Following the recent planning scheme amendments VC257 and VC267, the Minister for Planning has announced Amendment VC282, which introduces the new clause 54 (ResCode) into all Victorian Planning Schemes. This applies to applications for single dwellings and small second dwellings on lots of less than 300 square metres. The Amendment will streamline the planning process for these dwellings in a similar way to the changes made by Amendment VC267, which introduced 'deemed to comply' ResCode provisions for multiple dwelling development applications.
The changes will come into effect on 8 September 2025.
What is the new clause 54?
Clause 54 is part of Victorian Government's commitments to increase housing supply, under the National Housing Accord and Victoria's Housing Statement: The Decade Ahead 2024-2034.
To facilitate more efficient planning assessments and decisions, and thereby increase housing supply, a responsible authority deciding on an application where the new ResCode applies is exempt from considering any other matter or decision guideline in the planning scheme, including:
- the purposes of the relevant zone
- the decision guidelines in Clause 65 and certain matters under section 60 of the Planning and Environment Act 1987, including the objectives of planning in Victoria
- any significant effects on the environment or which the environment may have on the use or development or any significant social effects and economic effects the proposal may have.
Where the standards are met, a proposal is 'deemed to comply' with the relevant ResCode clause objective and is exempt from third-party notice and review rights. Such standards include those in relation to street setback, building height, side and rear setbacks, walls on boundaries, site coverage, tree canopy, overshadowing and overlooking.
Councils retain a discretion to modify some of the standards via a schedule to a zone or overlay. However, the ability for councils to specify local variations in Clause 54 standards for permeability, side and rear setbacks, and walls on boundaries has been removed and local variations for street setback, private open space and site coverage have been restricted so that they only apply where they are more permissive than the proposed new state standards.
Additionally, applications for one dwelling and small second dwellings that meet applicable neighbourhood character and amenity impact standards are exempt from review.
As with the changes made by Amendment VC267, neighbourhood character is no longer a ResCode standard in itself.
New ResCode standards
The new ResCode standards for single dwellings and small second dwellings reflect those that apply under Clause 55 to multiple dwelling applications. A single dwelling will be 'deemed to comply' with ResCode by meeting many of the same metrics that a multi-dwelling development must meet. Thus, for a modestly sized single dwelling, it appears the new ResCode will make it easier for such applications to sail through as 'deemed to comply' than it does for multiple dwelling applications.
While this approach makes sense for what should be uncontroversial planning applications, it is also somewhat antithetical to the objectives of Victoria's Housing Statement, whichseeks to increase housing supply.
One significant difference between the new ResCode that applies under Clause 54 (single dwelling) and Clause 55 (multiple dwellings) is the tree canopy standards. Clause 55 is based on tree canopy coverage at maturity as a percentage of site area, whereas Clause 54 requires a specific number of trees for a given site area, making the requirement less onerous than Clause 55.
Similarly, the new Clause 54 standard in relation to permeability is less demanding than under Clause 55.
Additionally, several standards that apply to multiple dwelling development applications do not apply to single dwellings or small second dwellings under the new ResCode, such as in respect of waste and recycling, and noise impacts of mechanical plant.
Implications for property developers and land owners
The new 'deemed to comply' ResCode regime for single dwellings and small second dwellings is equivalent to, or less onerous than, the standards that apply to multiple dwelling applications. Taking advantage of the new 'deemed to comply' ResCode should make planning permits for single dwellings and small second dwellings easier and more efficient, while avoiding third-party objector delays.
With neighbourhood character switched off as a consideration, we expect to see, for example, an increase in pre-fabricated dwelling stock on lots of less than 300 metres square.
If you have any questions or would like to discuss your planning applications, please get in touch with us here.
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