Whitehorse PS All Ordinance

Whitehorse Planning Scheme
PLANNING SCHEME
Planning scheme last updated by VC261 on 04/04/2024

WHITEHORSE PLANNING SCHEME
00 PURPOSE AND VISION

31/07/2018
VC148 This section sets out the purpose of this planning scheme, and the vision and strategic direction
for the municipality.
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01 PURPOSES OF THIS PLANNING SCHEME

10/06/2022
VC216 To provide a clear and consistent framework within which decisions about the use and
development of land can be made.
To express state, regional, local and community expectations for areas and land uses.
To provide for the implementation of State, regional and local policies affecting land use and
development.
To support responses to climate change.
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10 PLANNING POLICY FRAMEWORK

31/07/2018
VC148
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11 SETTLEMENT
10/06/2022
VC216 Planning is to anticipate and respond to the needs of existing and future communities through
provision of zoned and serviced land for housing, employment, recreation and open space,
commercial and community facilities and infrastructure.
Planning is to recognise the need for, and as far as practicable contribute towards:
Health, wellbeing and safety.
Diversity of choice.
Adaptation in response to changing technology.
Economic viability.
A high standard of environmental sustainability, urban design and amenity.
Climate change adaptation and mitigation.
Prevention of land, water, air and noise pollution.
Protecting, conserving and improving biodiversity, waterways and other natural resources.
Accessibility.
Land use and transport integration.
Waste minimisation and resource recovery.
Planning is to prevent environmental, human health and amenity problems created by siting
incompatible land uses close together.
Planning is to facilitate sustainable development that takes full advantage of existing settlement
patterns and investment in transport, utility, social, community and commercial infrastructure and
services.
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11.01 VICTORIA
31/07/2018
VC148
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11.01-1S Settlement
10/06/2022
VC216
Objective
To facilitate the sustainable growth and development of Victoria and deliver choice and opportunity
for all Victorians through a network of settlements.
Strategies
Develop sustainable communities through a settlement framework offering convenient access to
jobs, services, infrastructure and community facilities.
Focus investment and growth in places of state signi昀椀cance in Metropolitan Melbourne and the
major regional cities of Ballarat, Bendigo, Geelong, Horsham, Latrobe City, Mildura, Shepparton,
Wangaratta, Warrnambool and Wodonga.
Support sustainable development of the regional centres of Ararat, Bacchus Marsh, Bairnsdale,
Benalla, Castlemaine, Colac, Echuca, Gisborne, Hamilton, Kyneton, Leongatha, Maryborough,
Portland, Sale, Swan Hill, Warragul/Drouin and Wonthaggi.
Ensure regions and their settlements are planned in accordance with their relevant regional growth
plan.
Guide the structure, functioning and character of each settlement taking into account municipal
and regional contexts and frameworks.
Create and reinforce settlement boundaries.
Provide for growth in population and development of facilities and services across a regional or
sub-regional network.
Plan for development and investment opportunities along existing and planned transport
infrastructure.
Promote transport, communications and economic linkages between settlements through the
identi昀椀cation of servicing priorities in regional land use plans.
Strengthen transport links on national networks for the movement of commodities.
Deliver networks of high-quality integrated settlements that have a strong identity and sense of
place, are prosperous and are sustainable by:
Building on strengths and capabilities of each region across Victoria to respond sustainably to
population growth and changing environments.
Developing settlements that will support resilient communities and their ability to adapt and
change.
Balancing strategic objectives to achieve improved land use and development outcomes at a
regional, catchment and local level.
Preserving and protecting features of rural land and natural resources and features to enhance
their contribution to settlements and landscapes.
Encouraging an integrated planning response between settlements in regions and in adjoining
regions and states in accordance with the relevant regional growth plan.
Providing for appropriately located supplies of residential, commercial, and industrial land
across a region, suf昀椀cient to meet community needs in accordance with the relevant regional
growth plan.
Improving transport network connections in and between regional cities, towns and Melbourne.
Integrating the management of water resources into the urban environment in a way that supports
water security, public health, environment and amenity outcomes.
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Minimising exposure to natural hazards, including increased risks due to climate change.
Contributing to net zero greenhouse gas emissions through renewable energy infrastructure
and energy ef昀椀cient urban layout and urban design.
Encourage a form and density of settlements that supports healthy, active and sustainable transport.
Limit urban sprawl and direct growth into existing settlements.
Promote and capitalise on opportunities for urban renewal and in昀椀ll redevelopment.
Develop compact urban areas that are based around existing or planned activity centres to maximise
accessibility to facilities and services.
Ensure retail, of昀椀ce-based employment, community facilities and services are concentrated in
central locations.
Ensure land that may be required for future urban expansion is not compromised.
Support metropolitan and regional climate change adaption and mitigation measures.
Policy documents
Consider as relevant:
Central Highlands Regional Growth Plan (Victorian Government, 2014)
G21 Regional Growth Plan (Geelong Region Alliance, 2013)
Gippsland Regional Growth Plan (Victorian Government, 2014)
Great South Coast Regional Growth Plan (Victorian Government, 2014)
Hume Regional Growth Plan (Victorian Government, 2014)
Loddon Mallee North Regional Growth Plan (Victorian Government, 2014)
Loddon Mallee South Regional Growth Plan (Victorian Government, 2014)
Wimmera Southern Mallee Regional Growth Plan (Victorian Government, 2014)
Plan Melbourne 2017-2050: Metropolitan Planning Strategy (Department of Environment,
Land, Water and Planning, 2017)
Plan Melbourne 2017-2050: Addendum 2019 (Department of Environment, Land, Water and
Planning, 2019)
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Victoria Settlement Framework
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11.01-1R Settlement - Metropolitan Melbourne

11/02/2020
VC168
Strategies
Maintain a permanent urban growth boundary around Melbourne to create a more consolidated,
sustainable city and protect the values of non-urban land.
Focus investment and growth in places of state signi昀椀cance, including:
Metropolitan Melbourne Central City.
National Employment and Innovation Clusters.
Metropolitan Activity Centres.
State-Signi昀椀cant Industrial Precincts.
Transport Gateways.
Health and Education Precincts.
Major Urban-Renewal Precincts.
Develop the Suburban Rail Loop through Melbourne's middle suburbs to facilitate substantial
growth and change in major employment, health and education precincts and activity centres
beyond the central city at an appropriate scale to address the needs of Melbourne's rapidly growing
population.
Develop a network of activity centres linked by transport; consisting of Metropolitan Activity
Centres supported by a network of vibrant major and neighbourhood activity centres of varying
size, role and function.
Create mixed-use neighbourhoods at varying densities, including through the development of
urban-renewal precincts, that offer more choice in housing, create jobs and opportunities for local
businesses and deliver better access to services and facilities.
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Melbourne 2050 spatial framework
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11.01-1R Green wedges - Metropolitan Melbourne

31/07/2018
VC148
Objective
To protect the green wedges of Metropolitan Melbourne from inappropriate development.
Strategies
Promote and encourage the key features and related values of each green wedge area.
Support development in the green wedge that provides for environmental, economic and social
bene昀椀ts.
Consolidate new residential development in existing settlements and in locations where planned
services are available and green wedge values are protected.
Plan and protect major state infrastructure and resource assets, such as airports and ports with their
associated access corridors, water supply dams, water catchments and waste management and
recycling facilities.
Protect important productive agricultural areas such as Werribee South, the Maribyrnong River
昀氀ats, the Yarra Valley, Westernport and the Mornington Peninsula.
Support existing and potential agribusiness activities, forestry, food production and tourism.
Protect areas of environmental, landscape and scenic value such as biodiversity assets, national
and state parks, Ramsar wetlands and coastal areas.
Protect signi昀椀cant resources of stone, sand and other mineral resources for extraction purposes.
Provide opportunities for renewable energy generation.
Policy documents
Upper Yarra Valley and Dandenong Ranges Region - Regional Strategy Plan (1996)
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11.02 MANAGING GROWTH

31/07/2018
VC148
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11.02-1S Supply of urban land

03/03/2023
VC215
Objective
To ensure a suf昀椀cient supply of land is available for residential, commercial, retail, industrial,
recreational, institutional and other community uses.
Strategies
Ensure the ongoing provision of land and supporting infrastructure to support sustainable urban
development.
Ensure that suf昀椀cient land is available to meet forecast demand.
Plan to accommodate projected population growth over at least a 15 year period and provide clear
direction on locations where growth should occur. Residential land supply will be considered on
a municipal basis, rather than a town-by-town basis.
Planning for urban growth should consider:
Opportunities for the consolidation, redevelopment and intensi昀椀cation of existing urban areas.
Neighbourhood character and landscape considerations.
The limits of land capability and natural hazards and environmental quality.
Service limitations and the costs of providing infrastructure.
Monitor development trends and land supply and demand for housing and industry.
Maintain access to productive natural resources and an adequate supply of well-located land for
energy generation, infrastructure and industry.
Restrict rural residential development that would compromise future development at higher
densities.
Policy guidelines
Victorian Government population projections and land supply estimates.
Policy documents
Melbourne Industrial and Commercial Land Use Plan (Department of Environment, Land,
Water and Planning, 2020)
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11.02-2S Structure planning

10/06/2022
VC216
Objective
To facilitate the fair, orderly, economic and sustainable use and development of urban areas.
Strategies
Ensure effective planning and management of the land use and development of an area through
the preparation of relevant plans.
Undertake comprehensive planning for new areas as sustainable communities that offer high-quality,
frequent and safe local and regional public transport and a range of local activities for living,
working and recreation.
Undertake the preparation of a hierarchy of structure plans or precinct structure plans that:
Address the strategic and physical context of the location, including increased physical risks
associated with climate change.
Provide the broad planning framework for an area as well as the more detailed planning
requirements for neighbourhoods and precincts, where appropriate.
Provide for the development of sustainable and liveable urban areas in an integrated manner
informed by the 17 United Nations Sustainable Development Goals as relevant.
Protect and enhance areas of natural and cultural signi昀椀cance.
Assist the development of walkable neighbourhoods.
Facilitate the use of active and sustainable transport modes.
Facilitate the logical and ef昀椀cient provision of infrastructure.
Facilitate the use of existing infrastructure and services.
Encourage renewable energy generation, storage and distribution.
Incorporate integrated water management and urban greening.
Policy document
Precinct Structure Planning Guidelines (Victorian Planning Authority, 2021).
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11.02-3S Sequencing of development

04/05/2022
VC210
Objective
To manage the sequence of development in areas of growth so that services are available from
early in the life of new communities.
Strategies
De昀椀ne preferred development sequences in areas of growth to better coordinate infrastructure
planning and funding.
Ensure that new land is released in areas of growth in a timely fashion to facilitate coordinated
and cost-ef昀椀cient provision of local and regional infrastructure.
Require new development to make a 昀椀nancial contribution to the provision of infrastructure such
as community facilities, public transport and roads.
Improve the coordination and timing of infrastructure and service delivery in areas of growth.
Support opportunities to co-locate facilities.
Ensure that planning for water supply, sewerage and drainage works receives high priority in early
planning for areas of growth.
Policy documents
Any applicable Growth Area Framework Plans (Department of Sustainability and Environment,
2006)
Precinct Structure Planning Guidelines (Victorian Planning Authority, 2021)
Ministerial Direction No. 12 – Urban Growth Areas
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11.03 PLANNING FOR PLACES

31/07/2018
VC148
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11.03-1S Activity centres

03/02/2022
VC199
Objective
To encourage the concentration of major retail, residential, commercial, administrative,
entertainment and cultural developments into activity centres that are highly accessible to the
community.
Strategies
Build up activity centres as a focus for high-quality development, activity and living by developing
a network of activity centres that:
Comprises a range of centres that differ in size and function.
Is a focus for business, shopping, working, leisure and community facilities.
Provides different types of housing, including forms of higher density housing.
Is connected by transport.
Maximises choices in services, employment and social interaction.
Support the role and function of each centre in the context of its classi昀椀cation, the policies for
housing intensi昀椀cation, and development of the public transport network.
Undertake strategic planning for the use and development of land in and around activity centres.
Give clear direction on preferred locations for investment.
Encourage a diversity of housing types at higher densities in and around activity centres.
Reduce the number of private motorised trips by concentrating activities that generate high numbers
of (non-freight) trips in highly accessible activity centres.
Improve access by walking, cycling and public transport to services and facilities.
Support the continued growth and diversi昀椀cation of activity centres to give communities access
to a wide range of goods and services, provide local employment and support local economies.
Encourage economic activity and business synergies.
Improve the social, economic and environmental performance and amenity of activity centres.
Policy documents
Urban Design Guidelines for Victoria (Department of Environment, Land, Water and Planning,
2017)
Apartment Design Guidelines for Victoria (Department of Environment, Land, Water and
Planning, 2021)
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11.03-1R Activity centres - Metropolitan Melbourne

31/07/2018
VC148
Strategies
Support the development and growth of Metropolitan Activity Centres by ensuring they:
Are able to accommodate signi昀椀cant growth for a broad range of land uses.
Are supported with appropriate infrastructure.
Are hubs for public transport services.
Offer good connectivity for a regional catchment.
Provide high levels of amenity.
Locate signi昀椀cant new education, justice, community, administrative and health facilities that
attract users from large geographic areas in or on the edge of Metropolitan Activity Centres or
Major Activity Centres with good public transport.
Locate new small scale education, health and community facilities that meet local needs in or
around Neighbourhood Activity Centres.
Ensure Neighbourhood Activity Centres are located within convenient walking distance in the
design of new subdivisions.
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11.03-2S Growth areas

04/05/2022
VC210
Objective
To locate urban growth close to transport corridors and services and provide ef昀椀cient and effective
infrastructure to create sustainability bene昀椀ts while protecting primary production, major sources
of raw materials and valued environmental areas.
Strategies
Concentrate urban expansion into growth areas that are served by high-capacity public transport.
Implement the strategic directions in the Growth Area Framework Plans.
Encourage average overall residential densities in the growth areas of a minimum of 15 dwellings
per net developable hectare, and over time, seek an overall increase in residential densities to more
than 20 dwellings per net developable hectare.
Deliver timely and adequate provision of public transport and local and regional infrastructure and
services, in line with a preferred sequence of land release.
Provide for signi昀椀cant amounts of local employment opportunities and in some areas, provide
large scale industrial or other more regional employment generators.
Create a network of mixed-use activity centres that are high quality, well designed and create a
sense of place.
Provide a diversity of housing type and distribution.
Retain unique characteristics of established areas impacted by growth.
Protect and manage natural resources and areas of heritage, cultural and environmental signi昀椀cance.
Create well planned, easy to maintain and safe streets and neighbourhoods that reduce opportunities
for crime, improve perceptions of safety and increase levels of community participation.
Develop Growth Area Framework Plans that will:
Include objectives for each growth area.
Identify the long term pattern of urban growth.
Identify the location of broad urban development types, for example activity centre, residential,
employment, freight centres and mixed use employment.
Identify the boundaries of individual communities, landscape values and, as appropriate, the
need for discrete urban breaks and how land uses in these breaks will be managed.
Identify transport networks and options for investigation, such as future railway lines and
stations, freight activity centres, freeways and arterial roads.
Identify the location of open space to be retained for recreation, and/or biodiversity protection
and/or 昀氀ood risk reduction purposes guided and directed by regional biodiversity conservation
strategies.
Show signi昀椀cant waterways as opportunities for creating linear trails, along with areas required
to be retained for biodiversity protection and/or 昀氀ood risk reduction purposes.
Identify appropriate uses for constrained areas, including quarry buffers.
Develop precinct structure plans consistent with the Precinct Structure Planning Guidelines
(Victorian Planning Authority, 2021) approved by the Minister for Planning to:
Establish a sense of place and community.
Create greater housing choice, diversity and affordable places to live.
Create highly accessible and vibrant activity centres.
Provide for local employment and business activity.
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Provide better transport choices.

Respond to climate change and increase environmental sustainability.
Deliver accessible, integrated and adaptable community infrastructure.
Policy documents
Any applicable Growth Area Framework Plans (Department of Sustainability and Environment,
2006)
Ministerial Direction No. 12 – Urban Growth Areas
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11.03-3S Peri-urban areas

31/07/2018
VC148
Objective
To manage growth in peri-urban areas to protect and enhance their identi昀椀ed valued attributes.
Strategies
Identify and protect areas that are strategically important for the environment, biodiversity,
landscape, open space, water, agriculture, energy, recreation, tourism, environment, cultural
heritage, infrastructure, extractive and other natural resources.
Provide for development in established settlements that have capacity for growth having regard
to complex ecosystems, landscapes, agricultural and recreational activities including in
Warragul-Drouin, Bacchus Marsh, Torquay-Jan Juc, Gisborne, Kyneton, Wonthaggi, Kilmore,
Broadford, Seymour and Ballan and other towns identi昀椀ed by Regional Growth Plans as having
potential for growth.
Establish growth boundaries for peri-urban towns to avoid urban sprawl and protect agricultural
land and environmental assets.
Enhance the character, identity, attractiveness and amenity of peri-urban towns.
Prevent dispersed settlement and provide for non-urban breaks between urban areas.
Ensure development is linked to the timely and viable provision of physical and social infrastructure.
Improve connections to regional and metropolitan transport services.
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11.03-4S Coastal settlement

20/03/2023
VC229
Objective
To plan for sustainable coastal development.
Strategies
Plan and manage coastal population growth and increased visitation so that impacts do not cause
unsustainable use of coastal resources.
Support a network of diverse coastal settlements that provide for a broad range of housing types,
economic opportunities and services.
Identify a clear settlement boundary around coastal settlements to ensure that growth in coastal
areas is planned and coastal values are protected. Where no settlement boundary is identi昀椀ed, the
extent of a settlement is de昀椀ned by the extent of existing urban zoned land and any land identi昀椀ed
on a plan in the planning scheme for future urban settlement.
Minimise linear urban sprawl along the coastal edge and ribbon development in rural landscapes.
Protect areas between settlements for non-urban use.
Limit development in identi昀椀ed coastal hazard areas, on ridgelines, primary coastal dune systems,
shorelines of estuaries, wetlands and low-lying coastal areas, or where coastal processes may be
detrimentally impacted.
Encourage the restructure of old and inappropriate subdivisions to reduce development impacts
on the environment.
Ensure a sustainable water supply, stormwater management and sewerage treatment for all
development.
Minimise the quantity and enhance the quality of stormwater discharge from new development
into the ocean, bays and estuaries.
Prevent the development of new residential canal estates.
Policy documents
G21 Regional Growth Plan (Geelong Region Alliance, 2013)
Gippsland Regional Growth Plan (Victorian Government, 2014)
Great South Coast Regional Growth Plan (Victorian Government, 2014)
Marine and Coastal Policy (Department of Environment, Land, Water and Planning, 2020)
Marine and Coastal Strategy (Department of Environment, Land, Water and Planning, 2022)
Siting and Design Guidelines for Structures on the Victorian Coast (Department of Environment,
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11.03-5S Distinctive areas and landscapes

30/04/2021
VC185
Objective
To recognise the importance of distinctive areas and landscapes to the people of Victoria and
protect and enhance the valued attributes of identi昀椀ed or declared distinctive areas and landscapes.
Strategies
Recognise the unique features and special characteristics of these areas and landscapes.
Implement the strategic directions of approved Localised Planning Statements and Statements of
Planning Policy.
Integrate policy development, implementation and decision-making for declared areas under
Statements of Planning policy.
Recognise the important role these areas play in the state as tourist destinations.
Protect the identi昀椀ed key values and activities of these areas.
Enhance conservation of the environment, including the unique habitats, ecosystems and biodiversity
of these areas.
Support use and development where it enhances the valued characteristics of these areas.
Avoid use and development that could undermine the long-term natural or non-urban use of land
in these areas.
Protect areas that are important for food production.
Policy documents
Bellarine Peninsula Localised Planning Statement (Victorian Government, 2015)
Macedon Ranges Statement of Planning Policy (Victorian Government, 2019)
Mornington Peninsula Localised Planning Statement (Victorian Government, 2014)
Yarra Ranges Localised Planning Statement (Victorian Government, 2017)
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11.03-6S Regional and local places

31/07/2018
VC148
Objective
To facilitate integrated place-based planning.
Strategies
Integrate relevant planning considerations to provide speci昀椀c direction for the planning of sites,
places, neighbourhoods and towns.
Consider the distinctive characteristics and needs of regional and local places in planning for future
land use and development.
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12 ENVIRONMENTAL AND LANDSCAPE VALUES

10/06/2022
VC216 Planning should help to protect the health of ecological systems and the biodiversity they support
(including ecosystems, habitats, species and genetic diversity) and conserve areas with identi昀椀ed
environmental and landscape values.
Planning must implement environmental principles for ecologically sustainable development that
have been established by international and national agreements. Foremost amongst the national
agreements is the Intergovernmental Agreement on the Environment, which sets out key principles
for environmental policy in Australia. Other agreements include the National Strategy for
Ecologically Sustainable Development, National Greenhouse Strategy, the National Water Quality
Management Strategy, Australia's Strategy for Nature 2019-2030, the National Forest Policy
Statement and National Environment Protection Measures.
Planning should protect, restore and enhance sites and features of nature conservation, biodiversity,
geological or landscape value.
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12.01 BIODIVERSITY
31/07/2018
VC148
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12.01-1S Protection of biodiversity

20/03/2023
VC229
Objective
To protect and enhance Victoria’s biodiversity.
Strategies
Use biodiversity information to identify important areas of biodiversity, including key habitat for
rare or threatened species and communities, and strategically valuable biodiversity sites.
Strategically plan for the protection and conservation of Victoria’s important areas of biodiversity.
Ensure that decision making takes into account the impacts of land use and development on
Victoria’s biodiversity, including consideration of:
Cumulative impacts.
Fragmentation of habitat.
The spread of pest plants, animals and pathogens into natural ecosystems.
Avoid impacts of land use and development on important areas of biodiversity.
Consider impacts of any change in land use or development that may affect the biodiversity value
of national parks and conservation reserves or nationally and internationally signi昀椀cant sites;
including wetlands and wetland wildlife habitat designated under the Convention on Wetlands of
International Importance (the Ramsar Convention) and sites utilised by species listed under the
Japan-Australia Migratory Birds Agreement (JAMBA), the China-Australia Migratory Birds
Agreement (CAMBA), or the Republic of Korea-Australia Migratory Bird Agreement
(ROKAMBA).
Assist in the identi昀椀cation, protection and management of important areas of biodiversity.
Assist in the establishment, protection and re-establishment of links between important areas of
biodiversity, including through a network of green spaces and large-scale native vegetation corridor
projects.
Support land use and development that contributes to protecting and enhancing habitat for
indigenous plants and animals in urban areas.
Policy guidelines
State biodiversity information maintained by the Department of Energy, Environment and
Climate Action.
Policy documents
Any applicable biodiversity strategies, including the relevant Regional Catchment Strategy
(prepared under Part 4 of the Catchment and Land Protection Act 1994)
Biodiversity Conservation Strategy for Melbourne's Growth Corridors (Department of
Environment and Primary Industries, 2013)
Guidelines for the removal, destruction or lopping of native vegetation (Department of
Environment, Land, Water and Planning, 2017)
Protecting Victoria’s Environment – Biodiversity 2037 (Department of Environment, Land,
Victorian Waterway Management Strategy (Department of Environment and Primary Industries,
2013)
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12.01-2S Native vegetation management

20/03/2023
VC229
Objective
To ensure that there is no net loss to biodiversity as a result of the removal, destruction or lopping
of native vegetation.
Strategies
Ensure decisions that involve, or will lead to, the removal, destruction or lopping of native
vegetation, apply the three-step approach in accordance with the Guidelines for the removal,
destruction or lopping of native vegetation (Department of Environment, Land, Water and Planning,
2017):
Avoid the removal, destruction or lopping of native vegetation.
Minimise impacts from the removal, destruction or lopping of native vegetation that cannot be
avoided.
Provide an offset to compensate for the biodiversity impact from the removal, destruction or
lopping of native vegetation.
Policy guidelines
State biodiversity information maintained by the Department of Energy, Environment and
Climate Action.
Policy documents
Guidelines for the removal, destruction or lopping of native vegetation (Department of
Assessor’s handbook – applications to remove, destroy or lop native vegetation (Department
of Environment, Land, Water and Planning, 2017)
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12.02 MARINE AND COASTAL ENVIRONMENT

06/09/2021
VC171
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12.02-1S Protection of the marine and coastal environment

20/03/2023
VC229
Objective
To protect and enhance the marine and coastal environment.
Strategies
Manage privately-owned foreshore consistently with the adjoining public land.
Protect coastal and foreshore environments and improve public access and recreation facilities
around Port Phillip Bay and Western Port by focusing development in areas already developed or
in areas that can tolerate more intensive use.
Enhance the ecological values of the ecosystems in the marine and coastal environment.
Protect and enhance the overall extent and condition of native habitats and species diversity
distributions across public and private land in the marine and coastal environment.
Encourage revegetation of cleared land abutting coastal reserves.
Minimise direct, cumulative and synergistic effects on ecosystems and habitats.
Maintain the natural drainage patterns, water quality and biodiversity in and adjacent to coastal
estuaries, wetlands and waterways.
Maintain and enhance water and soil quality by minimising disturbance of sediments.
Avoid disturbance of coastal acid sulfate soils.
Protect and enhance natural features, landscapes, seascapes and public visual corridors.
Plan for marine development and infrastructure to be sensitive to marine national parks and
environmental assets.
Protect the heritage values, the aesthetic quality of locations, cultural links with maritime activities,
sea country and sense of place.
Policy guidelines
Any applicable Regional and Strategic Partnership Product, environmental management plan
or coastal and marine management plan approved under the Marine and Coastal Act 2018 or
National Parks Act 1975
Policy documents
Coastal Spaces Landscape Assessment Study (Department of Sustainability and Environment,
2006)
Victorian Best Practice Guidelines for Assessing and Managing Coastal Acid Sulfate
Soils (Department of Environment, Land, Water and Planning, 2010)
Victorian Coastal Acid Sulfate Soils Strategy (Department of Sustainability and Environment,
2009)
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12.02-2S Marine and coastal Crown land

20/03/2023
VC229
Objective
To ensure the use and development of marine and coastal Crown land is ecologically sustainable,
minimises impacts on cultural and environmental values, and improves public bene昀椀t for current
and future generations.
Strategies
Design, locate and maintain buildings and structures to effectively manage:
Any increase in exposure to coastal hazard risk, including rates of sea level rise,
erosion, accretion or inundation.
Exposure to public health and safety risks.
Any detrimental impacts (in particular increased hazard risk) on neighbouring Crown or private
land.
Adverse effects on the environment and associated uses and values.
Impact on marine and coastal functions and processes.
Ensure the siting and design of development on marine and coastal Crown land:
Facilitates shared infrastructure and the use of land for more than one use.
Uses materials and 昀椀nishes that are sympathetic to the coastal environment.
Is durable in the long term.
Minimises the environmental footprint.
Ensures that use and development on or adjacent to marine and coastal Crown land:
Maintains safe, equitable public access.
Improves public bene昀椀t.
Demonstrates need and has a coastal dependency.
Minimises loss of public open space.
Policy guidelines
Any applicable Victorian Environmental Assessment Council recommendations
The purpose for which land is reserved under the Crown Land (Reserves) Act 1978
Any relevant environmental management plan or coastal and marine management plan approved
under the Marine and Coastal Act 2018 or National Parks Act 1975
Policy documents
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12.03 WATER BODIES AND WETLANDS

31/07/2018
VC148
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12.03-1S River and riparian corridors, waterways, lakes, wetlands and billabongs
16/12/2022
VC201
Objective
To protect and enhance waterway systems including river and riparian corridors, waterways, lakes,
wetlands and billabongs.
Strategies
Protect the environmental, cultural, landscape values of all waterway systems as signi昀椀cant
economic, environmental and cultural assets.
Conserve waterway systems and the landscapes and environmental values surrounding them by
protecting ecological values, indigenous vegetation, terrestrial and aquatic habitats and encouraging
biodiversity.
Sensitively design and site development to maintain and enhance the waterway system and the
surrounding landscape setting, environmental assets, and ecological and hydrological systems.
Address the impacts of use and development on drought and 昀氀ooding events at a catchment and
site scale to protect the health and natural function of waterway systems and their surrounding
landscape and environment.
Protect geomorphology, bank stability and 昀氀ood management capacity to strengthen the
environmental value and health of waterway systems by:
Retaining, enhancing and re-establishing indigenous riparian vegetation along waterway systems,
ensuring it responds to the bush昀椀re risk of a location.
Enhancing and re-establishing both terrestrial and aquatic habitats and their linkages along and
surrounding waterway systems.
Limiting earthworks in proximity to waterway systems to minimise alterations to
geomorphology, natural drainage, natural 昀氀ows and water quality.
Facilitating the restoration of waterway systems through the removal of weeds, invasive species
and pests.
Enhance a sense of place and landscape identity by:
Conserving areas of identi昀椀ed Victorian Aboriginal cultural heritage signi昀椀cance relating to
waterway systems.
Retaining and re-establishing vegetation, including grasslands and canopy trees, surrounding
waterway systems to enhance and connect to the landscape setting, ensuring it responds to the
bush昀椀re risk of a location.
Protecting existing topographic features and maintaining a sense of naturalness through sensitive
design and siting.
Retain and enhance the recreation and amenity values along waterway systems by:
Planning for surrounding green spaces as recreation and tourism resources without adversely
impacting environmental values and 昀氀ood management capacity.
Protecting and enhancing parklands for their economic, social and environmental values.
Protecting and enhancing public access to waterway systems and surrounding parklands.
Enhancing existing and providing new green links, pedestrian and cycle connections and open
space.
Discouraging privatisation of spaces that interface with or provide access to waterway systems.
Avoiding overshadowing of waterway systems, their banks and adjacent public open space.
Promoting safety by maximising visibility and passive surveillance and providing good
connections and access.
Page 35 of 1195
Design and site development to maintain and enhance the natural environment of waterway systems
by:
Minimising the visual intrusion of development on the natural landscape views from major
roads, bridge crossings, public open space, recreation trails and within waterway systems
themselves.
Ensuring development is visually subordinate to the local landscape setting, including through
the use of vegetation to 昀椀lter views of development.
Ensuring development adjacent to waterways adopts high quality materials and respectful
design and siting.
Avoiding impeding the natural 昀氀ow of waterways and future 昀氀ood events.
Directing growth to established settlements where water and wastewater can be managed.
Policy guidelines
Locating earthworks, including dams, a minimum of 30 metres from waterway systems.
Locating development a minimum of 30 metres from the banks of waterway systems.
The views of 昀氀oodplain and waterway managers.
Any regional catchment strategy and related plans approved under the Catchment and Land
Protection Act 1994.
Policy documents
Melbourne Water’s Guidelines for Approval of Jetties (Melbourne Water, 2011)
Healthy Waterways Strategy (Melbourne Water, 2018)
Page 36 of 1195
12.03-1R Yarra River protection

20/04/2021
VC197
Objective
To maintain and enhance the natural landscape character of the Yarra River corridor.
Strategies
Strengthen the Yarra River’s natural environment, heritage and overall health by:
Protecting, conserving and enhancing areas of Indigenous and non-Indigenous cultural and
archaeological signi昀椀cance.
Protecting the river’s riparian vegetation, natural riverbank topography and 昀氀ood management
capacity.
Ensuring development does not increase the rate or quantity of stormwater, sediment or other
pollutants entering the river.
Protecting and enhancing both terrestrial and aquatic habitats and their linkages along the river
corridor.
Promote a sense of place and landscape identity by:
Retaining a dominant and consistent tree canopy along the river corridor and in its broader
landscape setting.
Ensuring that the appearance of development is subordinate to the local landscape setting, with
any views of development being 昀椀ltered through vegetation.
Retain and enhance people’s enjoyment of the river and its environment by:
Planning for the river and its environs as a recreation and tourism resource.
Ensuring linkages and public access to the river and its parklands are maintained, enhanced
and new links created where appropriate.
Avoiding overshadowing of the river, its banks and adjacent public open space to ensure that
the amenity of the public realm is maintained year-round.
Ensure that development is designed and sited to maintain and enhance the river’s secluded and
natural environment by:
Minimising the visual intrusion of development when viewed from major roads, bridge crossings,
public open space, recreation trails and the river itself.
Ensuring that the siting and design of buildings avoids con昀氀icting with the local natural landscape
and environmental character.
Ensuring building height is below the natural tree canopy and all development is set back a
minimum of 30 metres from the banks of the river.
Policy documents
Middle Yarra River Corridor Study - Recommendations Report (Department of Environment,
Lower Yarra River Corridor Study - Recommendations Report (Department of Environment,
Page 37 of 1195
Page 38 of 1195
12.04 ALPINE AREAS

31/07/2018
VC148
Page 39 of 1195
12.04-1S Sustainable development in alpine areas

20/03/2023
VC229
Objective
To facilitate sustainable use and development of Alpine areas for year-round use and activity.
Strategies
Protect and manage signi昀椀cant environmental features and ecosystems, taking into account the
sensitive and fragile nature of the alpine environment.
Ensure that the use and development of land is managed to minimise the disturbance of indigenous
昀氀ora and fauna and sensitive landscapes.
Ensure that there is a mixture of use and development to cater for users of alpine areas in all
seasons.
Recognise the distinct environments, infrastructure needs and capabilities to support different
activities of each alpine resort and other alpine areas.
Provide for the development of consolidated alpine villages, including a diverse range of
employment, social and economic opportunities.
Promote development for active recreation solely at Falls Creek, Lake Mountain, Mt Buffalo, Mt
Baw Baw, Mt Buller and Mt Hotham.
Promote intensive residential and commercial development at Falls Creek, Mt Baw Baw, Mt Buller
and Mt Hotham.
Maintain Mt Stirling as an all-season nature based tourist, recreational and educational resource.
Ensure that the sustainable long term planning and management of Victoria’s six alpine resorts is
consistent with the strategic directions contained in the Alpine Resorts Strategic Plan 2020-2025
Responding to a Changing Climate (Victorian Government, Alpine Resorts Co-ordinating Council,
2019).
Develop, monitor and regularly review the Alpine Resort Environmental Management Plans and
Comprehensive Development Plans for each alpine resort, recognising their unique characteristics,
constraints and opportunities.
Encourage best practice in design that responds to the alpine character of the area.
Ensure heritage places are protected and conserved, including Aboriginal cultural heritage and
post contact heritage places.
Ensure that increases in skier, pedestrian and vehicular activity in the resorts do not compromise
public safety or the accessibility and capacity of ski 昀椀elds, services, commercial activity and
development of trailheads.
Implement approved plans, manage development and work with Alpine Resort Management Boards
to effectively operate alpine resorts and protect alpine resources.
Ensure that the use and development of land responds to potential environmental risks and
contributes to maintaining or improving the environmental quality of alpine environments.
Policy guidelines
Any applicable approved Victorian Environmental Assessment Council recommendations.
Any approved management plan or guideline endorsed by the Minister for Environment or
Minister for Water.
Policy documents
Page 40 of 1195
Alpine Resorts Strategic Plan 2020-2025 Responding to a Changing Climate (Victorian

Government, Alpine Resorts Co-ordinating Council, 2019)
The Memorandum of Understanding in relation to the Co-operative Management of the
Australian Alps National Parks, agreed to by the member states and territories of Victoria,
Australian Capital Territory and New South Wales
Page 41 of 1195
12.05 SIGNIFICANT ENVIRONMENTS AND LANDSCAPES

31/07/2018
VC148
Page 42 of 1195
12.05-1S Environmentally sensitive areas

31/07/2018
VC148
Objective
To protect and conserve environmentally sensitive areas.
Strategies
Protect environmentally sensitive areas with signi昀椀cant recreational value from development that
would diminish their environmental conservation or recreational values. These areas include the
Dandenong and Macedon Ranges, the Upper Yarra Valley, Western Port and Port Phillip Bay and
their foreshores, the Mornington Peninsula, the Yarra and Maribyrnong Rivers and the Merri
Creek, the Grampians, the Gippsland Lakes and its foreshore, the coastal areas and their foreshores,
Alpine areas and nominated urban conservation areas, historic buildings and precincts.
Page 43 of 1195
12.05-2S Landscapes
31/07/2018
VC148
Objective
To protect and enhance signi昀椀cant landscapes and open spaces that contribute to character, identity
and sustainable environments.
Strategies
Ensure signi昀椀cant landscape areas such as forests, the bays and coastlines are protected.
Ensure development does not detract from the natural qualities of signi昀椀cant landscape areas.
Improve the landscape qualities, open space linkages and environmental performance in signi昀椀cant
landscapes and open spaces, including green wedges, conservation areas and non-urban areas.
Recognise the natural landscape for its aesthetic value and as a fully functioning system.
Ensure important natural features are protected and enhanced.
Page 44 of 1195
13 ENVIRONMENTAL RISKS AND AMENITY

01/07/2021
VC203 Planning should strengthen the resilience and safety of communities by adopting a best practice
environmental management and risk management approach.
Planning should identify, prevent and minimise the risk of harm to the environment, human health,
and amenity through:
Land use and development compatibility.
Effective controls to prevent or mitigate signi昀椀cant impacts.
Planning should identify and manage the potential for the environment and environmental changes
to impact on the economic, environmental or social wellbeing of society.
Planning should ensure development and risk mitigation does not detrimentally interfere with
important natural processes.
Planning should prepare for and respond to the impacts of climate change.
Page 45 of 1195
13.01 CLIMATE CHANGE IMPACTS

31/07/2018
VC148
Page 46 of 1195
13.01-1S Natural hazards and climate change

20/03/2023
VC229
Objective
To minimise the impacts of natural hazards and adapt to the impacts of climate change through
risk-based planning.
Strategies
Respond to the risks associated with climate change in planning and management decision making
processes.
Identify at risk areas using the best available data and climate change science.
Integrate strategic land use planning with emergency management decision making.
Direct population growth and development to low risk locations.
Develop adaptation response strategies for existing settlements in risk areas to accommodate
change over time.
Ensure planning controls allow for risk mitigation and climate change adaptation strategies to be
implemented.
Site and design development to minimise risk to life, health, property, the natural environment
and community infrastructure from natural hazards.
Policy guidelines
Climate change data and information maintained by the Department of Energy, Environment
and Climate Action.
Adaptation action plans prepared under Division 2 of Part 5 of the Climate Change Act 2017.
Policy documents
Climate science report prepared under Part 6 of the Climate Change Act 2017
Page 47 of 1195
13.01-2S Coastal inundation and erosion

20/03/2023
VC229
Objective
To plan for and manage coastal hazard risk and climate change impacts.
Strategies
Plan for sea level rise of not less than 0.8 metres by 2100 and allow for the combined effects of
tides, storm surges, coastal processes and local conditions such as topography and geology when
assessing risks and coastal impacts associated with climate change.
Ensure that land subject to hazards is identi昀椀ed and appropriately managed to ensure that future
use and development is not at risk.
Avoid use and development in areas vulnerable to coastal inundation and erosion.
Respond to marine and coastal processes in the context of the coastal compartment type.
Assess the effectiveness, costs, bene昀椀ts, impacts (direct, cumulative and synergistic) and path
dependency of available adaptation options in the following order:
1. non-intervention
2. avoid
3. nature-based methods
4. accommodate
5. retreat
6. protect
Ensure that development or protective works that seek to respond to coastal hazard risks avoid
detrimental impacts on coastal processes.
Policy guidelines
Any applicable Victorian Environmental Assessment Council recommendations.
Any applicable Regional and Strategic Partnership Product, environmental management plan
or coastal and marine management plan approved under the Marine and Coastal Act 2018 or
National Parks Act 1975.
Any coastal erosion advice required under section 75 of the Marine and Coastal Act 2018.
Local coastal hazard assessments and localised projections.
Policy documents
Any applicable adaptation action plan prepared under the Climate Change Act 2017
Guidelines for Coastal Catchment Management Authorities: Assessing Development in relation
to Sea Level Rise (June, 2012)
Planning for Sea Level Rise Guidelines, Port Phillip and Westernport Region (Melbourne
Water, 2017)
The Victorian Coastal Hazard Guide (Department of Sustainability and Environment, 2012)
Page 48 of 1195
13.02 BUSHFIRE
31/07/2018
VC148
Page 49 of 1195
13.02-1S Bushfire planning

20/03/2023
VC229
Policy application
This policy must be applied to all planning and decision making under the Planning and
Environment Act 1987 relating to land that is:
Within a designated bush昀椀re prone area;
Subject to a Bush昀椀re Management Overlay; or
Proposed to be used or developed in a way that may create a bush昀椀re hazard.
Objective
To strengthen the resilience of settlements and communities to bush昀椀re through risk-based planning
that prioritises the protection of human life.
Strategies
Protection of human life

Give priority to the protection of human life by:
Prioritising the protection of human life over all other policy considerations.
Directing population growth and development to low risk locations and ensuring the availability
of, and safe access to, areas where human life can be better protected from the effects of bush昀椀re.
Reducing the vulnerability of communities to bush昀椀re through the consideration of bush昀椀re
risk in decision making at all stages of the planning process.
Bushfire hazard identification and assessment

Identify bush昀椀re hazard and undertake appropriate risk assessment by:
Applying the best available science to identify vegetation, topographic and climatic conditions
that create a bush昀椀re hazard.
Considering the best available information about bush昀椀re hazard including the map of designated
bush昀椀re prone areas prepared under the Building Act 1993 or regulations made under that Act.
Applying the Bush昀椀re Management Overlay to areas where the extent of vegetation can create
an extreme bush昀椀re hazard.
Considering and assessing the bush昀椀re hazard on the basis of:
– Landscape conditions - meaning conditions in the landscape within 20 kilometres (and
potentially up to 75 kilometres) of a site;
– Local conditions - meaning conditions in the area within approximately 1 kilometre of a
site;
– Neighbourhood conditions - meaning conditions in the area within 400 metres of a site; and
– The site for the development.
Consulting with emergency management agencies and the relevant 昀椀re authority early in the
process to receive their recommendations and implement appropriate bush昀椀re protection
measures.
Ensuring that strategic planning documents, planning scheme amendments, planning permit
applications and development plan approvals properly assess bush昀椀re risk and include
appropriate bush昀椀re protection measures.
Not approving development where a landowner or proponent has not satisfactorily demonstrated
that the relevant policies have been addressed, performance measures satis昀椀ed or bush昀椀re
protection measures can be adequately implemented.
Page 50 of 1195
Settlement planning
Plan to strengthen the resilience of settlements and communities and prioritise protection of human
life by:
Directing population growth and development to low risk locations, being those locations
assessed as having a radiant heat 昀氀ux of less than 12.5 kilowatts/square metre under AS
3959-2018 Construction of Buildings in Bush昀椀re-prone Areas (Standards Australia, 2018).
Ensuring the availability of, and safe access to, areas assessed as a BAL-LOW rating under AS
3959-2018 Construction of Buildings in Bush昀椀re-prone Areas (Standards Australia, 2018)
where human life can be better protected from the effects of bush昀椀re.
Ensuring the bush昀椀re risk to existing and future residents, property and community infrastructure
will not increase as a result of future land use and development.
Achieving no net increase in risk to existing and future residents, property and community
infrastructure, through the implementation of bush昀椀re protection measures and where possible
reducing bush昀椀re risk overall.
Assessing and addressing the bush昀椀re hazard posed to the settlement and the likely bush昀椀re
behaviour it will produce at a landscape, settlement, local, neighbourhood and site scale,
including the potential for neighbourhood-scale destruction.
Assessing alternative low risk locations for settlement growth on a regional, municipal,
settlement, local and neighbourhood basis.
Not approving any strategic planning document, local planning policy, or planning scheme
amendment that will result in the introduction or intensi昀椀cation of development in an area that
has, or will on completion have, more than a BAL-12.5 rating under AS 3959-2018 Construction
of Buildings in Bush昀椀re-prone Areas (Standards Australia, 2018).
Areas of biodiversity conservation value

