When applying for a planning permit in Victoria, it’s important to consider the neighbourhood character standards. These standards are in place to ensure that any new developments or renovations are appropriate for the area and respect the existing character of the neighbourhood. By adhering to these standards, you can increase the likelihood of your planning application being approved.
Victoria’s neighbourhood character provisions can be found in the State Planning Policy Framework (SPPF), the Residential 1, 2, Mixed Use and Township Zones, the schedule to the residential zones, and Clauses 54, 55 and 56 of the planning scheme. These provisions require that any proposed development must be appropriate for the neighbourhood and site, respect the existing or preferred neighbourhood character, and respond to the features of the site.
The responsible authority must consider these standards before deciding on an application. This includes assessing whether the proposed design is appropriate for the neighbourhood and site, respects the existing or preferred neighbourhood character, and responds to the features of the site. In this article, we will explore the neighbourhood character standards in more detail and provide guidance on how to ensure that your planning application meets these standards.
Understanding Neighbourhood Character
When it comes to planning applications in Victoria, understanding neighbourhood character is crucial. Neighbourhood character refers to the combination of public and private spaces and infrastructure that define the look and feel of a neighbourhood. Every property, public space, and piece of infrastructure contributes to neighbourhood character, and it is the cumulative impact of all these elements that establishes it.
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When preparing a planning application, it is important to consider the existing neighbourhood character and the preferred neighbourhood character, which is the character that the local council would like to see in the future. Designing and siting new developments to respect neighbourhood character is a fundamental objective of the residential development provisions in planning schemes.
To ensure that new developments enhance the look and feel of a neighbourhood, it is important to refer to the Neighbourhood Character Guidelines when preparing a planning or subdivision permit application. The guidelines provide an overview of each neighbourhood’s characteristics, as well as recommended styles for the design of new developments.
It is important to keep in mind that neighbourhood character is not static and may change over time due to new social and economic conditions, changing housing preferences, and explicit housing policies. Therefore, an assessment of neighbourhood character will always depend on site-specific evaluations.
Planning Application Process
When you want to develop a property, you will need to apply for a planning permit. The Planning and Environment Act 1987 establishes the planning permit application process, which is regulated by planning schemes that vary from council to council. Even minor changes may need a planning permit, so it’s important to check with your local council’s planning department to see what requirements you need to meet.
There are two types of planning permits: standard and VicSmart. Standard permits are for more complex developments, while VicSmart permits are for simpler developments that meet specific criteria. To be classed as a VicSmart application, the proposal must be listed in the VicSmart classes of application, meet all the criteria, and be located in the specified zone, overlay, or particular provision.
When applying for a permit, you will need to provide a range of information, including a neighbourhood and site description, a design response, and how you will meet the neighbourhood character objectives and standards in the planning scheme. If you’re applying for a residential development, you should refer to the Neighbourhood Character Guidelines to ensure that your proposal respects and enhances the look and feel of the neighbourhood.
Once you have submitted your application, the council will assess it against the relevant planning scheme and other relevant policies and guidelines. The council may also consult with the community and other stakeholders to get their feedback on your proposal. If your application is approved, you will receive a planning permit that sets out the conditions you need to meet to carry out your development. If your application is refused, you can appeal the decision to the Victorian Civil and Administrative Tribunal (VCAT).
Clause 54 and 55 Standards
When submitting a planning application for residential development in Victoria, it is important to be aware of the standards set out in Clause 54 and 55 of the planning scheme. These standards provide a mandatory neighbourhood character objective and standard, which is the starting point for making and assessing all planning permit applications for residential development.
Clause 54 outlines the residential development provisions which are requirements that apply to one dwelling on a lot, the purpose of which is to achieve residential development that respects the existing or preferred neighbourhood character. The standards (requirements) that must be met by your application in order to satisfy the specified requirements Clause 54 include:
- A1 Neighbourhood character
- A2 Integration with the street
- A3 Street setback
- A4 Building height
- A5 Site coverage
- A6 Permeability
- A10 Side and rear setbacks
- A11 Walls on boundaries
Clause 55, on the other hand, outlines the residential development provisions which are requirements that apply to two or more dwellings on a lot or lots, the purpose of which is to achieve residential development that respects the existing or preferred neighbourhood character. The standards (requirements) that must be met by your application in order to satisfy the specified requirements Clause 55 include:
- B1 Neighbourhood character
- B2 Site layout
- B3 Building height
- B4 Site coverage
- B5 Permeability
- B6 Private open space
- B7 Solar access
- B8 Energy efficiency
- B9 Safety
- B10 Vehicle access and parking
- B11 Landscaping
It is important to note that satisfying the neighbourhood character standard is the first objective that must be met by a residential development. A residential development must meet the objectives and should meet the standards of the residential development provisions in clause 54 and clause 55 of the planning scheme.
