With Clause 55 implemented for 6 weeks, CS Town Planning has spoken to architects and developers who are revisiting proposed developments that previously did not receive approval. These projects have been found to either meet the new Clause 55 standards as is or require minor revisions to meet the standards. In one instance, a development was refused by Council and approved at VCAT with the removal of one townhouse to lower the site density. The original design has been found to meet the standards and will be resubmitted with approval expected.
When assessing a development for resubmission there are 13 standards that should be carefully considered to avoid the potential for third party appeal to VCAT. The applicable standards 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
These standards consist of existing and revised standards, that will have content that is familiar, and new standards. The new standards are:
B2-6 Access – New requirement to protect existing street trees by requiring the location of a vehicle crossover or accessway to not encroach the tree protection zone of any tree in a road by more than 10%.
B2-7 Tree Canopy – New tree canopy cover requirement of 10% site area up to 1000m2 and 20% of site area more than 1000m2.
B5-2 Overshadowing domestic solar energy systems – New ESD standard to protect existing rooftop solar from overshadowing.
If the above standards are not met, the applicant can demonstrate how the objective is met and Council can, if in agreement, issue a planning permit on this basis. However, this does provide the option for objectors to appeal the decision to VCAT.
As it is early days, CS Town Planning has continued to advise clients on the application of standards but is not aware of any decisions that have been made on applications that have been submitted under Clause 55.
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