Ensure settlement growth and development approvals can implement bush昀椀re protection measures
without unacceptable biodiversity impacts by discouraging settlement growth and development
in bush昀椀re affected areas that are important areas of biodiversity.
Use and development control in a Bushfire Prone Area

In a bush昀椀re prone area designated in accordance with regulations made under the Building Act
1993, bush昀椀re risk should be considered when assessing planning applications for the following
uses and development:
Subdivisions of more than 10 lots.
Accommodation.
Child care centre.
Education centre.
Emergency services facility.
Hospital.
Indoor recreation facility.
Major sports and recreation facility.
Place of assembly.
Any application for development that will result in people congregating in large numbers.
When assessing a planning permit application for the above uses and development:
Consider the risk of bush昀椀re to people, property and community infrastructure.
Page 51 of 1195
Require the implementation of appropriate bush昀椀re protection measures to address the identi昀椀ed
bush昀椀re risk.
Ensure new development can implement bush昀椀re protection measures without unacceptable
biodiversity impacts.
Policy guidelines
Any applicable approved state, regional and municipal 昀椀re prevention plan.
Policy documents
AS 3959-2018 Construction of Buildings in Bush昀椀re-prone Areas (Standards Australia, 2018)
Building in bush昀椀re-prone areas - CSIRO & Standards Australia (SAA HB36-1993, 1993)
Any bush昀椀re prone area map prepared under the Building Act 1993 or regulations made under
that Act
Page 52 of 1195
13.03 FLOODPLAINS
31/07/2018
VC148
Page 53 of 1195
13.03-1S Floodplain management

20/03/2023
VC229
Objective
To assist the protection of:
Life, property and community infrastructure from 昀氀ood hazard, including coastal inundation,
riverine and overland 昀氀ows.
The natural 昀氀ood carrying capacity of rivers, streams and 昀氀oodways.
The 昀氀ood storage function of 昀氀oodplains and waterways.
Floodplain areas of environmental signi昀椀cance or of importance to river, wetland or coastal
health.
Strategies
Identify land affected by 昀氀ooding, including land inundated by the 1 in 100 year 昀氀ood event (1
per cent Annual Exceedance Probability) or as determined by the 昀氀oodplain management authority
in planning schemes.
Avoid intensifying the impact of 昀氀ooding through inappropriately located use and development.
Plan for the cumulative impacts of use and development on 昀氀ood behaviour.
Locate emergency and community facilities (including hospitals, ambulance stations, police
stations, 昀椀re stations, residential aged care facilities, communication facilities, transport facilities,
community shelters, child care centres and schools) outside the 1 in 100 year (1 per cent Annual
Exceedance Probability) 昀氀oodplain and, where possible, at levels above the height of the probable
maximum 昀氀ood.
Locate use and development that involve the storage or disposal of environmentally hazardous
industrial and agricultural chemicals or wastes and other dangerous goods (including intensive
animal industries and sewage treatment plants) outside 昀氀oodplains unless site design and
management is such that potential contact between such substances and 昀氀oodwaters is prevented,
without affecting the 昀氀ood carrying and 昀氀ood storage functions of the 昀氀oodplain.
Ensure land use on 昀氀oodplains minimises the risk of waterway contamination occurring during
昀氀oods and 昀氀oodplains are able to function as temporary storage to moderate peak 昀氀ows and
minimise downstream impacts.
Policy guidelines
Regional catchment strategies and special area plans approved by the Minister for Environment
or Minister for Water.
Any 昀氀oodplain management manual or guideline of policy and practice, or catchment
management, river health, wetland or 昀氀oodplain management strategy adopted by the relevant
responsible 昀氀oodplain management authority.
Any best practice environmental management guidelines for stormwater adopted by the
Environment Protection Authority.
Policy documents
Victorian Floodplain Management Strategy (Department of Environment, Land, Water and
Planning, 2016)
Page 54 of 1195
Page 55 of 1195
13.04 SOIL DEGRADATION

31/07/2018
VC148
Page 56 of 1195
13.04-1S Contaminated and potentially contaminated land

04/05/2022
VC210
Objective
To ensure that contaminated and potentially contaminated land is used and developed safely.
Strategies
Ensure contaminated or potentially contaminated land is or will be suitable for the proposed use,
prior to the commencement of any use or development.
Protect a sensitive use (residential use, childcare centre, kindergarten, pre-school centre, primary
school, even if ancillary to another use), children's playground or secondary school from the effects
of contamination.
Facilitate the remediation of contaminated land to make the land suitable for future intended use
or development.
Policy guideline
Consider as relevant the potential for contamination to impact the proposed use or development
through an assessment that is proportionate to the risk, including:
An assessment in accordance with the National Environment Protection (Assessment of Site
Contamination) Measure (National Environment Protection Council, 1999)
A preliminary risk screen assessment or environmental audit under Part 8.3 of the Environment
Policy documents
Ministerial Direction No. 1 - Potentially Contaminated Land
National Environment Protection (Assessment of Site Contamination) Measure (National
Environment Protection Council, 1999)
Page 57 of 1195
13.04-2S Erosion and landslip

31/07/2018
VC148
Objective
To protect areas prone to erosion, landslip or other land degradation processes.
Strategies
Identify areas subject to erosion or instability in planning schemes and when considering the use
and development of land.
Prevent inappropriate development in unstable areas or areas prone to erosion.
Promote vegetation retention, planting and rehabilitation in areas prone to erosion and land
instability.
Policy guidelines
Any applicable regional catchment strategy.
Any special area plan approved under the Catchment and Land Protection Act 1994.
Page 58 of 1195
13.04-3S Salinity
31/07/2018
VC148
Objective
To minimise the impact of salinity and rising water tables on land uses, buildings and infrastructure
in rural and urban areas and areas of environmental signi昀椀cance and reduce salt load in rivers.
Strategies
Identify areas subject to salinity in the preparation of planning schemes and land use planning
decisions.
Promote vegetation retention and replanting in aquifer recharge areas contributing to groundwater
salinity problems.
Prevent inappropriate development in areas affected by groundwater salinity.
Policy guidelines
Any applicable regional catchment strategy and any associated implementation plan or strategy
(particularly salinity management plans and regional vegetation plans).
Any special area plan approved under the Catchment and Land Protection Act 1994.
Policy documents
Salinity Information Kit: Volume 1 - A Local Government Planning Guide for Dryland Salinity
(Department of Conservation and Natural Resources, 1995)
Page 59 of 1195
Page 60 of 1195
13.05 NOISE
31/07/2018
VC148
Page 61 of 1195
13.05-1S Noise management

10/06/2022
VC216
Objective
To assist the management of noise effects on sensitive land uses.
Strategy
Ensure that development is not prejudiced and community amenity and human health is not
adversely impacted by noise emissions.
Minimise the impact on human health from noise exposure to occupants of sensitive land uses
(residential use, child care centre, school, education centre, residential aged care centre or
hospital) near the transport system and other noise emission sources through suitable building
siting and design (including orientation and internal layout), urban design and land use separation
techniques as appropriate to the land use functions and character of the area.
Policy guidelines
The noise requirements in accordance with the Environment Protection Regulations under the
Environment Protection Act 2017.
Policy documents
Environment Protection Regulations under the Environment Protection Act 2017
Noise Limit and Assessment Protocol for the Control of Noise from Commercial, Industrial
and Trade Premises and Entertainment Venues (Publication 1826, Environment Protection
Authority, May 2021)
Environment Reference Standard (Gazette No. S 245, 26 May 2021)
Passenger Rail Infrastructure Noise Policy (Victorian Government, 2013)
VicTrack Rail Development Interface Guidelines (VicTrack, 2019)
Page 62 of 1195
13.06 AIR QUALITY

31/07/2018
VC148
Page 63 of 1195
13.06-1S Air quality management

10/06/2022
VC216
Objective
To assist the protection and improvement of air quality.
Strategies
Ensure that land use planning and transport infrastructure provision contribute to improved air
quality by:
Integrating transport and land use planning to improve transport accessibility and connections.
Locating key developments that generate high volumes of trips in the Central City, Metropolitan
Activity Centres and Major Activity Centres.
Providing infrastructure for walking, cycling and public transport.
Ensure, wherever possible, that there is suitable separation between land uses that pose a human
health risk or reduce amenity due to air pollutants, and sensitive land uses (residential use, child
care centre, school, education centre, residential aged care centre or hospital).
Minimise air pollutant exposure to occupants of sensitive land uses near the transport system
through suitable siting, layout and design responses.
Policy documents
Recommended separation distances for industrial residual air emissions (Publication 1518,
Environment Protection Authority, March 2013)
Page 64 of 1195
Page 65 of 1195
13.07 AMENITY, HUMAN HEALTH AND SAFETY

26/05/2020
VC175
Page 66 of 1195
13.07-1S Land use compatibility

03/03/2023
VC215
Objective
To protect community amenity, human health and safety while facilitating appropriate commercial,
industrial, infrastructure or other uses with potential adverse off-site impacts.
Strategies
Ensure that use or development of land is compatible with adjoining and nearby land uses
Avoid locating incompatible uses in areas that may be impacted by adverse off-site impacts
from commercial, industrial and other uses.
Avoid or otherwise minimise adverse off-site impacts from commercial, industrial and other
uses through land use separation, siting, building design and operational measures.
Protect commercial, industrial and other employment generating uses from encroachment by
use or development that would compromise the ability of those uses to function safely and
effectively.
Policy documents
Environment Protection Authority, March 2013).
Page 67 of 1195
13.07-2S Major hazard facilities

26/10/2018
VC152
Objective
To minimise the potential for human and property exposure to risk from incidents that may occur
at a major hazard facility and to ensure the ongoing viability of major hazard facilities.
Strategies
Ensure major hazard facilities are sited, designed and operated to minimise risk to surrounding
communities and the environment.
Consider the risks associated with increasing the intensity of use and development within the
threshold distance of an existing major hazard facility.
Apply appropriate threshold distances from sensitive land uses for new major hazard facilities and
between major hazard facilities.
Protect registered or licenced major hazard facilities as de昀椀ned under Regulation 5 of the
Occupational Health and Safety Regulations 2017 from encroachment of sensitive land uses.
Page 68 of 1195
13.07-3S Live music

28/09/2020
VC183
Objective
To encourage, create and protect opportunities for the enjoyment of live music.
Strategies
Identify areas where live music venues are encouraged or where there are high concentrations of
licensed premises or clusters of live music venues.
Implement measures to ensure live music venues can co-exist with nearby residential and other
noise sensitive land uses.
Policy guidelines
The social, economic and cultural bene昀椀ts to the community of:
– Retaining an existing live music venue.
– The development of new live music entertainment venues.
– Clustering licensed premises and live music venues.
Page 69 of 1195
14 NATURAL RESOURCE MANAGEMENT

31/07/2018
VC148 Planning is to assist in the conservation and wise use of natural resources including energy, water,
land, stone and minerals to support both environmental quality and sustainable development.
Planning should ensure agricultural land is managed sustainably, while acknowledging the economic
importance of agricultural production.
Page 70 of 1195
14.01 AGRICULTURE
31/07/2018
VC148
Page 71 of 1195
14.01-1S Protection of agricultural land

20/03/2023
VC229
Objective
To protect the state’s agricultural base by preserving productive farmland.
Strategies
Identify areas of productive agricultural land, including land for primary production and intensive
agriculture.
Consider state, regional and local, issues and characteristics when assessing agricultural quality
and productivity.
Avoid permanent removal of productive agricultural land from the state's agricultural base without
consideration of the economic importance of the land for the agricultural production and processing
sectors.
Protect productive farmland that is of strategic signi昀椀cance in the local or regional context.
Protect productive agricultural land from unplanned loss due to permanent changes in land use.
Prevent inappropriately dispersed urban activities in rural areas.
Protect strategically important agricultural and primary production land from incompatible uses.
Limit new housing development in rural areas by:
Directing housing growth into existing settlements.
Discouraging development of isolated small lots in the rural zones from use for dwellings or
other incompatible uses.
Encouraging consolidation of existing isolated small lots in rural zones.
Identify areas of productive agricultural land by consulting with the Department of Energy,
Environment and Climate Action and using available information.
In considering a proposal to use, subdivide or develop agricultural land, consider the:
Desirability and impacts of removing the land from primary production, given its agricultural
productivity.
Impacts on the continuation of primary production on adjacent land, with particular regard to
land values and the viability of infrastructure for such production.
Compatibility between the proposed or likely development and the existing use of the
surrounding land.
The potential impacts of land use and development on the spread of plant and animal pests
from areas of known infestation into agricultural areas.
Land capability.
Avoid the subdivision of productive agricultural land from diminishing the long-term productive
capacity of the land.
Give priority to the re-structure of inappropriate subdivisions where they exist on productive
agricultural land.
Balance the potential off-site effects of a use or development proposal (such as degradation of soil
or water quality and land salinisation) against the bene昀椀ts of the proposal.
Page 72 of 1195
14.01-1R Protection of agricultural land - Metropolitan Melbourne

31/07/2018
VC148
Strategy
Protect agricultural land in Metropolitan Melbourne’s green wedges and peri-urban areas to avoid
the permanent loss of agricultural land in those locations.
Page 73 of 1195
14.01-2S Sustainable agricultural land use

21/09/2018
VC150
Objective
To encourage sustainable agricultural land use.
Strategies
Ensure agricultural and productive rural land use activities are managed to maintain the long-term
sustainable use and management of existing natural resources.
Support the development of innovative and sustainable approaches to agricultural and associated
rural land use practices.
Support adaptation of the agricultural sector to respond to the potential risks arising from climate
change.
Encourage diversi昀椀cation and value-adding of agriculture through effective agricultural production
and processing, rural industry and farm-related retailing.
Assist genuine farming enterprises to embrace opportunities and adjust 昀氀exibly to market changes.
Support agricultural investment through the protection and enhancement of appropriate
infrastructure.
Facilitate ongoing productivity and investment in high value agriculture.
Facilitate the establishment and expansion of cattle feedlots, pig farms, poultry farms and other
intensive animal industries in a manner consistent with orderly and proper planning and protection
of the environment.
Ensure that the use and development of land for animal keeping or training is appropriately located
and does not detrimentally impact the environment, the operation of surrounding land uses and
the amenity of the surrounding area.
Policy documents
Victorian Code for Cattle Feedlots (Department of Agriculture, Energy and Minerals, 1995)
Victorian Code for Broiler Farms (Department of Primary Industries, 2009, plus 2018
amendments)
Apiary Code of Practice (Department of Planning and Community Development, 2011)
Planning Guidelines for Land Based Aquaculture in Victoria (Department of Primary Industries,
No. 21, 2005)
Victorian Low Density Mobile Outdoor Poultry Farm Planning Permit Guidelines (Department
of Economic Development, Jobs, Transport and Resources, June 2018)
Victorian Low Density Mobile Outdoor Pig Farm Planning Permit Guidelines (Department of
Economic Development, Jobs, Transport and Resources, June 2018)
Page 74 of 1195
14.01-3S Forestry and timber production

20/03/2023
VC229
Objective
To facilitate the establishment, management and harvesting of plantations and the harvesting of
timber from native forests.
Strategies
Identify areas that may be suitably used and developed for plantation timber production.
Promote the establishment of softwood and hardwood plantations on predominantly cleared land,
as well as other areas that are subject to or contributing to land and water degradation.
Ensure protection of water quality and soil.
Ensure timber production in native forests is conducted in a sustainable manner.
Conduct timber production (except agroforestry, windbreaks and commercial plantations of 5
hectares or less) in accordance with the Code of Practice for Timber Production 2014 (as amended
2022) (Department of Environment, Land, Water and Planning, 2022).
Ensure Victoria’s greenhouse sinks are protected and enhanced by controlling land clearing,
containing the growth of urban areas and supporting revegetation programs.
Policy documents
Code of Practice for Timber Production 2014 (as amended 2022) (Department of Environment,
Page 75 of 1195
14.02 WATER
31/07/2018
VC148
Page 76 of 1195
14.02-1S Catchment planning and management

06/09/2021
VC171
Objective
To assist the protection and restoration of catchments, waterways, estuaries, bays, water bodies,
groundwater, and the marine environment.
Strategies
Ensure the continued availability of clean, high-quality drinking water by protecting water
catchments and water supply facilities.
Consider the impacts of catchment management on downstream water quality and freshwater,
coastal and marine environments.
Retain natural drainage corridors with vegetated buffer zones at least 30 metres wide along each
side of a waterway to:
Maintain the natural drainage function, stream habitat and wildlife corridors and landscape
values,
Minimise erosion of stream banks and verges, and
Reduce polluted surface runoff from adjacent land uses.
Undertake measures to minimise the quantity and retard the 昀氀ow of stormwater from developed
areas.
Require appropriate measures to 昀椀lter sediment and wastes from stormwater prior to its discharge
into waterways, including the preservation of 昀氀oodplain or other land for wetlands and retention
basins.
Ensure that development at or near waterways provide for the protection and enhancement of the
environmental qualities of waterways and their instream uses.
Ensure land use and development minimises nutrient contributions to water bodies and the potential
for the development of algal blooms.
Require appropriate measures to restrict sediment discharges from construction sites.
Ensure planning is coordinated with the activities of catchment management authorities.
Ensure that water quality infrastructure is designed to minimise risk of harm to surface waters and
groundwater.
Policy guidelines
Any regional catchment strategy and related plans approved under the Catchment and Land
Any applicable implementation strategy approved by a catchment management authority or
waterway management authority.
Any special area or management plan under the Heritage Rivers Act 1992.
Any action statement or management plan prepared under the Flora and Fauna Guarantee Act
1988.
Policy documents
Murray River Regional Environmental Plan No 2 (REP2) of New South Wales
Page 77 of 1195
Planning Permit Applications in Open, Potable Water Supply Catchment Areas (Department
of Sustainability and Environment, 2012)
Urban Stormwater - Best Practice Environmental Management Guidelines (Victorian Stormwater
Committee, 1999)
Page 78 of 1195
14.02-2S Water quality

20/03/2023
VC229
Objective
To protect water quality.
Strategies
Protect reservoirs, water mains and local storage facilities from potential contamination.
Ensure that land use activities potentially discharging contaminated runoff or wastes to waterways
are sited and managed to minimise such discharges and to protect the quality of surface water and
groundwater resources, rivers, streams, wetlands, estuaries and marine environments.
Discourage incompatible land use activities in areas subject to 昀氀ooding, severe soil degradation,
groundwater salinity or geotechnical hazards where the land cannot be sustainably managed to
ensure minimum impact on downstream water quality or 昀氀ow volumes.
Prevent the establishment of incompatible land uses in aquifer recharge or saline discharge areas
and in potable water catchments.
Encourage the siting, design, operation and rehabilitation of land昀椀lls to reduce impact on
groundwater and surface water.
Use the mapped information available from the Department of Energy, Environment and Climate
Action to identify the bene昀椀cial uses of groundwater resources and have regard to potential impacts
on these resources from proposed land use or development.
Policy documents
Civil Construction, Building and Demolition Guide (Publication 1834, Environment Protection
Authority, November 2020)
Planning permit applications in open, potable water supply catchments (Department of
Sustainability and Environment, 2012)
Page 79 of 1195
14.02-3S Protection of declared irrigation districts

28/10/2022
VC224
Objective
To plan and manage for sustainable change within irrigation districts declared under Part 6A of
the Water Act 1989.
Strategies
Identify and plan for the future needs of communities to adapt and adjust to strategic land use
change within an irrigation district.
Ensure the future viability of an irrigation district by preventing non-agricultural use of land in a
declared irrigation district where the land is serviced, or was serviced as at 17 September 2019,
by rural water corporation irrigation infrastructure, unless the rural water corporation infrastructure
has been, or is planned to be, decommissioned.
Ensure non-agricultural land use does not undermine the integrity of irrigation infrastructure and
complements existing and future agricultural production.
Ensure land use change within an irrigation district does not negate the potential opportunities for
a rural water corporation to make adjustments to the footprint of an irrigation district that are
identi昀椀ed under an approved plan or strategy.
Ensure land use change does not limit the ability of future investment in irrigation infrastructure
that achieves the intended bene昀椀ts of minimising water loss, and improved irrigation service
ef昀椀ciency to the farm gate and overall agricultural production.
Policy documents
Water for Victoria (Department of Environment, Land, Water and Planning, 2016)
Gippsland Region Sustainable Water Strategy (Department of Sustainability and Environment,
2011)
Western Region Sustainable Water Strategy (Department of Sustainability and Environment,
2011)
Northern Region Sustainable Water Strategy (Department of Sustainability and Environment,
2009)
Central Region Sustainable Water Strategy (Department of Sustainability and Environment,
2006)
Victorian Government White Paper, Securing Our Water Future Together – Our Water, Our
Future (Department of Sustainability and Environment, 2004)
Page 80 of 1195
14.03 EARTH AND ENERGY RESOURCES

31/07/2018
VC148
Page 81 of 1195
14.03-1S Resource exploration and extraction

19/08/2021
VC196
Objective
To encourage exploration and extraction of natural resources in accordance with acceptable
environmental standards.
Strategies
Provide for the long-term protection of natural resources in Victoria.
Protect the opportunity for exploration and extraction of natural resources where this is consistent
with overall planning considerations and acceptable environmental practice.
Recognise the possible need to provide infrastructure, including transport networks, for the
exploration and extraction of natural resources.
Ensure planning schemes do not impose conditions on the use or development of land that are
inconsistent with the Mineral Resources (Sustainable Development) Act 1990, the Greenhouse
Gas Geological Sequestration Act 2008, the Geothermal Energy Resources Act 2005, or the
Petroleum Act 1998.
Develop and maintain buffers around mining and extractive industry activities.
Ensure planning permit applications clearly de昀椀ne buffer areas appropriate to the nature of the
proposed extractive uses, which are to be owned or controlled by the proponent of an extractive
industry.
Determine buffer areas between extractive activities and sensitive land uses on the following
considerations:
Appropriate limits on effects can be met at the sensitive locations using practical and available
technology.
Whether a change of land use in the vicinity of the extractive industry is proposed.
Use of land within the buffer areas is not limited by adverse effects created by the extractive
activities.
Performance standards identi昀椀ed under the relevant legislation.
Types of activities within land zoned for public use.
Identify and protect extractive industry resources within Strategic Extractive Resource Areas,
based on their current or potential contribution to state supply, access to supporting transport
networks and proximity to demand markets.
Facilitate the use and development of Strategic Extractive Resource Areas for extractive industries
and other compatible land uses.
Protect the brown coal resource in Central Gippsland by ensuring that:
Changes in use and development of land overlying coal resources, as generally de昀椀ned in
Framework for the Future (Minister for Industry, Technology and Resources and Minister for
Planning and Environment, 1987) and the Land Over Coal and Buffer Area Study (Ministry
for Planning and Environment, 1988), do not compromise the winning or processing of coal.
Coal-related development is adequately separated from residential or other sensitive uses and
main transport corridors by buffer areas to minimise adverse effects such as noise, dust, 昀椀re,
earth subsidence and visual intrusion.
Use and development within the buffer areas are compatible with use and development adjacent
to these areas.
Ensure that the use and development of land for extractive industry responds to potential
environmental risks and maintains or improves the quality of the air, land, acoustic and water
environments.
Page 82 of 1195
Policy documents
Mineral Resources (Sustainable Development) Act 1990
Greenhouse Gas Geological Sequestration Act 2008
Geothermal Energy Resources Act 2005
Petroleum Act 1998
Melbourne Supply Area - Extractive Industry Interest Areas Review (Geological Survey of
Victoria Technical Record, 2003/2)
Ballarat Supply Area - Extractive Industry Interest Areas (Geological Survey of Victoria
Technical Record, 1997/3)
Bendigo Supply Area - Extractive Industry Interest Areas (Geological Survey of Victoria
Geelong Supply Area - Extractive Industry Interest Areas (Geological Survey of Victoria
La Trobe Supply Area - Extractive Industry Interest Areas (Geological Survey of Victoria
Strategic Extractive Resource Areas Pilot Project Report (Victorian Government, 2020)
Page 83 of 1195
15 BUILT ENVIRONMENT AND HERITAGE

10/06/2022
VC216 Planning is to recognise the role of urban design, building design, heritage and energy and resource
ef昀椀ciency in delivering liveable and sustainable cities, towns and neighbourhoods.
Planning should ensure all land use and development appropriately responds to its surrounding
landscape and character, valued built form and cultural context.
Planning should protect places and sites with signi昀椀cant heritage, architectural, aesthetic, natural,
scienti昀椀c and cultural value.
Planning should incorporate measures to protect culturally signi昀椀cant heritage places in locations
exposed to climate related hazards.
Planning must support the establishment and maintenance of communities by delivering functional,
accessible, safe and diverse physical and social environments, through the appropriate location of
use and development and through high quality buildings and urban design.
Planning should promote excellence in the built environment and create places that:
Are enjoyable, engaging, and comfortable to be in.
Support human health and community wellbeing.
Accommodate people of all abilities, ages and cultures.
Contribute positively to local character and sense of place.
Re昀氀ect the particular characteristics and cultural identity of the community.
Enhance the function, amenity and safety of the public realm.
Planning should promote development that is environmentally sustainable and minimise detrimental
impacts on the built and natural environment.
Planning should facilitate development that:
Is adapted and resilient to climate related hazards.
Supports the transition to net zero greenhouse gas emissions.
Minimises waste generation and supports resource recovery.
Conserves potable water.
Supports the use of, and access to, low emission forms of transport.
Protects and enhances natural values.
Minimises off-site detrimental impacts on people and the environment.
Page 84 of 1195
15.01 BUILT ENVIRONMENT

31/07/2018
VC148
Page 85 of 1195
15.01-1S Urban design

31/07/2018
VC148
Objective
To create urban environments that are safe, healthy, functional and enjoyable and that contribute
to a sense of place and cultural identity.
Strategies
Require development to respond to its context in terms of character, cultural identity, natural
features, surrounding landscape and climate.
Ensure development contributes to community and cultural life by improving the quality of living
and working environments, facilitating accessibility and providing for inclusiveness.
Ensure the interface between the private and public realm protects and enhances personal safety.
Ensure development supports public realm amenity and safe access to walking and cycling
environments and public transport.
Ensure that the design and location of publicly accessible private spaces, including car parking
areas, forecourts and walkways, is of a high standard, creates a safe environment for users and
enables easy and ef昀椀cient use.
Ensure that development provides landscaping that supports the amenity, attractiveness and safety
of the public realm.
Ensure that development, including signs, minimises detrimental impacts on amenity, on the natural
and built environment and on the safety and ef昀椀ciency of roads.
Promote good urban design along and abutting transport corridors.
Policy documents
2017)
Page 86 of 1195
15.01-1R Urban design - Metropolitan Melbourne

31/07/2018
VC148
Objective
To create a distinctive and liveable city with quality design and amenity.
Strategies
Support the creation of well-designed places that are memorable, distinctive and liveable.
Integrate place making practices into road space management.
Strengthen Melbourne’s network of boulevards.
Create new boulevards in urban-growth areas and selected existing road corridors across Melbourne.
Provide spaces and facilities that encourage and support the growth and development of Melbourne’s
cultural precincts and creative industries.
Page 87 of 1195
15.01-2S Building design

01/01/2024
VC250
Objective
To achieve building design and siting outcomes that contribute positively to the local context,
enhance the public realm and support environmentally sustainable development.
Strategies
Ensure a comprehensive site analysis forms the starting point of the design process and provides
the basis for the consideration of height, scale, massing and energy performance of new
development.
Ensure development responds and contributes to the strategic and cultural context of its location.
Minimise the detrimental impact of development on neighbouring properties, the public realm and
the natural environment.
Improve the energy performance of buildings through siting and design measures that encourage:
Passive design responses that minimise the need for heating, cooling and lighting.
On-site renewable energy generation and storage technology.
Use of low embodied energy materials.
Restrict the provision of reticulated natural gas in new dwelling development.
Ensure the layout and design of development supports resource recovery, including separation,
storage and collection of waste, mixed recycling, glass, organics and e-waste.
Encourage use of recycled and reusable materials in building construction and undertake adaptive
reuse of buildings, where practical.
Encourage water ef昀椀ciency and the use of rainwater, stormwater and recycled water.
Minimise stormwater discharge through site layout and landscaping measures that support on-site
in昀椀ltration and stormwater reuse.
Ensure the form, scale, and appearance of development enhances the function and amenity of the
public realm.
Ensure buildings and their interface with the public realm support personal safety, perceptions of
safety and property security.
Ensure development is designed to protect and enhance valued landmarks, views and vistas.
Ensure development considers and responds to transport movement networks and provides safe
access and egress for pedestrians, cyclists and vehicles.
Encourage development to retain existing vegetation.
Ensure development provides landscaping that responds to its site context, enhances the built form,
creates safe and attractive spaces and supports cooling and greening of urban areas.
Policy documents
2017)
Planning, 2021)
Waste Management and Recycling in Multi-unit Developments (Sustainability Victoria, 2019)
Page 88 of 1195
15.01-3S Subdivision design

01/01/2024
VC250
Objective
To ensure the design of subdivisions achieves attractive, safe, accessible, diverse and sustainable
neighbourhoods.
Strategies
In the development of new residential areas and in the redevelopment of existing areas, subdivision
should be designed to create liveable and sustainable communities by:
Creating compact neighbourhoods that have walkable distances between activities.
Developing activity centres in appropriate locations with a mix of uses and services and access
to public transport.
Creating neighbourhood centres that include services to meet day to day needs.
Creating urban places with a strong sense of place that are functional, safe and attractive.
Providing a range of lot sizes to suit a variety of dwelling and household types to meet the
needs and aspirations of different groups of people.
Creating landscaped streets and a network of open spaces to meet a variety of needs with links
to regional parks where possible.
Protecting and enhancing habitat for native 昀氀ora and fauna, and providing opportunities for
people to experience nature in urban areas.
Facilitating an urban structure where neighbourhoods are clustered to support larger activity
centres served by high quality public transport.
Reduce car dependency by allowing for:
– Convenient and safe public transport.
– Safe and attractive spaces and networks for walking and cycling.
– Subdivision layouts that allow easy movement within and between neighbourhoods.
– A convenient and safe road network.
Minimising exposure of sensitive uses to air and noise pollution from the transport system.
Being accessible to people with disabilities.
Creating an urban structure that:
– Responds to climate related hazards.
– Incorporates integrated water management, including sustainable irrigation of open space.
– Minimises peak demand on the electricity network.
– Supports energy ef昀椀ciency and solar energy generation through urban layout and lot
orientation.
– Supports waste minimisation and increased resource recovery.
Providing utilities and services that support the uptake of renewable energy technologies, such
as microgrids and energy storage systems, including batteries.
Providing all-electric lots.
Policy documents
Page 89 of 1195
2017)
Page 90 of 1195
15.01-4S Healthy neighbourhoods

31/07/2018
VC148
Objective
To achieve neighbourhoods that foster healthy and active living and community wellbeing.
Strategies
Design neighbourhoods that foster community interaction and make it easy for people of all ages
and abilities to live healthy lifestyles and engage in regular physical activity by providing:
Connected, safe, pleasant and attractive walking and cycling networks that enable and promote
walking and cycling as a part of daily life.
Streets with direct, safe and convenient access to destinations.
Conveniently located public spaces for active recreation and leisure.
Accessibly located public transport stops.
Amenities and protection to support physical activity in all weather conditions.
Policy documents
2017)
Page 91 of 1195
15.01-4R Healthy neighbourhoods - Metropolitan Melbourne

31/07/2018
VC148
Strategy
Create a city of 20 minute neighbourhoods, that give people the ability to meet most of their
everyday needs within a 20 minute walk, cycle or local public transport trip from their home.
Page 92 of 1195
15.01-5S Neighbourhood character

09/10/2020
VC169
Objective
To recognise, support and protect neighbourhood character, cultural identity, and sense of place.
Strategies
Support development that respects the existing neighbourhood character or contributes to a preferred
neighbourhood character.
Ensure the preferred neighbourhood character is consistent with medium and higher density housing
outcomes in areas identi昀椀ed for increased housing.
Ensure development responds to its context and reinforces a sense of place and the valued features
and characteristics of the local environment and place by respecting the:
Pattern of local urban structure and subdivision.
Underlying natural landscape character and signi昀椀cant vegetation.
Neighbourhood character values and built form that re昀氀ect community identity.
Page 93 of 1195
15.01-6S Design for rural areas

31/07/2018
VC148
Objective
To ensure development respects valued areas of rural character.
Strategies
Ensure that the siting, scale and appearance of development protects and enhances rural character.
Protect the visual amenity of valued rural landscapes and character areas along township approaches
and sensitive tourist routes by ensuring new development is sympathetically located.
Site and design development to minimise visual impacts on surrounding natural scenery and
landscape features including ridgelines, hill tops, waterways, lakes and wetlands.
Page 94 of 1195
15.02 [NO CONTENT]

10/06/2022
VC216
Page 95 of 1195
15.02-1S [NO CONTENT]

10/06/2022
VC216
Page 96 of 1195
15.03 HERITAGE
31/07/2018
VC148
Page 97 of 1195
15.03-1S Heritage conservation

26/10/2018
VC155
Objective
To ensure the conservation of places of heritage signi昀椀cance.
Strategies
Identify, assess and document places of natural and cultural heritage signi昀椀cance as a basis for
their inclusion in the planning scheme.
Provide for the protection of natural heritage sites and man-made resources.
Provide for the conservation and enhancement of those places that are of aesthetic, archaeological,
architectural, cultural, scienti昀椀c or social signi昀椀cance.
Encourage appropriate development that respects places with identi昀椀ed heritage values.
Retain those elements that contribute to the importance of the heritage place.
Encourage the conservation and restoration of contributory elements of a heritage place.
Ensure an appropriate setting and context for heritage places is maintained or enhanced.
Support adaptive reuse of heritage buildings where their use has become redundant.
Consider whether it is appropriate to require the restoration or reconstruction of a heritage building
in a Heritage Overlay that has been unlawfully or unintentionally demolished in order to retain or
interpret the cultural heritage signi昀椀cance of the building, streetscape or area.
Policy guidelines
The 昀椀ndings and recommendations of the Victorian Heritage Council.
The Burra Charter: The Australia ICOMOS Charter for Places of Cultural Signi昀椀cance, 2013.
Page 98 of 1195
15.03-2S Aboriginal cultural heritage

31/07/2018
VC148
Objective
To ensure the protection and conservation of places of Aboriginal cultural heritage signi昀椀cance.
Strategies
Identify, assess and document places of Aboriginal cultural heritage signi昀椀cance, in consultation
with relevant Registered Aboriginal Parties, as a basis for their inclusion in the planning scheme.
Provide for the protection and conservation of pre-contact and post-contact Aboriginal cultural
heritage places.
Ensure that permit approvals align with the recommendations of any relevant Cultural Heritage
Management Plan approved under the Aboriginal Heritage Act 2006.
Policy guidelines
The 昀椀ndings and recommendations of the Aboriginal Heritage Council.
The 昀椀ndings and recommendations of the Victorian Heritage Council for post-contact Aboriginal
heritage places.
Policy documents
Aboriginal Heritage Act 2006
Page 99 of 1195
16 HOUSING
31/07/2018
VC148 Planning should provide for housing diversity, and ensure the ef昀椀cient provision of supporting
infrastructure.
Planning should ensure the long term sustainability of new housing, including access to services,
walkability to activity centres, public transport, schools and open space.
Planning for housing should include the provision of land for affordable housing.
Page 100 of 1195

16.01 RESIDENTIAL DEVELOPMENT

31/07/2018
VC148
Page 101 of 1195

16.01-1S Housing supply

20/12/2021
VC174
Objective
To facilitate well-located, integrated and diverse housing that meets community needs.
Strategies
Ensure that an appropriate quantity, quality and type of housing is provided, including aged care
facilities and other housing suitable for older people, supported accommodation for people with
disability, rooming houses, student accommodation and social housing.
Increase the proportion of housing in designated locations in established urban areas (including
under-utilised urban land) and reduce the share of new dwellings in green昀椀eld, fringe and dispersed
development areas.
Encourage higher density housing development on sites that are well located in relation to jobs,
services and public transport.
Identify opportunities for increased residential densities to help consolidate urban areas.
Facilitate diverse housing that offers choice and meets changing household needs by widening
housing diversity through a mix of housing types.
Encourage the development of well-designed housing that:
Provides a high level of internal and external amenity.
Incorporates universal design and adaptable internal dwelling design.
Support opportunities for a range of income groups to choose housing in well-serviced locations.
Plan for growth areas to provide for a mix of housing types through a variety of lot sizes, including
higher housing densities in and around activity centres.
Policy documents
Homes for Victorians - Affordability, Access and Choice (Victorian Government, 2017)
Planning, 2021)
Page 102 of 1195

16.01-1R Housing supply - Metropolitan Melbourne

09/10/2020
VC169
Strategies
Manage the supply of new housing to meet population growth and create a sustainable city by
developing housing and mixed use development opportunities in locations that are:
In and around the Central City.
Urban-renewal precincts and sites.
Areas for residential growth.
Areas for grey昀椀eld renewal, particularly through opportunities for land consolidation.
Areas designated as National Employment and Innovation Clusters.
Metropolitan activity centres and major activity centres.
Neighbourhood activity centres - especially those with good public transport connections.
Areas near existing and proposed railway stations that can support transit-oriented development.
Identify areas that offer opportunities for more medium and high density housing near employment
and transport in Metropolitan Melbourne.
Facilitate increased housing in established areas to create a city of 20 minute neighbourhoods close
to existing services, jobs and public transport.
Provide certainty about the scale of growth by prescribing appropriate height and site coverage
provisions for different areas.
Allow for a range of minimal, incremental and high change residential areas that balance the need
to protect valued areas with the need to ensure choice and growth in housing.
Create mixed-use neighbourhoods at varying densities that offer more choice in housing.
Page 103 of 1195

16.01-2S Housing affordability

09/10/2020
VC169
Objective
To deliver more affordable housing closer to jobs, transport and services.
Strategies
Improve housing affordability by:
Ensuring land supply continues to be suf昀椀cient to meet demand.
Increasing choice in housing type, tenure and cost to meet the needs of households as they
move through life cycle changes and to support diverse communities.
Promoting good housing and urban design to minimise negative environmental impacts and
keep costs down for residents and the wider community.
Encouraging a signi昀椀cant proportion of new development to be affordable for households on
very low to moderate incomes.
Increase the supply of well-located affordable housing by:
Facilitating a mix of private, affordable and social housing in suburbs, activity centres and
urban renewal precincts.
Ensuring the redevelopment and renewal of public housing stock better meets community
needs.
Facilitate the delivery of social housing by identifying surplus government land suitable for housing.
Policy documents
Homes for Victorians - Affordability, Access and Choice (Victorian Government, 2017)
Page 104 of 1195

16.01-3S Rural residential development

09/10/2020
VC169
Objective
To identify land suitable for rural residential development.
Strategies
Manage development in rural areas to protect agriculture and avoid inappropriate rural residential
development.
Encourage the consolidation of new housing in existing settlements where investment in physical
and community infrastructure and services has already been made.
Demonstrate need and identify locations for rural residential development through a housing and
settlement strategy.
Ensure planning for rural residential development avoids or signi昀椀cantly reduces adverse economic,
social and environmental impacts by:
Maintaining the long-term sustainable use and management of existing natural resource attributes
in activities including agricultural production, water, mineral and energy resources.
Protecting existing landscape values and environmental qualities such as water quality, native
vegetation, biodiversity and habitat.
Minimising or avoiding property servicing costs carried by local and state governments.
Maintaining an adequate buffer distance between rural residential development and animal
production.
Ensure land is not zoned for rural residential development if it will encroach on high quality
productive agricultural land or adversely impact on waterways or other natural resources.
Discourage development of small lots in rural zones for residential use or other incompatible uses.
Encourage consolidation of existing isolated small lots in rural zones.
Ensure land is only zoned for rural residential development where it:
Is located close to existing towns and urban centres, but not in areas that will be required for
fully serviced urban development.
Can be supplied with electricity, water and good quality road access.
Page 105 of 1195

16.01-4S Community care accommodation

04/11/2022
VC226
Objective
To facilitate the establishment of community care accommodation and support their location being
kept con昀椀dential.
Strategies
Planning schemes should not require a planning permit for or prohibit the use of land in a residential
area for community care accommodation provided no more than 20 clients are accommodated and
the use is funded by, or carried out by or on behalf of, a government department or public authority,
including a public authority established for a public purpose under a Commonwealth Act.
Facilitate the con昀椀dential establishment of community care accommodation through appropriate
permit, notice and review exemptions.
Page 106 of 1195

16.01-5S Residential aged care facilities

09/10/2020
VC169
Objective
To facilitate the development of well-designed and appropriately located residential aged care
facilities.
Strategies
Recognise that residential aged care facilities contribute to housing diversity and choice, and are
an appropriate use in a residential area.
Recognise that residential aged care facilities are different to dwellings in their purpose and function,
and will have a different built form (including height, scale and mass).
Ensure local housing strategies, precinct structure plans and activity centre structure plans provide
for residential aged care facilities.
Ensure that residential aged care facilities are located in residential areas, activity centres and
urban renewal precincts, close to services and public transport.
Encourage planning for housing that:
Delivers an adequate supply of land or redevelopment opportunities for residential aged care
facilities.
Enables older people to live in appropriate housing in their local community.
Provide for a mix of housing for older people with appropriate access to care and support services.
Ensure that proposals to establish residential aged care facilities early in the life of a growth area
are in locations that will have early access to services and public transport.
Ensure that residential aged care facilities are designed to respond to the site and its context.
Promote a high standard of urban design and architecture in residential aged care facilities.
Policy guidelines
The Commonwealth Government’s Responsible ratios for the provision of aged care places
under the Aged Care Act 1997.
Page 107 of 1195

17 ECONOMIC DEVELOPMENT
31/07/2018
VC148 Planning is to provide for a strong and innovative economy, where all sectors are critical to
economic prosperity.
Planning is to contribute to the economic wellbeing of the state and foster economic growth by
providing land, facilitating decisions and resolving land use con昀氀icts, so that each region may
build on its strengths and achieve its economic potential.
Page 108 of 1195

17.01 EMPLOYMENT
31/07/2018
VC148
Page 109 of 1195

17.01-1S Diversified economy

31/07/2018
VC148
Objective
To strengthen and diversify the economy.
Strategies
Protect and strengthen existing and planned employment areas and plan for new employment areas.
Facilitate regional, cross-border and inter-regional relationships to harness emerging economic
opportunities.
Facilitate growth in a range of employment sectors, including health, education, retail, tourism,
knowledge industries and professional and technical services based on the emerging and existing
strengths of each region.
Improve access to jobs closer to where people live.
Support rural economies to grow and diversify.
Page 110 of 1195