In most cases, the application of Clauses 54 and 55 will be effective in respecting the existing neighbourhood character of an area without the need to supplement these standard provisions with additional local neighbourhood character provisions.
Development and Design Guidelines
When submitting a planning application in Victoria, it is important to adhere to the development and design guidelines set forth by the state government. These guidelines aim to ensure that new developments respect and enhance the existing character of the neighbourhood.
As an applicant, it is your responsibility to design and site new dwellings in a way that respects the neighbourhood character. This includes responding to the key features of the site and ensuring that the proposed design aligns with any relevant neighbourhood character objectives, policies, or statements set out in the planning scheme.
The decision guidelines for a planning application require the responsible authority to consider any relevant neighbourhood character objective, policy, or statement. This means that your proposed design must take into account the existing or preferred neighbourhood character and respond to the features of the site.
To help you understand the neighbourhood character of the area, it is recommended that you refer to the Neighbourhood Character Guidelines when preparing your planning or subdivision permit application. These guidelines provide an overview of each neighbourhood’s characteristics, as well as recommended styles for the design of a new development.
When designing your development, it is important to consider the following design response elements:
- Building height and setbacks
- Building materials and finishes
- Roof shapes and pitches
- Landscaping and open space
- Street frontage and access
Neighbourhood Character Overlay and Zones
When considering the neighbourhood character for your planning application in Victoria, it is important to understand the role of the Neighbourhood Character Overlay (NCO) and the different residential zones.
The NCO is a planning tool that identifies areas with distinctive neighbourhood character and sets out specific requirements for new development in those areas. The NCO is designed to ensure that new development respects the existing neighbourhood character or contributes to a preferred neighbourhood character.
The NCO includes specific objectives and standards that must be met when designing new developments. These include ensuring that the design responds to the features of the site and the surrounding area, and that the design response is appropriate to the neighbourhood and the site.
In addition to the NCO, there are different residential zones in Victoria that also have specific requirements for neighbourhood character. The Neighbourhood Residential Zone (NRZ) is designed to protect and enhance the existing neighbourhood character of low-density residential areas. The General Residential Zone (GRZ) is designed to accommodate a range of housing types and densities while maintaining the existing neighbourhood character. The Residential Growth Zone (RGZ) is designed to accommodate higher-density residential development in areas with good access to services and transport.
In the NRZ, the density or number of dwellings on a lot cannot be restricted unless special neighbourhood character, heritage, environmental or landscape attributes, or other constraints and hazards exist. In the GRZ and RGZ, the density of development is determined by the schedule to the zone, which sets out specific requirements for setbacks, building heights, and other design elements.
Role of Responsible Authority
In Victoria, the responsible authority is the organization that manages and enforces the planning laws for an area. Usually, this is the local council. The responsible authority plays an important role in most planning disputes at VCAT.
When it comes to neighborhood character standards for planning applications, the responsible authority has several important responsibilities. Firstly, it decides whether a planning permit application is approved or refused. Secondly, it must ensure that the proposed development meets the local neighborhood character objectives and standards set out in the planning scheme.
To achieve this, the responsible authority must consider any relevant neighborhood character objective, policy, or statement set out in the planning scheme, as well as the neighborhood and site description and the design response. The proposed design must respect the existing or preferred neighborhood character and respond to the features of the site.
If the responsible authority determines that a proposed development does not meet the neighborhood character standards, it may refuse the planning permit application. However, if the responsible authority approves a planning permit application that does not meet the neighborhood character standards, it may be subject to appeal at VCAT.
