With the revision of Clause 55 in place it’s an opportunity for developers and investors to adjust plans that may not have been supported by Council or that were in the design pipeline before the revisions came into effect. Clients of CS Town Planning that were at various stages from early design conception to application submission are now in a position where applications for the development of two or more dwellings on a lot and residential buildings up to and including three storeys, are being assessed under the revised standards.
For most, the objective is to gain benefit from the investment that has already been made by revising plans to comply with the Clause 55 standards, which will make the approval process more efficient and predictable. It will also reduce the approval timeframe which currently sits at an average of 153 calendar days (5 months) in Victoria.
When reassessing a development, the critical provisions to consider are those that could either remove the option for third party appeal or leave the door open. These provisions are:
- 55.02 – All Neighbourhood character standards (street setback, building height, side and rear setback, walls on boundaries, site coverage, access, tree canopy, front fence)
- 55.04-1 – Daylight to existing windows
- 55.04-2 – Existing north-facing windows
- 55.04-3 – Overshadowing secluded open space
- 55.04-4 – Overlooking
- 55.05-2 – Overshadowing domestic solar energy systems
In the above provisions, if the standards are met Council will issue a permit and third party appeal to VCAT is not available. If the standards are not met there is the ability to demonstrate that the objective of the provision has been met. If Council agrees and is prepared to issue a permit on this basis, third party appeal rights are available.
The sleepers are, if there are particular provisions or overlays that apply to the property outside of Clause 55, third party appeal rights are available.
For those that have had applications denied or were in the pre-application/application process when revisions to Clause 55 came into effect, there is benefit in revising plans if minor revisions can be made that comply with the standards.
CS Town Planning is continually monitoring revisions to planning policy and advising clients on how to obtain planning permission.g policy amendments and advise clients accordingly.
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