17.01-1R Diversified economy - Metropolitan Melbourne

03/03/2023
VC215
Strategies
Support the Central City to become Australia’s largest commercial and residential centre by 2050,
by planning for of昀椀ce, retail, residential, education, health, entertainment and cultural activity
spaces.
Plan for the redevelopment of Major Urban-Renewal Precincts in and around the Central City to
deliver high-quality, distinct and diverse neighbourhoods offering a mix of uses.
Facilitate the development of National Employment and Innovation Clusters by ensuring they:
Have a high level of amenity to attract businesses and workers.
Are supported by good public transport services and integrated walking and cycling paths.
Maximise investment opportunities for the location of knowledge intensive 昀椀rms and jobs.
Support the employment and servicing role of Health and Education Precincts by:
Focussing on improving access, particularly public transport access.
Encouraging co-location of facilities to better utilise existing infrastructure.
Supporting and facilitating growth of associated businesses and industries.
Reinforcing their specialised economic functions while also providing opportunities for ancillary
retail, commercial, accommodation and supporting services.
Support diverse employment generating uses, including of昀椀ces, innovation and creative industries
in identi昀椀ed areas within regionally signi昀椀cant industrial precincts, where compatible with adjacent
uses and well connected to transport networks.
Consider how land use change proposals can respond to local and regional employment demand
or identify how it can be accommodated elsewhere.
Plan for industrial land in suitable locations to support employment and investment opportunities.
Facilitate investment in Melbourne’s outer areas to increase local access to employment.
Page 111 of 1195

17.01-2S Innovation and research

04/10/2018
VC149
Objective
To create opportunities for innovation and the knowledge economy within existing and emerging
industries, research and education.
Strategies
Encourage the expansion and development of logistics and communications infrastructure.
Support the development of business clusters.
Support the development of enterprise precincts that build the critical mass of employment in an
area, leverage the area’s public and private sector economic competitive strengths and assets, and
cater to a diversity of employment types and scales.
Promote an accessible, well-connected, high-amenity and collaborative physical environment that
is conducive to innovation and to creative activities.
Encourage the provision of infrastructure that helps people to be innovative and creative, learn
new skills and start new businesses in locations identi昀椀ed to accommodate employment and
economic growth.
Support well-located, appropriate and low-cost premises for not-for-pro昀椀t or start-up enterprises.
Improve access to community-based information and training through further developing libraries
as community learning centres.
Page 112 of 1195

17.02 COMMERCIAL
31/07/2018
VC148
Page 113 of 1195

17.02-1S Business
15/03/2024
VC256
Objective
To encourage development that meets the community’s needs for retail, entertainment, of昀椀ce and
other commercial services.
Strategies
Plan for an adequate supply of commercial land in appropriate locations.
Ensure commercial facilities are aggregated and provide net community bene昀椀t in relation to their
viability, accessibility and ef昀椀cient use of infrastructure.
Locate commercial facilities in existing or planned activity centres.
Provide new convenience shopping facilities to provide for the needs of the local population in
new residential areas and within, or immediately adjacent to, existing commercial centres.
Provide small scale shopping opportunities that meet the needs of local residents and workers in
convenient locations.
Provide outlets of trade-related goods or services directly serving or ancillary to industry that have
adequate on-site car parking.
Locate cinema based entertainment facilities within or on the periphery of existing or planned
activity centres.
Apply a 昀椀ve year time limit for commencement to any planning permit for a shopping centre or
shopping centre expansion of more than 1000 square metres leasable 昀氀oor area.
Regulate the use and development of land for a sex services premises in commercial and mixed
use areas in the same way as for other types of shop.
Ensure that planning for the use and development of land for a sex services premises and home
based business is consistent with decriminalisation of sex work and provides for the reduction of
discrimination against, and harm to, sex workers.
Page 114 of 1195

17.02-2S Out-of-centre development

31/07/2018
VC148
Objective
To manage out-of-centre development.
Strategies
Discourage proposals for expansion of single use retail, commercial and recreational facilities
outside activity centres.
Give preference to locations in or on the border of an activity centre for expansion of single use
retail, commercial and recreational facilities.
Discourage large sports and entertainment facilities of metropolitan, state or national signi昀椀cance
in out-of-centre locations unless they are on the Principal Public Transport Network and in locations
that are highly accessible to their catchment of users.
Ensure that out-of-centre proposals are only considered where the proposed use or development
is of net bene昀椀t to the community in the region served by the proposal or provides small scale
shopping opportunities that meet the needs of local residents and workers in convenient locations.
Page 115 of 1195

17.03 INDUSTRY
31/07/2018
VC148
Page 116 of 1195

17.03-1S Industrial land supply

03/03/2023
VC215
Objective
To ensure availability of land for industry.
Strategies
Provide an adequate supply of industrial land in appropriate locations including suf昀椀cient stocks
of large sites for strategic investment.
Identify land for industrial development in urban growth areas where:
Good access for employees, freight and road transport is available.
Appropriate buffer areas can be provided between the proposed industrial land and nearby
sensitive land uses.
Protect and carefully plan existing industrial areas to, where possible, facilitate further industrial
development.
Preserve locally signi昀椀cant industrial land for industrial or employment generating uses, unless
long-term demand for these uses can be demonstrably met elsewhere.
Avoid approving non-industrial land uses that will prejudice the availability of land in identi昀椀ed
industrial areas for future industrial use.
Policy documents
Page 117 of 1195

17.03-2S Sustainable industry

03/03/2023
VC215
Objective
To facilitate the sustainable operation of industry.
Strategies
Ensure that industrial activities requiring substantial threshold distances are located in the core of
industrial areas.
Encourage activities with minimal threshold requirements to locate towards the perimeter of the
industrial area.
Minimise inter-industry con昀氀ict and encourage like industries to locate within the same area.
Protect industrial activity in industrial zones from the encroachment of commercial, residential
and other sensitive uses that would adversely affect industry viability.
Encourage industrial uses that meet appropriate standards of safety and amenity to locate within
activity centres.
Support the retention of small-scale industries servicing established urban areas through appropriate
zoning.
Provide adequate separation and buffer areas between sensitive uses and offensive or dangerous
industries and quarries to ensure that residents are not affected by adverse environmental effects,
nuisance or exposure to hazards.
Encourage manufacturing and storage industries that generate signi昀椀cant volumes of freight to
locate close to air, rail and road freight terminals.
Policy documents
Page 118 of 1195

17.03-3S State significant industrial land

03/03/2023
VC215
Objective
To protect industrial land of state signi昀椀cance.
Strategies
Protect state signi昀椀cant industrial precincts from incompatible land uses to allow for future growth.
State signi昀椀cant industrial precincts include but are not limited to:
Southern Industrial Precinct - Dandenong South.
Northern Industrial Precinct - Campbell昀椀eld, Somerton and Thomastown.
Western Industrial Precinct - Laverton North and Derrimut.
Of昀椀cer / Pakenham Industrial Precinct.
Port of Hastings Industrial Precinct.
Ensure suf昀椀cient availability of strategically located land for major industrial development,
particularly for industries and storage facilities that require signi昀椀cant threshold distances from
sensitive or incompatible uses.
Protect heavy industrial areas from inappropriate development and maintain adequate buffer
distances from sensitive or incompatible uses.
Policy documents
Melbourne Industrial and Commercial Land Use Plan (Department of Environment, Land,
Page 119 of 1195

17.03-3R Regionally significant industrial land - Metropolitan Melbourne

03/03/2023
VC215
Objective
To protect industrial land of regional signi昀椀cance and facilitate continual growth in freight, logistics
and manufacturing investment.
To support the transition from manufacturing land uses to other employment uses in strategically
identi昀椀ed areas well connected to transport networks.
Page 120 of 1195

17.03-3R Regionally significant industrial land - Metropolitan Melbourne - Eastern Metro

03/03/2023
VC215
Region
Strategy
Protect industrial land at Clayton-Mulgrave, Scoresby-Rowville and Bayswater-Kilsyth by:
Retaining existing industrial zoned land predominately for industrial uses.
Discouraging non-industrial land uses and subdivision that would lead to the creation of small
lots.
Page 121 of 1195

Page 122 of 1195

17.04 TOURISM
31/07/2018
VC148
Page 123 of 1195

17.04-1S Facilitating tourism

31/07/2018
VC148
Objective
To encourage tourism development to maximise the economic, social and cultural bene昀椀ts of
developing the state as a competitive domestic and international tourist destination.
Strategies
Encourage the development of a range of well-designed and sited tourist facilities, including
integrated resorts, accommodation, host farm, bed and breakfast and retail opportunities.
Seek to ensure that tourism facilities have access to suitable transport.
Promote tourism facilities that preserve, are compatible with and build on the assets and qualities
of surrounding activities and attractions.
Create innovative tourism experiences.
Encourage investment that meets demand and supports growth in tourism.
Policy guidelines
Any applicable regional tourism development strategy.
Policy documents
Tourism Investment Guidelines – Your Guide to Tourism Investment in Victoria (Tourism
Victoria, 2008)
Page 124 of 1195

17.04-1R Tourism in Metropolitan Melbourne

31/07/2018
VC148
Objective
To maintain and develop Metropolitan Melbourne as a desirable tourist destination.
Strategies
Maintain Metropolitan Melbourne's position as a global, national and local destination in its own
right and as a gateway to regional Victoria by:
Developing city precincts and promenades.
Revitalising the retail core of the Central City.
Supporting artistic and cultural life.
Improving public facilities, amenities and access.
Maintaining city safety.
Providing information and leisure services.
Improving transport infrastructure.
Page 125 of 1195

17.04-2S Coastal and maritime tourism and recreation

20/03/2023
VC229
Objective
To encourage a diverse range of strategically located and well-designed coastal and maritime
tourism and recreational opportunities that strengthen people's connection with the marine and
coastal environment.
Strategies
Support safe and sustainable recreation and tourism development including ecotourism, tourism
and major maritime events that:
Responds to identi昀椀ed demand.
Minimises impact on environmental and cultural values.
Minimises impact on other users.
Minimises direct and cumulative impacts.
Maintains public safety.
Responds to the carrying capacity of the site.
Minimises exposure to coastal hazard risks and risks posed by climate change.
Ensure a diverse range of accommodation options and coastal experiences are provided for and
maintained.
Ensure sites and facilities are accessible to all.
Ensure tourism development, within non-urban areas, demonstrates a tourist accommodation need
and supports a nature-based approach.
Ensure development is of an appropriate scale, use and intensity relative to its location and
minimises impacts on the surrounding natural, visual, environmental and coastal character.
Develop a network of maritime precincts around Port Phillip and Western Port that serve both
local communities and visitors.
Maintain and expand boating and recreational infrastructure around the bays in maritime precincts
at Frankston, Geelong, Hastings, Hobsons Bay, Mordialloc, Mornington, Patterson River,
Portarlington, Queenscliff, St Kilda, Stony Point/Cowes and Wyndham.
Support a sustainable network of facilities for recreational boating and water-based activities that
respond to:
Identi昀椀ed demand.
Use and safety considerations.
The carrying capacity of the location.
Coastal processes.
Environmental values.
Strategically plan and operate ports to complement each other in the context of the broader economy,
transport networks and the maritime and coastal environments within which they are regulated.
Provide public access to recreational facilities and activities on land and water.
Policy guidelines
Coastal Spaces Landscape Assessment Study (Department of Sustainability and Environment,
2006)
Page 126 of 1195

Gippsland Boating Coastal Action Plan 2013 - Gippsland Coastal Board

Recreational Boating Facilities Framework July 2014 - Central Coastal Board
Western Boating Coastal Action Plan 2010 - Western Coastal Board
Policy documents
Siting and Design Guidelines on the Victorian Coast (Department of Environment, Land, Water
and Planning, 2020)
Page 127 of 1195

18 TRANSPORT
09/12/2021
VC204 Planning should ensure a safe, integrated and sustainable transport system that:
Provides access to social and economic opportunities to support individual and community
wellbeing.
Facilitates economic prosperity.
Actively contributes to environmental sustainability.
Facilitates network-wide ef昀椀cient, coordinated and reliable movements of people and goods.
Supports health and wellbeing.
Page 128 of 1195

18.01 LAND USE AND TRANSPORT

09/12/2021
VC204
Page 129 of 1195

18.01-1S Land use and transport integration

09/12/2021
VC204
Objective
To facilitate access to social, cultural and economic opportunities by effectively integrating land
use and transport.
Strategies
Plan and develop a transport system that facilitates:
Social and economic inclusion for all people and builds community wellbeing.
The best use of existing social and economic infrastructure.
A reduction in the distances people have to travel to access jobs and services.
Better access to, and greater mobility within, local communities.
Network-wide ef昀椀ciency and coordinated operation.
Plan land use and development to:
Protect existing transport infrastructure from encroachment or detriment that would impact on
the current or future function of the asset.
Protect transport infrastructure that is in delivery from encroachment or detriment that would
impact on the construction or future function of the asset.
Protect planned transport infrastructure from encroachment or detriment that would impact
deliverability or future operation.
Protect identi昀椀ed potential transport infrastructure from being precluded by land use and
development.
Plan land use and development to allow for the ongoing improvement and development of the
State Transport System in the short and long term.
Plan movement networks and adjoining land uses to minimise disruption to residential communities
and their amenity.
Plan the timely delivery of transport infrastructure and services to support changing land use and
associated transport demands.
Plan improvements to public transport, walking and cycling networks to coordinate with the
ongoing development and redevelopment of urban areas.
Plan the use of land adjacent to the transport system having regard to the current and future
development and operation of the transport system.
Reserve land for strategic transport infrastructure to ensure the transport system can be developed
ef昀椀ciently to meet changing transport demands.
Support urban development that makes jobs and services more accessible:
In accordance with forecast demand.
By taking advantage of all available modes of transport.
Protect existing and facilitate new walking and cycling access to public transport.
Locate major government and private sector investments in regional cities and centres on major
transport corridors to maximise the access and mobility of communities.
Design neighbourhoods to:
Better support active living.
Increase the share of trips made using sustainable transport modes.
Respond to the safety needs of all users.
Page 130 of 1195

Design the transport system and adjacent areas to achieve visual outcomes that are responsible to
local context with particular reference to:
Landscaping.
The placement of signs.
Providing buffer zones and resting places.
Policy documents
Movement and Place in Victoria (Department of Transport, February 2019)
Delivering the Goods, Creating Victorian Jobs: Victorian Freight Plan (Department of Economic
Development, Jobs, Transport and Resources, July 2018)
Page 131 of 1195

18.01-2S Transport system

09/12/2021
VC204
Objective
To facilitate the ef昀椀cient, coordinated and reliable movement of people and goods by developing
an integrated and ef昀椀cient transport system.
Strategies
Plan and develop a transport system integrated across all movement networks that:
Facilitates the ef昀椀cient, coordinated and reliable movement of people and goods at all times.
Optimises transport system capacity.
Improves connectivity and facilitates the growth and development of regional Victoria.
Improves connectivity between Victoria’s regional cities and metropolitan Melbourne.
Ensures suf昀椀cient capacity for the movement of passengers into and out of Victoria at Principal
Transport Gateways.
Improves how goods are moved to local, interstate and overseas markets.
Maximises access to residential areas, employment, markets, services and recreation.
Improves local transport options to support 20-minute neighbourhoods in Melbourne’s suburbs
and Victoria’s regional cities and towns.
Is legible and enables easy access and movement between modes.
Plan movement networks that share the same space to do so in a way that balances the needs of
the different users of the transport system.
Plan and develop the State Transport System comprising the:
Principal Bicycle Network: Existing and future high quality cycling routes that provide access
to major destinations and facilitate cycling for transport, sport, recreation and 昀椀tness.
Principal Public Transport Network: Existing and future high quality public transport routes
in the Melbourne metropolitan area.
Regional Rail Network: Existing and future passenger rail routes in regional Victoria.
Principal Road Network: Declared arterial roads and freeways under the Road Management
Act 2004.
Principal Freight Network: Existing and future corridors and precincts where the movement
of high volumes of freight are concentrated or of strategic value.
Principal Transport Gateways: Existing and future ports, airports and interstate terminals that
serve as key locations for moving passengers and freight into, out of and around Victoria.
Facilitate delivery of:
Declared major transport projects and their ancillary projects that are of economic, social or
environmental signi昀椀cance to the State of Victoria.
Transport projects that improve the State Transport System.
Policy documents
Page 132 of 1195

State Transport System – Metropolitan Melbourne Plan
Page 133 of 1195

State Transport System – Regional Victoria Plan
Page 134 of 1195

18.01-3S Sustainable and safe transport

09/12/2021
VC204
Objective
To facilitate an environmentally sustainable transport system that is safe and supports health and
wellbeing.
Strategies
Plan and develop the transport system to:
Maximise the ef昀椀cient use of resources including infrastructure, land, services and energy.
Prepare for and adapt to climate change impacts.
Prioritise the use of sustainable personal transport.
Protect, conserve and improve the natural environment by supporting forms of transport, energy
use and transport technologies that have the least environmental impact.
Avoid, minimise and offset harm to the environment by:
– Protecting biodiversity.
– Reducing transport-related greenhouse gas emissions.
Plan the transport system to be safe by:

Developing safe transport infrastructure.
Optimising accessibility, emergency access, service and amenity.
Separating pedestrians, bicycles and motor vehicles, where practicable.
Reducing the need for cyclists to mix with other road users.
Supporting road users to make safe choices through design and way昀椀nding techniques.
Prioritising transport safety when designing high-speed roads and intersections.
Support forms of transport and energy use that have the greatest bene昀椀t for, and least negative
impact on, health and wellbeing.
Design the transport system to be accessible to all users.
Design new suburbs to respond to the safety, health and wellbeing needs of all road users.
Design development to promote walking, cycling and the use of public transport, in that order,
and minimise car dependency.
Policy documents
Victorian Road Safety Strategy 2021-2030 (Department of Transport, 2021)
Page 135 of 1195

18.01-3R Sustainable and safe transport - Metropolitan Melbourne

09/12/2021
VC204
Strategies
Improve local travel options for walking and cycling to support 20 minute neighbourhoods.
Page 136 of 1195

18.02 MOVEMENT NETWORKS

31/07/2018
VC148
Page 137 of 1195

18.02-1S Walking
09/12/2021
VC204
Objective
To facilitate an ef昀椀cient and safe walking network and increase the proportion of trips made by
walking.
Strategies
Plan and develop walking networks to:
Provide pedestrian routes that are safe, direct and comfortable to use.
Enable walking as a part of everyday life.
Enable people to meet more of their needs locally and rely less on their cars.
Be accessible to vehicles that use footpaths, including wheelchairs, prams and scooters.
Accommodate emerging forms of low-emission, low-speed personal transport.
Develop principal pedestrian networks for local areas that link with the transport system.
Provide walking infrastructure in all major transport projects.
Design walking routes to be comfortable by providing shelter from the sun through canopy trees,
verandahs and other structures.
Design direct, comfortable and connected walking infrastructure to and between key destinations
including activity centres, public transport interchanges, employment areas, urban renewal precincts
and major attractions.
Policy documents
Guidelines for developing Principal Pedestrian Networks (Department of Economic
Development, Jobs, Transport and Resources, 2015)
Page 138 of 1195

18.02-2S Cycling
09/12/2021
VC204
Objective
To facilitate an ef昀椀cient and safe bicycle network and increase the proportion of trips made by
cycling.
Strategies
Plan and develop cycling networks to:
Provide routes that are safe, comfortable, low-stress and well connected.
Enable cycling as a part of everyday life.
Enable people to meet more of their needs locally by cycling and to rely less on their cars.
Accommodate emerging forms of low emission, low and moderate speed personal transport.
Protect and develop the Principal Bicycle Network to provide high-quality cycling routes that are
direct and connected, to and between key destinations including activity centres, public transport
interchanges, employment areas, urban renewal precincts and major attractions.
Develop Strategic Cycling Corridors by:
Integrating them with stations and major interchanges on the public transport network that
serve places of state signi昀椀cance.
Integrating them with the central city, national employment and innovation clusters, major
activity centres and other destinations of metropolitan or state signi昀椀cance.
Facilitating safer, lower stress and more direct journeys using a combination of cycleways,
cycle paths and shared streets.
Providing the most direct route practical.
Designing transport corridors to prioritise cycling links and cyclists.
Protect Strategic Cycling Corridors from encroachment by development and incompatible interface
treatments such as cross overs.
Support increased cycling by providing:
Cycling routes and cycling infrastructure early in new developments and in in all major transport
projects.
Cycle parking and related end of trip facilities to meet demand at education, recreation, transport,
shopping, commercial, public transport interchanges and community facilities, signi昀椀cant trip
generating developments and other major attractions.
Facilities for cyclists, particularly storage, at public transport interchanges and rail stations.
Vegetation to shade cycling routes.
Policy documents
Principal Bicycle Network (VicRoads, 2012)
Strategic Cycling Corridors (Department of Transport, 2021)
Victorian Cycling Strategy 2018-28 (Transport for Victoria)
Page 139 of 1195

18.02-2R Cycling - Metropolitan Melbourne

09/12/2021
VC204
Strategies
Develop local cycling networks and new cycling facilities that support the development of
20-minute neighbourhoods and that link to and complement the metropolitan-wide network of
bicycle routes - the Principal Bicycle Network
Page 140 of 1195

18.02-3S Public transport

09/12/2021
VC204
Objective
To facilitate an ef昀椀cient and safe public transport network and increase the proportion of trips
made by public transport.
Strategies
Plan and develop public transport to:
Connect activity centres, job-rich areas and outer suburban areas.
Enable people to not have to rely on cars for personal transport.
Integrate bus and tram networks and stops and public transport interchanges in new development
areas, including key urban renewal precincts and outer-suburban areas.
Integrate with land use and development in outer suburban and growth areas.
Protect and develop the Principal Public Transport Network and Regional Rail Network to facilitate:
High quality public transport services that support increased diversity and density of
development, particularly at interchanges, activity centres and where Principal Public Transport
Network routes intersect.
Modern commuter-style public transport services that link Melbourne with the regional growth
areas of Geelong, Bendigo, Ballarat, Seymour and Traralgon.
Service improvements to other regional and rural areas.
A metro-style rail system that provides a very high frequency of service in the Melbourne
metropolitan area.
A new high quality orbital rail (Suburban Rail Loop) through Melbourne’s middle suburbs.
A balance between the rail usage needs of public transport and freight.
Facilitate public transport infrastructure in all major transport projects.
Allocate adequate land and infrastructure to support public transport provision in activity centres,
transport interchanges and major commercial, retail and community facilities.
Locate higher density and increased development on or close to the Principal Public Transport
Network in a way that does not compromise the ef昀椀ciency of the Principal Public Transport
Network.
Support development that facilitates the delivery and operation of public transport services.
Policy documents
Principal Public Transport Network (State Government of Victoria, 2017)
VicTrack Rail Development Interface Guidelines (VicTrack, 2019)
Public Transport Guidelines for Land Use Development (Department of Transport, 2008)
Page 141 of 1195

18.02-3R Principal Public Transport Network

09/12/2021
VC204
Strategies
Facilitate high-quality public transport access to job-rich areas.
Maximise the use of existing infrastructure and increase the diversity and density of
development along the Principal Public Transport Network, particularly at interchanges, activity
centres and where principal public transport routes intersect.
Identify and plan for new Principal Public Transport Network routes.
Support the Principal Public Transport Network with a comprehensive network of local
public transport.
Plan for local bus services to provide for connections to the Principal Public Transport Network.
Improve the operation of the Principal Public Transport Network by providing for:
A metro-style rail system.
Extended tram lines and the establishment of a light rail system.
Road space management measures including transit lanes, clearways, stops and interchanges.
Page 142 of 1195

18.02-4S Roads
20/03/2023
VC229
Objective
To facilitate an ef昀椀cient and safe road network that integrates all movement networks and makes
best use of existing infrastructure.
Strategies
Plan and develop the road network to:
Ensure people are safe on and around roads.
Improve people’s perceptions of safety on and around roads.
Improve road connections for all road users.
Facilitate the use of public transport, cycling and walking.
Integrate new and emerging technologies into road design, including the increasing connectivity
and automation of vehicles.
Accommodate the expansion of the High Productivity Freight Vehicle Network, and oversize
and overmass vehicles.
Protect and develop the Principal Road Network to:
Provide high mobility for through traf昀椀c and the ef昀椀cient movement of freight by facilitating
adequate movement capacity and speeds.
Improve cross-town arterial links in outer suburbs and growth areas, including circumferential
and radial movement to facilitate access to jobs and services.
Limit access points to high-volume, high-speed roads by utilising urban design techniques such
as service roads and internal connector roads.
Improve high-capacity on-road public transport.
Develop declared freeways to:
Link Melbourne with major regional cities, major interstate locations and other key locations
important to the economy along major national and state transport corridors.
Connect and provide access to Principal Transport Gateways and freight-generating areas.
Improve connections to national employment and innovation clusters.
Connect dispersed major residential areas with key destinations and lower density employment
areas.
Avoid private access, except for service centres.
Provide for grade separation at railway crossings, except with the approval of the Minister for
Transport and Infrastructure.
Improve Melbourne’s distinctive, established boulevards by developing a connected, contemporary
network of boulevards within the urban growth boundary.
Design road space to complement land use and meet business and community needs through the
provision of wider footpaths, bicycle lanes, transit lanes (for buses and commercial passenger
vehicles) and freight routes, in line with the designated role of the road.
Design roads to facilitate the safe movement of people and goods while providing places for people
to interact and gather in high pedestrian areas like activity centres, around schools and around
community facilities.
Plan an adequate supply of car parking that is designed and located to:
Protect the role and function of nearby roads.
Page 143 of 1195

Enable the ef昀椀cient movement and delivery of goods.

Facilitate the use of public transport.
Maintain journey times and the reliability of the on-road public transport network.
Protect residential areas from the effects of road congestion created by on-street parking.
Enable easy and ef昀椀cient use.
Achieve a high standard of urban design.
Protect the amenity of the locality, including the amenity of pedestrians and other road users.
Create a safe environment, particularly at night.
Allocate land for car parking considering:
The existing and potential modes of access including public transport.
The demand for off-street car parking.
Road capacity.
The potential for demand-management of car parking.
Consolidate car parking facilities to improve ef昀椀ciency.
Design public car parks to incorporate electric charging facilities to support the use of low-emission
vehicles.
Policy documents
Victorian Road Safety Strategy 2021-2030 (Department of Transport, 2021)
Page 144 of 1195

18.02-5S Freight
09/12/2021
VC204
Objective
To facilitate an ef昀椀cient, coordinated, safe and sustainable freight and logistics system that enhances
Victoria’s economic prosperity and liveability.
Strategies
Plan and develop Victoria’s freight and logistics system to:
Support the movement of freight within Victoria’s freight and logistics system.
Improve freight ef昀椀ciency and capacity.
Manage negative impacts of freight generating activities on urban amenity, the development
of urban areas, and on the ef昀椀cient operation of movement networks.
Prioritise new technologies that enhance road and rail safety, optimise the metropolitan road
network, better manage congestion and reduce supply chain costs.
Accommodate High Productivity Freight Vehicles, and oversize and overmass vehicles.
Increase the capacity of the rail network to carry larger volumes of freight.
Protect and develop the Principal Freight Network, including freight movement corridors and
freight places, and Principal Transport Gateways, by:
Facilitating the movement of high volumes of freight and freight of strategic value.
Linking areas of production and manufacturing to national and international gateways and
export markets.
Increasing the capacity of Principal Transport Gateways and supporting their use and
development as important locations for employment and economic activity.
Designing the Principal Freight Network to adapt to commodity, market and operating changes.
Managing encroachment from incompatible land use and development that would undermine
its ability to operate.
Support the development of freight and logistics precincts in strategic locations within and adjacent
to Principal Transport Gateways and along the Principal Freight Network movement corridors by:
Allocating land for complementary uses and employment-generating activities, such as
distribution and warehousing.
Reserving and appropriately zoning land for interstate freight terminals to support development
that allows for the direct and immediate delivery of goods to market.
Allocating land to allow high-volume freight customers to locate adjacent to interstate freight
terminals, including the Western Interstate Freight Terminal and the Beveridge Interstate Freight
Terminal.
Policy documents
Principal Freight Network (Department of Transport, 2021)
Principal Transport Gateways (Department of Transport, 2021)
Delivering the Goods, Creating Victorian Jobs: Victorian Freight Plan (Department of Economic
Development, Jobs, Transport and Resources, July 2018)
Page 145 of 1195

Principal Transport Gateways
Page 146 of 1195

18.02-5R Freight links - Metropolitan Melbourne

09/12/2021
VC204
Strategy
Ensure suitable sites are provided for intermodal freight terminals at key locations
around Metropolitan Melbourne, particularly for the Beveridge Interstate Freight Terminal and
the Western Interstate Freight Terminal.
Page 147 of 1195

18.02-6S Ports
09/12/2021
VC204
Planning for ports objective
To support the effective and competitive operation of Victoria’s commercial trading ports at local,
national and international levels, and to facilitate their ongoing sustainable operation and
development.
Planning for ports strategies

Provide for the ongoing development of ports at Melbourne, Geelong, Hastings and Portland in
accordance with approved Port Development Strategies.
Identify and protect key transport corridors linking ports to the broader transport network.
Manage any impacts of a commercial trading port and any related industrial development on nearby
sensitive uses to minimise the impact of vibration, light spill, noise and air emissions from port
activities.
Planning for port environs objective

To plan for and manage land near commercial trading ports so that development and use are
compatible with port operations and provide reasonable amenity expectations.
Planning for port environs strategies

Protect commercial trading ports from encroachment of sensitive and incompatible land uses in
the port environs.
Plan for and manage land in the port environs to accommodate uses that depend upon, or gain
signi昀椀cant economic advantage from, proximity to the port’s operations.
Ensure that industrially zoned land within the environs of a commercial trading port is maintained
and continues to support the role of the port as a critical freight and logistics precinct.
Identify and protect key transport corridors linking ports to the broader transport network.
Ensure any new use or development within the environs of a commercial trading port does not
prejudice the ef昀椀cient and curfew-free operations of the port.
Ensure that the use and intensity of development does not expose people to unacceptable health
or safety risks and consequences associated with an existing major hazard facility.
Ensure that any use or development within port environs:
Is consistent with policies for the protection of the environment.
Takes into account planning for the port.
Policy documents
Statement of Planning Policy No 1 - Western Port (1970-varied 1976)
2018 Port Development Strategy (Port of Hastings Development Authority, December 2018)
Port of Geelong Port Development Strategy 2018 (Victorian Regional Channels Authority,
2018)
2050 Port Development Strategy, 2020 edition (Port of Melbourne, 2020)
Port of Portland – Port Development Strategy (Port of Portland, 2019)
Page 148 of 1195

18.02-7S Airports and airfields

18/05/2022
VC218
Objective
To strengthen the role of Victoria’s airports and air昀椀elds within the state's economic and transport
infrastructure, guide their siting and expansion, and safeguard their ongoing, safe and
ef昀椀cient operation.
Strategies
Protect airports and air昀椀elds from incompatible land use and development.
Prevent land use or development that poses risks to the safety or ef昀椀ciency of an airport or air昀椀eld,
including any of the following risks:
Building-generated windshear and turbulence.
Increased risk of wildlife strike.
Pilot distraction from lighting.
Intrusion into protected airspace.
Interference with communication, navigation and surveillance facilities.
Increased risk to public safety at the end of runways.
Minimise the detrimental effects of aircraft noise when planning for areas around airports and
air昀椀elds.
Limit the intensi昀椀cation of noise-sensitive land uses, and avoid zoning or overlay changes that
allow noise-sensitive land use and development, where ultimate capacity or long-range noise
modelling indicates an area is within a 20 Australian Noise Exposure Forecast (ANEF) contour
or higher.
Avoid zoning or overlay changes that allow noise-sensitive land uses outside the Urban Growth
Boundary, and encourage measures to reduce the impact of aircraft noise in planning for areas
within the Urban Growth Boundary, where ultimate capacity or long-range noise modelling indicates
an area is within ‘number above’ contours (N Contours) representing:
20 or more daily events greater than 70 dB(A).
50 or more daily events of greater than 65 dB(A).
100 or more daily events greater than 60 dB(A).
6 events or more between the hours of 11pm to 6am greater than 60 dB(A).
Ensure land use and development at airports and air昀椀elds contributes to the aviation needs of the
state and the ef昀椀cient and functional operation of the airport or air昀椀eld.
Ensure land use and development at airports complements the role of the airport including as listed
below:
Melbourne Airport – major domestic and international airport with no curfew, 24-hour access,
freight capability and an adjoining employment precinct.
Avalon Airport – domestic and international airport with no curfew, 24-hour access, freight
capability and an adjoining employment precinct.
Essendon Fields Airport – a general aviation airport that is an important regional and state
aviation asset with specialised functions, including executive charter, emergency aviation
services, freight, logistics and an adjoining employment precinct.
Page 149 of 1195

Moorabbin Airport – a general aviation airport that is an important regional and state aviation
asset supporting the state's aviation industry and access to regional Victoria.
Point Cook Air昀椀eld – an operating airport complementary to Moorabbin Airport.
Plan for areas around airports and air昀椀elds so that land use or development does not prejudice
future airport or air昀椀eld operations or expansions in accordance with an approved strategy or
master plan for that airport or air昀椀eld.
Preserve long-term options for a new general aviation airport south-east of metropolitan Melbourne
by ensuring urban land use and development does not infringe on possible sites, buffer zones or
昀氀ight paths.
Avoid the location of new airports and air昀椀elds in areas that have greater long-term value to the
community for other purposes.
Ensure that in the planning of airports and air昀椀elds, land use decisions are integrated, appropriate
land use buffers are in place and provision is made for associated businesses that service airports.
Plan the location of airports and air昀椀elds, nearby existing and potential development, and the
land-based transport system required to serve them, as an integrated operation.
Plan the visual amenity and impact of any land use or development on the approaches to an airport
or air昀椀eld to be consistent with the status of the airport or air昀椀eld.
Policy documents
National Airports Safeguarding Framework (as agreed by Commonwealth, State and Territory
Ministers at the meeting of the Standing Council on Transport and Infrastructure on 18 May
2012)
Avalon Airport Master Plan (Avalon Airport Australia Pty Ltd, 2015)
Avalon Airport Strategy (Department of Business and Employment/Aerospace Technologies
of Australia, 1993) and its associated Aircraft Noise Exposure Concepts
Melbourne Airport Strategy (Government of Victoria/Federal Airports Corporation, approved
1990) and its associated Final Environmental Impact Statement
18.02-7R Melbourne Airport

20/03/2023
VC229
Strategies
Protect the curfew-free status of Melbourne Airport and ensure any new use or development does
not prejudice its operation or optimum usage.
Policy documents
Melbourne Airport Master Plan 2022 (Australia Paci昀椀c Airports (Melbourne) Pty Ltd)
Melbourne Airport Strategy (Government of Victoria/Federal Airports Corporation, approved
1990) and its associated Final Environmental Impact Statement
Page 150 of 1195

19 INFRASTRUCTURE
10/06/2022
VC216 Planning for development of social and physical infrastructure should enable it to be provided in
a way that is ef昀椀cient, equitable, accessible and timely.
Planning is to recognise social needs by providing land for a range of accessible community
resources, such as education, cultural, health and community support (mental health, aged care,
disability, youth and family services) facilities.
Planning should ensure that the growth and redevelopment of settlements is planned in a manner
that allows for the logical and ef昀椀cient provision and maintenance of infrastructure, including the
setting aside of land for the construction of future transport routes.
Planning should facilitate ef昀椀cient use of existing infrastructure and human services. Providers of
infrastructure, whether public or private bodies, are to be guided by planning policies and should
assist strategic land use planning.
Planning should minimise the impact of use and development on the operation of major
infrastructure of national, state and regional signi昀椀cance, including communication networks and
energy generation and distribution systems.
Infrastructure planning should avoid, minimise and offset environmental impacts, and incorporate
resilience to natural hazards, including future climate change risks.
Planning authorities should consider the use of development and infrastructure contributions in
the funding of infrastructure.
Page 151 of 1195

19.01 ENERGY
31/07/2018
VC148
Page 152 of 1195

19.01-1S Energy supply

14/08/2023
VC236
Objective
To facilitate appropriate development of energy supply infrastructure.
Strategies
Support the development of energy generation, storage, transmission, and distribution infrastructure
to transition to a low-carbon economy.
Develop appropriate infrastructure to meet community demand for energy services.
Ensure energy generation, storage, transmission and distribution infrastructure and projects are
resilient to the impacts of climate change.
Facilitate the production and distribution of zero emission gases and fuels.
Support energy infrastructure projects in locations that minimise land use con昀氀icts and that take
advantage of existing resources and infrastructure networks.
Facilitate energy infrastructure projects that help diversify local economies and improve
sustainability and social outcomes.
Facilitate renewable energy generation and storage to meet on-site energy needs.
Policy guidelines
The long-term emissions reduction target speci昀椀ed in section 6 of Part 2 of the Climate Change
Act 2017.
Interim emissions reduction targets determined under Division 2 of Part 2 of the Climate Change
Act 2017.
Adaptation action plans prepared under Division 2 of Part 5 of the Climate Change Act 2017.
Page 153 of 1195

19.01-2S Renewable energy

28/10/2022
VC224
Objective
To support the provision and use of renewable energy in a manner that ensures appropriate siting
and design considerations are met.
Strategies
Facilitate renewable energy development in appropriate locations.
Protect renewable energy infrastructure against competing and incompatible uses.
Set aside suitable land for future renewable energy infrastructure.
Consider the economic, social and environmental bene昀椀ts to the broader community of renewable
energy generation while also considering the need to minimise the effects of a proposal on the
local community and environment.
Support wind energy facilities in locations with consistently strong winds over the year.
Policy documents
Policy and Planning Guidelines for Development of Wind Energy Facilities in Victoria
(Department of Environment, Land, Water and Planning, November 2021)
Solar Energy Facilities Design and Development Guideline (Department of Environment, Land,
Water and Planning, October 2022)
Victoria's Climate Change Strategy (Department of Environment, Land, Water and Planning,
May 2021)
Community Engagement and Bene昀椀t Sharing in Renewable Energy Development in
Victoria (Department of Environment, Land, Water and Planning, July 2021)
Page 154 of 1195

19.01-2R Renewable energy - Metropolitan Melbourne

31/07/2018
VC148
Strategy
Facilitate the uptake of renewable energy technologies on a site-by-site and neighbourhood level
during the master planning of new communities and in green wedge and peri-urban areas.
Page 155 of 1195

19.01-3S Pipeline infrastructure

31/07/2018
VC148
Objective
To ensure that gas, oil and other substances are safely delivered to users and to and from port
terminals at minimal risk to people, other critical infrastructure and the environment.
Strategies
Plan for the development of pipeline infrastructure subject to the Pipelines Act 2005.
Recognise existing transmission-pressure gas pipelines in planning schemes and protect from
further encroachment by residential development or other sensitive land uses, unless suitable
additional protection of pipelines is provided.
Plan new pipelines along routes with adequate buffers to residences, zoned residential land and
other sensitive land uses and with minimal impacts on waterways, wetlands, 昀氀ora and fauna,
erosion prone areas and other environmentally sensitive sites.
Provide for environmental management during construction and on-going operation of pipeline
easements.
Page 156 of 1195

19.02 COMMUNITY INFRASTRUCTURE

31/07/2018
VC148
Page 157 of 1195

19.02-1S Health facilities

31/07/2018
VC148
Objective
To assist the integration of health facilities with local and regional communities.
Strategies
Facilitate the location of health and health-related facilities (including acute health, aged care,
disability services and community care facilities) taking into account demographic trends, the
existing and future demand requirements and the integration of services into communities.
Plan public and private developments together, where possible, including some degree of 昀氀exibility
in use.
Locate hospitals and other large health facilities in designated health precincts and areas highly
accessible to public and private transport.
Provide adequate car parking for staff and visitors of health facilities.
Page 158 of 1195

19.02-1R Health precincts - Metropolitan Melbourne

31/07/2018
VC148
Strategies
Facilitate health and community wellbeing precincts through the co-location of:
Hospitals, allied health services and not-for-pro昀椀t health providers at the regional level.
General practitioners, community health facilities, allied health services and not-for-pro昀椀t
health providers at the neighbourhood level.
Create health precincts in new suburbs in or close to town centres.
Ensure health precincts are well serviced by community services.
Page 159 of 1195

19.02-2S Education facilities

29/09/2022
VC222
Objective
To assist the integration of education and early childhood facilities with local and regional
communities.
Strategies
Consider demographic trends, existing and future demand requirements and the integration of
facilities into communities in planning for the location of education and early childhood facilities.
Locate childcare, kindergarten and primary school facilities to maximise access by public transport
and safe walking and cycling routes.
Ensure childcare, kindergarten and primary school and secondary school facilities provide safe
vehicular drop-off zones.
Facilitate the establishment and expansion of primary and secondary education facilities to meet
the existing and future education needs of communities.
Recognise that primary and secondary education facilities are different to dwellings in their purpose
and function and can have different built form (including height, scale and mass).
Locate secondary school and tertiary education facilities in designated education precincts and
areas that are highly accessible to public transport.
Locate tertiary education facilities within or adjacent to activity centres.
Ensure streets and accessways adjoining education and early childhood facilities are designed to
encourage safe bicycle and pedestrian access.
Consider the existing and future transport network and transport connectivity.
Develop libraries as community based learning centres.
Co-locate a kindergarten facility with all new Victorian Government primary schools.
Page 160 of 1195

19.02-2R Education precincts - Metropolitan Melbourne

31/07/2018
VC148
Strategy
Ensure education precincts are well serviced by community services.
Page 161 of 1195

19.02-3S Cultural facilities

31/07/2018
VC148
Objective
To develop a strong cultural environment and increase access to arts, recreation and other cultural
facilities.
Strategies
Encourage a wider range of arts, cultural and entertainment facilities including cinemas, restaurants,
nightclubs and live theatres in the Central City and at Metropolitan Activity Centres.
Reinforce the existing major precincts for arts, sports and major events of state wide appeal.
Establish new facilities at locations well served by public transport.
Page 162 of 1195

19.02-3R Cultural facilities - Metropolitan Melbourne

31/07/2018
VC148
Strategies
Maintain and strengthen Melbourne’s distinctiveness as a leading cultural and sporting city with
world-class facilities.
Page 163 of 1195

19.02-4S Social and cultural infrastructure

31/07/2018
VC148
Objective
To provide fairer distribution of and access to, social and cultural infrastructure.
Strategies
Identify and address gaps and de昀椀ciencies in social and cultural infrastructure, including additional
regionally signi昀椀cant cultural and sporting facilities.
Encourage the location of social and cultural infrastructure in activity centres.
Ensure social infrastructure is designed to be accessible.
Ensure social infrastructure in growth areas, is delivered early in the development process and in
the right locations.
Plan and design community places and buildings so they can adapt as the population changes and
different patterns of work and social life emerge.
Support innovative ways to maintain equitable service delivery to settlements that have limited or
no capacity for further growth, or that experience population decline.
Identify and protect land for cemeteries and crematoria.
Page 164 of 1195

19.02-5S Emergency services

31/07/2018
VC148
Objective
To ensure suitable locations for police, 昀椀re, ambulance and other emergency services.
Strategies
Ensure police, 昀椀re, ambulance and other emergency services are provided for in or near activity
centres.
Locate emergency services together in newly developing areas.
Page 165 of 1195