Site and Building Considerations
When applying for planning permission in Victoria, it is important to consider the site and building characteristics that will affect the neighborhood character. The following factors should be taken into account:
Site Description
The site description should include information about the size and shape of the lot, the orientation of the lot, and the topography of the land. This information will help you determine the best location for the building on the site.
Solar Access
Solar access is an important consideration when designing a building. You should ensure that the building is oriented to maximize solar access and minimize overshadowing of neighboring properties.
Neighbourhood and Site Description
The neighborhood and site description should include information about the surrounding area, such as the street layout, the style of neighboring buildings, and any significant landscape features. This information will help you determine the appropriate design response for the site.
Site Coverage
Site coverage is the area of the lot that is covered by buildings. You should ensure that the site coverage respects the existing or preferred neighborhood character and responds to the features of the site. The maximum site coverage should be specified in the planning scheme.
Private Open Space
Private open space is the outdoor area of the lot that is not covered by buildings. You should ensure that there is adequate private open space for residents, and that it is designed to be functional and attractive.
Maximum Site Coverage
The maximum site coverage should be specified in the planning scheme. You should ensure that the site coverage respects the existing or preferred neighborhood character and responds to the features of the site.
Pervious Surfaces
Pervious surfaces are surfaces that allow water to seep into the ground, such as grass, gravel, and permeable pavers. You should ensure that there are adequate pervious surfaces on the site to manage stormwater runoff and prevent flooding.
Residential Development Provisions
When applying for a planning permit for residential development in Victoria, you need to comply with the Residential Development Provisions, also known as ResCode. These provisions are applied through the planning permit or building permit systems and apply to various aspects of residential development, including the construction of new dwellings, alterations and extensions to existing dwellings, residential subdivisions, and apartment developments.
ResCode includes 13 standards that must be met when submitting a planning permit application. These standards are contained in Clauses 54 and 55 of the planning schemes and cover various aspects of the development, such as site coverage, height, setbacks, and landscaping.
One of the key aspects of ResCode is the requirement for side and rear setbacks. These setbacks ensure that there is adequate space between buildings, allowing for privacy and access to natural light. The minimum setback distance varies depending on the height and location of the building.
Another important aspect of ResCode is the requirement for walls on boundaries. These walls must be constructed to a certain standard to ensure that they are structurally sound and do not pose a risk to neighboring properties. The height and length of the walls are also regulated to ensure that they do not negatively impact the neighboring properties.
ResCode also addresses issues such as overlooking and overshadowing. These standards ensure that the development does not have a negative impact on the privacy and natural light of neighboring properties.
Building Regulations and Policies
When it comes to planning applications in Victoria, there are several building regulations and policies that you need to be aware of. These regulations and policies are in place to ensure that any new development meets the necessary standards and is in keeping with the existing neighborhood character.
One of the most important regulations is the Building Regulations 2018. These regulations set out the minimum standards for building work, including new residential developments. They cover everything from the structural integrity of the building to the fire safety measures that need to be in place.
In addition to the Building Regulations, there are also several policies that you need to be aware of. These policies are part of the Planning Policy Framework and are designed to ensure that any new development is in keeping with the character of the local area.
One of the key policies is the Neighbourhood Character Policy. This policy sets out the criteria for assessing the character of a neighborhood, including the built form, landscape, and streetscape. It also provides guidance on how to ensure that any new development is in keeping with the neighborhood character.
Another important policy is the Residential Development Policy. This policy sets out the requirements for new residential developments, including the minimum lot size, setback requirements, and maximum building height.
Specific Standards and Provisions
When applying for a planning permit in Victoria, it is important to adhere to the specific standards and provisions set out in the planning scheme. These standards and provisions are designed to ensure that any new development is in keeping with the existing neighbourhood character.
The specific standards and provisions that must be met will depend on the location of the proposed development. In general, the following entities are taken into consideration:
- Maximum building height
- Street setback
- Building height
For example, Clause 54 of the Victorian Planning Provisions (VPP) sets out the standards for residential development in neighbourhood character areas. These standards include requirements for building height, setbacks, and site coverage.
In addition to the VPP, local councils may have their own neighbourhood character provisions that must be considered when applying for a planning permit. These provisions may include specific design guidelines or requirements for materials and finishes.
When preparing a planning application, it is important to work closely with a qualified planning professional who can help ensure that all relevant standards and provisions are met. This will help to ensure that the application is successful and that the proposed development is in keeping with the existing neighbourhood character.
