Regulations. The requirements of clause 58 cannot be changed.

Schedules may specify a mandatory maximum building height applying to a dwelling or residential building, or in the Mixed Use Zone applying to any building, or objectives to be achieved for the area.

They can also:

include additional application requirements
include additional local decision guidelines
specify a minimum subdivision area in the Neighbourhood Residential Zone
specify if the Minimum Garden Area Requirement applies in the General Residential Zone.

The clause 54 and 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.

Neighbourhood Character Overlay

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 is included in Planning Practice Note 91: Using the residential zones.

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

construct a building or carry out works – including all single dwellings, 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 clauses 54 and 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.

One dwelling on a lot

Clause 54 of all planning schemes applies to all single dwellings, including alterations and extensions, where the land is within one of 5 residential zones:

Residential Growth Zone
General Residential Zone
Neighbourhood Residential Zone
Mixed Use Zone
Township Zone.

Most new single dwellings and alterations or extensions to existing single dwellings don’t need a planning permit.

Single dwellings that require a planning permit under another provision in the planning scheme aren’t subject to the clause 54 provisions unless specified by a provision of the relevant planning scheme. They will be assessed against the residential development provisions through the building permit process.

Building permits and single dwellings

The development of a dwelling will require a building permit.

Two or more dwellings on a lot

Clause 55 of all planning schemes applies to the development of 2 or more dwellings on a lot and residential buildings up to and including 4 storeys and a planning permit is always required – see clause 73.03 Land Use Terms in planning schemes for definitions of a dwelling and a residential building.

Clause 55 does not apply to a development of five or more storeys.

When land is within the Residential Growth Zone, General Residential Zone, Neighbourhood Residential Zone, Mixed Use Zone or Township Zone, clause 55 applies to:

construction of a second dwelling if there is at least one dwelling existing on the lot
construction of two or more dwellings on a lot
extension of a dwelling if there are two or more dwellings on the lot
construction or extension of a dwelling on common property
construction or extension of a residential building.

Residential subdivision provisions

Clause 56 of the Victoria Planning Provisions applies to all planning schemes in Victoria and sets out the requirements for residential subdivision.

The clause 56 requirements are supported by complementary State Planning Policy and planning scheme provisions for subdivision, relevant zones and overlays and planning practice notes.

It applies to land in a

Residential Growth Zone
General Residential Zone
Neighbourhood Residential Zone
Mixed Use Zone
Township Zone
And Comprehensive Development Zone and Priority Development Zone that provides for residential development..

Each zone contains a table that sets out the objectives and standards of clause 56 to be met for each class of residential subdivision. The 4 classes are:

2 lots
3–15 lots
16–59 lots
60 or more lots.

A plan under a Development Plan Overlay or Incorporated Plan Overlay, that provides for residential subdivision in these zones must meet the specified requirements of clause 56.

More information about subdivision including sources of design assistance, technical publications, computer software and general information is available in the following practice notes:

Planning Practice Note 39: Using the integrated water management provisions of clause 56 – residential subdivision provides supporting technical information.

Planning Practice Note 40: Using clause 56 – residential subdivision explains how clause 56 operates, timing of meeting standards, subdivision site and context description and design response.

Planning Practice Note 41: Using the site management provisions of clause 56 – residential subdivision explains requirements to minimise risks of pollution, protect drainage infrastructure and reduce waste by encouraging use of recycled materials.

Learn more about subdivision.

Apartment developments

Clause 58 of all planning schemes applies to an apartment development if it is:

5 or more storeys, excluding a basement, and is in the General Residential Zone, Residential Growth Zone, Mixed Use Zone or Township Zone, or
in the Commercial 1 Zone, Commercial 3 Zone, Special Use Zone, Comprehensive Development Zone, Capital City Zone, Docklands Zone, Priority Development Zone or Activity Centre Zone.

Clause 58 applies if a zone or overlay specifies a requirement that is different from a requirement in clause 58 – excluding clause 58.04-1.

Better apartments design standards contain detailed information about the standards and operation of clause 58.

Sustainability

All new residential subdivisions and dwellings are required to meet environmental and sustainability performance measures .

Environmental performance requirements for all new housing apply under the building system. Building practitioner resources can be found at Victorian Building Authority.

More information is available at Sustainability Victoria.

Page last updated: 07/05/24

Residential development

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