19.02-6S Open space

31/07/2018
VC148
Objective
To establish, manage and improve a diverse and integrated network of public open space that
meets the needs of the community.
Strategies
Plan for regional and local open space networks for both recreation and conservation of natural
and cultural environments.
Ensure that open space networks:
Are linked, including through the provision of walking and cycling trails.
Are integrated with open space from abutting subdivisions.
Incorporate, where possible, links between major parks and activity areas, along waterways
and natural drainage corridors, connecting places of natural and cultural interest.
Maintain public accessibility on public land immediately adjoining waterways and coasts.
Create opportunities to enhance open space networks within and between settlements.
Ensure that land is set aside and developed in residential areas for local recreational use and to
create pedestrian and bicycle links to commercial and community facilities.
Ensure that land use and development adjoining regional open space networks, national parks and
conservation reserves complements the open space in terms of visual and noise impacts, preservation
of vegetation and treatment of waste water to reduce turbidity and pollution.
Improve the quality and distribution of open space and ensure long-term protection.
Protect large regional parks and signi昀椀cant conservation areas.
Ensure land identi昀椀ed as critical to the completion of open space links is transferred for open space
purposes.
Ensure that where there is a reduction of open space due to a change in land use or occupation,
additional or replacement parkland of equal or greater size and quality is provided.
Ensure that urban open space provides for nature conservation, recreation and play, formal and
informal sport, social interaction, opportunities to connect with nature and peace and solitude.
Accommodate community sports facilities in a way that is not detrimental to other park activities.
Ensure open space provision is fair and equitable with the aim of providing access that meets the
needs of all members of the community, regardless of age, gender, ability or a person’s location.
Develop open space to maintain wildlife corridors and greenhouse sinks.
Provide new parkland in growth areas and in areas that have an undersupply of parkland.
Encourage the preparation of management plans or explicit statements of management objectives
for urban parks.
Ensure exclusive occupation of parkland by community organisations is restricted to activities
consistent with management objectives of the park to maximise broad community access to open
space.
Ensure the provision of buildings and infrastructure is consistent with the management objectives
of the park.
Ensure public access is not prevented by developments along stream banks and foreshores.
Ensure public land immediately adjoining waterways and coastlines remains in public ownership.
Plan open space areas for multiple uses, such as community gardens, sports and recreation, active
transport routes, wildlife corridors and 昀氀ood storage basins.
Page 166 of 1195

19.02-6R Open space - Metropolitan Melbourne

03/02/2022
VC199
Objective
To strengthen the integrated metropolitan open space network.
Strategies
Develop a network of local open spaces that are accessible and of high-quality and include
opportunities for new local open spaces through planning for urban redevelopment projects.
Ensure major open space corridors are protected and enhanced.
Develop open space networks in growth areas and in the surrounding region of Metropolitan
Melbourne, where existing open space is limited and demand is growing, including:
Cardinia Creek Parklands.
Cranbourne Regional Park.
Kororoit Creek Corridor.
Quarry Hills Regional Park.
Chain of Parks - Sandbelt.
Sunbury Regional Park - Jacksons Creek Valley.
Toolern Creek Regional Park.
Werribee Township Regional Park.
Create continuous open space links and trails along the:
Frankston parklands (linking existing parks from Carrum to Mornington).
Maribyrnong River parklands.
Merri Creek parklands (extending to Craigieburn).
Western Coastal parklands (linking Point Gellibrand, Point Cook and Werribee).
Yarra River parklands (extending from Warrandyte to the Port Phillip Bay).
Provide long term planning protection to meet demand for future open space along the Plenty
Gorge parklands, Yarra Valley parklands, Cardinia Creek parklands, Heatherton/Dingley ‘Sandbelt’
parklands and Dandenong Valley parklands.
Protect the metropolitan water’s edge parklands from intrusion and encroachment of development
that impacts on open space and their natural landscape setting.
Continue development of the lower Yarra River as a focus for sport, entertainment and leisure.
Support establishing community gardens and productive streetscapes.
Policy documents
Open Space for Everyone: Open Space Strategy for Metropolitan Melbourne 2021 (Department
of Environment, Land, Water and Planning, 2021)
Maribyrnong River – Vision for Recreational and Tourism Development (Melbourne Parks
and Waterways, 1996)
Maribyrnong River Valley Design Guidelines (Department of Planning and Community
Development, 2010)
Page 167 of 1195

19.03 DEVELOPMENT INFRASTRUCTURE

31/07/2018
VC148
Page 168 of 1195

19.03-1S Development and infrastructure contributions plans

24/01/2020
VC160
Objective
To facilitate the timely provision of planned infrastructure to communities through the preparation
and implementation of development contributions plans and infrastructure contributions plans.
Strategies
Prepare development contributions plans and infrastructure contributions plans, under the Planning
and Environment Act 1987, to manage contributions towards infrastructure.
Collect development contributions on the basis of approved development and infrastructure
contributions plans.
Require annual reporting by collecting and development agencies to monitor the collection and
expenditure of levies and the delivery of infrastructure.
Policy documents
Development Contributions Guidelines (Department of Sustainability and Environment, 2003
-as amended 2007)
Infrastructure Contributions Plan Guidelines (Department of Environment, Land, Water and
Planning, November 2019)
Ministerial Direction on the Preparation and Content of Development Contribution Plans and
Reporting Requirements for Development Contributions Plans
Ministerial Direction on the Preparation and Content of Infrastructure Contribution Plans and
Reporting Requirements for Infrastructure Contributions Plans
Page 169 of 1195

19.03-2S Infrastructure design and provision

09/10/2020
VC169
Objective
To provide timely, ef昀椀cient and cost-effective development infrastructure that meets the needs of
the community.
Strategies
Provide an integrated approach to the planning and engineering design of new subdivision and
development.
Integrate developments with infrastructure and services, whether they are in existing suburbs,
growth areas or regional towns.
Page 170 of 1195

19.03-3S Integrated water management

10/06/2022
VC216
Objective
To sustainably manage water supply and demand, water resources, wastewater, drainage and
stormwater through an integrated water management approach.
Strategies
Plan and coordinate integrated water management, bringing together stormwater, wastewater,
drainage, water supply, water treatment and re-use, to:
Take into account the catchment context.
Protect downstream environments, waterways and bays.
Manage and use potable water ef昀椀ciently.
Reduce pressure on Victoria's drinking water supplies.
Minimise drainage, water or wastewater infrastructure and operational costs.
Minimise 昀氀ood risks.
Provide urban environments that are more resilient to the effects of climate change.
Integrate water into the landscape to facilitate cooling, local habitat improvements and provision
of attractive and enjoyable spaces for community use.
Facilitate use of alternative water sources such as rainwater, stormwater, recycled water and run-off
from irrigated farmland.
Ensure that development protects and improves the health of water bodies including creeks, rivers,
wetlands, estuaries and bays by:
Minimising stormwater quality and quantity related impacts.
Filtering sediment and waste from stormwater prior to discharge from a site.
Managing industrial and commercial toxicants in an appropriate way.
Requiring appropriate measures to mitigate litter, sediment and other discharges from
construction sites.
Manage stormwater quality and quantity through a mix of on-site measures and developer
contributions at a scale that will provide greatest net community bene昀椀t.
Provide for sewerage at the time of subdivision or ensure lots created by the subdivision are capable
of adequately treating and retaining all domestic wastewater within the boundaries of each lot.
Ensure land is set aside for water management infrastructure at the subdivision design stage.
Minimise the potential impacts of water, sewerage and drainage assets on the environment.
Protect signi昀椀cant water, sewerage and drainage assets from encroaching sensitive and incompatible
uses.
Protect areas with potential to recycle water for forestry, agriculture or other uses that can use
treated ef昀氀uent of an appropriate quality.
Ensure that the use and development of land identi昀椀es and appropriately responds to potential
environmental risks, and contributes to maintaining or improving the environmental quality of
water and groundwater.
Policy guidelines
Any applicable Sustainable Water Strategy endorsed under Division 1B of Part 3 of the Water
Act 1989.
Page 171 of 1195

Policy documents
Water for Victoria - Water Plan (Victorian Government, 2016)
Urban Stormwater - Best Practice Environmental Management Guidelines (Victorian Stormwater
Committee, 1999)
Planning Permit Applications in Open, Potable Water Supply Catchment Areas (Department
of Sustainability and Environment, 2012)
Victorian guideline for water recycling (Publication 1910, Environment Protection Authority,
March 2021)
Technical information for the Victorian guideline for water recycling (Publication 1911,
Page 172 of 1195

19.03-4S Telecommunications
04/11/2022
VC226
Objective
To facilitate the orderly development, extension and maintenance of telecommunications
infrastructure.
Strategies
Facilitate the upgrading and maintenance of telecommunications facilities.
Ensure that modern telecommunications facilities are widely accessible and that the
telecommunications needs of business, domestic, entertainment and community services are met.
Encourage the continued deployment of telecommunications facilities that are easily accessible
by:
Increasing and improving access for all sectors of the community to the telecommunications
network.
Supporting access to transport and other public corridors for the deployment of
telecommunications networks in order to encourage infrastructure investment and reduce
investor risk.
Ensure a balance between the provision of telecommunications facilities and the need to protect
the environment from adverse impacts arising from telecommunications infrastructure.
Co-locate telecommunications facilities wherever practical.
Planning should have regard to national implications of a telecommunications network and the
need for consistency in infrastructure design and placement.
Page 173 of 1195

19.03-4R Telecommunications - Metropolitan Melbourne

26/10/2018
VC154
Strategy
Support the provision of high-quality telecommunications infrastructure in Melbourne’s
employment, urban renewal and growth areas through early planning for 昀椀bre-ready facilities and
wireless infrastructure.
Page 174 of 1195

19.03-5S Waste and resource recovery

14/11/2022
VC227
Objective
To reduce waste and maximise resource recovery to reduce reliance on land昀椀lls and minimise
environmental, amenity and public health impacts.
Strategies
Ensure future waste and resource recovery infrastructure needs are identi昀椀ed and planned for to
safely and sustainably manage all waste streams and maximise opportunities for resource recovery.
Ensure the long-term viability of waste and resource recovery infrastructure (including state and
regional waste and resource recovery hubs) is secured through the use of de昀椀ned buffer areas that
protect against encroachment from incompatible land uses.
Ensure waste and resource recovery facilities are sited, designed, built and operated so as to
minimise impacts on surrounding communities and the environment.
Enable waste and resource recovery facilities to be located in proximity to other related facilities
and to materials' end-market destinations, to reduce the impacts of waste transportation and improve
the economic viability of resource recovery.
Site, design, manage and rehabilitate waste disposal facilities to prevent or minimise contamination
of groundwater and surface waters, litter, odour, dust and noise.
Integrate waste and resource recovery infrastructure planning with land use and transport planning.
Encourage technologies that increase recovery and treatment of resources to produce high
value, marketable end products.
Encourage development that facilitates sustainable waste and resource recovery, including facilities
for Victoria’s container deposit scheme.
Policy guidelines
Any applicable Regional Waste and Resource Recovery Implementation Plan.
Policy documents
Statewide Waste and Resource Recovery Infrastructure Plan (Sustainability Victoria, 2018)
Management and storage of combustible recyclable and waste materials - guideline (Publication
1667, Environment Protection Authority, October 2018)
Best Practice Environmental Management Guideline (Siting, Design, Operation and
Rehabilitation of Land昀椀lls) (Environment Protection Authority, 2015)
Designing, Constructing and Operating Composting Facilities (Publication 1588, Environment
Protection Authority, June 2015)
Waste Management and Recycling in Multi-unit Developments. Better
Practice Guide (Sustainability Victoria, 2019)
Recycling Victoria A New Economy (DELWP, February 2020)
Page 175 of 1195

20 LOCAL PLANNING POLICY FRAMEWORK

31/07/2018
VC148 This section sets out the Municipal Strategic Statement and the Local Planning Policies that apply
to the area covered by this planning scheme, and includes provisions about their operation.
Page 176 of 1195

21 MUNICIPAL STRATEGIC STATEMENT

17/08/2006
C50(Part 1) The Municipal Strategic Statement has been developed as the overall land use strategy for the City
of Whitehorse. The Statement is to be read in conjunction with Council’s Council Plan which
provides the overall corporate direction for the municipality.
Clause 21.01
Provides a brief pro昀椀le of the municipality.
Clause 21.02
Identi昀椀es three strategic issues that need to be addressed arising from this pro昀椀le. These three
issues are listed in accordance with their classi昀椀cation in the State Planning Policy Framework
(SPPF) – Environment; Settlement (Housing); and Economic Development.
Clause 21.03
Contains the vision for the City based on the Council Plan.
Clause 21.04
Identi昀椀es how the three key issues are addressed in the remainder of the Statement (at Clauses
21.05; 21.06; 21.07) as follows:
Overview: a brief overview of the topic area.

Key Strategic a summary of the key issues facing the municipality in regard to the specific land use
Issues: consideration.
Objectives: the general aims or ambitions for the future.
Strategies: the ways in which the current situation will be moved towards its desired future to meet the
objectives.
Implementation: the means by which the strategies will be implemented.
Further a Council work program for future research.
Strategic Work:
Reference a list of reports, strategies, and documents that contain relevant background research,
Documents: recommendations and actions.
In addition, these issues are represented on the Strategic Framework Plan.
Clause 21.05
Contains Council’s environment strategy and describes the way in which this strategy will be
implemented.
Clause 21.06
Describes Council’s housing strategy and describes the way in which this strategy will be
implemented.
Clause 21.07
Describes Council’s economic development strategy and describes the way in which this strategy
will be implemented.
Clause 21.08
Describes Council’s infrastructure strategy and describes the way in which this strategy will be
implemented.
Clause 21.09
Describes the manner in which Council will review and monitor the performance of the Whitehorse
Planning Scheme.
Page 177 of 1195

21.01 MUNICIPAL PROFILE

10/06/2021
C213whse The City of Whitehorse is approximately 65 square kilometres in area, and is generally bounded
by Highbury Road, Warrigal Road, Union Road, the Eastern Freeway, Heatherdale Road and the
Dandenong Creek. The western boundary of the City is 12 kilometres east of Melbourne. The
Strategic Framework Plan at Clause 21.04 shows the extent of the municipality.
The City hosts many activities of importance to the Eastern region of Melbourne and several of
State importance. These are viewed as strengths, which the City can build upon, including:
Box Hill Metropolitan Activity Centre and its provision of important education, health and
commercial facilities. These include the Box Hill Institute, Box Hill and Epworth Hospitals
and a branch of the Australian Taxation Of昀椀ce.
MegaMile Activity Centre along Whitehorse Road is a focus for bulky goods retailing and
motor vehicle sales. It serves a substantial catchment area attracting people from throughout
metropolitan Melbourne and regional Victoria.
Burwood Heights Activity Centre at the intersection of Burwood Highway and Middleborough
Road, which includes a 20 hectare ‘former brickworks’ strategic redevelopment site and the
potential to provide a signi昀椀cant mixed use activity centre.
Regional Parks and Gardens such as Blackburn Lake Sanctuary, Wattle Park, Box Hill and
Morack Golf Courses, the Dandenong Creek, Gardiners Creek, Schwerkolt Cottage and Yarran
Dheran. All are individual in character and attract people from throughout Melbourne. They
are part of important open space linkages, some continuing through to neighbouring
municipalities.
The City is characterised by pleasantly undulating topography, with some steeply sloping areas,
enhanced by a range of native and exotic landscapes. Trees are an integral aspect of the City and
are a key determinant of the character of the residential areas of the city. Parts of the municipality
are dominated by an upper tree canopy which covers a signi昀椀cant proportion of the City, ranging
from the exotic tree lined streets of Mont Albert to the native trees in areas of Blackburn, Blackburn
North, Vermont and Mitcham. There is a bushland appearance in parts of the City that is uncommon
in middle ring suburbs of the metropolitan area.
Signi昀椀cant natural environmental assets are evident in the City including areas of remnant
vegetation at Bellbird Dell, Cootamundra Walk, Wandinong Sanctuary, Wurundjeri Walk, Yarran
Dheran, Antonio Park and the Blackburn Lake area. In these areas, the tree canopy cover is extensive
and large mature trees dominate. The waterways of Gardiners, Mullum Mullum, Dandenong and
Koonung Creeks are signi昀椀cant environmental, landscape and recreation locations. These creeks
form part of an advanced open space network that is highly valued by the community. The
municipality also contains many places of historical signi昀椀cance. These structures, natural features,
buildings and areas provide a snapshot into the City’s past and trace the development of the City
from its agricultural origins to the post war housing boom.
The City is typical of middle ring Melbourne areas in that it is dominated by detached dwellings.The
City provides for a variety of living environments ranging from the tree lined streets of Mont
Albert, the bushland setting around Blackburn Lake to higher density housing around Box Hill.
In 2011, around 74% of the housing stock was detached housing. There has been an annual net
addition of 357 new dwellings developed in the City between 2001 and 2011. Medium density
development in the City has been strong in recent years and reductions in household size, greater
numbers of single parent families and older single person households is likely to mean that the
demand for smaller dwelling sites with less garden maintenance will increase over the next decade.
The estimated population of the City of Whitehorse in 2013 was approximately 158,992 people.
In the future the City’s population is expected to change with the over 60 year old cohort anticipated
to increase by 25% to 2031, alongside a large increase in persons aged between 20 and 39 years.
The growth in young adults can be attributed to Whitehorse’s housing opportunities and tertiary
Page 178 of 1195

education facilities. Strong housing development will contribute to a more diverse housing stock
to meet socio demographic changes but must be carefully managed to respect the character of
residential neighbourhoods.
The City of Whitehorse has a $7.2 billion economy that is strategically integrated into the wider
regional economy. There are approximately 61,000 jobs within the City supported by a large
proportion of the local workforce. There are also approximately 9,000 businesses operating in the
City. Whitehorse’s gross regional product is estimated at $8.4 billion which represents 17% of
Melbourne’s Eastern gross regional product, 2.4% of Victoria’s gross state product and 0.53% of
Australia’s gross regional product. Almost 20% of Whitehorse’s gross regional product is
contributed by the Box Hill Metropolitan Activity Centre.
Manufacturing remains a major contributor to Whitehorse’s revenue generation (output) (14.3%).
This is followed by Rental, Hiring & Real Estate Services (9.6%), Wholesale Trade (8.8%),
Professional, Scienti昀椀c & Technical Services (8.4%) and Health Care & Social Assistance (7.2%).
In terms of employment, 16.6% of jobs in Whitehorse are in Health Care & Social Assistance,
followed by Education & Training (12%), Retail Trade (11.7%), Professional, Scienti昀椀c & Technical
Services (8.2%) and Public Administration & Safety (7%).
There are numerous activity centres in the municipality providing a range of roles and functions.
The Metropolitan Activity Centre (MAC) of Box Hill plays a major service delivery role for a
subregional catchment. Large Activity Centres at Forest Hill, Burwood Heights, Tally Ho (East
Burwood) and Nunawading MegaMile each have their own attributes and functions. A range of
neighbourhood activity centres form a more localised focus for commercial and retail activities.
These range in scale from Burwood One (Kmart Plaza) to Mitcham and Blackburn. Deakin
University is designated as an Education Precinct and Box Hill as a Health/Education Precinct in
Plan Melbourne.
The future role and function of activity centres throughout the municipality will be in昀氀uenced by
Plan Melbourne which places considerable emphasis on activity centres as the focus of new
development and as an essential element of policies regarding sustainability, reducing the dominance
of car travel, and in building a sense of community and a sense of place. Together all of these
activity centres will contribute to the creation of ‘20 minute neighbourhoods’ across Melbourne.
The structure planning process, including the involvement of the community and other stakeholders,
will be the means by which the opportunities available in centres are identi昀椀ed and realised.
The City has one of the biggest concentrations of of昀椀ce space in Melbourne outside of the
Melbourne Central Business District and St Kilda Road with major of昀椀ce centres at Box Hill,
Tally Ho Activity Centre and Greenwood of昀椀ce parks. Demand for of昀椀ce space remains high.
Industrial activity in the City is a highly important part of the regional economy and provides
signi昀椀cant employment opportunities for the local area and the Eastern region. Major industrial
precincts include Rooks Road, Middleborough Road, Redland Drive Estate, Joseph Street and
Lexton Road. While manufacturing continues to contribute strongly to local output, the number
of jobs in the sector declined by 25% between 2006 and 2011.
The City contains several large educational and health institutions that employ a signi昀椀cant number
of people and generate a substantial amount of economic activity within the City. These institutions
include the Box Hill Institute, Deakin University, Box Hill Hospital, Epworth Private Hospital
and Mitcham Private Hospital, all of which have experienced considerable growth over recent
years. There are several other private educational as well as specialised institutions particularly in
the west of the municipality that serve regional catchments.
The City is served by an excellent transport system that provides strong links to the wider
metropolitan region and is an important part of the Principal Public Transport Network.
Major public transport facilities include the city to Lilydale/Belgrave rail line, with seven stations
in Whitehorse extending from Mont Albert to Heatherdale. This infrastructure has been the catalyst
for a signi昀椀cant amount of industrial, commercial and residential development.
Page 179 of 1195

The municipality bene昀椀ts from the Vermont South to city tram line which extends from Warrigal
Road to Hanover Road, servicing major institutions such as Deakin University, several private
schools, Greenwood Of昀椀ce Park, Burwood Heights Activity Centre, Burwood One, Tally Ho
Activity Centre and Vermont South Neighbourhood Activity Centre. There is also a tram route
connecting the Box Hill MAC to the city. This route reinforces Box Hill’s role as a major regional
transport interchange.
These important elements of the Principal Public Transport Network, which also include Smart
Bus Routes along Springvale, Blackburn and Warrigal Roads, are key criteria for the assessment
of applications for additional housing and employment generators.
The City is well served by the arterial road network and freeway linkages. The Eastern Freeway
and Eastlink provide excellent accessibility between the municipality and Melbourne Central
Business District for residents and businesses.
An increasing number of bicycle trails provide linkages to major open space and recreation facilities
and provide an alternative form of transport for the community.
Page 180 of 1195

21.02 KEY ISSUES

17/08/2006
C50(Part 1) Key land use issues arising out of this brief pro昀椀le can be summarised under the following headings
which will be used as the four themes throughout the MSS:
Environment
Housing
Economic Development
Infrastructure
Page 181 of 1195

21.03 A VISION FOR THE CITY OF WHITEHORSE

14/07/2016
C177 The 2013-2017 Council Plan has set the scene for the adoption of an integrated approach to
planning. The “vision” in the Council Plan is:
We aspire to be a healthy, vibrant, prosperous and sustainable community supported by strong
leadership and community partnerships.
The Council Plan sets the strategic directions that Council will pursue over the next four years as
follows:
Support a healthy, vibrant, inclusive and diverse community;
Maintain and enhance our built environment to ensure a liveable and sustainable city;
Protect and enhance our open space and natural environments;
Strategic leadership and open and accessible government; and
Support a healthy local economy.
The Council Plan sets the strategic objectives that Council will pursue over the next four years as
follows:
Appropriate multipurpose programs, services, facilities and initatives that promote and deliver
wellbeing and inclusive connected communities;
Maintain, develop and enhance our built environment;
Increase in the amount of quality open space and improvement in the sustainability of our
natural environment;
Strong leadership and governance in partnership with the community and supported through
regional collaboration and cooperation; and
Dynamic local economic environment that is regionally connected.
The 昀椀ve strategic objectives contained within the Council Plan each have a number of strategies
set out to achieve them which seek to address the real needs of the community, and focus on the
future development of the City. These strategies identify speci昀椀c Council commitments in relation
to environmental, community, economic sustainability and governance matters.
The Municipal Public Health and Wellbeing Plan is an overarching document that together with
the Municipal Strategic Statement and Council Plan and Vision, guides decision making in
Whitehorse.
The Municipal Strategic Statement reinforces all of the key themes in the Council Plan. The
Municipal Strategic Statement will concentrate on the key land use issues identi昀椀ed at Clause
21.02 of the Whitehorse Planning Scheme.
Page 182 of 1195

21.04 STRATEGIC DIRECTIONS

24/09/2015
C162 A series of objectives, strategies and implementation mechanisms reinforce the City of Whitehorse’s
vision statement. They are grouped under the headings identi昀椀ed as the key land use issues at
Clause 21.02 Key issues being:
Environment
Housing
Infrastructure
In addition, an overall Strategic Framework Plan is presented which provides a visual demonstration
of how the land use strategies are to be implemented. Speci昀椀c land uses and development
opportunities will be directed to the appropriate locations and key sites as shown on the Plan. In
addition, areas of signi昀椀cance and environmental constraints on future development are identi昀椀ed.
Page 183 of 1195

Page 184 of 1195

21.05 ENVIRONMENT
14/07/2016
C177
21.05-1 Overview
30/07/2020
C219whse There are issues of natural environment, visual environment and the built environment which are
important to the City of Whitehorse. Several areas in the City have special natural, environmental
or historic signi昀椀cance while many open space reserves provide habitats for a diverse range of
昀氀ora and fauna, as well as a range of both active and passive recreation activities. These areas are
not merely places for recreation, but conservation. There is an urgency to put appropriate controls
into place to protect natural features, buildings and areas of historical signi昀椀cance to avoid further
loss of the City’s environmental assets.
Tree preservation and regeneration is vitally important within the City. It strengthens neighbourhood
character, strengthens the landscape and amenity, reduces the urban heat island effect, provides
habitat for wildlife, improves air quality and the local climate and has positive effects on community
health and wellbeing.
Trees are integral to the neighbourhood character of Whitehorse and they have been identi昀椀ed as
an important contributor to the Bush Environment, Bush Suburban and Garden Suburban character
areas. The Municipal Wide Tree Study identi昀椀ed that "trees are the most signi昀椀cant determinant
of the character of various areas within the City of Whitehorse, with upper tree canopy covering
a signi昀椀cant proportion of the city" (Municipal Wide Tree Study Discussion Paper, March 2016).
Council is concerned that the removal of canopy trees and vegetation will erode the neighbourhood
character of Whitehorse. Of particular concern is the clearing of all trees from sites prior to
development. Council's interim Urban Forest Strategy published in 2018, outlines the vision,
policies and actions relating to Whitehorse's tree population and has set a target for canopy cover
of at least 30% by 2030.
The Whitehorse Sustainability Strategy is a key document for informing and supporting Council’s
strategic objectives and commitment to the principles of sustainability. The Strategy includes a
list of priority areas for action which are aimed at the City achieving ecological sustainability
which is a fundamental principle to be implemented by the land use planning system. Ecological
Sustainable Development is “using, conserving and enhancing the community’s resources so that
ecological processes, on which life depends, are maintained, and the total quality of life, now and
in the future, can be increased” (National Strategy for Ecological Sustainable Development
1992[NSESD]).
Council has an Environmentally Sustainable Development policy in order to achieve best practice
design, construction and operation for new development. This will accelerate Whitehorse’s
commitment to an environmentally sustainable city.
The City contains many major thoroughfares of metropolitan signi昀椀cance. The visual amenity of
these routes is critical in determining the overall sense of identity and character of the City. The
City’s ‘Gateways’ require special treatment in recognition of their impact on 昀椀rst impressions and
the image that they project of the City. Main thoroughfares and gateways are prime locations for
advertising signs. If not appropriately managed, the proliferation of signage can drastically reduce
the visual amenity of an area. Council will facilitate adequate identi昀椀cation of businesses but seeks
to minimise visual clutter. Many of the City’s industrial areas were developed when planning
controls were either non-existent or well below today’s standards. Many of these areas are of poor
amenity and their streetscapes are dominated by the built form, with little or no landscaping.
Council wants to ensure that the streetscape is improved by way of street tree planting and
landscaping among other things. It is also essential that all new development provide for appropriate
landscaping and high quality design to reinforce the regeneration process.
Council wishes to foster the provision and use of information technology throughout the community.
The infrastructure required to provide access to such facilities can have a substantial impact on
the streetscape and visual amenity of the City if not sensitively managed. In particular, cabling
can seriously affect street trees that can, in turn, have a profound impact on the character of an
area. Council has a strong preference for the location of communication cables underground,
Page 185 of 1195

particularly along major thoroughfares such as Springvale Road, Canterbury Road, Middleborough
Road and Whitehorse Road. Greater emphasis on urban design and streetscape appearance has
also created an increased awareness and interest in underground power lines.
Council’s Environment Strategy is based on the principle that the environmentally sensitive assets
of the City will be protected and enhanced.
21.05-2 Key issues

30/07/2020
C219whse Ecological sustainability.
Protection of areas of special signi昀椀cance.
Promotion of vegetation protection and regeneration.
Promotion of design excellence.
Heritage protection.
Visual amenity.
Underground cabling.
Streetscape planting.
Industrial areas.
Stormwater management.
Promotion of environmental issues including air, global warming, sustainable transport
management and water quality.
Waste management and litter reduction.
Climate change.
Promotion of water and energy conservation.
Promotion of environmentally sustainable development.
21.05-3 Objectives
30/07/2020
C219whse To protect and enhance areas with special natural, environmental, cultural or historic signi昀椀cance
for the future enjoyment of the community.
To facilitate environmental protection and improvements to known assets including water,
昀氀ora, fauna and biodiversity assets.
To develop main thoroughfares as attractive boulevards with improved advertising signage,
landscaping and building design.
To protect and enhance air and water quality.
To reduce automobile dependency and encourage sustainable transport use.
To reduce energy and water consumption.
To protect and enhance the tree canopy cover in residential areas of the municipality.
To protect and enhance the preferred neighbourhood character and the liveability of residential
areas within the municipality.
To achieve best practice in addressing the principles of environmentally sustainable development.
21.05-4 Strategies
19/11/2015
C130 Strategies to achieve these objectives include:
Providing controls to protect and enhance areas of environmental signi昀椀cance.
Page 186 of 1195

Ensuring that tree removal within signi昀椀cant areas requires permission.

Ensuring that the replanting of tall trees and indigenous vegetation is appropriate to the type
of vegetation in the area and enhances and retains biodiversity.
Encouraging appropriate development that responds to environmental characteristics and
infrastructure constraints.
Ensuring that development along part of Terrara Road remains low density in order to respond
to the environmental constraints that exist in this area.
Identifying those buildings, structures and features of historical signi昀椀cance within the
municipality.
Ensuring development is of a high quality design that is compatible with the character and
appearance of the area.
Providing adequate open space and landscaping for new development.
Requiring the planting of upper canopy trees and other vegetation that enhances the character
of the area.
Ensure that where applicable, the contribution of land towards any public open space
requirements can assist in the protection of sites of environmental value identi昀椀ed as having
high conservation signi昀椀cance.
Encouraging underground cabling and the co-location of siting facilities for service and
communication infrastructure, including satellite dishes to minimise visual and amenity impacts.
Reducing the visual impact of on-site car parking from the street by locating parking areas to
the side or rear of buildings and the provision of appropriate landscape buffers to soften hard
surfaced areas.
Ensuring advertising signs are well designed and compatible with the area and the building.
Implementing ecological sustainability principles and Council’s Sustainability Strategy.
Encouraging development in those areas with adequate infrastructure and excellent public
transport links.
Encouraging water and energy ef昀椀cient practices through Council’s Energy and Water Action
Plans.
Encouraging waste minimisation and litter management through the implementation of Council’s
Waste Management Plan.
Promote the use of sustainable transport through the implementation of Council’s Integrated
Transport Strategy.
Managing development along the City’s waterways to ensure there is no detrimental impact
on water quality.
Encouraging appropriate construction methods to minimise impact on vegetation, stormwater,
litter and neighbourhood amenity.
Implementing Urban Design and Landscape Guidelines for the Tally Ho Activity Centre.
Implementing best practice in environmentally sustainable development.
21.05-5 Implementation
30/07/2020
C219whse These strategies will be implemented by:
Zones and overlays

Applying a Signi昀椀cant Landscape Overlay to Bush Environment character precincts.
Page 187 of 1195

Applying a Signi昀椀cant Landscape Overlay to all remaining residential areas in the

municipality.
Applying a Neighbourhood Character Overlay to areas adjoining Blackburn Shopping Centre.
Applying a Neighbourhood Character Overlay to an area around Box Hill.
Applying a Vegetation Protection Overlay to identi昀椀ed signi昀椀cant vegetation.
Applying an Environmental Signi昀椀cance Overlay to land at 131-173 Central Road, Nunawading.
Applying an Environmental Signi昀椀cance Overlay to the land at 15 Virgillia Street, Blackburn
North.
Applying a Heritage Overlay to the buildings and structures listed on the Victorian Heritage
Register and identi昀椀ed in City of Whitehorse heritage reviews.
Applying an Urban Floodway Zone where appropriate to ensure that development and use
along the City’s waterways is of a nature that does not negatively impact on water quality.
Applying a Special Building Overlay to areas identi昀椀ed by Melbourne Water as being subject
to inundation during a one in one hundred year 昀氀ood to ensure that development along overland
昀氀ow paths does not adversely affect the movement of 昀氀oodwater and water quality.
Applying a Design and Development Overlay to parts of the Tally Ho Activity Centre.
Policy and the exercise of discretion

Using Clause 22.03 (Residential Development Policy) and Clause 22.04 (Tree Conservation)
to supplement ResCode for the assessment of all residential applications.
Ensuring that lot sizes in the area affected by the Signi昀椀cant Landscape Overlay in Bush
Environment character precincts are generally in accordance with the prevailing minimum lot
size of 650 square metres.
Ensuring that all tree removal, tree replanting and development complies with the Tree
Conservation Policy at Clause 22.04.
Apply the tall tree ratio in the Signi昀椀cant Landscape Overlay to all applications in the Bush
Environment character precincts.
Strongly encouraging the planting of indigenous species where appropriate.
Using Clause 22.15 to ensure suitable land for public open space is provided by new
developments in areas where a land contribution is preferred.
Ensuring that all applications for signage comply with the Visual Amenity Policy at Clause
22.02.
Requiring professional landscape plans (including the planting of upper canopy trees) for all
new developments.
Using Clause 22.01 Heritage Buildings and Precincts and Clause 43.01 Heritage Overlay for
the assessment of applications in heritage areas.
Ensuring that all applications for industrial uses comply with the State Environment Protection
Policy for Air.
Requiring the submission of a waste management plan for all multi-dwelling developments.
Ensuring that development complies with requirements of the Tally Ho Activity Centre Urban
Design and Landscape Guidelines March 2013.
Ensuring that speci昀椀ed developments meet the requirements of the Environmentally Sustainable
Development Policy at Clause 22.10.
Page 188 of 1195

21.05-6 Further strategic work

30/07/2020
C219whse Develop an Environmentally Sustainable Development policy.
Review further areas for inclusion in Neighbourhood Character Overlays.
21.05-7 Reference documents

30/07/2020
C219whse Guidelines for Areas of Special Signi昀椀cance
Blackburn Lake Surrounds Study, 2002
Walker Estate Special Character Area Urban Character Study, May 1999
Whitehorse Economic Development Strategy 2014-2019
Whitehorse Neighbourhood Character Study 2014
KLM City of Whitehorse, Neighbourhood Character Study Review of areas 14 and 16 February
2004
Whitehorse Sustainability Strategy 2008-2013, April 2008
Whitehorse Integrated Transport Strategy, May 2011
Whitehorse Energy Action Plan 2009-2014
Whitehorse Water Action Plan 2008-2013
Review of Neighbourhood Character Implementation Recommendations, Part 2 Review Areas,
July 2004
131 Central Road, Nunawading: Vegetation Assessment by Stephen Mueck, Biosis (November
2007)
Flora, fauna and habitat hectare assessment of 15 Virgillia Street Blackburn North Victoria, Biosis
Research, April 2008
Collina Dell SLO Review, October 2007
Whitehorse Open Space Strategy, Thompson Berrill Landscape Design Pty Ltd, in association
with Environment & Land Management Pty Ltd, November 2007
Review of Three Precincts in Character Areas 16 & 18, May 2008
Tally Ho Major Activity Centre Urban Design Framework, 2007
Tally Ho Activity Centre Urban Design and Landscape Guidelines, 2013
Municipal Wide Tree Study Discussion Paper, March 2016
Municipal Wide Tree Study Options and Recommendations Report, June 2016
Municipal Wide Tree Study Part 2: Additional Analysis in Garden Suburban and Bush Suburban
Character Precincts, March 2019
Page 189 of 1195

21.06 HOUSING
14/07/2016
C177
21.06-1 Overview
01/03/2024
C220whse The City of Whitehorse is a middle ring municipality providing housing for a wide range of
household types, ages and cultural groups. In general, the population is slightly older than the
metropolitan average, indicating an ageing population, however the majority of households are
families with or without children. The types of residential development in the City vary between
medium rise apartment buildings around Box Hill metropolitan activity centre, small unit
developments in areas with good access to public transport and amenities, and standard detached
dwellings in the majority of the residential areas.
The City of Whitehorse is under increased pressure to accommodate more people who are attracted
to the area due to its strategic location, high amenity residential areas and quality services and
facilities. The community is concerned about maintaining the high quality residential environment
and ensuring that areas of environmental, heritage or special character are protected as the City’s
population grows. The municipality’s leafy character is particularly valued, strengthened by the
presence of quality canopy trees and other native and exotic vegetation. Trees and vegetation are
considered one of the most signi昀椀cant determinants of neighbourhood character in the municipality,
and therefore tree preservation and regeneration is of vital importance if the character of residential
areas is to be maintained and enhanced.
Change and growth in urban areas with good public transport access can occur while contributing
to the City’s valued neighbourhood character. Areas such as the Box Hill metropolitan activity
centre are able to accommodate increased housing growth in an urban setting while providing high
levels of amenity for residents.
The Council’s Housing Strategy 2014 identi昀椀es areas of substantial, natural and limited growth.
These categories of housing change are aligned with the neighbourhood character statements
prepared for each area as part of the Neighbourhood Character Study 2014 and the planning
controls applying to the land. These statements and controls aim to direct housing growth across
the municipality in a way which re昀氀ects the community’s neighbourhood character aspirations,
while balancing the future housing needs of Whitehorse. They are described as follows:
Substantial Change areas provide for housing growth with increased densities, including inside
designated structure plan boundaries and opportunity areas, in accordance with the relevant
plans as well as around most train stations, adjoining tram routes and around larger activity
centres.
Natural Change areas allow for modest housing growth and a variety of housing types provided
they achieve the preferred future neighbourhood character as identi昀椀ed in Clause 22.03 –
Residential Development.
Limited Change areas enable speci昀椀c characteristics of the neighbourhood, environment or
landscape to be protected through greater control over new housing development. These areas
represent the lowest degree of intended residential growth in Whitehorse.
In addition, there are a number of identi昀椀ed “strategic redevelopment sites” in the City, plus
opportunities within the Box Hill Metropolitan Activity Centre and in other Activity Centres for
residential growth.
The Neighbourhood Character Study 2014 further de昀椀nes the preferred future character of precincts
within the City. Council agrees with the concern within the community that poorly designed
residential development is eroding the character and quality of some residential areas. Based on
the Neighbourhood Character Study 2014, residential areas have been identi昀椀ed as being within
precincts of the following neighbourhood character types:
Garden Suburban Area.
Bush Suburban Area.
Bush Environment.
Page 190 of 1195

Council will use the three categories of change and the identi昀椀ed character types to supplement
‘ResCode’ to encourage high quality development design that is responsive to the site constraints
and opportunities whilst making a positive contribution to neighbourhood character.
Increased housing densities and a diversity of housing is promoted within the substantial change
areas along major road corridors depicted on the Housing Framework Plan. Schedule 11 to the
Design and Development Overlay guides the built form change necessary to achieve this outcome
and to provide a sensitive interface to low rise residential areas outside the corridor.
The City also needs to respond to issues of housing affordability and promote environmentally
sustainable development. Sustainable and well-designed housing can improve affordability over
the long term, and contribute to the preferred neighbourhood character of residential areas.
Non-residential uses in residential areas continue to require monitoring and control to ensure that
amenity issues are managed.
21.06-2 Vision
14/10/2014
C160 The vision for housing in the City is “To ensure that housing in the City of Whitehorse meets
residents’ needs in terms of location, diversity, sustainability, accessibility, affordability and good
design.” There are a number of key challenges facing the City of Whitehorse in relation to housing.
These are:
Accommodating an additional 12,997 dwellings to house the projected population growth in
the City to 2036.
Ensuring established residential areas continue to play an important role in providing additional
housing.
Ensuring activity centres can accommodate additional housing growth and are the focus of
increased housing and employment densities, public transport and service provision. Each
activity centre in Whitehorse has a different level of capacity and is equipped in different ways
to support increased housing density.
Preserving areas of valued character and vegetation or landscape signi昀椀cance.
Better utilising transport corridors including train and tram routes for medium and higher density
housing.
The pressure of higher property prices on housing affordability and the type of dwellings
constructed due to Whitehorse’s attractive leafy character, dominance of detached dwellings
and locational attributes.
A higher demand for private rental housing, a proportion of which will need to be affordable
to low income tenants.
A higher proportion of lone person households may require smaller housing types including
town houses, units and apartments. However in some instances, these housing types are more
costly to buy or rent than older housing stock, and can contribute to housing affordability
problems.
The provision of speci昀椀c assistance to access appropriate accommodation for new and 昀椀rst
generation migrant populations in suitable locations.
The need to provide more accommodation for students, and accommodation which better meets
their needs in terms of quality and affordability in areas near Deakin University Burwood
Campus and Box Hill Institute of TAFE.
The need to develop or implement Structure Plans with objectives to improve housing
affordability and special needs housing opportunities in activity centres.
Page 191 of 1195

Key Housing Principles

Develop housing in Whitehorse that shapes the City’s urban structure to support environmental
and social sustainability, resilience and the health and well being of residents.
Encourage housing that supports preferred neighbourhood character objectives and urban design
aspirations for the City.
Promote housing growth and diversity in locations within walking distance of public transport
and local services such as shops, parks and education.
Limit residential growth in areas of valued landscape or built form character, and/or with
infrastructure limitations.
Support the housing directions of existing and future adopted Structure Plans and Urban Design
Frameworks for activity centres.
Provide a mix of housing that meets the life stage and cultural needs of residents.
Ensure housing in substantial change areas is designed to achieve and enhance sense of place
and identity, and facilitate neighbourhood participation.
Support environmentally sustainable building, design and innovation in new housing
development.
Advocate for increases in affordable and social housing stock.
21.06-3 Housing Location

01/03/2024
C220whse
Key Issues
Encouraging appropriate residential development within the municipality’s established network
of activity centres.
Providing appropriate housing growth in locations with potential amenity considerations (eg.
sensitive interfaces, rail corridors, tram lines, main roads).
Ensuring timely provision of infrastructure and public realm improvements to support the
growth of the municipality.
Encouraging housing in locations with good access to public transport and services, which can
minimise demand on the road network and better target the delivery of community and physical
infrastructure and services.
Objectives
Limited Change Areas

Conserve and enhance those elements which contribute to the valued environmental, heritage
and neighbourhood character of the place.
Ensure new development protects and reinforces the environmental, heritage values and / or
preferred future neighbourhood character of the area.
Ensure new development mainly takes the form of renovations to existing houses, replacement
of single dwellings with new dwellings and some limited medium density development.
Natural Change Areas

Support increased housing choice by allowing for a diversity of dwelling types, sizes and
tenures.
Page 192 of 1195

Ensure new development contributes to the preferred neighbourhood character of the precinct.
Encourage new development applications to include landscape guidelines that show how the
enhancement or retention of existing vegetation where possible will be achieved, at the outset
of the design process.
Substantial Change Areas

