In January 2024, Planning Scheme Amendment VC250 was introduced which created a provision at Clause 53.03 in all Planning Schemes prohibiting new gas connections. This provision applies to all new residential dwellings, apartments and subdivisions that require a planning permit. Clause 50.03 also requires mandatory clauses in a planning permit to ensure that no gas connections can be constructed after the development is completed.
This applies to all planning permit applications lodged after 1 January 2024. One year on from the implementation of Clause 53.03, CS Town Planning has seen this direction reinforced by VCAT. The following is an example in Krneta Pty Ltd v Monash CC [2024] VCAT 669 that stated:
Any new dwelling allowed by this permit must not be connected to a reticulated gas service (within the meaning of clause 53.03 of the relevant planning scheme). This condition continues to have force and effect after the development authorised by this permit has been completed.
Knowledge of what Clause 53,03 does and does not apply to is particularly relevant for those are considering a knock down and rebuild of an existing residential dwelling. If an existing residential dwelling is serviced by gas, once demolished the gas connection cannot be reinstated.
There are other circumstances where a gas connection can be maintained such as alteration or extension of an existing residential dwelling or the subdivision of land or a building to create lots containing an existing dwelling of an existing. If you want to maintain a gas connection, it is best to get advice prior to redevelopment or renovation of a residential dwelling.