Additional Considerations
When applying for a planning permit in Victoria, it’s important to consider additional factors beyond the basic neighborhood character provisions. These factors include the impact of flues, pipes, heating, fascia, gutter, steps, landings, basement, sunblinds, shade sails, water tanks, cooling equipment, and retaining walls on the surrounding neighborhood character.
For example, if you are installing a new heating system, you should consider the impact of the flue or chimney on the visual appearance of the building and the surrounding area. This may require the installation of a flue that is visually compatible with the existing building and the surrounding neighborhood.
Similarly, if you are adding a new sunblind or shade sail to your property, you should consider the impact of the structure on the visual appearance of the building and the surrounding area. This may require the installation of a sunblind or shade sail that is visually compatible with the existing building and the surrounding neighborhood.
When installing a new water tank or cooling equipment, it’s important to consider the impact of the structure on the visual appearance of the building and the surrounding area. This may require the installation of a water tank or cooling equipment that is visually compatible with the existing building and the surrounding neighborhood.
In addition, if you are constructing a new retaining wall, you should consider the impact of the wall on the visual appearance of the building and the surrounding area. This may require the construction of a retaining wall that is visually compatible with the existing building and the surrounding neighborhood.
Frequently Asked Questions
What are the residential development standards in Victoria’s planning scheme?
Victoria’s planning scheme has specific standards for residential development. These standards are based on the neighbourhood character of the area, and they aim to ensure that new developments are in keeping with the existing character of the neighbourhood. The standards cover a range of factors, including building height, setbacks, and landscaping.
What is Clause 55 in ResCode?
Clause 55 is a provision in Victoria’s Residential Development Code (ResCode) that sets out the minimum standards for residential development. It covers a range of factors, including site coverage, setbacks, building height, and landscaping. Clause 55 is a mandatory requirement for all residential development applications in Victoria.
What are the overshadowing regulations in Victoria?
Victoria has specific regulations that govern overshadowing. These regulations are designed to ensure that new developments do not have an undue impact on the neighbouring properties. The regulations cover a range of factors, including the height of buildings, the angle of the sun, and the time of day.
What is the Neighbourhood character in Banyule?
The Neighbourhood Character in Banyule is a set of guidelines that aim to preserve and enhance the unique character of each neighbourhood in the area. The guidelines cover a range of factors, including building design, landscaping, and the use of materials. The Neighbourhood Character in Banyule is an important consideration for anyone looking to develop a property in the area.
What is the Planning Practice Note 43 about understanding Neighbourhood character?
Planning Practice Note 43 is a guide for applicants, the community, and councils about meeting the neighbourhood character objectives and standards when preparing or assessing a planning application. It provides information on how to assess the neighbourhood character of an area, and how to ensure that new developments are in keeping with the existing character of the neighbourhood.
What are the standards for A20 and B32 in planning applications?
The standards for A20 and B32 in planning applications are specific requirements that must be met in order to obtain planning permission for a development. A20 and B32 are clauses in Victoria’s planning scheme that cover a range of factors, including building height, setbacks, and landscaping. These standards are designed to ensure that new developments are in keeping with the existing character of the neighbourhood, and that they do not have an undue impact on neighbouring properties.
What’s Next
Understanding neighborhood character standards is essential when submitting a planning application in Victoria. This article has provided valuable insights into the regulations and considerations for maintaining neighborhood character.
If you have any questions or need further guidance regarding neighborhood character standards for planning applications in Victoria, don’t hesitate to contact SQM Architects. Their knowledgeable team can provide expert advice tailored to your specific project and requirements. Reach out to SQM Architects today to ensure your planning application aligns with neighborhood character standards and achieves a successful outcome.
How to gain professional insights for FREE, no strings attached
Unsure about your next building project? Get expert advice, no strings attached! Take advantage of our FREE consultation at SQM Architects. We’re here to answer your queries and bring clarity to your vision. With our transparent process and reputable track record, your project is in capable hands.
About the Author
Sammi Lian, the founder of SQM Architects, has dedicated over 15 years of her career to the architectural industry. She works diligently with property developers, builders, investors, and homeowners, using her skills and knowledge to facilitate their building design needs.