Support increased residential densities.
Support increased housing choice by allowing for a diversity of dwelling types, sizes and tenures
to suit a range of household types.
Facilitate achieving a new, preferred character for these areas over time through quality
developments.
Support the master planning of larger sites to facilitate the development of diverse, high amenity
precincts which have an identi昀椀able sense of place.
Encourage the provision of shop-top dwellings and low scale apartment developments in activity
centres, particularly within key Neighbourhood Activity Centres and on sites abutting the
Principal Public Transport Network and main roads.
Provide space for planting, communal spaces and rooftop gardens to improve the amenity and
liveability of dwellings.
Support mid-rise buildings that accommodate higher density residential development in the
substantial change areas along major road corridors depicted on the Housing Framework Plan
that provide an acceptable built form interface with low rise residential areas outside the corridor.
Strategies
Council will assess new applications for dwellings and subdivisions against the relevant
objectives, strategies and preferred character statements as speci昀椀ed in Clause 22.03 – Residential
Development and in the Whitehorse Neighbourhood Character Study 2014.
Implementation
Specify built form and landscape expectations for the three categories of change and the
identi昀椀ed neighbourhood character precincts within Clause 22.03 – Residential Development.
Zone residential areas identi昀椀ed for Limited Change to Neighbourhood Residential Zone.
Zone residential areas identi昀椀ed for Natural Change to General Residential Zone.
Zone residential areas identi昀椀ed for Substantial Change to General Residential or Residential
Growth Zone as appropriate.
Apply a Signi昀椀cant Landscape Overlay or Neighbourhood Character Overlay to areas of
signi昀椀cant neighbourhood character or landscape.
Apply the Heritage Overlay to buildings, structures and natural features of historical signi昀椀cance.
Apply a Development Plan Overlay or Design and Development Overlay to guide the design
and built form of new development as appropriate.
21.06-4 Housing Diversity

14/10/2014
C160
Key Issues
Meeting the continuing high demand for private rental accommodation, which puts pressure
on housing affordability.
Providing high quality and accessible housing to meet the needs of the students that will continue
to be attracted to Deakin University Burwood Campus and Box Hill Institute of TAFE and will
require housing with high quality accessibility and services.
Page 193 of 1195

Improving access to the housing market for the City’s large proportion of 昀椀rst and second
generation residents from non English speaking backgrounds, many of whom currently
experience barriers inhibiting their entry to the market.
Encouraging a broader range of housing types to meet the differing needs of the future population
through the lifecycle.
Objectives
Diversify the variety of housing types in the City of Whitehorse.
Provide housing that meets the specialised requirements of particular residents.
Monitor housing development trends and engage with relevant stakeholders.
Strategies
Promote activity centres with high accessibility that offer a range of services and provide a
high level of amenity to residents as key locations for housing diversity.
Support the renovation and redevelopment of single houses in Limited Change Areas as a means
of providing accommodation for larger household types and choice for other households.
Encourage appropriate student housing close to the university campuses in a form that respects
the existing or preferred character of the area.
21.06-5 Housing Affordability

14/10/2014
C160
Key Issues
Meeting an increasing demand for more affordable housing across the municipality.
Ensuring student housing is consistent with the location and design requirements of Council
Policy.
Objectives
To increase the supply and distribution of affordable housing in the City of Whitehorse.
To reduce housing stress in the City of Whitehorse.
Strategies
Continue to identify opportunities for affordable housing in designated structure plans including
speci昀椀c location, localised need and design, and incentives for developers.
21.06-6 Housing Design

14/10/2014
C160
Key Issues
Ensuring new developments do not result in a loss of the existing vegetation coverage and tree
canopy.
Encouraging appropriate development within the municipality’s established areas.
Maintaining the preferred neighbourhood character of Limited Change Areas.
Providing adequate space for substantial vegetation in Limited and Natural Change Areas.
Strengthening and improving the preferred neighbourhood character in Natural Change Areas.
Creating a valued and identi昀椀able sense of place in Substantial Change Areas and providing
an appropriate design response in locations with potential to support additional housing.
Ensuring new developments adjoining or close to environmentally signi昀椀cant and sensitive
areas are carefully and respectfully designed.
Page 194 of 1195

Ensuring that physical and community infrastructure is adequate and maintained at a standard
to meet the future demand.
Encouraging private sector provision of housing that improves the environmental performance
of the municipality and minimises ongoing running costs for the residents.
Encouraging continued improvement in housing design for better functionality, universal access
and adaptability to improve access for people with mobility or other physical limitations and
to lessen future costs in modi昀椀cations to meet the current or future occupants’ needs.
Objectives
To enhance the design quality and character of residential development.
To build resilience in the City’s housing stock to the impacts of climate change.
To improve the environmental performance of new and existing housing.
To protect environmentally sensitive areas from inappropriate development.
To encourage the provision of well designed, adaptable and accessible housing.
Strategies
Amend the Municipal Strategic Statement to provide policy support for improving the design
quality of residential development in the municipality.
Implement the Neighbourhood Character Precinct Brochures with Preferred Character Statements
and Design Guidelines to provide guidance and support for future residential development and
assessments.
Investigate two identi昀椀ed precincts for potential additional controls:
– Precinct Garden Suburban 16 (GS16), which requires detailed survey and analysis to
determine its suitability for Neighbourhood Character or Heritage Overlay controls; and
– Precinct Bush Suburban 9 (BS9), which includes several areas that may be suitable for
further Signi昀椀cant Landscape Overlay controls.
Investigate other precincts for potential additional controls, utilising the Neighbourhood
Character Overlay, Heritage Overlay and Signi昀椀cant Landscape Overlay, as appropriate.
Prepare and adopt design guidelines for identi昀椀ed opportunity sites to ensure their redevelopment
positively contributes to their surrounding context, provides high quality and innovative building
design and facilitates high levels of residential amenity for new and adjoining residents.
Encourage and promote examples of housing design that enable future adaptation or modify
existing dwellings to meet changing needs with minimal current or future expense.
Promote the use of the Liveable Housing Design Guidelines to new home owners and developers.
21.06-7 Non-Residential Uses

14/10/2014
C160
Key Issues
Ensuring non-residential uses are designed in a way that integrates these uses and their built
form into their residential environments and that there is no detriment to the community or the
surrounding residential amenity.
Ensuring that residential activity in non-residential areas is mindful of a lower expectation of
amenity protection than in a residential area.
Objectives
To ensure buildings for non-residential uses are designed to integrate with and respect the
surrounding neighbourhood character.
Page 195 of 1195

To ensure that non-residential uses do not cause detriment to the community or the amenity of
the surrounding residential area.
To ensure residential developments in areas where non-residential activity is encouraged are
designed to ameliorate the potential impact of non-residential activity in the vicinity.
Strategies
Implement policy to direct non-residential uses to appropriate locations, and provide parameters
for their operation.
Apply the Neighbourhood Character Precinct Brochures with Preferred Character Statements
and Design Guidelines to provide guidance for future non-residential development in residential
areas and assessments.
21.06-8 Policy and the exercise of discretion

14/10/2014
C160 It is policy to:
Ensure that all development applications comply with the Residential Development Policy at
Clause 22.03.
Ensure that all development applications are assessed in accordance with the Residential
Development Policy at Clause 22.03.
Ensure that all non residential use and development applications within a residential zone
comply with the Non-Residential Uses in Residential Areas Policy at Clause 22.05.
Require that landscape buffers between commercial parking areas and abutting residential
properties be of suitable size and dimensions to provide for a range of screening vegetation
and upper canopy trees.
Ensure that all new applications for gaming machines or gaming venues comply with the
Gaming Policy at Clause 22.18.
Use local planning policy to manage student accommodation in accordance with the Student
Accommodation Policy at Clause 22.14.

27/03/2024
C230whse Box Hill Transit City Activity Centre Structure Plan June 2007
Burwood Heights Activity Centre Structure Plan, June 2006
Burwood Village Neighbourhood Activity Framework Plan, May 2008
City of Whitehorse Landscape Guidelines, 2012
City of Whitehorse Responsible Gambling Policy, 2011
Flora, fauna and habitat hectare assessment of 15 Virgillia Street Blackburn North Victoria, Biosis
Research, April 2008
Guidelines for Areas of Special Signi昀椀cance and Beauty
KLM, Neighbourhood Character Study Review Of Areas 14 and 16, February 2004
Liveable Housing Design Guidelines
MegaMile (west) and Blackburn Activity Centres Urban Design Framework, July 2010
Nunawading/MegaMile Major Activity Centre and Mitcham Neighbourhood Activity Centre
Structure Plan, April 2008
Review of Neighbourhood Character Implementation Recommendations, Part 2 Review Areas,
July 2004
Page 196 of 1195

Tally Ho Major Activity Centre Urban Design Framework, 2007

Walker Estate Special Character Area Urban Character Study, May 1999
Whitehorse Housing Strategy, 2014
Whitehorse Neighbourhood Character Study, 2014
Whitehorse Neighbourhood Activity Centre Urban Design Guidelines, 2014
2007)
Page 197 of 1195

Page 198 of 1195

21.07 ECONOMIC DEVELOPMENT

14/07/2016
C177
21.07-1 Overview
21/12/2023
C241whse Whitehorse City Council is committed to playing a key role in facilitating a thriving and sustainable
local economy. Council will work in partnership with the local community to increase investment
and employment opportunities that enhance the local economy, natural environment and quality
of life for existing and future residents; and enable appropriate growth of existing and future
businesses in order to achieve economic well-being.
Plan Melbourne outlines a plan that seeks to build up activity centres as a focus for high-quality
development, to broaden the base of activity centres that are currently dominated by shopping,
and to locate a substantial proportion of new housing in or close to activity centres. Diverse and
vibrant activity centres are central to Plan Melbourne’s objectives in terms of sustainability and
maximising opportunities for communities to access a broad range of goods and services. The
structure planning process is vital to identifying the potential of individual activity centres and to
involving stakeholders and the community in the planning process.
Plan Melbourne identi昀椀es Box Hill as a Metropolitan Activity Centre (MAC) which provides
signi昀椀cant opportunities for investment in terms of retail, public transport, health, justice, education,
entertainment and medium and higher density residential development. It is essential that the Box
Hill MAC develops as a major regional activity centre through the development of appropriate
retail and of昀椀ce activities. It is also vital that the centre develops more residential and entertainment
facilities to strengthen this role. Council will support new commercial, residential and retail
development in this Activity Centre consistent with the role of the centre and the Box Hill Structure
Plan which also seeks to guide the preferred location and urban form of the new investment in the
centre.
The Burwood Heights Activity Centre includes a large vacant strategic development site. It offers
potential to be developed into a large activity centre. A structure plan has been prepared to guide
future development and improvement of Burwood Heights.
Council recognises the importance of the ‘MegaMile’ area on Whitehorse Road, between Blackburn
and Mitcham and believes it is vital that the role of this peripheral retail strip is reinforced and
strengthened. Council considers that inappropriate development and use within this area could
weaken its function. MegaMile is the preferred location for bulky goods retailing, and development
of bulky goods/facilities elsewhere will need to demonstrate net community bene昀椀t and that it will
not detract from the MegaMile centre.
Nunawading MegaMile, Burwood Heights, Tally Ho, and Forest Hill Chase are key Activity
Centres in the City of Whitehorse. These centres are generally expected to become the preferred
locations for further retail, commercial and cultural activities, and accommodate a signi昀椀cant
proportion of the new dwellings that may be developed in the City. They are also to be the focus
for improvements to the public transport networks in the City and to regional centres. Improvements
to their design and amenity should encourage these places to become places for social interaction
and community activities. Council recognises that each these centres has special circumstances
and opportunities in contributing to the creation of ‘20 minute neighbourhoods’ across the City.
The City contains about sixty neighbourhood centres, each of which ful昀椀ls various needs within
the community. Large centres, such as Burwood One (also known locally as Kmart Plaza) play
an important role in the economic activity of the municipality. This role should be further enhanced.
Small neighbourhood centres play an important social and community role. They should be the
focus of social interaction and provide for community facilities and spaces.
There will, however, be small neighbourhood centres that may no longer be viable. Some small
centres contain several vacant shops or non-retail uses which fail to provide for the daily needs of
the surrounding community. Furthermore, they are run down and can become targets for vandalism,
which is of some concern given that residential properties directly abut them. These centres need
to be further assessed as to whether it is appropriate to develop these centres as mixed use precincts
Page 199 of 1195

with an appropriate mix of uses which help provide meeting places such as cafes, community
facilities and even small scale residential development especially in the form of “shoptop” housing.
The amenity of these centres can be vastly improved by high quality design, minimisation of
signage and streetscape improvements. Gaming establishments can divert local expenditure.
Whitehorse has large concentrations of of昀椀ce and industrial areas. Important areas include Tally
Ho, which is home to several large of昀椀ces and information technology based businesses, and
Rooks Road, which is a focus for industrial activity but is constrained by the abutting residential
areas. There are also several major industrial estates that are surrounded by residential uses. These
include McIntyre Street in Burwood, Middleborough Road in Box Hill South, Joseph Street in
Blackburn and Lexton Road in Box Hill. Council supports redevelopment within these areas that
respects and enhances the amenity of the abutting residential properties, while maintaining their
industrial focus.
Whitehorse accommodates some key institutions with the Box Hill Hospital, Box Hill Institute of
TAFE and Deakin University being important activities in Whitehorse in a social, cultural and
economic sense. Under Plan Melbourne, Box Hill is identi昀椀ed as a Health/Education Precinct and
Deakin University as an Education Precinct. Council recognises the wider metropolitan, regional
and national role of these institutions, as well as the other major private schools in the City. All
of these facilities are important in ensuring that the City is a prime residential location for families
and students, and are important to the economy of the City. Council understands the need to retain
opportunities to expand and consolidate the facilities provided on site. Expansion of these facilities,
if not comprehensively planned, can lead to con昀氀icts between the needs of the institutions and
those of residents nearby. The surrounding community must be involved in the development of a
master plan outlining the future aspirations of the institutions given they may be directly affected
by future activities. This process will reduce potential con昀氀icts between residential areas and these
major land uses, as well as providing certainty both for the institution/school and the residents as
to where buildings are likely to be located and how the grounds may be used in the future.
Service-oriented industries are experiencing high growth in the municipality. These industries
include some of Whitehorse’s largest employing industries such as health care, education and
training, and public administration and safety. Other industries such as professional, scienti昀椀c and
technical services, accommodation and food services, and construction are emerging and need to
be supported in the medium to long term. Signi昀椀cant industries including wholesale trade, retail
trade and manufacturing need to be repositioned through value adding to ensure that Whitehorse
retains this specialisation.
Council through its Economic Development Strategy seeks to maintain Whitehorse’s position as
a regionally signi昀椀cant economy and leader of the east, and continued development of the Box
Hill MAC as a strategic hub. By implementing the Whitehorse Development Contributions Plan
Council will ensure that physical and community infrastructure will keep pace with and promote
economic development.
21.07-2 Key issues

14/07/2016
C177 Box Hill Metropolitan Activity Centre.
Whitehorse Road MegaMile.
Industrial activity.
Integrated transport.
Local shopping centres.
Redevelopment sites.
Institutional uses.
Emerging industries.
Burwood Heights Activity Centre.
Page 200 of 1195

21.07-3 Objectives
14/07/2016
C177 To develop the Box Hill Metropolitan Activity Centre as the major focus for retail, commercial,
health, transport, education and entertainment facilities in Melbourne’s east.
To ensure that all shopping centres and civic spaces are safe, attractive and are developed in
accordance with their role.
To recognise the important regional role that our tertiary education and health sectors ful昀椀l and
provide support for the ongoing viability of these vital institutions such that they are positioned
as leading industry providers.
To maintain the City’s position as the second largest provider of of昀椀ce space outside St.Kilda
Road and the Melbourne Central Business District.
To facilitate continued investment in high quality of昀椀ce space placed in attractive settings with
extensive landscaping and car parking following the completion of development in the Box
Hill and Tally Ho commercial precincts.
To promote the City as a prominent location for leading edge and international IT 昀椀rms and
harness the skills and capabilities of our IT sector to ensure that our other key sectors in
manufacturing, health and education continually have access to and apply state-of-the-art
technology.
To create and manage sensitive interfaces between our key industrial precincts and adjoining
residential areas and facilitate high quality, attractive development that is environmentally
sustainable and enhances the appearance of the area.
To facilitate the on-going development and refurbishment of industrial estates.
To facilitate the redevelopment of key sites in association with the community.
To recognise the turnover contribution that the MegaMile contributes to the local economy and
develop, manage and promote this retail strip as one of Melbourne’s largest shopping districts
and encourage and promote its bulky goods retail focus.
To ensure additional retail 昀氀oorspace allows for improved access to retail goods and services
by members of the community and supports the planned role and function of the activity centre
and its place in the retail hierarchy.
To encourage innovation in retailing and promote new retail formats where it can be
demonstrated that consumer trends are evolving.
To ensure Activity Centre development encourages a more effective use of public transport
and cycling modes of transport.
To facilitate the timely redevelopment and enhancement of the Burwood Heights Activity
Centre including the Strategic Redevelopment Site through implementation of the Structure
Plan.
To facilitate the continued enhancement of the Forest Hill Chase and Tally Ho Activity Centres
through Structure Plans or Urban Design Framework Plans.
To increase participation in the cultural and recreational tourism of the City and facilitate the
provision of entertainment, arts, cultural, recreational and leisure facilities and promoting these
locally and regionally.
To facilitate the continued enhancement of the Burwood One / Kmart Plaza Neighbourhood
Activity Centre.
To provide a nurturing environment for our homebased business sector that provides access to
business planning and information services, and networking opportunities.
To support, where appropriate, the transition to local commercial premises where operations
of home based businesses are no longer suited to residential locations.
Page 201 of 1195

To encourage the continued enhancement and use of public transport and cycling modes of
transport.
21.07-4 Strategies
14/07/2016
C177 Strategies to achieve these objectives include:
Facilitate development within the Box Hill MAC in accordance with the Box Hill Transit City
Activity Centre Structure Plan, June 2007.
Encourage a wider range of uses in Box Hill including residential and entertainment that will
help the Activity Centre become a focus of activity.
Require the submission of Retail Sustainability Assessments as part of proposals for amendments
to the Planning Scheme or changes to an approved plan for expansions of retail 昀氀oor space in
Activity Centres and Neighbourhood Activity Centres.
Develop appropriate levels of parking within all commercial precincts.
Require equitable developer contributions to new residential, industrial and commercial areas.
Minimise signage clutter.
Ensure that development and use in shopping centres is appropriate to the role and function of
the centre.
Direct large entertainment, comparison or convenience retail uses serving a regional catchment
into the Box Hill Metropolitan Activity Centre and Activity Centres.
Restrict the establishment of gaming machines in all shopping centres.
Identify neighbourhood centres that are no longer viable.
Investigate and encourage shoptop housing and other appropriate development in Neighbourhood
Activity Centres.
Direct industrial uses into appropriate locations.
Promote the creation of industrial precinct character and sense of address and facilitate
development that is functional, well serviced, sustainable and attractive.
Coordinate the redevelopment of industrial areas to minimise con昀氀ict between industry and
more sensitive land uses such as adjoining or nearby residential uses.
Discourage non-industrial related uses from locating in industrial areas.
Discourage new retail development from locating outside of designated activity centres.
Encourage the consolidation of allotments to facilitate the urban renewal of land parcels within
industrial precincts.
Provide a buffer between intense industrial activity and residential areas.
Developing appropriate zoning, overlay and design guidelines for strategic redevelopment sites,
responding to issues such as appropriate treatments to existing residential areas.
Encouraging the development of institutional master plans, which outline the desired future
land use and development on the site.
14/07/2016
C177 These strategies will be implemented by:
Page 202 of 1195

Zones and overlays

Applying a Commercial 1 Zone to all shopping centres including the core of the Box Hill
Activity Centre to facilitate the development of retailing and other complementary commercial,
entertainment and community uses.
Applying a Commercial 1 Zone to areas where Council wishes to encourage of昀椀ces and
associated commercial uses including around the Prospect Street area, Rutland Road, Oxford
Street and parts of the area to the north of Whitehorse Road, Box Hill.
Applying a Commercial 2 Zone to part of the area to the north of Whitehorse Road, Box Hill
in recognition of the mixture of of昀椀ce and light industrial activity.
Applying a Commercial 2 Zone exclusively to the Whitehorse Road ‘MegaMile’ area to
encourage a mix of bulky goods retailing and their associated business services.
Distinguish land along Whitehorse Road west of Cottage Street and Surrey Road to Vine Street
as the Blackburn Neighbourhood Activity Centre and land east of Cottage Street and Surrey
Road to Varman Court as the western part of the MegaMile Activity Centre.
Applying a Priority Development Zone to the Strategic Redevelopment site at 78 Middleborough
Road, Burwood East to encourage an appropriate mixed use development of the property.
Applying the Mixed Use Zone to those shopping centres requiring renewal.
Applying a Heritage Overlay to buildings, structures and places with historical signi昀椀cance.
Applying an Industrial 1 Zone to most industrial areas.
Applying an Industrial 3 Zone to industrial areas surrounded by residential land use.
Applying an Environmental Audit Overlay to the key redevelopment sites to ensure that any
contamination is identi昀椀ed and treated before use and development occurs.
Applying a Public Use Zone 2 to the Box Hill Institute of TAFE, Deakin University and State
Schools to recognise their role as key educational facilities.
Applying a Public Use Zone 3 to the Box Hill Hospital as a major health facility.
Applying a Development Plan or Design and Development Overlay to all major redevelopment
sites and private schools to ensure all necessary plans are in place prior to redevelopment.
Applying a Design and Development Overlay schedule, to ensure that new development is
compatible with the character and future role of the Mitcham Neighbourhood Activity Centre.
Applying a Design and Development Overlay to Blackburn Neighbourhood Activity Centre
and MegaMile (west) Activity Centre to guide the design and built form of new development.
Applying a Design and Development Overlay to parts of the Tally Ho Activity Centre to manage
future built form.

Ensuring that all use and development in Box Hill MAC and surrounds complies with the Box
Hill Metropolitan Activity Centre Policy at Clause 22.07.
Ensuring compliance with the Visual Amenity Policy at Clause 22.02.
Ensuring that all use and development in Activity Centres complies with the Activity Centre
policy at Clause 22.06 or the relevant speci昀椀c policies at Clauses 22.07 to 22.12.
Ensuring that all use and development in Industrial Areas complies with the Industrial Areas
Design Guidelines policy at Clause 22.16.
Ensuring all new applications for gaming machines or gaming venues comply with the Gaming
Policy at Clause 22.17.
Page 203 of 1195


21/12/2023
C241whse Implement the Box Hill Central Activities Area Car Parking Strategy 2014
Prepare further Structure Plans, as appropriate, for identi昀椀ed areas or centres.

21/12/2023
C241whse Whitehorse Housing Strategy, 2014
Economic Development Strategy, 2008-2013
Integrated Transport Study, 2011
Burwood Village Neighbourhood Activity Centre, Looking Towards the Future, May 2008
Structure Plan, April 2008
Box Hill Transit City Activity Centre Structure Plan, June 2007
City of Whitehorse Industrial Strategy, 2011
City of Whitehorse Retail Strategy Review, October 2010
MegaMile [west] & Blackburn Activity Centres Urban Design Framework, July 2010
City of Whitehorse responsible gaming policy 2011
Tally Ho Major Activity Centre Urban Design Framework 2007
Tally Ho Major Activity Centre Urban Design and Landscape Guidelines 2013
Page 204 of 1195

21.08 INFRASTRUCTURE
14/07/2016
C177
21.08-1 Overview
21/12/2023
C241whse Whitehorse City is committed to providing a safe and high quality transport network for the bene昀椀t
of all users, including drivers of freight transport, motorists traversing the City, motorists on local
trips, pedestrians, cyclists, public transport users, and those in the community with limited mobility.
This requires an arterial road network designed to operate at capacity and not beyond, but also a
road network that makes safety a priority. The local road network also needs to be protected from
traf昀椀c that is not generated from the immediate neighbourhood.
Several arterial roads serve the City, with freeways located to the north and south and to the east.
Completion of the freeway network has had some impact upon the main arterials that traverse the
City by reducing traf昀椀c on other main roads. With the completion of EastLink it is hoped that
there will be a long term reduction in freight traf昀椀c, and to an extent some private vehicle traf昀椀c.
This will enable the arterial roads in Whitehorse to operate more ef昀椀ciently and possibly enable
greater consideration of local issues in the operation of the network.
Council acknowledges the important role played by public transport and promotes public transport
usage and ef昀椀ciency. The extension of the Burwood Highway tramline through the municipality
to the City of Knox is strongly supported.
Provision has been made in the State Planning Policy Framework for Councils to consider the
partial funding of physical and community infrastructure by the use of development
contributions. The Whitehorse Development Contributions Plan ensures contributions are made
towards funding physical and community infrastructure.
21.08-2 Key issues

21/12/2023
C241whse To ensure that future roads are only constructed where they provide a net bene昀椀t to the
community. New roads must be designed and developed in a manner which is environmentally
sensitive, whilst minimising impacts on abutting land uses, particularly if they abut residential
uses.
In order to preserve residential amenity, it is vital that non-residential traf昀椀c travelling on
residential streets is minimised. This is an ongoing and signi昀椀cant issue that faces this Council.
Council is therefore committed to investigate and implement traf昀椀c management measures that
will reduce through traf昀椀c.
It is important that the appropriate measures are taken to maximise the capacity of the City’s
arterial road network, including the introduction of clearways to ensure that the network runs
ef昀椀ciently. To this end, it is vital that the impact of new development with regards to traf昀椀c
generation, parking provision and the location of accessways is comprehensively assessed and
controlled.
Council strongly supports the extension and augmentation of existing public transport facilities.
In particular, the extension of the tramline along Burwood Highway to Knox City is seen to
have substantial bene昀椀ts for the City and its population. Council also supports grade separation
of all remaining rail level crossings in Whitehorse.
Land use and transport planning needs to be integrated with development around public transport
facilities designed to ensure maximum utilisation.
Public transport needs to be better integrated and coordinated, including improved services
during evenings and weekends.
Page 205 of 1195

Providing improved facilities and safety for cyclists, pedestrians and public transport users,
and maximising accessibility for all users but particularly the elderly, disabled and people with
prams and young children is important. This includes upgrading the functionality, appearance,
comfort, security and way-昀椀nding at the Box Hill Transport Interchange.
Council has the responsibility to utilise open space contributions to help meet its future open
space needs. Land contributions will be taken in certain areas where there is an opportunity to
improve existing open space linkages and provision in accordance with Clause 22.15.
21.08-3 Objectives
21/12/2023
C241whse To ensure that adequate road capacity is provided to meet the future needs of the City.
To obtain developer contributions for the provision of necessary physical and community
infrastructure.
To ensure that the community is provided with safe, ef昀椀cient and accessible walking, cycling
and public transport options.
Improve road safety in Whitehorse to reduce the number of road injuries and deaths.
21.08-4 Strategies
21/12/2023
C241whse Strategies to achieve these objectives include:
Ensuring that land set aside for future roads is put to use where appropriate.
Developing a road hierarchy that has regard to the abutting land uses and connectivity.
Maintaining a hierarchy that distributes locally generated traf昀椀c onto the arterial road network.
Discouraging non-locally generated transport activity from using the local road network.
Developing parking precinct plans for selected shopping centres to effectively manage the
provision of parking as required.
Requiring developer contributions towards infrastructure needs generated by new developments.
Providing better pedestrian and bicycle path links throughout the municipality.
Actively promoting extensions and improvements to the public transport network to service
the needs of the community.
Advocate for the state government to address high crash locations on arterial roads, as well as
locations where there is high potential for crashes to occur.
03/12/2015
C158 These strategies will be implemented by:
Zones and overlays

Applying a Road Zone Category 1 to major arterial roads to recognise their function and control
the impact that new development and use may have on them via generation of parking and
location of accessways.
Applying a Public Acquisition Overlay on arterial road reservations and land where land required
for road widening has been identi昀椀ed.
Applying a Parking Overlay and Schedule to the Box Hill Activity Centre which prescribes
reduced rates of car parking provision for speci昀椀ed development types.

Ensuring that new development provides for adequate car parking.
Page 206 of 1195

Ensuring that accessways are appropriately located, while ensuring safety for vehicles and
pedestrians.
Generally taking open space contributions as cash in lieu, except where the contribution as land
meets the selection and location criteria under Clause 22.15.

21/12/2023
C241whse Review the Whitehorse Development Contributions Plan, October 2023 as required.

14/07/2016
C177 Blackburn Station Shopping Centre Parking Strategy and Management Plan, March 2001
City of Whitehorse Bicycle Strategy, April 2007
Meeting our Transport Challenges, Department of Infrastructure, 2006
Whitehorse Community Road Safety Strategy, 2013
Whitehorse Integrated Transport Strategy, 2011
Whitehorse Open Space Strategy, Thompson Berrill Landscape Design Pty Ltd, in association
with Environment & Land Management Pty Ltd, November 2007
Box Hill Central Activities Area Car Parking Strategy 2013
Page 207 of 1195

21.09 MONITORING AND REVIEW

14/07/2016
C177 A review of the Planning Scheme will be undertaken at least once every three years. To achieve
this, an ongoing program of performance monitoring will be developed to evaluate the achievement
of strategic policy directions and the operational effectiveness of the administration of the
scheme.
To evaluate the achievement of strategic policy directions, a monitoring program will be developed
that will focus on the following key elements:
Strategic Strategies Indicators Actions

Objective
Encourage an Successful A 20% reduction in Complete and adopt the

ecologically implementation of community water Environmentally Sustainable
sustainable Council’s Water Action consumption by 2020 Design Policy.
Whitehorse. Plan and Energy Action consistent with the City
Plan. of Whitehorse Water
Action Plan, 2008-2013.
A 30% reduction in
community greenhouse
gas emissions by 2020
consistent with the City
of Whitehorse Energy
Action Plan.
Reduction of waste and
litter consistent with the
principles and actions in
the City of Whitehorse
Waste Management
Plan, 2011.
Maintain, Support and promote Implementation of Finalise and implement the

develop and greater housing diversity Housing Policy and an Whitehorse Housing Strategy and
enhance our (including affordable Affordable Housing Neighbourhood Character Policy
built housing) balanced with Policy and response to
Incorporate principles of
environment. preserving the heritage, state government
accessibility, walkability and
landscape, cultural and targets.
liveable neighbourhoods into
natural environments.
structure planning and policy
In partnership with the development.
community and key
Work with planning applicants to
stakeholders develop
implement the principles and
policy and principles that
policies defined by Council to
define and guide
achieve more appropriate
responsible and
development.
appropriate development.
Promotion of ‘universal design’
principles (as defined under the
United Nations United Nation
Convention on the Rights of
Persons with Disability).
Undertake a review of the
Planning Scheme.
Deliver the post Heritage Study
1945.
Complete and adopt the
Environmentally Sustainable
Design Policy.
Continue to implement strategies
and plans that identify
enhancements to the built
environment and meet
sustainability objectives.
Investigate opportunities for
improved shared civic open
spaces.
Page 208 of 1195

Strategic Strategies Indicators Actions

Objective
Increase in the Continue to develop a Open space acquired in Continue implementing the
amount of municipality which retains, priority areas as Whitehorse Open Space Strategy.
quality open enhances and increases identified in the
space and open space and Whitehorse Open
improvement in sustainable streetscapes. Space Strategy.
the sustainability
of our natural
environment.
Dynamic local Support the development Implement the Economic

economic of a sustainable, growing Development Strategy 2014-2019.
environment local economy.
Review car parking demand and
that is regionally
Support the industrial and supply in the Box Hill Metropolitan
connected.
retail sectors. Activity Centre.
Support the growth of
health, education and
business sectors.
To evaluate the operational effectiveness of the administration of the scheme and the new system,
a performance monitoring program will be developed that will focus on:
Key element Indicator/s
Efficient decision making Number and nature of decisions made.

process.
Time taken for decisions.
Feedback from development industry on timeframes and costs associated
with applications processed.
Efficient operation of the new Degree of compliance of applications with MSS and local policy
system. objectives.
Consistency of decisions (delegate, council, VCAT) with strategic policy
objectives.
Degree of VCAT support for the clarity of the MSS and local policies.
Page 209 of 1195

22 LOCAL PLANNING POLICIES

17/08/2006
C50(Part 1) Local policies have been developed for some speci昀椀c issues which are facing the City of Whitehorse.
The role of policy in the planning scheme is to give local expression to the broad discretion provided
in each zone and overlay and to help users to understand whether a proposal is likely to be supported
by council.
The policies provide the basis for decision making by Council as the responsible authority.
Page 210 of 1195

22.01 HERITAGE BUILDINGS AND PRECINCTS

04/08/2016
C157(Part 1) This policy applies to all heritage places within the City of Whitehorse which are subject to a
heritage overlay and other heritage buildings identi昀椀ed by Council and where a planning permit
is required, this policy also applies to development on properties adjacent to Heritage Overlays.
22.01-1 Policy basis

04/08/2016
C157(Part 1) Clause 21.05 Environment requires buildings, areas, structures and natural features of heritage
signi昀椀cance to be protected, conserved and enhanced. This is because these places of cultural
signi昀椀cance are important in providing a snapshot into the City of Whitehorse’s past. They are,
therefore, an integral part of the City’s social and cultural identity.
There are over two hundred individual heritage properties scattered throughout the municipality.
These buildings add interest, character and a sense of identity to the neighbourhoods in which they
are located.
The buildings and areas subject to a Heritage Overlay are considered to be the best examples of
their type within Whitehorse. These buildings may have historical, architectural, social,
technological, cultural or scienti昀椀c signi昀椀cance or any combination of these.
The conservation and enhancement of these buildings is critical if the heritage of this municipality
is to be preserved.
To achieve this the MSS requires that the use and development of heritage places is sensitive to
their importance, retaining their integrity, character and appearance. All use, buildings and works
carried out on a heritage property should protect its historic and aesthetic value, whilst reinforcing
its original character. This ensures that its cultural signi昀椀cance is retained. For some heritage places
the retention and conservation of features such as trees, hedges, fences and outbuildings is essential
as they add to the historical importance and setting of the building or structure.
Heritage precincts and group listings are vital in portraying the story of how this City developed
and what life was like at that time. Each precinct has a different character and was built in a different
period, so collectively they make a substantial contribution to preserving the history of the City.
These precincts are to be treated with care to ensure that any redevelopment or change in land use
re昀氀ects their special qualities. Within some precincts there are opportunities to improve their
cohesiveness and aesthetic quality through refurbishment and limited redevelopment, provided
that a consistent set of design and decision making principles are applied.
Statements of significance for the heritage precincts and group listings
Churchill Street Precinct, Mont Albert

The Churchill Street Precinct is of outstanding aesthetic signi昀椀cance. This precinct has one of the
most intact streetscapes of large Edwardian and inter-War houses in the City. The streetscapes are
characterised by a uniformity of scale, setbacks and materials. The houses within the precinct form
an extraordinary cohesive group of substantial upper middle class residences that display a wide
range of interesting Arts and Crafts inspired architectural elements. The houses remain relatively
unchanged from their original form and therefore display a high level of intactness.
Combarton Street Precinct, Box Hill

The Combarton Street Precinct is of considerable aesthetic signi昀椀cance. This precinct contains
the one of the best collections of small Californian bungalow-style houses in the City. The precinct
comprises of homogeneous streetscapes, with nearly all the houses, including those not in the
bungalow style, similar in scale, setback and materials. Although there are many examples of this
housing style throughout the municipality they are generally relatively scattered or in groups of
two or three. In addition, a number of the bungalows within this Precinct are extremely good
examples of Arts and Crafts-in昀氀uenced style. Of particular note are elements such as decorative
brick and timberwork that noticeable in the verandahs of many of the bungalows.
Page 211 of 1195

Mont Albert Residential Precinct, Mont Albert

The Mont Albert Residential Precinct is of considerable aesthetic and historic signi昀椀cance.
Aesthetically, this precinct contains a large number of substantially intact houses that represent
the three major phases of development in Mont Albert - the Victorian, Edwardian and inter-War
periods. The historically important remnant Victorian houses are complemented by a large number
of Edwardian and Inter-War houses exhibiting a range of interesting stylistic characteristics. Most
of the houses display a particularly high level of intactness. The precinct also has historical
associations with the Matthew Davies’ Freehold and Investment Banking Company, an important
nineteenth century property speculator.
Mont Albert Shopping Centre Precinct, Mont Albert

The Mont Albert Shopping Centre is of considerable aesthetic signi昀椀cance. This precinct is the
most intact inter-War shopping centre in the City. Although several shopping centres in the
municipality were developed adjacent to railway stations in the inter-War period, Mont Albert
retains the greatest number of relatively intact shops that display typical inter-War architectural
details, particularly at parapet level. Historically, the stylistic homogeneity of the precinct’s building
stock re昀氀ects the large amount of residential development that occurred in the Mont Albert area
in the 昀椀rst three decades of this century.
Vermont Park Precinct, Vermont South

Vermont Park is of aesthetic signi昀椀cance as an award-winning complex of architect-designed
cluster housing from the 1970’s. At that time, Vermont Park was an innovative and in昀氀uential
experiment in terms of planning, prefabrication and energy ef昀椀cient design. As an early example
of its type, Vermont Park is unique in the City.
Blacks Estate Precinct, Mont Albert

Blacks Estate is of aesthetic and historical signi昀椀cance to the City as it contains the best and most
intact collection of inter-war and 1940’s substantially masonry buildings. The buildings cover a
number of styles, however retain a consistency in materials, scale, setback and detailing. Of
particular aesthetic note are elements such as masonry porches, distinctive chimneys, curved walls
and decorative brickwork. The precinct is rare in the Whitehorse area as an estate that was
subdivided and substantially developed in the 1920’s and 1930’s. While there are many examples
of these housing types throughout the municipality, they are generally scattered and usually in昀椀ll
buildings.
Thomas Street Precinct, Mitcham

The Thomas Street Precinct is of aesthetic and historical signi昀椀cance to the City as an intact
streetscape of late Edwardian and particularly the immediate post World War One era, as expressed
by single storey detached largely Californian Bungalow style housing. The street is of aesthetic
signi昀椀cance as it contains similar setbacks, materials, forms and levels of detail giving the
streetscape a consistent and uni昀椀ed appearance. The Thomas Street Precinct is of historical
signi昀椀cance as it represents the transition period in which the Mitcham area developed from a
rural township to a more suburban township after the electri昀椀cation of the train line and expansion
of the civic centre.
Mount View Court Precinct, Burwood

The Mount View Court Precinct is of historical signi昀椀cance as a good expression of the major
growth in housing in Burwood during the immediate post World War One era, as expressed by
the Californian Bungalow style housing. The precinct is also of aesthetic and historical signi昀椀cance
for its distinctive Bungalow Court form around a central circular green which was a precursor to
cul-de-sac planning widely used in Australia after World War Two. All the houses in the court are
Page 212 of 1195

similar in form, style, detailing and materials and are believed to be State Bank Savings design
homes. The Court is an excellent example of the movement by banks across the nation to support
homebuyers in providing cheap new house options during Australia’s depression years.
Mates’ Housing Development Precinct, Box Hill

Mates’ Housing Development Precinct is of historical signi昀椀cance to the City of Whitehorse as
an intact precinct of houses developed at the same time and by the same developer during the early
1900s. The precinct demonstrates the type of speculative development that occurred in this period.
The precinct is of aesthetic importance for its unity and intactness. All the houses in the precinct
are similar in form, style, detailing and materials. They are excellent intact examples of Federation
style dwellings demonstrating key features characteristic of the style. Mates’ Housing Development
Precinct is also of aesthetic and historical signi昀椀cance for its dairy located on the site.
William Street Precinct, Box Hill

The William Street Precinct is of historical and aesthetic signi昀椀cance for the well preserved
Edwardian style dwellings. The houses in the precinct are good representative examples of the
more humble and working class houses of the Edwardian era housing style, re昀氀ecting the lives of
the residents who built or rented them while living in the Box Hill area.
Tyne Street and Watts Street Corner Precinct, Box Hill North
Tyne Street and Watts Street Corner Precinct Box Hill North, is of historical signi昀椀cance to the
City of Whitehorse as a substantially intact precinct of houses developed at the same time and by
the same developer during the early 1900’s. The precinct demonstrates the type of speculative
development that occurred both in this period and the boom period of housing in the Box Hill
North area. The precinct is a rare, substantially intact precinct of weatherboard Edwardian residences
within the City of Whitehorse, with only the William Street Precinct being comparable.
Alexander Street Precinct, Box Hill

The Alexander Street Precinct Box Hill is signi昀椀cant for its highly consistent and distinctive
collection of intact inter-war houses. It is of historical signi昀椀cance for its association with the
development of Box Hill during the land boom of the 1880’s and the 1920’s and the effect of the
intervening depression of the 1890’s. The original subdivision of land, the lack of immediate
development and the rapid creation of an inter-war estate in the 1920’s are illustrated in this
precinct.
Page 213 of 1195

Windsor Park Estate, Surrey Hills

This precinct is the original portion of the Windsor Park Estate which was purchased, subdivided
and sold by the Freehold Investment and Banking Co Ltd in 1883. It is signi昀椀cant as an illustration
of an early subdivision in the City of Whitehorse and of the early speculative development associated
with the land boom of the 1880’s. It is also signi昀椀cant for its highly distinctive planning and
streetscapes.
Box Hill Commercial Precinct

The Box Hill Commercial precinct is a signi昀椀cant collection of commercial buildings which re昀氀ect
the business centre of Box Hill from the 1880’s to the 1930’s. the precinct is located on the south
side of Whitehorse Road, generally east and west of Station Street. It includes diverse building
styles as applied to commercial buildings. These include Italianate facades of the late 1890’s to
the 1910’s, and 昀椀ne examples of the Art Nouveau, English Domestic revival and the Moderne
style.
AV Jennings Estate Precinct, Nunawading

The eleven houses in this precinct comprise the remains of AV Jennings’ 昀椀rst housing estate in
the post war era. The houses were all based on a standard 昀氀oorplan and design and are similar in
form: asymmetrical triple-fronted hip roofed dwellings constructed mostly in timber, but two
examples have been constructed in brick. The precinct has historical and architectural signi昀椀cance
Page 214 of 1195

to the City of Whitehorse. This small estate at Nunawading paved the way for the company to
expand further and corner the post-war market, creating huge residential estates in developing
outer suburbs such as Glen Waverley, Mulgrave and Frankston.
Burwood Skyline Drive-in Cinema (Group Listing), Burwood

Remnants of the former Burwood Skyline Drive-in Cinema are located at 200 Burwood Highway,
Burwood East, and in a small park in nearby McComas Grove. The infrastructure is all that remains
of Australia’s 昀椀rst, longest running and most successful drive-in cinema and provides rare evidence
of a widespread form of post-war recreation. The infrastructure of the Burwood Skyline Drive-in
Cinema has both historic and social signi昀椀cance to the City of Whitehorse.
The Burwood drive-in cinema is one of only 昀椀ve drive-in cinema sites in Victoria to retain some
of the original elements, and it is one of only two drive-in cinemas where elements date from the
1950s. The original tree-lined entrance driveway off McComas Grove contributes to the site’s
heritage signi昀椀cance and represents the earliest surviving fabric from the original drive-in. Other
elements provide evidence of the cinema’s expansion and upgrading. These elements comprise a
former detached dining building referred to as the Maori Hut (1955), the former walk-in shelter
(1959-60), a tree-lined barbeque area with barbecue, picnic tables, man-made lake and remnant
landscaping, the replacement ticket booth/entry building (1975) and lampposts. The former Maori
Hut is a unique survivor of its type in Victoria and provides evidence of the 1950’s interest in
South Polynesian culture.
Concept Construction Display Homes Precinct, Forest Hill

The group of three houses at 234-238 Canterbury Road Forest Hill, was erected in 1969-70 as a
small display village for a new project housing company. The company targeted the higher end
of the project housing market and offered customised houses based on themed concepts by three
leading architectural practices. The landscaped setting enhances the houses and also contributes
to their heritage signi昀椀cance.
The houses are historically signi昀椀cant as evidence of an attempt to transform the project housing
market during its peak of popularity. Rather than simply selling standardised designs for mass
replication, the company offered three themed architect-designed houses which could be customised
to meet the speci昀椀c needs of individual clients. This approach was a direct response to project
housing boom of the late 1960’s when the market was 昀氀ooded with many companies competing
against one another. Bold innovations and more luxurious designs began to emerge in an effort to
challenge public preconceptions of project housing.
Architecturally the houses are signi昀椀cant for associations with three leading architectural practices
of the day, which was unusual in project housing at the time. The houses are individually notable
as well as collectively signi昀椀cant.
Other heritage buildings

Over the last few decades a signi昀椀cant number of heritage properties have been lost through
demolition and unsympathetic redevelopment and extensions. It is imperative, therefore, that
Council and the community strive to retain as many of the existing heritage buildings, and the
intactness of the heritage precincts, as possible.
There will be buildings, structures and natural features not identi昀椀ed in the Schedule to the Heritage
Overlay that have a high level of heritage signi昀椀cance. Existing heritage studies do not identify
every heritage place within the municipality. Council is, however, working hard to identify and
protect other historical buildings, structures and features.
This means that there will be instances where Council will quickly assess the heritage signi昀椀cance
of buildings not affected by a Heritage Overlay. If found to be signi昀椀cant, Council will take the
appropriate steps to inform all parties involved with the building about its signi昀椀cance and take
steps to protect the building.
Page 215 of 1195

These buildings are important to the City’s heritage and make a signi昀椀cant contribution to
neighbourhood character through their aesthetic and architectural value. Many of these properties
have signi昀椀cant potential for renovation and restoration, which is strongly encouraged. Council
considers that these heritage places should be preserved where possible in order to provide a wide
range of heritage places to enrich the character, identity and heritage of the municipality.
Levels of significance
Every building assessed as being of cultural signi昀椀cance in the City of Whitehorse has been, or
will be, graded according to its heritage contribution to the municipality. The levels of signi昀椀cance
are:
Signi昀椀cant heritage places which are places (building and surrounds, structures, trees, etc.) that
have cultural heritage signi昀椀cance independent of their context. Within a Heritage Overlay applying
to a precinct each individually signi昀椀cant place may also contribute to the signi昀椀cance of the
precinct.
Contributory heritage places which are places (building and surrounds, structures, trees, etc.) that
are representative of the precinct in which they are located and contribute to the signi昀椀cance of
the area or precinct. They are not considered to be individually signi昀椀cant in their own right,
however along with other contributory places, demonstrate the cultural signi昀椀cance of the precinct.
Non-contributory places which are places (building and surrounds, structures, trees, etc.) within
a precinct that do not make a contribution to the signi昀椀cance of the precinct. Their inclusion in a
Heritage Overlay is to ensure that development of those places do not detract from the signi昀椀cance
of the precinct.
22.01-2 Objectives
17/08/2006
C50(Part 1) To preserve and maintain a range of buildings, features and precincts of historical and cultural
signi昀椀cance in order to provide a snapshot of the City’s origins and how it has developed over
time.
To retain the architectural diversity of buildings within the municipality with a focus on
conserving and enhancing the integrity, cohesiveness and aesthetic value of individual heritage
buildings and precincts.
To ensure that new land use, development, buildings and works in and around properties and
precincts subject to a Heritage Overlay is sympathetic to their signi昀椀cance, character, scale,
design, setbacks, form and colour scheme.
To ensure that all possible avenues are pursued to ensure the conservation of heritage sites and
that demolition is allowed only where there are extenuating circumstances.
To encourage conservation and other works including maintenance, restoration, reconstruction
and adaptation that assist in the restoration of original features and colour schemes of heritage
buildings and precincts to enhance their character and contribution to neighbourhood character
and the overall streetscape.
22.01-3 Policy
04/08/2016
C157(Part 1) It is policy that:
Subdivision
Subdivision of a property supporting a heritage place should not adversely affect the signi昀椀cance
of the heritage place or other features protected by the Heritage Overlay.
The subdivision layout should maintain the original setting of the heritage place, including the
retention of original garden areas and or other such features that create a setting for the heritage
building.
Page 216 of 1195

Where located in a heritage precinct, the proposed pattern of subdivision should be consistent
with that of the precinct in terms of its layout and lot size and be able to support buildings that
are similar in scale, bulk and setbacks to that which is consistent with the statement of
signi昀椀cance for the precinct.
Subdivision of land supporting heritage places should conserve and enhance the heritage place.
Demolition and removal of buildings

Subject to the provisions of this Policy any heritage places, building, structure or feature identi昀椀ed
in the heritage studies listed as a reference document to this clause and subject to a Heritage
Overlay, should be retained.
The demolition or removal of buildings within heritage precincts that are consistent with the
character and statement of signi昀椀cance of the precinct will be strongly resisted in order to
maintain the integrity of, and cohesion within, the precinct. The loss of these buildings would
undermine the quality and intactness of the precinct and the reasons why the precinct was
originally designated.
Heritage places identi昀椀ed in heritage studies and subject to a heritage overlay should be
conserved where possible as they contribute to the aesthetic quality of the municipality and
provide for a range in the quality and type of heritage places.
Council will only consider the removal of heritage buildings if the applicant can prove that
there are extenuating circumstances regarding the building/land.
New buildings and works

Additional buildings or works on land affected by this policy should conserve, and be
sympathetic to, the heritage place identi昀椀ed in the Heritage Overlay schedule.
The design and location of new buildings and works should not adversely impact on the heritage
value and signi昀椀cance of the building(s) and/or precinct, or other features protected pursuant
to the Heritage Overlay schedule.
Development on sites adjacent to heritage buildings and precincts should be sympathetic to the
heritage place in terms of its bulk, setbacks, materials, colour scheme and form. Care should
be taken not to ‘mock’ the heritage building style.
Development, buildings and works on heritage places affected by this policy should where
possible, conserve and enhance the heritage place.
External alterations
Council strongly encourages external alterations that include preservation, restoration or
reconstruction of the original heritage building in a way that relates to the original features and
form of the building.
External alterations should not adversely impact on the cultural signi昀椀cance, character,
architectural value of the building and/or precinct or its contribution to the streetscape.
Alterations should be designed and located in a way that does not dominate the original building
and retains its cultural signi昀椀cance. The bulk, style, detailing and form of external alterations
should be sympathetic to the original fabric and design characteristics of the building.
The alterations should be in the same style as the original place but with simpli昀椀ed details or
should be designed in a contemporary manner that relates to the old work in terms of location,
bulk, form and materials. The alterations should be distinguishable from the original building.
External painting
Council strongly encourages the application of original colour schemes to heritage buildings.
Page 217 of 1195

Where heritage buildings are located in a heritage precinct, the use of colour schemes true to
the period and style of the buildings and precinct is essential to conserve and enhance the
integrity, cohesiveness and quality of the precinct.
Colour schemes should be consistent with those contained in the schedule of heritage colours
and other painting advice prepared by Council.
Trees and hedges

The removal or lopping of trees and hedges identi昀椀ed in the Heritage Overlay schedule as being
protected is strongly discouraged as they make a signi昀椀cant contribution to the setting and
heritage value of the heritage place.
Removal or lopping of protected trees and hedges will only be supported where parts or all of
the tree(s) or hedge(s) are dead, dying or imminently dangerous.
22.01-4 Performance measures

14/04/2016
C172(Part 1) The following performance measures are considered to satisfy the policy objectives and statements
outlined above:
All applications
Planning permit applications should be accompanied by an assessment from a suitably quali昀椀ed
and experienced heritage architect outlining how the application conserves, enhances, and is
sympathetic to, the signi昀椀cance of the heritage building and/or precinct.
Subdivision
The assessment prepared by the heritage architect should outline how the subdivision conserves
and enhances the signi昀椀cance of the heritage building and/or precinct.
Where the subdivision pattern is not consistent with that of the original heritage place and/or
precinct the applicant should submit reasons as to why this cannot be achieved and how the
alternative subdivision pattern makes a positive contribution to the heritage place or precinct.
The pattern of subdivision should conserve the setting of the heritage building, providing
suf昀椀cient space to retain garden areas, buildings and other features essential to the character,
importance and integrity of the building.
Demolition or removal of a building

Demolition or removal of a heritage building (either signi昀椀cant or contributory) within a heritage
precinct or individually listed in the Schedule to the Heritage Overlay, will only be permitted
where all of the following circumstances apply:
– The building has been signi昀椀cantly damaged since the Heritage Overlay was applied to the
property or the building is structurally unsound and is unable to be made safe to Council’s
satisfaction without signi昀椀cant alteration to the original fabric of the building, thereby
reducing the signi昀椀cance of the building to an extent which a Heritage Overlay should no
longer be applied; and
– The application is accompanied by an assessment from a suitably quali昀椀ed and experienced
heritage architect outlining why the building cannot be retained. This report should also
investigate options to retain some part of the building to commemorate the historical
associations and importance of the site, if appropriate.
– Removal of heritage buildings will be considered only if there is written evidence justifying
the special circumstances relating to the building. The Applicant should make a written
submission outlining the reasons why Council should allow the removal to proceed. Details
and evidence of how and where the building will be moved it must also accompany the
application.
Page 218 of 1195

Demolition or removal of buildings located in heritage precincts that are not consistent with
the historical and architectural signi昀椀cance of the precinct (regarded as non-contributory
buildings) will generally be permitted, provided that all of the following are met:
– The applicant can demonstrate that the replacement buildings will make a more positive
contribution to the value and cohesiveness of the heritage precinct in terms of building
design, scale, materials and layout than the existing building; and
– The report prepared by the heritage architect outlines why the demolition and proposed
replacement buildings would make a more positive contribution to the precinct; and
– If a partial demolition is proposed, that the demolition will not adversely affect the precinct’s
heritage signi昀椀cance; and
– The replacement building complies with all other parts of this policy.
The following information should be supplied by the applicant upon applying for a planning
permit to either demolish or remove the building:
– A comprehensive photographic record of the building and its setting in the streetscape; and
– A plan of the building’s footprint and layout; and
– If removal is proposed, a copy of title for the property to which it is being relocated; and
– A copy of the building permit for the site to which the building is being relocated; and
– A report on how the building is to be moved and how it will be restored in its new location.
New buildings and works

The report prepared by the heritage architect should outline what techniques have been used
to ensure new development is consistent with the bulk, form, setbacks and style of the heritage
building and/or precinct.
Where features such as gardens, trees, outbuildings and fences that provide a setting for the
heritage building/precinct cannot be preserved, the heritage architect should outline why these
features cannot be retained, assess what impact their loss would have on the integrity and
signi昀椀cance of the heritage place and what measures can be taken to minimise any negative
impact.
The design of new buildings and works should not ‘mock’ the historic building but rather
complement the original fabric and design characteristics of the heritage building in terms of
its bulk, style, materials, setbacks, colour scheme and form.
New buildings and works should be designed and located in a way that does not dominate the
heritage building or detract from its aesthetic or architectural signi昀椀cance.
Existing views of the heritage building from the street should be preserved to acknowledge the
contribution heritage places make to neighbourhood character and the overall streetscape.
Buildings and works should conserve the setting of the heritage building through the retention
and conservation of original garden areas, driveways and other features around the building
that are integral to its character and historical signi昀椀cance.
Where possible, works that improve the visibility of the heritage place from the streetscape are
encouraged where they do not remove features or buildings that contribute to a building or
precinct’s historical signi昀椀cance.
External alterations
The report prepared by the heritage architect should outline how the proposed alteration(s)
conserves and enhances the heritage signi昀椀cance of the building and enhances its heritage
value.
Page 219 of 1195

Alterations to the front façade of heritage buildings should be treated with particular care in
recognition of their potential negative impact on the architectural and aesthetic contribution of
the building to the streetscape.
Alterations to the rear of buildings are encouraged as they are less detrimental to the aesthetic
and architectural contribution of the building to the streetscape and/or the heritage precinct.
The materials used for the external alterations should be sympathetic to the nature and colour
of the original fabric of the building to Council’s satisfaction. Where the colours and materials
of the original fabric have been substantially changed, and cannot be reasonably reinstated, the
external alterations should be compatible with that of the existing building.
Where the original fabric of the building has been substantially altered, Council encourages
the use of materials and colour schemes that are consistent with the style and period of the
original house. Returning of lost or altered fabric back to its original state is encouraged if there
is suf昀椀cient evidence available to carry this out accurately.
External painting
Applications to use colours that are not on the heritage colour schedule supplied by Council
should be accompanied by a report by a heritage architect outlining whether the original colour
scheme can be ascertained by undertaking a paint scrape. If the colour scheme cannot be
identi昀椀ed, the heritage architect should provide reasons as to why the alternative colour scheme
is appropriate for the period and style of the building and/or precinct.
Trees and hedges

Applications to remove part or all of a tree(s) or hedge(s) listed in the Heritage Overlay Schedule
should be accompanied by a report from a quali昀椀ed arborist outlining the health and structure
of the tree and why it is considered to be dying or imminently dangerous.
The report prepared by the heritage architect should outline what impact the proposed
removal/lopping will have on the signi昀椀cance of the heritage place and what measures should
be taken to minimise any negative impact.
22.01-5 Decision Guidelines

14/04/2016
C172(Part 1) Before determining an application, in addition to the decision guidelines provided in clause 65,
the responsible authority will consider the relevant citation and Statement of Signi昀椀cance provided
in the reference documents identi昀椀ed in Clause 22.01-6.

04/08/2016
C157(Part 1) City of Whitehorse Heritage Review, 1999
City of Whitehorse Heritage Review, 2001
Heritage Precincts Report, 2004
City of Whitehorse Individual Heritage Properties Review, 2006
William Street Precinct Report, 2010
City of Whitehorse Heritage Assessments, 2010
Whitehorse Heritage Review, 2012
City of Whitehorse Post 1945 Heritage Study, 2015
Page 220 of 1195

22.02 VISUAL AMENITY AND ADVERTISING SIGNS

17/08/2006
C50(Part 1) This policy applies to all applications for advertising, public signage, and satellite dishes.

17/08/2006
C50(Part 1) Clause 21.05 Environment emphasises that if not appropriately managed, the proliferation of
signage can signi昀椀cantly reduce the visual amenity of the area. It is therefore vital that the scale
and nature of signage is appropriate to the role and character of its surrounds.
Clause 21.05 Environment also recognises that the infrastructure required to provide access to
information technology can have a substantial impact on the streetscape and visual amenity of the
City of Whitehorse if not sensitively managed. The siting of telecommunication carrier facilities
and satellite dishes in昀氀uences the visual amenity of the area, and it is important that the selection
of sites minimises detriment to sensitive nearby uses. Applying the principle of “prudent avoidance”
which seeks to locate facilities in areas which minimise contact, and hence the risk of exposure to
electro-magnetic radiation, Council will also encourage siting facilities away from people,
particularly the young, aged or in昀椀rmed and away from schools, child care centres, children’s
playgrounds, hospitals or retirement villages.
22.02-2 Objectives
17/08/2006
C50(Part 1) To encourage well designed and effective signage.
To preserve the visual amenity of the locality by avoiding disorder, clutter and excessive
advertising on buildings and structures.
To ensure that signage is in proportion to the building or structure on which it is to be located
so that it does not become the dominant element in the built form.
To ensure that signage does not obscure or detract from architectural or historic detail of the
host, or adjacent, buildings.
To ensure that signage is located and designed with regard to the safe operation of the road
network.
To ensure that the need for modern communication facilities and services is balanced against
the visual and health implications of the community.
To provide clear direction for owners of residential properties in the installation and siting of
telecommunication facilities and satellite dishes.
22.02-3 Policy
17/08/2006
Retail, office and industrial areas

High wall and panel signs are discouraged from visually dominating the viewable proportion
of the wall.
Signs painted directly onto walls are encouraged to minimise visual impact.
Bunting, promotional, high wall, sky, panel, animated and re昀氀ective signs are discouraged due
to the resultant visual clutter and detriment to the amenity of the area.
Promotional signs that project outside the perimeter of the building are discouraged because
of their visual dominance and detriment to the amenity of the area.
Above verandah signs are discouraged from being greater than 1.5 m2 and from projecting
more than 0.7 metre from the wall face.
Pole signs are encouraged to be limited to one per site; be no higher than the building on the
site and with a total advertising area no greater than 6 m2.
Page 221 of 1195

Residential areas
The quantity of signs is encouraged to be kept to a practical minimum and be designed with
regard to the character and amenity of the area.
Floodlit and internally illuminated signs are encouraged to be limited to roads with high traf昀椀c
volumes due to their visual dominance and their potential to be detrimental to the amenity of
abutting residential properties and the streetscape.
Free-standing signs for medical centres and similar non-residential uses and home businesses
are encouraged to be of a low pro昀椀le design with a maximum height of 2 metres to minimise
visual intrusion into the residential streetscape.
Bunting, re昀氀ective, pole, promotional, high wall, sky, panel, animated and re昀氀ective signs are
discouraged as they are intrusive in residential areas and would be detrimental to the amenity
of the area.
Business signs are encouraged to be a maximum of 2m2. This may be increased if more signage
is demanded given the nature of the use (e.g. service stations).
Above verandah signs are encouraged to be a maximum of 1 m2 and not projecting more than
0.5 metre from the wall face.
Promotional, panel and sky signs on the Eastern Freeway

Signs of this nature are discouraged along the Eastern Freeway given that they are visually
intrusive and dominant, and will detract from the visual amenity of both the Freeway and natural
bushland environment in which it is set.
Roads and public land

The proliferation of signs is discouraged given that visual clutter and the dominance of signs
would reduce the landscape value and amenity of the area.
Signs are encouraged to be sympathetic to the function and aesthetics of the location and not
visually dominate the streetscape.
Signs which may constitute a safety hazard through the type or level of illumination, colours
or form of advertising are not encouraged.
Satellite dishes
Satellite dishes should be positioned to minimise their appearance from the property frontage
or any side street. Where much of the satellite dish is visible from the private open space of an
adjoining residence, appropriate screening should be provided if the dish cannot be relocated.
22.02-4 Application requirements

17/08/2006
C50(Part 1) All applications for promotional, panel and sky signs are to be accompanied by a written submission
which includes:
Justi昀椀cation of why the sign is required.
A description of how the sign meets the SPPF and LPPF.
A full site analysis. The site analysis should include information about:
The land use of the subject site and adjoining properties.
The size of the subject site and the structure on which it is to be located.
The extent of advertising on the subject site and adjoining properties.
Views which could be affected by the proposed sign.
Proposed view lines of the sign (i.e. intended audience).
Page 222 of 1195

A skyline perspective of the sign.

Other features which may affect the design of the sign.
All applications for carrier facilities or satellite dishes (comprising antennas/dishes, support
structures and associated equipment) are to be accompanied by a written submission which identi昀椀es
at least three sites for the establishment of a facility prior to the lodgement of an application. These
options should have regard to locality, new technology, visual and environmental impact.
Page 223 of 1195

22.03 RESIDENTIAL DEVELOPMENT

14/10/2014
C160 This policy applies to all applications for development within the Neighbourhood Residential,
General Residential, Residential Growth, Mixed Use and Priority Development Zones. Development
of land in these zones will need to demonstrate consistency with the attached Neighbourhood
Character Precincts map (Map 1).
This policy will be used to supplement the neighbourhood character and residential policy
requirements of Clauses 54, 55 and 56.

14/10/2014
C160 The importance of residential development within the City of Whitehorse is set out in the Municipal
Strategic Statement (MSS).
This policy:
Builds on the MSS objectives in Clause 21.06 – Housing relating to maintaining and enhancing
the character of the City’s residential areas.
Ensures that residential development within the City of Whitehorse is consistent with the three
categories of housing change and the housing objectives of Clause 21.06 – Housing.
Speci昀椀es the preferred built form, landscape and neighbourhood character sought by Council
and the community for each of the Character Precincts within the City of Whitehorse.
Builds on the MSS objectives in Clause 21.05 – Environment relating to ensuring that
development is of high quality and compatible with the character and appearance of the area
and providing adequate open space and landscaping for new development.
22.03-2 Objectives
14/10/2014
C160 To ensure that residential development within the City of Whitehorse is consistent with the
built form envisaged for the three categories of housing change, those being limited, natural
and substantial change.
To ensure development contributes to the preferred neighbourhood character where speci昀椀ed.
To provide certainty to the community about the areas targeted for and protected from increased
development.
To ensure that new development minimises the loss of trees and vegetation.
To ensure that new development does not detract from the natural environment and ecological
systems.
To ensure that new development provides adequate vegetation and gardens consistent with the
preferred neighbourhood character.
To recognise the potential for change as a result of new social and economic conditions, changing
housing preferences and State and local planning policies.
To accommodate the population increases in the municipality in the areas identi昀椀ed as being
able to sustain higher density based on environmental and infrastructure considerations.
To recognise that areas of substantial and natural change will make a signi昀椀cant contribution
to increases in housing stock.
To facilitate development in areas of substantial change.
To limit dwelling densities in the limited change areas identi昀椀ed as having either character,
heritage, environmental or infrastructure constraints.
Page 224 of 1195

22.03-3 Policy
14/10/2014
C160 It is policy that:
Council will assess new applications for dwellings and subdivisions against the relevant objectives
and strategies for the three categories of housing change, as identi昀椀ed in Clause 21.06 – Housing
and detailed below in Clause 22.03-4.
Council will ensure that the Preferred Character Statements speci昀椀ed in Clause 22.03-5 and relevant
precinct guidelines within the Whitehorse Neighbourhood Character Study 2014 will be applied
to all applications for dwellings and subdivisions in the speci昀椀ed Character Area, Institutional or
other large strategic development sites.
22.03-4 Categories of Housing Change

14/10/2014
C160
Strategies for Limited Change Areas
Ensure residential development is of a scale, form and character that is consistent with the
surrounding area, and will predominantly comprise:
– Detached dwellings
– Semi-detached dwellings
Provide some diversity of dwelling sizes and tenures, including affordable housing, where
feasible.
Ensure the scale and appearance of new housing respects the appearance of surrounding
development and the environmental, heritage and neighbourhood character values of the area.
Encourage the retention of older dwellings in areas where these buildings dominate, and limit
new development to two dwellings per lot.
Strategies for Natural Change Areas

Encourage low and medium density housing in the following forms:
– Detached houses.
– Semi-detached dwellings, townhouses, row or terrace houses.
– Units or townhouses.
Support new medium density developments in Natural Change Areas that:

– contribute to the preferred neighbourhood character for the location.
– provide a sensitive and appropriate interface with adjoining streetscapes, buildings and
residential areas.
Provide a range of dwelling types, sizes and tenures, including affordable housing, in larger
developments.
Locate medium density housing, in the form of townhouses or units, close to transport, activity
centres and community infrastructure.
Ensure that the siting and design of new dwellings is respectful of surrounding development.
Ensure buildings interfacing sensitive areas and uses in natural change areas are of a scale and
massing appropriate to the character and scale of their context.
Consider the retention of older dwellings in areas where these buildings dominate.
Strategies for Substantial Change Areas

Encourage the following forms of housing in Substantial Change areas:
Page 225 of 1195

– Townhouses.
– Units.
– Flats and apartments.
Shop-top dwellings and low scale apartment developments in activity centres:

– Are encouraged at locations within key Neighbourhood Activity Centres identi昀椀ed in
Schedule 4 to the Design and Development Overlay and in designated areas abutting the
Principal Public Transport Network and main roads.
– Should provide a sensitive and appropriate interface to adjoining streetscapes, buildings and
residential areas.
Locate new development in the form of 昀氀ats and apartments in Substantial Change Areas only.
Provide a range of dwelling types, sizes and tenures, including affordable housing, in larger
developments.
Ensure buildings interfacing sensitive areas and uses have a scale and massing appropriate to
the character and scale of their context.
Create a new, higher density urban character in areas located away from sensitive interfaces.
Prioritise works to improve the appearance, function and safety of the public realm in locations
subject to the greatest increase in residential density.
In new street layout, add to and extend the pattern of surrounding streets, and provide convenient,
safe and frequent pedestrian connections into surrounding areas.
Ensure streets and other spaces are designed and managed as public spaces with unconstrained
access, with high quality and durable 昀椀nishes.
Ensure new development provides space for planting, communal spaces and rooftop gardens
to improve the amenity and liveability of dwellings.
Ensure adequate infrastructure is in place to support substantial change areas.
22.03-5 Preferred Character Statements

14/10/2014
C160
Bush Environment
The streetscapes will be dominated by vegetation with subservient buildings frequently hidden
from view behind vegetation and tall trees. The buildings will nestle into the topography of the
landscape and be surrounded by bush-like native and indigenous gardens, including large indigenous
trees in the private and public domains.
Buildings and hard surfaces will occupy a very low proportion of the site. They will be sited to
re昀氀ect the prevailing front, rear and side setbacks. The larger rear setbacks will accommodate
substantial vegetation including large canopy trees. The bushy environs are complemented by
street trees and a lack of front fencing. Properties abutting and close to creeks and lake environs
will contain more indigenous trees and shrubs that act in part as wildlife corridors.
This precinct is identi昀椀ed for the lowest scale of intended residential growth in Whitehorse (Limited
Change area) and the preservation of its signi昀椀cant landscape character and environmental integrity
is the highest priority.
Bush Suburban 1
Dwellings will be dominated by the vegetated surrounds and sit within the landscape. While often
visible from the street, buildings will not dominate the streetscape or penetrate the predominant
tree canopy height and will 昀椀t within the contours of the site. The established pattern of front and
side setbacks will be maintained, allowing suf昀椀cient space for retention, planting and growth of
trees. All redeveloped properties within the area will contribute to the bushy landscape character
Page 226 of 1195

of the public realm, incorporating large native / indigenous canopy trees and vegetation. The
vegetated character of the streetscape will be complemented by the absence of front fencing, or
low open style front fences, allowing views into private gardens.
Bush Suburban 2
The area will retain its classic bush suburban characteristics of low scale, pitched-roof dwellings
set in spacious garden settings. The de昀椀ned pattern of regular front setbacks and side setbacks
from at least one side boundary will be maintained, allowing suf昀椀cient space for planting and
growth of new vegetation. New buildings and additions will appear regular from the street and
will be set back at upper levels to allow views between dwellings.
Low or open style front fences will provide a sense of openness along the streetscape, and allow
views into front gardens. The landscape character of the area will be enhanced through the planting
and growth of new vegetation, including large shrubs and tall canopy trees.
Areas with good access to train stations will accommodate more dwellings with slightly more
compact siting than the remaining residential areas, but with space for large trees and gardens.
Bush Suburban 3
The low scale, pitched roof dwellings will sit within established garden settings that contain
substantial vegetation including native and exotic canopy trees. The dominance of remnant
indigenous eucalypts is retained and enhanced.
Properties abutting or situated close to Gardiners Creek, the Blackburn Creeklands and Wurrundjeri
Walk, or with interface to Bush Environment areas will contain substantial vegetation, and
development will be sited so that the overall visibility of buildings is minimised when viewed
from the open space corridors.
New buildings will occasionally be built to one side boundary, however the rhythm of dwelling
spacing appears regular from the street. In areas where timber predominates, new buildings utilise
complementary materials. The impression of the streetscape will be of informality and openness
due to a frequent lack of front fencing or low, unobtrusive fences, and the landscaped setting.
The landscape character of the area will be enhanced through the planting and growth of new
vegetation, including large shrubs and tall canopy trees.
Bush Suburban 4
The dwellings will sit within established bushy garden settings, comprising large canopy trees and
extensive native planting. The buildings are often partially hidden by vegetation and, while evident
in the streetscape vista, do not dominate the streetscape. Large native and some exotic trees on
public and private land provide a backdrop of vegetation, visible between and behind dwellings.
Front fences are either not provided or are low, contributing to an informal and vegetation fringed
streetscape. Properties abutting and close to the parklands (Heatherdale Reserve, Simpson Park
and Melbourne Water pipe reserve) will contain more trees that complement the park landscape
and contribute to the overall tree canopy.
Areas around Mitcham station and the MegaMile Activity Centre will accommodate more dwellings
with slightly more compact siting than the remaining residential areas, but with space for large
trees and gardens.
Bush Suburban 5
Modest, low scale dwellings sit within well-established garden settings, including substantial native
shrubs and tall canopy trees. Generous sized front and side setbacks will be maintained, allowing
suf昀椀cient space for the continued planting and growth of new vegetation. The spaciousness of the
area will be further complemented by the absence of front fencing, or low open style front fences,
allowing views into front gardens. Properties abutting and close to parklands and the Koonung
Page 227 of 1195

Creek Trail will re昀氀ect and contribute to the landscape character of the creek corridor, incorporating
large canopy trees and native vegetation. Street trees further contribute to the vegetation dominated
character of the area.
Bush Suburban 6
The mixed, low scale dwelling styles will be set within established, largely exotic garden settings.
Generous front, side and rear setbacks will provide space for large trees and shrubs that dominate
the streetscape and provide a backdrop to most properties. While occasionally visible from the
street, new buildings will sit well below the tree canopy height and will be set back at upper levels.
The large street trees will continue to provide an important contribution to the vegetation dominated
streetscapes.
Bush Suburban 7
The modest dwellings will sit within established bushy garden settings that contain substantial
vegetation, including large trees. Buildings will continue to be partially hidden behind vegetation,
and adhere to the regular setback patterns of the street. The streetscape will retain an informal
character due to the lack of front fencing and dominant landscape surroundings. The tall, native
eucalypts in streets and private gardens will continue to provide a signi昀椀cant contribution to the
tree canopy across the precinct. Properties abutting and close to the Dandenong Creek parklands
will contain more trees that complement the creek-side landscape.
Bush Suburban 8
The low scale dwellings will sit within spacious and informally landscaped grounds that contain
substantial vegetation including large trees. Dwellings will be partially visible from the road and
be set back large distances from all boundaries. In Terrara Road, gardens may incorporate large
grassy expanses. Materials and 昀椀nishes will be subdued, blending with the surrounding environment.
The Bellbird Dell Reserve forms the core of the area and vegetation will appear to 昀氀ow from the
Reserve through the streetscapes, which is further enhanced by a lack of front fences and wide,
grassy nature strips.
Bush Suburban 9
The bushy landscape character afforded by substantial native shrubs and tall canopy trees will
remain a key characteristic of the area. Modest dwellings will continue to be partially hidden
behind vegetation, and adhere to the regular setback patterns of the street. Buildings will be absorbed
into the vegetation-dominated landscape and re昀氀ect the topography by being designed to step
down the site and follow the contours.
The streetscape will retain an informal character due to the lack of front fencing and dominant
landscape surroundings. The tall, native eucalypts in streets and private gardens will continue to
provide a signi昀椀cant contribution to the tree canopy across the precinct. Properties abutting and
close to the Dandenong Creek corridor will contribute to the bushy landscape character of the
public realm, incorporating large canopy trees and native vegetation.
The openness of the streetscape will be enhanced by the absence of front fencing, or low open
style front fences, allowing views into private gardens.
The areas within this Precinct will be investigated for possible inclusion in the Bush Environment
character type.
Garden Suburban 1
The simple, moderately scaled dwellings, including many from the Interwar era, will sit within
low-set, spacious gardens and are clearly visible from the street through open frontages. The formal
character of the area will be enhanced by garden settings with tall trees, lawns, garden beds and
shrubs. A sense of spaciousness will be established and enhanced with consistent front and side
setbacks, and low or open style front fences.
Page 228 of 1195

Buildings will be occasionally built to the side boundary, but appear to have side setbacks with
space for planting. Buildings close to Gardiner’s Creek will be sited so that the overall visibility
of the development is minimised when viewed from the creek corridor, which will enhance the
natural, bushy settings. Vegetation from private gardens will enhance the existing landscape
character of the creek corridor, incorporating large native / indigenous canopy trees.
Areas within the Structure Plan areas of Burwood Village and nearby (Substantial Change) will
undergo change to accommodate new medium density dwellings with more compact siting, while
retaining space for landscaping including trees.
Areas with good access to trams will accommodate more dwellings with slightly more compact
siting than the remaining residential areas, but with space for large trees and gardens.
Garden Suburban 2
The combination of heritage and quality older style dwellings and well designed contemporary
buildings set within large gardens will continue to form the key characteristics of this area. New
dwellings will be sited in generous gardens to re昀氀ect the spacious qualities and the dominance of
planting in the streetscape. Buildings or extensions will respect neighbouring properties from
earlier periods, in scale and siting.
The vegetated character of the area will be maintained by retaining consistent front setbacks that
allow for trees and shrubs. Buildings will be set back from side boundaries to provide a visual
separation re昀氀ecting the typical rhythm of the streetscapes. Low or open style front fences will
allow private gardens to contribute to the leafy character of the area.
Areas with good access to trams and train stations will accommodate more dwellings with slightly
more compact siting than the remaining residential areas, but with the continued incorporation of
trees and gardens, and high quality, responsive design.
Garden Suburban 3
The area will retain its classic garden dominated characteristics with low scale dwellings set in
generous garden settings. Wide front and side setbacks from at least one side boundary allow views
between dwellings, and low or open style front fences will continue to contribute to the spacious
character of the area. The landscape settings will be enhanced through the planting and growth of
new vegetation, including large shrubs and tall canopy trees.
Properties abutting or situated close to Gardiner’s Creek will contain substantial vegetation, and
from the creek corridor.
Areas with good access to trams and Wattle Park shopping centre will accommodate more dwellings,
including well designed medium density housing, with slightly more compact siting than the
remaining residential areas, but with space for large trees and gardens.
Garden Suburban 4
The area will retain its classic garden suburban characteristics of modest, pitched roof dwellings
in formal garden settings. The de昀椀ned pattern of regular front setbacks and side setbacks from
both side boundaries will be maintained, allowing suf昀椀cient space for planting and growth of new
vegetation. Low or open style front fences will provide a sense of openness along the streetscape,
and allow views into front gardens.
Properties abutting or situated close to Gardiner’s Creek will contain substantial vegetation, and
from the creek corridor.
In areas along the tram corridor on Burwood Highway (Substantial Change) in昀椀ll development
including medium density housing and apartment developments will be common, however new
buildings and additions will be set back at upper levels to minimise dominance in the streetscape
and impact on nearby standard residential areas.
Page 229 of 1195

Areas with good access to trams and shops will accommodate more dwellings, including well
designed medium density housing, with slightly more compact siting than the remaining residential
areas, but with space for large trees and gardens.
Garden Suburban 5
The modest, pitched roof dwellings will sit within well-established garden settings and will not
dominate the streetscape due to consistent siting patterns and substantial planting of canopy trees.
The rhythm of dwelling separation will appear regular from the street, even with buildings
occasionally built to one side boundary. The streets will have a spacious and leafy feel, which is
complemented by tall trees in the public and private realm, visible front lawn areas due to the
frequent lack of or low front fencing and grass nature strips.
In areas adjacent to the tram corridor along Burwood Highway (Substantial Change) and the areas
designated Substantial Change within the Burwood Heights adopted structure plan and within the
Tally Ho Major Activity Centre adopted urban design framework, in昀椀ll development including
medium density housing and apartment developments will be common. New buildings and additions
however, will be set back at upper levels to minimise dominance in the streetscape and impact on
nearby standard residential areas.
Areas with good access to trams and shops will accommodate more dwellings, including well
designed medium density housing, with slightly more compact siting than the remaining residential
Garden Suburban 6
The modest, pitched roof dwellings will sit within well-established garden settings and will not
dominate the streetscape due to consistent siting patterns and substantial planting. The rhythm of
dwelling separation will appear regular from the street, even with buildings occasionally built to
one side boundary. The streets will have a spacious and leafy feel, which is complemented by tall
trees in the public and private realm, visible front lawn areas due to the frequent lack of or low
front fencing and grass nature strips.
Garden Suburban 7
The contemporary dwellings will sit within larger lots, comprising spacious, established gardens
containing substantial vegetation and trees. Buildings will be set back from side boundaries
suf昀椀cient to provide vegetation and while occasionally built to one side boundary, appear to have
side setbacks when viewed from the street. The streetscape will retain an informal character due
to nonexistent or low and unobtrusive front fencing and well-landscaped settings.
Buildings close to Dandenong Creek environs will be sited so that the overall visibility of the
development is minimised when viewed from the creek corridor, which will enhance the natural,
bushy settings. Vegetation from private gardens will enhance the existing landscape character of
the creek corridor, incorporating large native / indigenous canopy trees.
Areas within close proximity to trams along Burwood Highway will accommodate more dwellings
with slightly more compact siting than the remaining residential areas, but with space for large
trees and gardens.
Sites fronting the Burwood Highway tram route, or indicated as signi昀椀cant change areas within
current adopted structure plans or urban design frameworks (Substantial Change areas) will undergo
change to accommodate new medium density dwellings with more compact siting, while retaining
space for landscaping including trees.
Page 230 of 1195

Garden Suburban 8
A variety of well articulated dwelling styles will sit within open garden settings incorporating a
mixture of native and exotic vegetation and large trees. The established pattern of front and side
setbacks will be maintained, allowing suf昀椀cient space for planting and growth of new vegetation.
In昀椀ll development will be common, however new buildings and additions will be setback at upper
levels to minimise dominance in the streetscape.
Properties abutting and close to the Koonung Creek, Bushy Creek and Gawler Chain parklands
will contribute to the bushy landscape character of the public realm, incorporating large native /
indigenous canopy trees and native / indigenous vegetation. The openness and informality of the
streetscape will be further enhanced by low open style front fences that allow for views into front
gardens.
Garden Suburban 9
The area will retain its classic garden suburban characteristics of low set, pitched roof dwellings
set in spacious garden settings, with a backdrop of large native and exotic trees. The established
pattern of regular front and side setbacks from both side boundaries will be maintained, allowing
suf昀椀cient space for planting and growth of new vegetation.
In昀椀ll development including unit developments will be common, however new buildings and
additions will be set back at upper levels to minimise dominance in the streetscape. Low or open
style front fences will provide a sense of openness along the streetscape, and allow views into
front gardens and lawn areas.
Buildings close to Koonung Creek and Bushy Creek parklands will be sited so that the overall
visibility of the development is minimised when viewed from these areas, which will enhance
their natural, bushy settings. Vegetation from private gardens will enhance the existing landscape
character of the creek corridor or parklands, incorporating large native / indigenous canopy trees.
Garden Suburban 10
A variety of well articulated dwelling styles will sit within open garden settings incorporating a
mixture of native and exotic vegetation and large trees. In昀椀ll development will be common, however
new buildings and additions will be set back at upper levels to minimise dominance in the
streetscape. The consistent front set backs and spacing between dwellings will be retained, with
buildings set back or appearing to be setback from both side boundaries. Low or open style front
fences will provide a sense of openness along the streetscape, and allow views into front gardens.
The Limited Change areas / sites are subject to additional controls under the Heritage and
Neighbourhood Character Overlays.
Garden Suburban 11
A variety of well articulated dwelling styles will sit within compact garden settings. In昀椀ll
development will be common, however new buildings and additions will be setback at upper levels
to minimise dominance in the streetscape. The consistent front setbacks and spacing between
dwellings will be retained, with buildings setback or appearing to be setback from at least one side
boundary. Low or open style front fences will provide a sense of openness along the streetscape,
and allow views into front gardens.
Garden Suburban 12
pattern of regular front and side set backs from both side boundaries will be maintained, allowing
suf昀椀cient space for planting and growth of new vegetation. Low or open style front fences will
provide a sense of openness along the streetscape, and allow views into front gardens and lawn
areas.
Page 231 of 1195

Garden Suburban 13
pattern of regular front and side setbacks from both side boundaries will be maintained, allowing
suf昀椀cient space for planting and growth of new vegetation.
In昀椀ll development including unit developments will be common, however new buildings and
additions will be set back at upper levels to minimise dominance in the streetscape. Low or open
style front fences will provide a sense of openness along the streetscape, and allow views into
front gardens and lawn areas.
Buildings close to Cootamundra Walk will be sited so that the overall visibility of the development
is minimised when viewed from the open space, which will enhance the natural, bushy settings.
Vegetation from private gardens will enhance the existing landscape character of the corridor,
incorporating large native / indigenous canopy trees.
Areas within the Blackburn / Megamile West Urban Design Framework and nearby (Substantial
Change) will undergo change to accommodate new medium density dwellings with more compact
siting, while retaining space for landscaping including trees.
Areas with good access to the train stations at Laburnum and Blackburn (Substantial Change) will
accommodate more dwellings with slightly more compact siting than the remaining residential
Some of this precinct is contained within the Blackburn Neighbourhood Activity Centre, and the
Nunawading/Megamile Major Activity Centre.
Garden Suburban 14
The area will retain its classic garden suburban characteristics of dwellings in garden settings,
located along tree-lined streets.
As contemporary in昀椀ll development, including medium density and low scale apartments buildings,
becomes more common, new buildings and additions will be set back at upper levels to minimise
dominance in the streetscape and maintain the existing rhythm of front and side setbacks from one
side boundary. They will also allow suf昀椀cient space for the planting and growth of new vegetation,
including trees. Low or open style front fences will contribute to a sense of openness along the
streetscape, allowing for views into private gardens.
Areas in proximity to train stations will accommodate more dwellings with slightly more compact
siting than the remaining residential areas, but with space for large trees and gardens.
This precinct is partly contained within the Nunawading Megamile Major Activity Centre, and
the Mitcham Neighbourhood Activity Centre.
Garden Suburban 15
The dwellings will be set within established, exotic and native garden settings. The continued use
of low open front fencing, will maintain a sense of lightness in the streetscapes.
New buildings and additions will provide innovative or contemporary design responses to the
traditional low scale dwelling forms. Buildings will not dominate the streetscape, with trees and
vegetation that appears to wrap around dwellings creating a green leafy garden setting. The large
street trees will continue to provide an important contribution to the vegetation dominated
streetscapes.
This precinct is within the boundaries of the Mitcham Neighbourhood Activity Centre and the
Nunawading / Megamile Major Activity Centre, and is identi昀椀ed as a Substantial Change area.
Page 232 of 1195

Garden Suburban 16
The combination of heritage, older style dwellings and well designed contemporary buildings set
within gardens will continue to form the key characteristics of this area. New dwellings will be
sited to re昀氀ect the spacious qualities and the dominance of gardens in the streetscape. Dwelling
design will respond to the characteristics of the older dwellings including heavily articulated forms,
1-2 storey scale, pitched roofs and front and side setbacks that allow for planting, without replicating
earlier styles. Low or open style front fences will allow private gardens to contribute to the leafy
This area will undergo further investigation to determine whether additional Neighbourhood
Character or Heritage Overlay controls are warranted.
22.03-6 Nominated large sites

14/10/2014
C160 A number of large sites have also been identi昀椀ed including 1 Lake Road, Blackburn, 131-173
Central Road, Nunawading, 57-67 Central Road, Blackburn and 15 Virgillia Street, Blackburn
North. Other large sites may be identi昀椀ed in the future.
Desired future character

The properties at 1 Lake Road, Blackburn, 131-173 Central Road, Nunawading and 57-67 Central
Road, Blackburn are located within the Blackburn Lake environs. Each site is presently used for
institutional purposes including aged care accommodation and education facilities. While these
uses must be supported for their contribution to the community, these sites also have the possibility
to make a signi昀椀cant contribution to the future residential housing stock.
Each site makes a contribution to the special character of the Blackburn Lake Surrounds because
of its location and landscape qualities. The landscape signi昀椀cance of the Blackburn Lake Surrounds
is attributed to the quality of the environment, which includes vegetation notable for its height,
density, maturity and high proportion of indigenous trees, which it is sought to retain and enhance.
The property at 15 Virgillia Street Blackburn North is a remaining large residential site with
botanical signi昀椀cance and plays an important role in contributing to the biodiversity of the Blackburn
North area.
The preferred future character is to provide for the development of these sites for residential and
institutional purposes through a site layout and built form which is subservient to the landscape
character. In considering any permit application for development, including subdivision,
consideration should be given to the Statement of nature and key elements of the landscape and
the objectives of the Signi昀椀cant Landscape Overlay – Schedule 5 that applies to these sites and
the Statement of Environmental Signi昀椀cance and environmental objectives of the Environmental
Signi昀椀cance Overlay – Schedule 1 for the property at 131-173 Central Road, Nunawading and
Schedule 2 for the property at 15 Virgillia Street Blackburn North.
22.03-7 Residential Corridors

01/03/2024
C220whse Mid-rise buildings that accommodate higher density residential development are promoted in the
substantial change areas along major road corridors depicted in the Housing Framework Plan at
Clause 21.06. Development of these areas should accommodate an increased intensity of
development that is designed to achieve a human scale that does not dominate street frontages and
is massed to provide an acceptable interface to the traditional residential areas outside the corridor.
22.03-8 Subdivision
01/03/2024
C220whse In considering the merits of a subdivision application, the following key principles should also be
also considered:
Buildings should be sited on the lot to protect substantial trees and vegetation to be retained.
Page 233 of 1195

Encourage development, which responds to the preferred neighbourhood character as detailed

in this policy.
Encourage a diversity of lot sizes and types having regard to the subdivision layout of the
neighbourhood.
Ensure that off-street vehicle parking provision and design complies with relevant standards.
Encourage energy ef昀椀cient outcomes within subdivisions.
Ensure that the landscape design and retention of vegetation of a future subdivision achieves
the design objectives and design responses as detailed in this policy.
The need for an Agreement under Section 173 of the Planning and Environment Act 1987
relating to the future development of the land.

01/03/2024
C220whse Applicants for two or more dwellings on a lot or subdivision of a lot must provide a report explaining
how the proposal satis昀椀es Clause 55.02-2 or Clause 56.02-2 including a justi昀椀cation based on the
growth area category within which the site is located.
22.03-10 Policy references

27/03/2024
C230whse Whitehorse Housing Strategy 2014
Whitehorse Neighbourhood Character Study 2014
Whitehorse Neighbourhood Activity Centre Urban Design Guidelines 2014
MAP 1: Neighbourhood Character Precincts
Page 234 of 1195

Page 235 of 1195

22.04 TREE CONSERVATION

14/10/2014
C160 This policy applies to all land.

30/07/2020
C219whse The importance of tree conservation in the City of Whitehorse is set out in the Municipal Strategic
Statement.
Clause 21.05 Environment identi昀椀es trees as being an integral aspect of the neighbourhood character
and landscape of Whitehorse, particularly many of its residential areas.
Clause 21.06 Housing outlines how vegetation has been identi昀椀ed as being the most signi昀椀cant
determinant of neighbourhood character. Trees in particular play a crucial role in this regard.
The retention of existing trees and the provision of suf昀椀cient space for regeneration and replanting
are therefore key strategies to preserve and enhance the amenity of the City.
22.04-2 Objectives
30/07/2020
C219whse To improve the tree canopy cover in residential areas across the municipality.
To protect and strengthen the preferred neighbourhood character of residential areas within the
municipality.
To recognise the positive contribution of tree canopy to development and built form outcomes.
To assist in the management of the City’s tree canopy by ensuring that new development
minimises the loss of signi昀椀cant trees.
To ensure that new development does not detract from the natural environment and ecological
systems.
To identify techniques to assist in the successful co-existence of trees and new buildings or
works.
To promote the regeneration of trees through the provision of adequate open space and
landscaping areas in new development.
22.04-3 Policy
30/07/2020
C219whse It is policy that:
Tree retention
All trees that are sound in health, reasonable in structure, of an appropriate species, and are in
a location that can be reasonably designed around be retained.
All trees that are signi昀椀cant for aesthetic, neighbourhood character, ecological, cultural or
historic reasons, so that they are important beyond the immediate surrounds of the site, be
retained.
Trees that have been identi昀椀ed by Council or a suitably quali昀椀ed arborist as being dangerous,
or identi昀椀ed by Council as an environmental weed, be removed.
All trees that are to be retained on a development site be protected with appropriate measures,
particularly during the construction phase.
Buildings and works near existing trees

Appropriate minimum separation distances between any tree to be retained and proposed
buildings and works be provided and maintained to ensure that an adequate proportion of the
root system is protected from disturbance, and that adequate oxygen and nutrients are available
for the tree to survive in the long term.
Page 236 of 1195

Note: Greater than usual separation distances may be required depending on the size and species of tree, and the
nature and extent of the building or works proposed, and in the areas included in a Signi昀椀cant Landscape
Overlay or Vegetation Protection Overlay due to the importance of retaining trees in this area and the
predominance of very tall, native trees which are more sensitive to disturbance.
Techniques for successful tree retention

Site responsive designs for buildings, hard surfacing and other such works be encouraged to
minimise potential damage to trees and their root systems, particularly where separation distances
are at a minimum and the size and species of a tree requires additional steps to be taken to
ensure its long-term health.
Tree replanting
New upper canopy trees be planted and signi昀椀cant trees that are unable to be retained be replaced
to ensure that the treed canopy of the City is maintained in the long term.
New trees have suf昀椀cient space and separation from buildings and impervious areas to
successfully obtain their optimum height, avoid any damage to property in the future and to
minimise competition from other tree canopies.
The species of new trees be considered, to determine if they are appropriate for the location,
soil type and neighbourhood character.
Juvenile trees be used for replanting, as opposed to advanced species, as they are better able
to adapt to their surroundings and develop a strong, healthy root system.
22.04-4 Performance standards

30/07/2020
C219whse The following performance standards are considered to satisfy the policy objectives and statements
outlined above:
Tree retention
Trees be retained except if:
The tree is in a location which in the opinion of the responsible authority makes it impractical
to be retained.
The structure of the tree is unsound due to any of the following:
– Major limbs either dead or dying.
– Major fungal or insect damage.
– Rot.
– Termite attack.
– Major forks low in the trunk.
– Any other reason to the satisfaction of the responsible authority.
The tree has not been identi昀椀ed as being signi昀椀cant for aesthetic, neighbourhood character,
ecological, cultural or historic reasons.
The species of the tree is unsuitable for the site due to any of the following:
– It is, or will be, too big for the area where it is located.
– It is a species known to drop limbs or block drains.
– It is an environmental weed.
– It is inappropriately located near power lines or other services.
– Any other reason to the satisfaction of the responsible authority.
Page 237 of 1195

Buildings and works near existing trees

For areas not included within the Signi昀椀cant Landscape Overlay - Schedules 1-8 or a Vegetation
Protection Overlay, a minimum separation distance of 3 metres between the tree trunk and any
building or works.
In the areas included in the Signi昀椀cant Landscape Overlay - Schedules 1-8 or a Vegetation
Protection Overlay, a minimum separation distance of 4 metres between the tree trunk and any
building or works.
Note: The separation distances speci昀椀ed above are minimum standards which may need to be increased depending
on the size and species of tree, and the nature and extent of the building or works proposed.
Techniques for successful tree retention

Application of the following techniques as part of a site responsive design, if relevant:
– Sensitive footing systems (pier and beam or waf昀氀e slabs as opposed to the usual strip footings
or slabs).
– If a hard surface needs to be within 3 metres of the tree trunk, a surface which will allow
the penetration of water, such as crushed rock.
– If a driveway needs to be within 3 metres of the tree trunk, a driveway constructed on top
of natural ground level so that no excavation occurs, and the introduction of 昀椀lling is avoided.
– Investigation of the installation of air and drainage vents if a signi昀椀cant proportion of the
tree’s roots may be affected by the introduction of hard surfacing.
– Locating services such as drainage and cabling outside of the tree’s root zone or a minimum
of 3 metres from the tree trunk. If this cannot be achieved, services are to be thrust bored
under the root system.
– Avoidance of stripping topsoil from around the tree as most of a tree’s absorbing roots are
located in this area.
– The erection of tree barriers a minimum of 3 metres from the tree trunk to avoid damage to
the tree and minimise soil compaction and disturbance during construction.
Tree replanting
The site for a new tree should be:
Separated by a minimum distance of 3 metres from a building.
For land not within a bush environment character precinct and included in a Signi昀椀cant
Landscape Overlay, situated in a minimum area of 35 m2 of open ground with a minimum
dimension of 5 metres that is free of buildings and impervious surfaces and of other tree canopies,
to minimise competition and facilitate normal growth.
For land within a bush environment character precinct and included in a Signi昀椀cant Landscape
Overlay, situated in a minimum area of 50 m2 of open ground with a minimum dimension of
5 metres that is free of buildings and impervious surfaces and of other tree canopies, to minimise
competition and facilitate normal growth.
Is not within land encumbered by an easement.
Juvenile trees should be used for replanting.

30/07/2020
C219whse Applicants for all proposals must provide a report from a suitably quali昀椀ed arborist to:
Assess the health of the trees and justify the removal of trees.
Page 238 of 1195

Outline the measures to be taken, particularly during the construction phase, to ensure the
long-term preservation of trees on, or adjoining, the development site.

30/07/2020
C219whse City of Whitehorse- Statements of Tree Signi昀椀cance-2005
City of Whitehorse Streetscape Policy & Strategy, January 2002
KLM City of Whitehorse, Neighbourhood Character Study Review of areas 14 and 16, February
2004
Neighbourhood Character Study, 2014
Signi昀椀cant Tree Study, City of Whitehorse (Tree Dimensions, September 2006)
Walker Estate Special Character Area, Urban Character Area, May 1999
Page 239 of 1195

22.05 NON-RESIDENTIAL USES IN RESIDENTIAL AREAS

17/08/2006
C50(Part 1) This policy applies to all land in a residential zone.

17/08/2006
C50(Part 1) Clause 21.06 Housing recognises that there is a legitimate need for non-residential uses in residential
areas to serve the needs of the local community. These uses however have potential to adversely
impact upon the amenity of residential areas if they are poorly designed or located. It is important
that these non-residential uses provide a net community bene昀椀t and are designed to integrate into
the residential environment with minimal impact on residential amenity. They should be in a highly
accessible location and the traf昀椀c that they generate needs to be compatible with the role and
function of the street and the surrounding area.
22.05-2 Objectives
17/08/2006
C50(Part 1) To make provision for services and facilities demanded by local communities in a way that
does not detract from the amenity of the area.
To avoid the concentration of non-residential uses where it would:
– Have off-site effects which are detrimental to residential amenity.
– Create a defacto commercial area.
– Isolate residential properties between non-residential uses.
To ensure that the design, scale and appearance of non-residential premises re昀氀ects the residential
character and streetscape of the area.
To ensure that the location of the use is appropriate to the role and function of the road network
and that adequate provision is made for onsite car parking.
22.05-3 Policy
17/08/2006
Location
Non-residential uses are encouraged to be in convenient walking distance to shopping centres
or other non-residential land uses or zones.
Non-residential uses are discouraged from locating in residential zones if there are suitable
sites in nearby commercial centres.
Non-residential uses are encouraged on a corner site and abutting a Road Zone Category 1 and
2.
Non-residential uses are encouraged to be in a location where there is a demonstrable need for
the proposed facility or service.
The development of restaurants, hotels, reception rooms and convenience restaurants is
discouraged due to the signi昀椀cant potential for detriment to the amenity of the surrounding
residential area.
Design
Existing residential buildings are encouraged to be retained and converted to suit the use in
preference to a purpose-built premises.
The design, scale and appearance of the non-residential use are encouraged to harmonise with
the housing styles and general character of the area.
Front setbacks are encouraged to be consistent with abutting residences.
Page 240 of 1195

Landscaping
Landscape buffers are encouraged to ensure that the streetscape character and amenity of abutting
residential properties is maintained.
Amenity
Non-residential uses are discouraged if they will cause nuisance to nearby residential properties
by way of noise, traf昀椀c, lighting or loss of security.
Car parking and access

Adequate provision is encouraged for on-site staff and visitor parking.
Parking areas are encouraged to maximise usage and to minimise on-street parking.
Parking is discouraged at the front of the site.
Home occupation
Home of昀椀ces are only encouraged on sites which will minimise impacts on residential areas,
particularly if the use is likely to generate traf昀椀c.
An applicant for a home occupation is encouraged to demonstrate that the level of activity
associated with the home of昀椀ce will not adversely impact on the amenity of the surrounding
area.

17/08/2006
C50(Part 1) In addition, to the zone requirements, the following information should be provided with an
application to the satisfaction of the responsible authority:
A written explanation of why the non-residential use is unable to locate in a nearby commercial
zone or centre.
A written explanation of why there is a demonstrable need for the proposed facility or service
in the area where it will be located.
Page 241 of 1195

22.06 ACTIVITY CENTRES

14/07/2016
C177 This policy applies to all Activity Centres. The structure planning and/or urban design processes
are used to provide more detailed guidance on land use, built form and neighbourhood character
expectations for larger activity centres, and to include stakeholders and the community in the
planning process.

14/07/2016
C177 The metropolitan planning strategy Plan Melbourne places emphasis on the need to support a
network of activity centres. The development of Metropolitan Activity Centres is to be supported
to serve their sub-regional catchment, Activity Centres are to be recognised for their role in
providing services, employment and housing, and Neighbourhood Centres support the concept of
‘20-minute neighbourhoods’ which enable good local access to a range of services and facilities.
Within the City of Whitehorse, Box Hill is nominated as a Metropolitan Activity Centre. Planning
objectives for the Box Hill Metropolitan Activity Centre are addressed through Clause 22.07 of
the Whitehorse Planning Scheme.
Activity Centres in the City of Whitehorse are Forest Hill, Nunawading/MegaMile, Burwood
Heights and Burwood East–Tally Ho. One of the City’s main retail strengths is the Whitehorse
Road MegaMile strip which Council wishes to consolidate through appropriate land use and
development.
There are 60 Neighbourhood Centres within the municipality. These make an important contribution
to local service provision, vibrant local economies and provide opportunities for a greater diversity
of housing choices.
Each of the City’s centres makes a signi昀椀cant contribution to the City’s economy and plays a role
in meeting the needs of the community. Clause 21.07 Economic Development outlines Council’s
aim to assist centres in responding to changing trends and demands, whilst improving their amenity.
It is essential that these centres provide for appropriate community services and facilities consistent
with their role and scale and become a focus for social interaction. It is important to ensure that
any new development assists Council’s aim to improve the amenity and visual appearance of each
centre.
22.06-2 Objectives
16/05/2013
C143 To ensure that land use and development in activity centres reinforce, and are appropriate to,
the role of the centre.
To ensure that each centre responds to the needs of the community.
To ensure that new retail 昀氀oorspace re昀氀ects retail demand and considers the impact on the
retail hierarchy and the planned role and function of other activity centres.
To maintain and enhance the role of activity centres as a community focus.
To improve the appearance and amenity of all activity centres.
22.06-3 Policy
14/07/2016
Whitehorse Road MegaMile shopping strip

Whitehorse Road, generally between Cottage and Surrey Roads Blackburn and Rooks Road
Nunawading, be the primary location in the City for homemaker retailing, supplemented by a
signi昀椀cant motor vehicle retailing sector.
Development be of a high-quality design that enhances the streetscape.
Page 242 of 1195

New use and development should have regard to the vision and principles of the
Structure Plan (this policy statement does not apply after 31 May 2016).
New use and development should have regard to the Megamile (west) and Blackburn Activity
Centres Urban Design Framework, July 2010.
Forest Hill Chase

Forest Hill Chase Shopping Centre continue as an Activity Centre primarily providing
convenience and comparison retail facilities, a cinema complex and entertainment facilities.
Burwood Heights
Burwood Heights includes a large vacant strategic development site. It offers a potential to be
developed into an activity centre as identi昀椀ed in the metropolitan planning strategy. A structure
plan has been prepared to guide future development and improvement of Burwood Heights.
Tally Ho
Tally Ho continues as an activity centre with a focus on creating a high quality built and natural
environment for innovation, knowledge and technology based businesses while broadening its
range of land uses.
Neighbourhood centres
Large neighbourhood centres continue to focus on providing convenience retailing with limited
comparison retailing for the weekly shopping needs of the local community.
Smaller neighbourhood centres continue to focus on providing limited convenience retailing.
The redevelopment and renovation of existing buildings and shop fronts, and other works, be
encouraged to improve the visual amenity and streetscape of these centres and respond to the
character of surrounding areas.
Of昀椀ce and residential uses be encouraged in appropriate centres where the retailing function
is declining.
Adjoining Neighbourhood Centres provide a supporting role to the Whitehorse Road MegaMile
Activity Centre.
New use and development should have regard to the vision and principles of the
Structure Plan April 2008 (this policy reference does not apply after 31 May 2016) and Megamile
(west) and Blackburn Activity Centres Urban Design Framework, July 2010.
Expansion of Activity Centres and Neighbourhood Centres

An Amendment to the Planning Scheme or change to a strategic framework plan approved under
the Planning Scheme to facilitate expansion in shop 昀氀oorspace above 3000m2 leasable 昀氀oor area
in an Activity Centre listed in Plan Melbourne (not a Metropolitan Activity Centre or 2000m2
leasable 昀氀oor area in a Neighbourhood Centre must be accompanied by a Retail Sustainability
Assessment (RSA).
The Retail Sustainability Assessment must be prepared by a suitably quali昀椀ed person and include
the following:
The de昀椀ned Main Trade Area (MTA), from which approximately 80% of anticipated expenditure
will be sourced. This should comprise a Primary Trade Area (PTA) accounting for approximately
60% of expenditure, and a Secondary Trade Area (STA) accounting for approximately 20%
of expenditure.
Calculation of the total retail expenditure pool generated by the catchment and the retained
expenditure that is expected ‘pre’ and ‘post’ development.
Page 243 of 1195

Assessment of whether the volume of retail expenditure that is expected to be retained in the
catchment ‘post’ development is consistent with the centre’s position in the retail hierarchy.
Why the expected retail turnover per m² has been chosen for a proposed retail format and
compare it to State and National benchmarks. Variations in performance between the proposed
retail tenancies and benchmark standards should be explained.
Clear reporting on the market share that is expected for retail 昀氀oorspace across key retail
categories in the Primary and Secondary trade areas including food and ‘non-food’ retail
昀氀oorspace.
Clear indications of where additional trade is expected to be sourced.
Expected trading impacts on existing and proposed centres for each stage of the development.
Calculation of employment impacts and impacts on the unemployment rate in the region based
on the volume of jobs the centre is expected to support.
22.06-4 Decision guidelines

16/05/2013
C143 In assessing an application to amend the Planning Scheme or amend a strategic framework plan
approved under the planning scheme the Responsible Authority will consider:
The extent to which the use and development meets the objectives and requirements of this
policy.
The impact of new retail 昀氀oorspace on the hierarchy and role of activity centres within the City
of Whitehorse, and the 昀椀ndings of the Retail Sustainability Assessment if applicable.

14/07/2016
C177 Prepare Structure Plans for Centres as required.
Prepare Business Plans for Activity Centres.

22/10/2015
C110 Whitehorse Road Economic and Enterprise Development Strategy, 1996
Structure Plan, April 2008 (this policy reference does not apply after 31 May 2016)
Burwood Village Neighbourhood Activity Centre, Looking Towards the Future, May 2008
MegaMile (west) and Blackburn Activity Centres Urban Design Framework, July 2010
City of Whitehorse Retail Strategy Review, October 2010
Neighbourhood Activity Centre Urban Design Guidelines, 2014
Tally Ho Major Activity Centre Urban design Framework, 2007
Page 244 of 1195

22.07 BOX HILL METROPOLITAN ACTIVITY CENTRE

14/07/2016
C177 This policy applies to land in the Box Hill Metropolitan Activity Centre as identi昀椀ed on the attached
Precinct Plans.

14/07/2016
C177 Clause 21.07 Economic Development identi昀椀es the Box Hill Activity Centre as a Metropolitan
Activity Centre in the eastern metropolitan region. The vision for the Centre is that “Box Hill will
be sustainable, safe and accessible to all. It will be a distinctive, vibrant, diverse, inclusive,
participatory, caring and healthy community where you live, work and enjoy – day and night.”
Box Hill provides retail, education, of昀椀ce, civic, medical, community service, entertainment,
dining and recreational opportunities for the regional population, as well as a hub for local
community activities. It is strategically located along the Melbourne to Lilydale and Belgrave rail
line, Whitehorse Road and the 109 tram route, which jointly form the spine of an area of intensive
economic activity that extends through Melbourne’s eastern suburbs. Box Hill has the scope to
accommodate substantial growth, as well as the potential for improved amenity to support this
growth.
To achieve this, eight activity precincts and seven built form precincts have been identi昀椀ed by the
Box Hill Transit City Activity Centre Structure Plan 2007, supported by a public space framework
and an access framework dealing with Box Hill’s public realm. The activity precincts are the Box
Hill Transport and Retail Precinct, Prospect Street Precinct, Civic and Eastern TAFE Precinct,
Hospital and Western TAFE Precinct, Box Hill Gardens Precinct, Southern and Eastern Precinct,
Box Hill Gardens and Kingsley Gardens Precinct, and Residential Precincts. The built form
precincts are the Peripheral Residential Precinct, Low-Rise Higher-density Residential Precincts,
Traditional Town Centre Precinct, Mid-rise Commercial and Mixed Use Precincts, Town Hall
Precinct, Major Development Precinct and Key Open Spaces Precinct. For Box Hill to realise its
true potential, it is important that future land use and development in these precincts are consistent
with these roles. The activity and built form precincts and the public space and access frameworks
are identi昀椀ed on the maps that form part of this policy.
The City of Whitehorse Retail Strategy Review further recognises the role that the Box Hill
Metropolitan Activity Centre has as a location for future retail and commercial development, and
the key role of the centre in providing opportunities for employment growth to bene昀椀t the
municipality.
22.07-2 Objectives
14/07/2016
C177 To ensure that the Box Hill Metropolitan Activity Centre can continue to expand in line with
market demand.
To ensure that future development within the Box Hill Metropolitan Activity Centre seeks to
maximise employment growth for Whitehorse.
To ensure that Box Hill provides accessible, lively and comfortable public spaces that offer
diverse opportunities for recreation and social engagement.
To support walking as the primary means of access in and around Box Hill and encourage most
trips of 1km or less to be taken on foot.
To encourage cycling as a sustainable and healthy means of travel within Box Hill and for trips
of up to 5km between the Activity Centre and surrounding areas.
To encourage signi昀椀cantly increased use of public transport and reduced rates in the use of
private vehicular transport for travel to and from the Box Hill Activity Centre.
To carefully manage vehicular traf昀椀c in Box Hill to support choice of travel mode and create
transit supportive roads (as de昀椀ned by the Box Hill Transit City Activity Centre Structure Plan
2007).
Page 245 of 1195

To ensure that car parking in Box Hill balances access, sustainable transport and land use needs,
consistent with the Box Hill Central Activities Area Car Parking Strategy 2013.
To ensure that Box Hill accommodates a more intensive and diverse range of activities that
increase choices and opportunities, support synergies between different uses, encourage use of
sustainable transport and complement surrounding areas.
To ensure that development and use in the Box Hill Transport and Retail Precinct are appropriate
to its role and function as a regional transport interchange for rail, bus, tram and taxi services.
22.07-3 Policy
14/07/2016
C177 It is policy that use and development of land is consistent with the vision for the centre, and the
activity and built form precincts in the Box Hill Transit City Activity Centre Structure Plan
(2007).
Public Places
The responsible authority will encourage use and development that:
Protects and improves access to existing public open spaces.
Improves the design and management of public places.
Creates new public spaces and facilities.
Develops synergies between public spaces and uses at their edges.
Explores the provision of alternative kinds of spaces (as de昀椀ned by the Box Hill Transit City
Activity Centre Structure Plan 2007).
Encourages private sector provision of recreational facilities.
Pedestrian mobility and bicycle access

Widens footpaths wherever possible.
Improves pedestrian crossings of busy streets.
Improves connectivity of the pedestrian network.
Enhances streets as public spaces.
Supports way-昀椀nding.
Enhances personal and community safety.
Provides secure parking and amenities for cyclists.
Creates a local network of bicycle routes.
Provides information to encourage cycling.
Public Transport
Contributes to improvement of existing public transport infrastructure.
Promotes integration of bus, train, tram and taxi services.
Promotes public transport and reduced use of cars.
Road traffic management

Increases the use of sustainable transport options for travel to and within the Activity Centre.
Page 246 of 1195

Maintains 昀氀exible access for local traf昀椀c to support local uses including freight and services.
Minimises the detrimental impacts of vehicular traf昀椀c on other activities.
Maintains regional traf昀椀c functions of arterial roads such as Whitehorse Road and Station Street
but discourages increased traf昀椀c volumes.
Optimises safety on all roads.
Improves connectivity of streets while deterring through traf昀椀c.
Car parking
Encourages lower parking provision rates in new development.
Supports sharing of parking spaces between multiple users.
Uses local parking spaces to support local uses.
Favours priority use of on-street kerbside parking space.
Provides information to enable ef昀椀cient access to available parking.
Provides car parking in structures under new buildings instead of open air car parking.
Motorcycle parking
Provides on-site motorcycle parking for occupiers and visitors.
Provides an appropriate rate of motorcycle parking spaces to the satisfaction of the responsible
authority.
Land use mix and economic and social activities

Provides for the expansion of the Metropolitan Activity Centre in line with market need.
Seeks to maximise growth in employment for the City of Whitehorse.
Supports the continued development of key activity clusters.
Fills strategic gaps in the local retail offer while being appropriate to a Metropolitan Activity
Centre.
Creates more and diverse opportunities for housing.
Creates opportunities for affordable housing.
Supports social and economic development and lifestyle aspirations.
Encourages complementary mixed uses and links between activities.
Built Form
Creates transitional heights around the core of the Activity Centre to protect amenity in
surrounding residential neighbourhoods.
Protects key open spaces from overshadowing.
Creates street-orientated development.
Provides for improved pedestrian access and circulation.
Integrates new development with heritage buildings.
Facilitates change in nominated areas while protecting areas of stability.
Page 247 of 1195

Designs appropriately for a high density context.

Promotes sustainable building design and construction.
Promotes design excellence.
Encourages development that contributes to Box Hill’s sense of place.
General
New use and development should have regard to the vision and principles of the Box Hill Transit
City Activity Centre Structure Plan 2007 and the Box Hill Transport Interchange Concept
Design March 2002 and the Site Development Framework – 545 Station Street, Box Hill, April
2011.

14/07/2016
C177 Box Hill Transit City Activity Centre Structure Plan, June 2007.
Box Hill Transport Interchange Concept Design, March 2002.
Site Development Framework – 545 Station Street, Box Hill, April 2011.
City of Whitehorse Retail Strategy Review, October 2010.
Box Hill Central Activities Area Car Parking Strategy 2013.
Page 248 of 1195

Box Hill Metropolitan Activity Centre - Activity Precinct Plan
Page 249 of 1195

Box Hill Metropolitan Activity Centre – Built Form Precinct Plan
Page 250 of 1195

Box Hill Metropolitan Activity Centre – Public Space Framework
Page 251 of 1195

Box Hill Metropolitan Activity Centre – Access Framework
Page 252 of 1195

22.08 TALLY HO ACTIVITY CENTRE

22/10/2015
C110 This policy applies to land in the Tally Ho Activity Centre as identi昀椀ed on the attached plan at the
end of this clause.

22/10/2015
C110 Clause 21.07 Economic Development identi昀椀es the Tally Ho Activity Centre as an important
Activity Centre. The vision for the Centre is to maintain and enhance its primary role as a key
eastern suburbs of昀椀ce and technology hub, while broadening its mix of uses to better meet the
needs of the local resident and worker community. It has good transport linkages and provides a
large-scale of昀椀ce environment with high quality built form set in extensive landscaped gardens.
There is great opportunity to support and complement the of昀椀ce precincts with growth in
neighbourhood convenience retail, housing, hospitality and associated infrastructure. To achieve
this, the Tally Ho Major Activity Centre Urban Design Framework 2007 identi昀椀es:
Where of昀椀ce 昀氀oor areas can be increased.
Where at-grade car parking can be rationalised.
Where residential development may occur.
Where a new retail centre can be developed.
That sustainable transport must also be encouraged.
For Tally Ho to remain competitive and serve its local community, it is important that future land
use and development follow the strategies in the Urban Design Framework.
22.08-2 Objectives
23/07/2009
C102 To encourage economic development based on new generation commerce and knowledge.
To facilitate growth and development to meet current and future needs whilst maintaining
amenity and liveability.
To increase the mix of uses in existing and new developments.
To create a sustainable urban environment.
To discourage use of private motor vehicles by improving the extent and quality of bicycle and
pedestrian networks and enhancing public transport infrastructure.
To reduce at-grade car parking.
To ensure community facilities can meet the current and future needs of the local population.
To enhance the quality and extent of landscaping.
22.08-3 Policy
22/10/2015
C110 It is policy to:
Economic sustainability
Develop a greater mix of complementary uses of high need, notably retail, business services,
short term accommodation and high quality conferencing facilities.
Facilitate improvements to the capacity and 昀氀exibility of building stock.
Develop a greater range of residential opportunities.
Prioritise affordable housing, aged-care housing, specialist housing, serviced apartments and
hotel facilities.
Page 253 of 1195

Built form and density

Facilitate higher density mixed-use outcomes on key sites.
Achieve additional built form capacity in conjunction with development of high quality
streetscapes, landscapes and amenity.
Achieve building heights generally consistent with the Tally Ho Activity Cetre Urban Design
and Landscape Guidelines 2013.
Support retailing uses, especially at ground level.
Provide for land uses offering passive surveillance.
Amenity and environment

Expand and upgrade the open space network with generous space provided for canopy trees
and retarding areas.
Consolidate buildings and encourage multi level development to avoid loss of valued parkland.
Provide attractive, safe and direct pedestrian and cycling links between key precincts, key
public transport nodes and parkland.
Incorporate benchmark best practice sustainability principles in new development.
Provide expansive and high quality landscaping with low water demand planting.
Provide adequate landscape or vegetation buffers between residential and non-residential areas.
Transport and car parking

Improve the quality and extent of public transport facilities.
Rationalise at-grade parking facilities.
Develop commercial, multi-level parking facilities at key sites.
General
Require new use and development to have regard to the vision and principles of the Tally Ho
Major Activity Centre Urban Design Framework 2007.

22/10/2015
C110 Tally Ho Major Activity Centre Urban Design Framework 2007.
Page 254 of 1195

Tally Ho Activity Centre Precinct Plan
Page 255 of 1195

22.09 BLACKBURN AND MEGAMILE (WEST) ACTIVITY CENTRES

14/07/2016
C177 This policy applies to the Blackburn Neighbourhood Centre and the western portion of the MegaMile
Activity Centre as identi昀椀ed on the attached map (Map 3).

14/07/2016
C177 The State Planning Policy Framework via Clause 11 Settlement encourages a concentration of
major retail, residential, commercial, administrative, entertainment and cultural developments into
highly accessible activity centres.
Council’s commitment to balanced growth is demonstrated in a number of local policies. Clause
21.06 Housing seeks an appropriate and sustainable distribution of housing within the municipality,
promoting a range of housing types and directing higher density housing to speci昀椀c areas and in
a form consistent with the character of neighbourhoods. Clause 21.07 Economic Development
outlines Council’s aims for a thriving and sustainable local economy, natural environment and
quality of life for existing and future residents, as well as enabling appropriate growth within the
municipality. Clause 21.07 Economic Development reinforces Council’s desire to ensure that there
is a range of opportunities for various types of of昀椀ce development in the municipality to meet
market demand. Clause 22.06 Activity Centres reinforces the role that each of Whitehorse’s activity
centres plays in contributing to the City’s economy and meeting the needs of the community.
The Blackburn Neighbourhood Centre (NC), in close proximity to the MegaMile Activity Centre
(AC) and the Belgrave/Lilydale train line, has been identi昀椀ed as an appropriate location for
residential and commercial development. This growth is directed to the northern part of the activity
centre in order to preserve the village feel of areas to the south. Development within the Blackburn
NC is expected to be compatible with the role of a neighbourhood activity centre, and re昀氀ect the
scale, character and environmental values of the local community.
The Nunawading MegaMile AC has been identi昀椀ed as one of Whitehorse’s main retail strengths
and Council wishes to consolidate its role through appropriate land use and development.
The MegaMile (west) and Blackburn Activity Centres Urban Design Framework, adopted by
Council in July 2010, outlines the visions for the two activity centres. In summary, the MegaMile
(west) AC will strengthen its regional role as a bulky goods retailing destination with consolidation
of bulky goods retailing along Whitehorse Road, linking with MegaMile (east) through its consistent
streetscape and design themes. The MegaMile (west) AC will accommodate a broader range of
uses including commercial activities and a consolidated residential area along the north side of
Whitehorse Road in Blackburn.
The Blackburn NC will strengthen its role as an urban village focused around the Blackburn
Railway Station and Blackburn Station Shopping Centre, with its strong sense of place and identity
as a local shopping village and community meeting place. A suitable mix of retail, of昀椀ce, community
and higher density residential uses will add to its vibrancy and activity, as will improved connections
between the north and south sides of the railway line and surrounding areas.
Council is committed to providing a high quality transport network for the bene昀椀t of all users.
Part of this commitment is the need to recognise the special parking needs of the various
retail/commercial areas and preparing Parking Precinct Plans for them. Provision of adequate
parking, in a manner that does not detract from the pedestrian nature of some areas is also important
in adding to the viability of the Blackburn Station Shopping Centre. A parking strategy and
management plan has been prepared for the Blackburn Station Shopping Centre to ensure a
consistent approach to the special parking needs of the centre while also protecting the amenity
of the abutting residential areas. This policy, as it relates to the Blackburn Station Shopping Centre
area, seeks to ensure that planning decisions are consistent with the aims of the parking strategy
and management plan.
The Queen and Albert Street Area has been identi昀椀ed as an appropriate location for of昀椀ce
development as it is part of an existing neighbourhood activity centre, is surrounded by commercial
uses and is located on a train line. It is important that this area continues to be a focus for
Page 256 of 1195

high-quality, medium-scale of昀椀ce development that integrates this precinct with the shopping
centre to the south, while at the same time ensuring that the scale of development is compatible
with the role of the activity centre.
22.09-2 Objectives
14/07/2016
C177 To consolidate and strengthen the role of the MegaMile as a key bulky goods retail destination
serving a regional catchment.
To strengthen the local neighbourhood role and continue to support a mix of activities within
the Blackburn Neighbourhood Centre as an urban village.
To ensure that built form is compatible with the function, scale, environmental values and
character of the respective centres and that it does not detract from the amenity of nearby
residential areas.
To provide for more housing choice and diversity within the MegaMile and Blackburn Activity
Centres.
To achieve a high-quality landscape design.
To ensure that future development improves the appearance of the centres, to make them more
attractive, inviting and safe, with easy access and circulation throughout.
To encourage integration of the north and south parts of Blackburn Neighbourhood Centre
through compatible design and scale with the existing Blackburn Station Village and improved
linkages between the two halves.
To most ef昀椀ciently use the limited retail space within the Blackburn Neighbourhood Centre,
encouraging the clustering of retail and community services at ground 昀氀oor on the south side
of the railway line, and encouraging of昀椀ce and supporting businesses on the north side of the
railway line.
To facilitate the redevelopment of the Queen and Albert Street Area, as de昀椀ned in this policy,
for medium-sized of昀椀ces of a high-quality design and 昀椀nish that achieves a reasonable level
of consistency in the scale, design and landscape treatments between individual developments.
To ensure that inadequately sized lots or residential lots are not isolated between of昀椀ce
developments in the Queen and Albert Street Area.
To encourage integration of the Queen and Albert Street Area of昀椀ce precinct with the other
functions of the Blackburn Neighbourhood Centre.
To allow residential uses on upper levels of commercial developments in the Queen and Albert
Street Area. .
To minimise parking and traf昀椀c dif昀椀culties in the Blackburn Station Shopping Centre and
surrounds, while encouraging appropriate development and redevelopment within the Centre,
by ensuring that each change of use or new development provides suf昀椀cient parking to meet
its own demands in appropriate locations.
To maximise the supply and usage of parking, by time of day, for customers and employees
of the Blackburn Station Shopping Centre.
To capitalise on shared parking opportunities in Blackburn Station Shopping Centre.
22.09-3 Policy
16/05/2013
C143 It is policy that use and development of land is consistent with the vision for the centres, the
objectives outlined in this policy, and provisions set out in Design and Development Overlay
Schedule 8.
Page 257 of 1195

22.09-4 Policy – Blackburn Station Shopping Centre

16/05/2013
C143 In addition to the provisions of Clause 22.09-3, within the Blackburn Station Shopping Centre as
de昀椀ned in this Clause (Map 1), it is policy that:
Use
It is policy to ensure that new uses or extensions to existing uses within the Centre achieve the
following objectives:
The south side of the railway is to comprise the clustering of retailing, personal services and
community services at ground 昀氀oor.
Other uses on the southern side of the railway line that could undermine its local retail focus
are discouraged.
The north side of the railway line is to comprise commercial of昀椀ce and supporting businesses
(business services, cafés, etc) services.
Other uses on the north side of the railway line that could undermine its focus as an of昀椀ce area,
with supporting businesses, are discouraged.
Residential activity on upper 昀氀oors of the premises throughout the Centre is encouraged.
Development
It is policy to ensure that development in the Centre achieves the following objectives:
Ensure that the scale of new development on the south side of the Railway does not overwhelm
the existing buildings, and any development on the boundaries of the precinct is a similar scale
to the residential properties it abuts.
Enable safe and secure pedestrian access throughout the centre day and night.
Encourage the maintenance and improvements of building façades throughout the centre.
Encourage the provision of weather protection and open glazed shop fronts along the major
pedestrian routes in the centre.
Address the interface with adjoining residential areas by:
– minimising noise and emissions near residential boundaries.
– minimising use of residential streets for car parking associated with the Centre.
– establishing and maintaining clear boundaries between the Centre and adjacent residential
areas.
– referring to the standards of Clause 55.04 as appropriate when considering development at
the interface between the Centre and residential areas to protect the amenity of adjoining
residential properties.
Encourage the use of native planting as part of any landscaping requirement.

Ensure that any approvals for development within the public realm re昀氀ect a uni昀椀ed image to
enhance the centre’s image.
Make maximum use of ground 昀氀oor space for retail activities and personal services.
Encourage appropriate retail premises to provide “frontages” onto car park areas as well as
street frontages.
The following performance standards are considered to satisfy the policy objectives and statements
outlined above:
All new development is required to blend architecturally with existing structures and be of a
high quality design.
Page 258 of 1195

The development should be designed to maintain and promote the prevailing human scale of
the Centre.
No front setbacks and include active frontages and weather protection where possible for
non-residential buildings.
Car parking
It is policy to ensure that dispensation from car parking provision within the Centre achieves
the following objectives:
– Car parking provision on site is appropriate to the demand generated by the use or
development. The rates of car parking generally required to satisfy this demand are set out
in the attached Table 1, with generated rates having been rounded to the nearest whole
number.
– Requests for a lower rate of car parking than identi昀椀ed in Table 1 require evidence that
additional car parking is not required and traf昀椀c dif昀椀culties in the Centre and surrounds will
not be created.
– In calculating the required amount of car parking required, parking ‘credits’ are allowed
against existing 昀氀oor areas based on use.
– Where there is an opportunity under a redevelopment proposal to reduce an existing de昀椀cit,
this will be required.
Requests for car parking dispensation to rates lower than in Table 1 will be tested against the
following requirements, as applicable:
The new use will not generate additional parking demand when compared with the parking
demand generated by the current/former use.
There is a reduction in car parking demand due to ef昀椀ciencies gained from mixed use
development.
Suf昀椀cient evidence is shown regarding available and accessible car parking within the Centre
to determine that there is adequate parking for the proposed use and development, without
increasing impact to the surrounding residential properties.
Provision of off-site parking is deemed satisfactory, subject to the following conditions:
The size or shape of the subject area is not suitable to provide parking on the land.
The off-site parking area is within a 100 metre walk of the subject site.
Convenient and safe pedestrian access exists between the subject site and the off-site parking
area.
Signs are located on the off-site parking area that clearly identi昀椀es it as being associated with
the use and managed so as to be continuously and freely available for the use.
The owner/s of the subject site, the owner/s of the site to be used for off-site parking and the
responsible authority enter into an agreement under Section 173 of the Planning and Environment
Act, or similar, to ensure the off-site car park will be freely available, directly linked to and
extends for the life of the use at the subject site.
Page 259 of 1195

Map 1 Blackburn Station Shopping Centre
Table 1 Parking provision rates
Land Use Parking Generation Rate*
Office (excluding medical 3.5 car spaces to each 100 sq m of net floor area for new office or increase
centre) in floor area of at least 20 percent of the original floor area
1.5 car spaces to each 100 sq m of net floor area of additional office area,
up to an increase in floor area of no more than 20 percent of the original
floor area
Café or Restaurant 0.45 car spaces to each seat made available to the public, if open after 5pm
0.25 car spaces to each seat made available to the public, if closed by 5pm
Hotel or tavern 20 car spaces to each 100 sq m of bar floor area and lounge floor area
available to the public
Dwelling 1.0 occupant car space + 0.2 visitor spaces (1 or 2 bedroom unit)
2.0 occupant car spaces + 0.2 visitor spaces (3+ bedroom unit)
Shop (excluding convenience 4.5 car spaces to each 100 sq m of leasable floor area
shop)
2.5 car spaces to each 100 sq m of additional leasable floor area up to an
increase in floor area of no more than 20 percent of the original floor area
Page 260 of 1195

Land Use Parking Generation Rate*
Restricted retail premises 2.5 car spaces to each 100 sq m of leasable floor area
* All parking generation rates are to be rounded to the nearest whole number.
22.09-5 Policy – Queen and Albert Street Area

16/05/2013
C143 In addition to the provisions of Clause 22.09-3, within the Queen and Albert Street Area as de昀椀ned
in this Clause (Map 2), it is policy that:
Layout and lot size

Each lot be of an adequate size to facilitate the desired scale of of昀椀ce development and to ensure
that residential properties are not isolated between non-residential developments.
Subdivision and consolidation of lots be encouraged where this will ensure that remnant
residential sites are not isolated by non-residential uses.
The pattern of consolidation be such that all remaining undeveloped sites can support
development in accordance with this policy.
Sites abutting the north/south right-of-way between Chapel and Albert Streets be encouraged
to incorporate this right-of-way into new development to provide a landscape buffer.
Scale of development
Larger-scale commercial development be located on sites fronting Whitehorse Road with the
remainder of the area accommodating smaller-scale commercial development.
Urban design
This precinct provides for high-quality development of a consistent scale and based on clear
design principles.
Building design avoid box-like structures through the provision of articulation, the use of
glazing, variation in colours/textures/materials and the use of architectural features to ensure
that the streetscape is not dominated by the built form.
Building facades be stepped, offset and staggered to break up long continuous alignments.
Adequate setback areas be provided and the inclusion of courtyard spaces be encouraged to
allow for the planting of upper-canopy trees to complement the treed character of Blackburn.
If positioned on a sloping site, the built form be stepped down to follow the natural fall of the
land.
New development be of a consistent scale that achieves a continuity in design and complements
existing development.
For those sites with a residential abuttal, particular attention be paid to ensuring that building
design and scale relate to that of the abutting residential buildings.
Buildings fronting Whitehorse Road be designed to ful昀椀l a ‘landmark’ role with building entry
points that provide a strong sense of address and provide active frontages with all-weather
protection where possible.
Buildings should utilise sustainable technologies and designs to minimise energy consumption.
Preferred land use

The primary land use of the area is for of昀椀ce and commercial development.
Residential uses can be considered at upper levels of commercial development.
Core retail uses and bulky goods are strongly discouraged.
Page 261 of 1195

Traffic circulation and parking

Primary access be from Whitehorse Road and the impacts of traf昀椀c and parking on abutting
residential streets be minimised.
Access to of昀椀ce sites from the east/west rights-of-way be encouraged where road safety and
ef昀椀ciency improvements are achieved and the amenity of residential areas is preserved.
Use of the north/south right-of-way between Queen and Albert Streets for access be discouraged
due to the potential impacts on the amenity of neighbouring residential properties.
Car parking areas be designed and landscaped to minimise their visual impact.
Interface with abutting residential areas

New commercial development be carefully planned to ensure that there is minimal impact from
noise, visual intrusion, overshadowing and overlooking on residential properties.
The height and building bulk of of昀椀ces be minimised where there is an interface with residential
properties.
Appropriate landscaping and screening treatments be provided where there is a direct residential
abuttal.
Advertising signs be discouraged if they would be visually prominent from residential areas.
Air conditioning and other similar machinery be designed and located to minimise noise and
visual impacts on residential areas.
Landscaping
Landscaping provide a variety of upper-canopy trees that complement the landscaping theme
of the Blackburn area.
The use of indigenous trees and shrubs be strongly encouraged to complement the predominance
of indigenous vegetation in the area.
The landscaping theme between developments be complementary to ensure that the presentation
to the streetscape is consistent throughout the of昀椀ce precinct.
Landscaping of front setbacks incorporating environmentally sustainable development principles,
including water sensitive urban design (WSUD).
Performance standards
The following performance standards are considered to satisfy the policy objectives and statements
outlined above:
Layout and lot size

Lots a minimum size of:
– 1,600 m2 for sites fronting Whitehorse Road.
– 1,000 m2 for sites fronting Chapel and Albert Streets.
The north/south right-of-way between Chapel and Albert Streets incorporated into developments
which abut this right-of-way and used to provide a landscape buffer between developments.
Scale of development
Of昀椀ces on sites fronting Whitehorse Road with a leasable 昀氀oor area of between 3,000 and
4,000 m2.
Of昀椀ces on sites fronting other streets with a leasable 昀氀oor area of between 1,500 and 3,000 m2.
Page 262 of 1195

Urban design
Minimum setbacks provided as follows:
– Frontage - 3 metres.
– Side streets - an average of 4 metres with a minimum of 3 metres.
– Side and rear boundaries - 3 metres.
– No front setbacks for development on Whitehorse and Railway Roads where appropriate.
Traffic circulation and parking

Primary access from Whitehorse Road if possible.
Car parking located underground or, if this is not achievable, then parking provided to the rear
and not in the front setback and visually screened from the street.
Landscaping
A variety of upper-canopy trees that will grow to a height of 7 to 12 metres, mixed with low
shrubs and ground covers.
Landscaping using predominantly indigenous species.
A minimum of two thirds of the front setback set aside for landscaping.
Linkages provided with courtyards and open spaces of abutting development.
Landscaping using similar species to adjoining sites.
Page 263 of 1195

Map 2 Queen and Albert Street Area

21/05/2015
C159 MegaMile [west] & Blackburn Activity Centres Urban Design Framework, July 2010
Blackburn Station Shopping Centre Parking Strategy and Management Plan, March 2001
Queen and Albert Street Of昀椀ce Policy, March 1994
Urban Design Strategy – Queen and Albert Street Area.
Page 264 of 1195

Map 3 Blackburn Neighbourhood Centre and MegaMile (west) Activity Centre
Page 265 of 1195

22.10 ENVIRONMENTALLY SUSTAINABLE DEVELOPMENT

31/08/2017
GC72 This policy applies throughout the City of Whitehorse to residential and non-residential development
that requires a planning permit in accordance with the thresholds in Table 1 of this Policy.
22.10-1 Policy Basis

19/11/2015
C130 Whitehorse City Council is committed to creating an environmentally sustainable city. Critical to
achieving this commitment is for development to meet appropriate environmental design standards.
This policy aims to integrate environmental sustainability principles into land-use planning, new
developments and redevelopment of existing infrastructure.
This policy provides a framework for early consideration of environmental sustainability at the
building design stage in order to achieve the following ef昀椀ciencies and bene昀椀ts:
Easier compliance with building requirements through passive design;
Reduction of costs over the life of the building;
Improved affordability over the longer term through reduced running costs;
Improved amenity and liveability;
More environmentally sustainable urban form; and
Integrated water management.
If environmentally sustainable design is not considered at the time of planning approval, the ability
to achieve environmentally sustainable development may be compromised by the time these matters
are considered as part of a building approval. In addition, there may be dif昀椀culties or extra costs
associated with retro-昀椀tting the development to implement environmentally sustainable design
principles.
This policy does not prescribe performance outcomes. The policy enables the provision of
information and provides decision guidelines which will assist in the assessment of whether
development meets environmentally sustainable development objectives.
This policy complements a range of non-statutory measures aimed at encouraging environmentally
sustainable development. These measures include educating residents and applicants, assisting
applicants to use Environmentally Sustainable Development (ESD) tools, leading by example with
Council projects, promotion of exemplary private projects and promotion of use of materials with
favourable life cycle impacts.
22.10-2 Objectives
19/11/2015
C130 The overarching objective is that development should achieve best practice in environmentally
sustainable development from the design stage through to construction and operation.
In the context of this policy best practice is de昀椀ned as a combination of commercially proven
techniques, methodologies and systems, appropriate to the scale of development and site speci昀椀c
opportunities and constraints, which are demonstrated and locally available and have already led
to optimum ESD outcomes. Best practice in the built environment encompasses the full life of the
build.
It is a policy to encourage innovative technology, design and processes in all development, which
positively in昀氀uence the sustainability of buildings.
The following objectives should be satis昀椀ed where applicable:
Energy performance
To improve the ef昀椀cient use of energy, by ensuring development demonstrates design potential
for ESD iniatives at the planning stage.
To reduce total operating greenhouse gas emissions.
Page 266 of 1195

To reduce energy peak demand through particular design measures (eg. appropriate building
orientation, shading to glazed surfaces, optimise glazing to exposed surfaces, space allocation
for solar panels and external heating and cooling systems).
Water resources
To improve water ef昀椀ciency.
To reduce total operating potable water use.
To encourage the collection and reuse of stormwater.
To encourage the appropriate use of alternative water sources (eg. greywater).
Indoor Environment Quality

To achieve a healthy indoor environment quality for the wellbeing of building occupants,
including the provision of fresh air intake, cross ventilation, and natural daylight.
To achieve thermal comfort levels with minimised need for mechanical heating, ventilation
and cooling.
To reduce indoor air pollutants by encouraging use of materials with low toxic chemicals.
To reduce reliance on mechanical heating, ventilation, cooling and lighting systems.
To minimise noise levels and noise transfer within and between buildings and associated external
areas.
Stormwater Management
To reduce the impact of stormwater run-off.
To improve the water quality of stormwater run-off.
To achieve best practice stormwater quality outcomes.
To incorporate the use of water sensitive urban design, including stormwater re-use.
Transport
To ensure that the built environment is designed to promote the use of walking, cycling and
public transport, in that order.
To minimise car dependency.
To promote the use of low emissions vehicle technologies and supporting infrastructure.
Waste management
To promote waste avoidance, reuse and recycling during the design, construction and operation
stages of development.
To ensure durability and long term reusability of building materials.
To ensure suf昀椀cient space is allocated for future change in waste managenement needs, including
(where possible) composting and green waste facilities.
Urban Ecology
To protect and enhance biodiversity within the municipality.
To provide environmentally sustainable landscapes and natural habitats, and minimise the urban
heat island effect.
To encourage the retention of signi昀椀cant trees.
To encourage the planting of indigenous vegetation.
Page 267 of 1195

To encourage the provision of space for productive gardens, particularly in larger residential
developments.
22.10-3 Policy
19/11/2015
C130 It is policy that applications for the types of development listed in Table 1 be accompanied by
information which demonstrates how relevant policy objectives will be acheived.
It is policy that applications for larger non-residential developments (as speci昀椀ed in Table 1) be
accompanied by a Green Travel Plan.
22.10-4 Application Requirements

19/11/2015
C130 An application must be accompanied by either a Sustainable Design Assessment or a Sustainability
Management Plan as speci昀椀ed in Table 1, as appropriate.
A Sustainable Design Assessment will usually not need to be prepared by a suitably quali昀椀ed
professional. It should:
provide a simple assessment of the development. It may use relevant tools from the examples
listed in the table or an alternative assessment approach to the satisfaction of the responsible
authority; and
identify environmentally sustainable development measures proposed in response to policy
objectives, having regard to the site’s opportunities and constraints.
A Sustainability Management Plan should:
provide a detailed assessment of the development. It may use relevant tools from the examples
listed in the table or an alternative assessment approach to the satisfaction of the responsible
authority; and
identify achievable environmental performance outcomes having regard to the objectives of
this policy (as appropriate); and
demonstrate that the building has the design potential to achieve the relevant environmental
performance outcomes, having regard to the site’s opportunities and constraints; and
document the means by which the performance outcomes can be achieved.
Various assessment tools have been listed in Table 1 which may be used to assess how the proposed
development addresses the objectives of this policy, as appropriate.
Table 1 – ESD Application Requirements
Type of Development Application requirements Example tools
Accommodation/Mixed Use with residential

component of:
3-9 dwellings; or Sustainable Design BESS

Assessment (SDA)
Development of a building for accommodation STORM
other than dwellings with a gross floor area
between 500m2 and 1000m2.
Development of 10 or more dwellings. Sustainability Management BESS

Plan (SMP)
Development of a building for accommodation Green Star
other than dwellings with a gross floor area of
MUSIC
more than 1000m2.
STORM
Non-residential
Development of a non-residential building with Sustainable Design BESS

a gross floor area between 500m2 and 1000m2. Assessment (SDA)
Page 268 of 1195

Type of Development Application requirements Example tools
MUSIC
STORM
Development of a non-residential building with Sustainability Management Green Star

a gross floor area of more than 1000m2. Plan (SMP)
BESS
Green Travel Plan (GTP)
MUSIC
STORM
Note 1: Development (in Table 1) has the same meaning as in Section 3 of the Planning and Environment Act
1987, but does not include subdivision. To remove any doubt, development also includes alterations and
additions. In the case of alterations and additions, the requirements of the Policy apply only to the
alterations and additions.
Note 2: Mixed Use developments are required to provide the information applicable to each use component of
the development.

19/11/2015
C130 In determining an application, the responsible authority will consider as appropriate:
The extent to which the development meets the objectives and requirements of this policy from
the design stage through to construction and operation.
Whether the proposed environmentally sustainable development performance standards are
functional and effective to minimise environmental impact.
Whether the proposed environmentally sustainable development initiatives are reasonable
having regard to the type and scale of the development and any site constraints.
Whether an appropriate assessment method has been used.
Whether an ESD plan or framework has previously been approved by the responsible authority
(whether under a planning control or otherwise).
22.10-6 Reference Documents

19/11/2015
C130 BESS (Built Environment Sustainability Scorecard) bess.net.au, Council Alliance for a Sustainable
Built Environment (CASBE), 2015
Green Star, Green Building Council of Australia www.gbca.com.au
Guide for Best Practise for Waste Management in Multi-Unit Developments, Sustainability Victoria,
2010
Nationwide House Energy Rating Scheme (NatHERS), Department of Climate Change and Energy
Ef昀椀ciency, www.nathers.gov.au
STORM, Melbourne Water, www.storm.melbournewater.com.au
Urban Stormwater Best Practice Guidelines, CSIRO, 2006.
Note: The above reference documents and websites may be amended from time to time. It is intended that these
documents and websites (or amended versions) are relevant reference documents to this policy.
22.10-7 Commencement
19/11/2015
C130 The ESD Application Requirements in Table 1 do not apply to applications received by the
responsible authority before the gazette date of this clause.
Page 269 of 1195

22.10-8 Expiry
27/06/2019
GC132 This policy will expire if it is superseded by a comparable provision in the Victoria Planning
Provisions.
Page 270 of 1195

22.11 BURWOOD HEIGHTS ACTIVITY CENTRE

10/09/2015
C170 This policy applies to all land generally around the Burwood Highway and Middleborough Road
intersection as shown on the map forming part of this policy: “Burwood Heights Activity Centre”
(the Activity Centre).

10/09/2015
C170 The Municipal Strategic Statement (MSS) acknowledges the Activity Centre status of Burwood
Heights at Clause 21.01 and highlights its potential to be a signi昀椀cant mixed-use activity centre.
Clause 21.07 recognises the vital role of structure plans in identifying the potential of individual
activity centres and Clause 21.06 seeks to ensure that higher density housing is directed to speci昀椀c
areas, including activity centres.
The City of Whitehorse has completed a Structure Plan for the Burwood Heights Activity Centre.
The Structure Plan guides future use and development of the Activity Centre, consistent with its
designation as an Activity Centre in the Plan Melbourne– Metropolitan Planning Strategy (Plan
Melbourne). The Activity Centre includes a 20.5 hectare former brickworks site, the RSPCA, the
Burwood Heights Shopping Centre, other commercial uses, the Melbourne Water retarding basin
and residential areas.
This policy has been prepared to give a policy context for the Activity Centre and is based on the
vision and principles that have been established through the structure planning process. This policy
should be read in conjunction with the Former Brickworks Site policy at Clause 22.12.
22.11-2 Objectives
10/09/2015
C170 To provide for future growth and development in the Activity Centre that:
Promotes an inclusive and vibrant area.
Reinforces the existing sense of community and neighbourhood spirit.
Contributes to a wide mix of uses.
Complements the role and function of other activity centres in the region and the range of
services currently available in the Activity Centre.
Is easy to get to by public transport and is easy and comfortable to move through.
Is served by well de昀椀ned, designed and active walking and cycling networks.
Integrates with and respects the character and amenity of its surrounds.
Embraces the topographical, physical and environmental features of the locality.
Contributes to the Activity Centre as an attractive and memorable place that integrates strong
built form and landscape elements.
22.11-3 Policy
10/09/2015
C170 It is policy that use and development of land in the Activity Centre is consistent with the vision
and principles developed for the Burwood Heights Activity Centre Structure Plan.
Role and Function

Contributes to Burwood Heights as an example of a cohesive and integrated activity centre,
that incorporates a mix of uses, a greater density of activities and transport options as envisaged
by Plan Melbourne.
Capitalises on the unique redevelopment opportunities presented in the Activity Centre and to
evolve these in a cohesive manner over time.
Page 271 of 1195

Accommodates a mix of uses including retail, commercial, community, entertainment, health,

leisure, residential and other associated uses that respond to the needs of the local and regional
population now and into the future.
Recognises the existing role of the Burwood Heights Shopping Centre within the wider Activity
Centre and the opportunities for the evolution of its elements, and their ongoing viability, as
the Activity Centre develops.
Complements the existing pattern of activity centres in the region.
Recognises the role of the Activity Centre as a driver of economic growth and local employment
in the future.
Contributes to the evolution of the Activity Centre as a strong community focal point that
provides a range of community uses and recreation / leisure opportunities that support all
segments of the community.
Movement
Provides easy access by non car-based transport.
Provides for appropriate management of traf昀椀c, vehicle access and movement within the Activity
Centre and from key land uses at main road frontages.
Supports the establishment of easily accessible and well connected uses within the Activity
Centre.
Supports the improvement of public transport connections between Burwood Heights and the
network of other activity centres and key destinations in the region.
Form
Marks the Activity Centre with attractive and distinctive urban form and design feature elements
that distinguish it from its surrounds in a sensitive manner.
Identi昀椀es the Activity Centre as a major concentration of activity and as a community focal
point.
Encourages building forms and streetscape treatments along Burwood Highway Middleborough
Road and along existing and new roads within the Activity Centre that address the street in a
positive way providing attractive, active and interesting places for pedestrians and passing
traf昀椀c.
Promotes higher intensity of built form and activity that is appropriate for an activity centre in
a suburban context, but which responds to its lower density surrounds in a sensitive manner.
Utilises existing environmental and physical features of the Activity Centre as the basis for a
network of open spaces and open space links.
Contributes to the provision of an open and permeable network of streets, pedestrian routes,
cycle routes and open space corridors throughout the Activity Centre, and between the Activity
Centre and its surrounds, whilst managing through traf昀椀c to create a safe and attractive
environment.
Open Space and Environment

Protects existing environmental and physical features that may be used to establish areas of
open space through the Activity Centre which are visible to the public, which provide the
opportunity for landscaping and for the greening of the Activity Centre, and which contribute
to the overall appearance and amenity of the Activity Centre.
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Supports the establishment of logical, convenient and high amenity open space and pedestrian
/ cycling links between areas of open space and major activity nodes established within the
Activity Centre, and to the regional open space network in which the Activity Centre is located.
Supports improvement in the quality and distribution of local open space and ensures long-term
protection of public open space.
Contributes to the establishment of a landscape theme for the Activity Centre that balances the
evolution of Burwood Heights as an activity centre with a strong built form, and recognises
and incorporates elements of the garden suburban character of the area in this location.
Ecologically Sustainable Development (ESD)

Incorporates ESD principles in the future planning and development of the Activity Centre
including: minimising energy use through ef昀椀ciently designed places and spaces, maximising
opportunities for northern orientation and incorporating water sensitive design techniques in
new developments.
Incorporates satisfactory ESD guidelines for new uses.
Residential Surrounds
Maintains and enhances a high level of residential amenity in residential precincts within and
surrounding the Activity Centre, including limiting non-residential traf昀椀c, limiting activities
that generate unreasonable noise levels, and enhancing streetscape and landscape treatments
in residential streets.
Integrates development within the Activity Centre with the surrounding network of streets and
public spaces to provide easy pedestrian and cycle assess to the Study Area, whilst avoiding
the introduction of additional vehicle traf昀椀c into residential precincts.
Achieves a suitable transition between residential and non-residential precincts.
Facilitation and Development

Supports the facilitation and coordination of public and private investment in the Activity
Centre consistent with this policy and the approved Structure Plan for Burwood Heights.
Retains the 昀氀exibility for public and private investors to prepare creative and exciting plans
for investment within the Activity Centre, within the general framework established by this
policy and the approved Structure Plan.
Avoids sti昀氀ing the opportunity to consider new and exciting initiatives not foreshadowed in
this policy or the approved Structure Plan, provided this policy and the approved Structure Plan
are not prejudiced and net community bene昀椀t is demonstrated.
Provides for the timely delivery of infrastructure, including water, road and public transport,
through development contribution schemes to support the evolution of the Activity Centre.

10/09/2015
C170 Burwood Heights Activity Centre Structure Plan (June 2006).
Activity Centre Design Guidelines (June 2005).
Burwood Heights Shopping Centre Business Plan (May 2014).
Burwood East Master Plan and Urban Design Report (January 2015)
Page 273 of 1195

Burwood Heights Activity Centre
Page 274 of 1195

22.12 FORMER BRICKWORKS SITE, 78 MIDDLEBOROUGH ROAD, BURWOOD EAST

10/09/2015
C170 This policy applies to land located at 78 Middleborough Road, 21-49 Burwood Highway, part of
Old Burwood Road and 14 Eley Road, Burwood East comprising the former brickworks site near
the north-east corner of Burwood Highway and Middleborough Road (the Former Brickworks
Site), as shown on the map forming part of this policy: Figure 1 Indicative Concept Plan. The
Former Brickworks Site forms part of the Burwood Heights Activity Centre (the Activity Centre).

10/09/2015
C170 The Municipal Strategic Statement (MSS) includes the former brickworks as a strategic
redevelopment site in Clauses 21.01 and 21.04. Clause 21.07 highlights the signi昀椀cance of the
site in development of the Burwood Heights Activity Centre.
The Burwood East Master Plan and Urban Design Report (the Master Plan) has been completed
for the former brickworks and will guide its future improvement as an integrated mixed-use
development that is well-designed and adjacent to the Principal Public Transport Network. The
site is to be redeveloped within the context of the Burwood Heights Activity Centre Structure Plan
and the Master Plan for the Former Brickworks Site.
The Former Brickworks Site will become a new mixed-use development in the Activity Centre
that provides residential, retail, entertainment, commercial, community services and leisure
opportunities in a built environment that is exciting, engaging and diverse.
The Indicative Concept Plan at Figure 1 identi昀椀es land use and character precincts, primary access
arrangements, sensitive edges and interfaces, and key public spaces. This policy should be read
in conjunction with the Burwood Heights Activity Centre policy at Clause 22.11.
22.12-2 Objectives
10/09/2015
C170 To facilitate redevelopment of the Former Brickworks Site as an integrated and integral part
of the wider Activity Centre.
To ensure that use and development on the site complements the existing uses within and the
ongoing role and function of the Burwood Heights Activity Centre and other existing activity
centres in the region.
To ensure that the scale and intensity of development that occurs on the site provides and
supports the infrastructure that is required for the redevelopment of the site.
To provide for land uses and development on the Former Brickworks Site that:
– Strengthen the connections and networks within and to the Activity Centre, particularly for
sustainable transport options.
– Contribute to the establishment of a vibrant mixed use Activity Centre.
– Provide diverse and usable public spaces.
– Promote excellence in the design of new buildings and the public realm.
– Provide for residential development.
– Contribute to residential amenity.
– Integrate effectively with the transport network, providing opportunities for multi-modal
access.
– Incorporate ecologically sustainable development principles.
– Provide an appropriate level of community services that responds to the needs of the broader
existing local population as well as future residents.
– Promote increased public transport use and non-car based travel.
Page 275 of 1195

– Provide a local access network that supports sustainable travel, especially non-motorised
travel for short trips.
22.12-3 Policy
10/09/2015
C170 It is policy that use and development of the site is consistent with the Indicative Concept Plan
(Figure 1).
Land Use and Function

Achieves a diversity of commercial, entertainment and leisure, retail, residential and community
land uses that support the function of Burwood Heights as an Activity Centre.
Provides for a retail precinct that is developed for a mix of uses that complements the existing
retail and commercial uses in the Activity Centre.
Provides for entertainment facilities on the site such as restaurants, cafes, entertainment and
leisure activities, and specialty retail uses.
Ensures any large scale restricted retail premises or convenience restaurants are designed in an
integrated format.
Generates activity over a 24-hour period in appropriate locations to support community safety
and surveillance.
Provides a range of housing types including higher density housing options that are responsive
to local housing needs, affordable housing and housing for people with additional needs.
Creates residential, mixed use and retail precincts as shown in the Indicative Concept Plan
(Figure 1).
Establishes open spaces that provide opportunities for recreation, community events and informal
gatherings.
Makes provision for public open space in accordance with Clause 52.01 and community
infrastructure in accordance with any approved Development Contributions Plan for the site.
Provides appropriate land uses near the edges of the site to protect the amenity of adjoining
residential development and activities on the RSPCA site.
Movement Systems and Access

Establishes an internal link road that connects Burwood Highway and Middleborough Road
and provides a mixed-use, activated Main Street concept adjoining the retail precinct.
Designs the internal link road as a tree-lined boulevard that is pedestrian and bicycle friendly,
and contributes positively to the site’s character and aesthetic quality.
Creates vibrant streets and public places by maximising activation of land uses on key road
frontages and to public spaces wherever possible.
Provides points of access into the site for pedestrians and cyclists from all adjoining roads and
the opportunity for pedestrian and cyclist access to Medhurst and Ramsey Streets, and the
retarding basin to the east of the site.
Preserves an appropriate level of amenity in surrounding residential areas by limiting points
of access to the site for motorised vehicles.
Establishes an open and legible road and pedestrian access network that connects the site to its
surrounds without causing signi昀椀cant impacts on the surrounding residential area.
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Enables permeability, activation and sense of place by providing for a hierarchy of internal
streets, laneways and pedestrian and public spaces within the site.
Establishes a quality built and landscaped frontage, and a sense of address to Middleborough
Road.
Promotes and enables access into and within the site by non-motorised transport modes,
particularly walking and cycling, by providing a network of on-road and off-road paths.
Provides safe and convenient access for people with particular needs including young, elderly
and disabled people.
Signi昀椀es the role of particular streets and accessways through appropriate landscape themes
and urban design treatments.
Supports any future improvements to public transport provision to or within the Former
Brickworks Site including the potential for improved transport integration.
Open Space and Environment

Integrates with the surrounding open space system.
Provides a civic space in the central part of the site.
Provides an accessible “green space” around the quarry depression and water body in the central
part of the site.
Connects the civic space to the central green space with a linear “transitional” open space to
provide an interconnected spine.
Creates a distinctive and interesting variety of open spaces that establishes a local identity.
Appropriately manages interfaces with adjoining residential areas.
Retains and strengthens a strong landscape theme as part of the gateway treatment on Burwood
Highway.
Built Form and Urban Design

Promotes excellence in the design of new buildings and the public realm.
Provides buildings with architectural merit on the Burwood Highway and Middleborough Road
frontages to mark the gateways to the site and at prominent locations in the central part of the
site.
Frames the internal link road with public spaces and active and articulated building frontages.
Encourages buildings that allow for the vertical mixing of uses in appropriate locations.
Promotes 昀氀exibility and versatility in building design to accommodate various uses as part of
the evolution and development of the Activity Centre.
Orientates buildings to capitalise on the north-facing aspect of the site and the long-distance
views it offers.
Ensures residential buildings overlook the central open space.
Orientates buildings to achieve good solar access to public spaces.
Promotes diversity in the scale, form and function of residential buildings.
Achieves gradual transitions in building scale between new and existing residential development
and the RSPCA that is sympathetic to the surrounding built form.
Supports lower scale development on the periphery of the site.
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Applies water sensitive urban design treatments and ecologically sustainable development
principles across all parts of the site.
Applies Crime Prevention Through Environmental Design (CPTED), Supportive Environments
for Physical Activity (SEPA) and universal design and accessibility principles in all phases of
the planning and design process.
Meets and preferably exceeds relevant energy ef昀椀ciency standards.
Integration
Encourages pedestrian permeability between the site, the existing Burwood Heights Shopping
Centre and surrounding residential areas.
Connects the site to the external road network and public transport services.
Visually integrates the site with surrounding development by creating view-lines and achieving
a gradual transition in built form.
Provides appropriate frontages to Burwood Highway, Middleborough Road and Eley Road.
Locates the intersection of the proposed internal link road and Burwood Highway to integrate
with the Burwood Heights Shopping Centre and facilitate improved connectivity within the
activity centre and to public transport.
Provides an appropriate treatment of interfaces between non-residential, and existing and
proposed residential development.
Community-building
Promotes community interaction through good urban design, the creation of urban spaces and
site permeability to encourage walking and cycling.
Makes provision for location of appropriate community facilities on the site.
Promotes physical activity and community safety through good urban design and architecture.
Provides a major civic space that can accommodate community and cultural events and future
opportunities for public art.
Strengthens and broadens the economic base of the Activity Centre and the City of Whitehorse.
Supports the introduction of a range of retail and commercial uses that are consistent with the
Activity Centre status of Burwood Heights and that complement the existing retail and
commercial uses.
Creates a high quality built environment that attracts business investment.

10/09/2015
C170 Activity Centre Design Guidelines (June, 2005)
Safer Design Guidelines for Victoria (2005)
Guidelines for Higher Density Residential Development (2004)
Page 278 of 1195

Figure 1 - Indicative Concept Plan
Page 279 of 1195

22.13 14 FEDERATION STREET, BOX HILL

13/12/2012
C135 This policy applies to land at 14 Federation Street, Box Hill.

13/12/2012
C135 The Municipal Strategic Statement identi昀椀es the property as a Key Redevelopment site. Council
wishes to ensure that future use and development are appropriate to the role of this site in accordance
with any Statements of Environmental Audit.
It should be recognised that the property has been identi昀椀ed as having potential for future residential
development following the resolution of environmental issues.
22.13-2 Objectives
13/12/2012
C135 To encourage appropriate use and development, which has regard and responds to environmental
issues.
To recognise the possible long-term future use of the site for residential purposes.
To ensure the retention of buildings listed on the Victorian Heritage Register.
To achieve development in a high-amenity environment.
To facilitate innovative development of high-quality architectural and landscape design that
makes a positive contribution to the character of the area.
22.13-3 Policy
13/12/2012
Use and development of the land must have regard and respond to environmental issues related
to the former use of the site as land昀椀ll.
Use and development of the land is undertaken so as to retain buildings on the Victorian Heritage
Register.
Use and development of land is to be in accordance with any applicable Statements of
Environmental Audit.
The site be identi昀椀ed as having the potential to be developed for future residential uses dependent
on the environmental conditions.
Page 280 of 1195

22.14 STUDENT ACCOMMODATION

10/06/2021
C213whse This policy applies to applications to use or develop land for the accommodation of students
attending a tertiary insitution.

10/06/2021
C213whse With a dramatic increase in international student enrolment at Whitehorse’s two major tertiary
education institutions, Deakin University and Box Hill Institute, there has been a consequent
demand for different types of student accommodation in the city. It is important that this
accommodation provides convenient access to the institutions and to a wide range of local services
and facilities, including public transport, while best serving the unique needs of students in terms
of its design, layout, and amenity.
22.14-2 Objective
10/06/2021
C213whse To locate student accommodation that is convenient to tertiary institutions, local services and
public transport.
To provide student accommodation that meets the needs of students.
To manage student accommodation to protect the amenity of the neighbourhood and the welfare
of students.
22.14-3 Policy
10/06/2021
C213whse
Location strategies
Locate student accommodation on sites:
Within the Box Hill Metropolitan Activity Centre or a major activity centre.
That provide convenient access to a tertiary institution.
That abut the Principal Public Transport Network.
Avoid locating student accommodation in Limited Change Areas, as shown in the Housing
Framework Plan at Clause 02.04.
Location policy guideline

Consider, as relevant:
Locating student accommodation on sites within the 500 metres of a tertiary institution.
Design strategies
Design student accommodation developments that:
Are adaptable for future use by other uses with low car parking demands.
Provide an active interface to the street.
Provide clear physical and visual links to entries from the street.
Allow natural light and ventilation to circulation spaces.
Include ecologically sustainable landscaping as an integral part of the design.
Support student accommodation that provides:
Self-contained units with individual bathrooms, each accommodating one student.
Shared rooms accommodating more than one student, or shared bathroom facilities, where a
mix of accommodation choices are provided in the one development.
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A range of room types in each development, including bed-sitters, one-and two-bedroom units,
and units to accommodate students with a disability.
Provide the following shared spaces in student accommodation to contribute to amenity and
facilitate interaction between students:
Kitchen facilities, with adequate provision of stovetops, ovens, microwaves, sinks, fridges,
dishwashers and food preparation areas to support the number of student residents.
Communal areas, such as indoor spaces, ground-level open space, balconies or terraces to the
street, or useable rooftop areas.
Foyers and mail collection areas.
Storage lockers in a central location.
Laundry, washing and drying facilities.
Design policy guidelines

Providing the following facilities within each student accommodation unit:
A bathroom with a shower, hand basin and toilet.
A sleeping area separated from the living room.
A study area that has a desk with seating provision for each student.
A robe or drawer unit for storage of clothing and personal items for each student.
An internet and TV connection and power points.
Openable windows to allow direct natural light and ventilation to the living room and
bedroom(s).
Direct access to private open space, such as a small balcony or terrace, with a minimum area
of 8 square metres and a minimum width of 2 metres for each unit.
Providing at least one unit in a student accommodation development to accommodate students
with a disability.
Car and bicycle parking strategies

Provide car and bicycle parking, including secure bicycle storage facilities, to meet the needs of
students and visitors.
Locate visitor car and bicycle parking, along with bicycle storage facilities, in common property
areas that are easily accessible.
Car and bicycle parking policy guidelines

For purpose-built student accommodation within the Box Hill Metropolitan Activity centre,
providing car parking at a rate of at least 0.1 spaces per bed.
For purpose-built student accommodation within a major activity centre, within 500 metres of
a tertiary institution, or on a site abutting the Principal Public Transport Network, providing
car parking at a rate of at least 0.25 spaces per bed.
Providing at least one resident bicycle parking space per three beds.
Land use strategies

Ensure that a development containing student accommodation:
Page 282 of 1195

Can only be used for the purpose of student accommodation.

Is managed in a manner that supports its ongoing use for student accommodation.
Land use policy guidelines

Using an agreement under section 173 of the Planning and Environment Act 1987, or an
alternative arrangement, to:
– Restrict the use of the development to the purpose of student accommodation.
– Ensure on-site car spaces are associated with the use of student accommodation and not
subdivided, sold or used for any other purpose.
– Limit the number of resident students who own cars to the number of on-site car spaces
provided.
– Require the student accommodation to be managed in accordance with an approved
management plan.
Using a management plan, prepared in association with individual owners and administered
by an owners’ corporation or other legal entity, to set out the operational requirements of the
student accommodation facility that may include:
– The contact details of a suitably responsible person who is available 24 hours per day, seven
days per week, that are displayed in a manner that is visible to any person entering the site.
– Arrangements for providing international, interstate or country students with access to
welfare support.
– The means by which car spaces are allocated to residents and a register that documents the
allocation of these spaces.
– Rules regarding the behaviour of residents and visitors.
– A procedure for dealing with complaints from residents and from persons not residing on
the site.
– Protocols relating to rubbish bin storage and collection.
– The re-use of furniture and other domestic items, and provisions for the collection of hard
waste when tenants change.
– The permanent display of the management plan in a common area that is accessible to
residents.
– The provision of information to residents regarding public transport and other non-car-based
transport modes.
22.14-4 Policy documents

10/06/2021
C213whse City of Whitehorse Student Accommodation Strategy – Background Paper, August 2018
City of Whitehorse Student Accommodation Strategy, August 2018
Whitehorse Housing Strategy 2014
Page 283 of 1195

22.15 PUBLIC OPEN SPACE CONTRIBUTION

13/12/2012
C135 This policy applies to all development proposals.

13/12/2012
C135 The MSS identi昀椀es the need for new development to contribute to the provision of public open
space.
Public open space is highly valued within the City of Whitehorse and ful昀椀ls a wide range of
functions. The City has a wide diversity of open space reserves ranging from formal gardens to
high quality sporting reserves to bushland reserves with high conservation values. Regional and
municipal open space is well provided for across the municipality. However, due to historical
development patterns, the western part of the municipality has more areas where some residents
have to walk further to access local open space.
The Whitehorse Open Space Strategy, 2007 (WOSS) identi昀椀es where there is adequate provision
of open space to meet existing residents needs and where there is not. It has also determined where
population and development change will drive demand for new open space or upgrades of existing
reserves. Public open space contributions from developers are one of a number of potential resources
for the acquisition of land for public open space and the improvement of existing facilities on
behalf of new populations. The contribution can be either land or cash at Council’s discretion and
is levied at the time land or buildings are subdivided.
The WOSS has identi昀椀ed areas where additional open space is required to meet the needs of the
population and therefore a land contribution may be sought. These areas are shown on Map 1.
Where Council does not request a land contribution, a cash contribution will apply.
Because public open space contributions can only be imposed at the subdivision stage, it is important
for developers to ascertain at the site analysis stage of the development design process whether
any part of the site might be required for public open space purposes where the site:
is in an area where a land contribution may be sought on Map 1; and
昀椀ts the selection criteria for public open space in Clause 22.15-3.
This will ensure that public open space requirements are identi昀椀ed and allowed for at the earliest
possible time.
22.15-2 Objectives
13/12/2012
C135 To implement the Whitehorse Open Space Strategy.
To identify when and where land contributions for public open space may be sought over cash
contributions.
To ensure that where appropriate, land suitable for public open space is set aside as part of the
design of a development so that it can be transferred to or vested in Council, to satisfy the public
open space contribution requirement.
22.15-3 Policy
13/12/2012
Location
Land contributions for public open space will generally be preferred over cash contributions for
the purposes of Clause 52.01 of the scheme within the areas identi昀椀ed in Map 1. Land will be
requested and accepted at Council’s discretion, in accordance with the open space land requirements
identi昀椀ed in the WOSS.
In all other areas of the municipality, a cash contribution equal to the amount speci昀椀ed in Clause
52.01 is preferred, at Council’s discretion.
Page 284 of 1195

Map 1 – Whitehorse Open Space Strategy 2007, Sub-precincts
Selection criteria for public open space

In locations where a land contribution may be sought over a cash contribution, it is policy that the
following criteria be used to determine whether any part of the land in a development proposal is
appropriate to be contributed as public open space at the time of the subdivision of the land or
building. Land to be contributed:
Should meet the minimum size for the site to meet its intended purpose, on its own or in
combination with adjoining land. The minimum size parcels for each type of open space is as
follows:
– Regional open space, unlimited.
– Municipal open space, minimum 3 hectares.
– Neighbourhood open space, minimum 1 hectare.
– Local open space, minimum 0.26 hectare (up to 0.99 hectare).
– Small local open space, 0.03 hectares (up to 0.25 hectare).
– Linking space, minimum 5 metres wide.
– Should be in good physical condition (e.g. free of contamination and weed infestation).
– Should not be affected by adjoining land use in a way that diminishes the ecological, social
or cultural value of the open space.
– Should have existing biodiversity values or the potential to contribute to these values in
existing or future habitat corridors.
– Should contribute to the wider open space network including forming open space corridor
links.
– Should enhance any indigenous or non-indigenous heritage values.
Page 285 of 1195

– Should be accessible or have the potential to be accessible.

– Should be visually prominent and be accessible by at least two access points or local roads.
– Should have the potential to accommodate a range of formal and informal recreational uses.
– Should be close to a range of transport options for residents to access the site, including
proximity to public transport, linear shared trails and major roads.
– Should not be unduly restricted by services or easements.
– Should enhance the liveability of neighbourhoods by providing visual relief and adequate
levels of sunlight.
– Should enhance the character and attractiveness of the neighbourhood.
Land that does not meet all of the above criteria may still be appropriate as open space for the
purposes of Clause 52.01.
Design
In locations where this policy has identi昀椀ed a preference for a land contribution rather than a cash
contribution, an applicant should consult the responsible authority very early in the site analysis
phase of a proposal to ascertain whether any part of the land might be suitable and required for
public open space purposes.
The design of a building on land where public open space will be required should accommodate
the provision of public open space in a manner that meets the selection criteria for public open
space.
If a contribution under Clause 52.01 is likely to be imposed as a land contribution, and the
responsible authority is satis昀椀ed that an additional part of the land which generally meets the
selection criteria for public open space in Clause 22.15-3 should be acquired, the responsible
authority should consult with the applicant to determine whether the development application
could be modi昀椀ed to enable provision of the additional land to Council at Council’s cost.
Contributions greater than 4%

Contributions greater than 4% (as may be required under Clause 52.01) should have regard to:
– The selection criteria for public open space.
– The open space type and required land size.
– The existing characteristics of the site including features to be retained.
– The intensity of the proposed development and surrounding development.
– The quantity of the additional population and the anticipated demographics based on the
development design.
– Recommendations for the site and surrounding area contained in the Whitehorse Open Space
Strategy.
– Any other relevant strategic planning document.

13/12/2012
C135 Whitehorse Open Space Strategy, Thompson Berrill Landscape Design Pty Ltd in association with
Environment & Land Management Pty Ltd, November 2007
Whitehorse Open Space Strategy: Open Space Contributions Program, Environment & Land
Management Pty Ltd in association with Thompson Berrill Landscape Design Pty Ltd, July 2008
Page 286 of 1195

22.16 INDUSTRIAL AREAS DESIGN GUIDELINES

14/07/2016
C177 This policy applies to land located in the Industrial 1 and Industrial 3 Zones, and former Business
3 Zone land at 28 Thornton Crescent Mitcham and 630 Mitcham Road Mitcham.

14/07/2016
C177 The City of Whitehorse has a unique yet strong industrial base and contains some of the most
active industrial areas in Melbourne’s south east region. Industry and associated business are key
contributors to the City’s strong employment base.
Industrial land uses within the City of Whitehorse are undergoing a shift from manufacturing and
logistics to 昀椀ne grain warehouse, factory and of昀椀ce related activities. The Municipal Strategic
Statement identi昀椀es and emphasises the importance of developing new forms of industrial
development to complement existing industrial uses and protecting the industry base for the
prosperity of the municipality.
This policy provides direction for the design and development of industrial areas. The appearance
and amenity of development strongly in昀氀uences people’s impressions of the City and the amount
of investment by business and industry attracted to high quality environments.
The policy focuses on urban design and landscape to improve the function and appearance,
community perception, access and connectivity and interface of industrial areas.
22.16-2 Objectives
13/12/2012
C135 To promote the creation of industrial precinct character and a sense of address through gateway
or entrance statements, including appropriate landscape treatments.
To facilitate the development of functional, well serviced, amenable, and attractive industrial
areas that have regard to the context of individual industrial precincts.
To effectively co-ordinate the redevelopment of industrial areas to minimise the con昀氀icts
between industrial and more sensitive land uses such as adjoining and nearby residential uses.
To establish a standard of design and development that promotes industry whilst not adversely
impacting on surrounding residential and public uses.
Where necessary, to encourage the consolidation of allotments to facilitate the urban renewal
of land parcels within industrial precincts.
To encourage the uni昀椀cation of industrial streetscapes through the provision of items such as
consistent landscape treatments, street trees, signage and street furniture.
To reduce visual impact of on-site storage and general refuse/waste storage areas from street
view through improved siting, design, landscaping, fencing and other screening treatments.
To improve connectivity, access and mobility within and between industrial precincts and
surrounding areas whilst not adversely impacting on surrounding residential or public uses.
To promote safer areas through improved building design and orientation, and by designing
new development to ensure passive surveillance of open spaces and within the industrial areas.
To encourage innovative building practices, water sensitive and energy ef昀椀cient urban design
within industrial developments.
To ensure the protection of sensitive environmental areas and public open space from
encroachment from inappropriate industrial activities.
22.16-3 Policy
13/12/2012
C135 It is policy that the following matters are taken into account when considering an application to
use or develop land, including the subdivision of land and alterations to an existing building or
works within all industrial areas:
Page 287 of 1195

Building Form & Interfaces

The external appearance of buildings must be attractively designed. New industrial buildings
must make a positive design contribution to the streetscape, particularly where these buildings
are visible from main or secondary roads. Blank walls with no visual relief must be avoided if
these are visible from public areas.
Where high wall construction is proposed along a road frontage, consideration should be given
to varying the building elevations by the inclusion of lower level of昀椀ce/reception areas or some
other means that will serve to break down the building bulk and the appearance of blank walls.
Development adjacent to open space areas, waterways or sensitive uses such as residential land
use should be of a complimentary/transitional scale and appearance to the adjoining environs.
The design of new buildings in industrial areas should:
– Be consistent in scale with nearby buildings.
– Encourage high quality contemporary building forms and presentation to street frontages
and other key interfaces.
– Provide clear entrances, interesting facades and detailing.
– Emphasise the importance of “landmark” and gateway sites.
– Incorporate facades that address both streets on corner buildings.
– Locate of昀椀ce components to the front of the building.
– Have no advertising signs projecting above the building line.
– Screen plant and equipment from street view.
– Integrate or conceal exterior elements of services, plumbing, heating and ventilation systems
into the building. Roof top services should be located out of sight from the street.
Outbuildings and/or ancillary installations should be compatible with the design theme
established by primary buildings on each site.
Adequate interface setbacks are to be provided to ensure that:
– There will be no adverse amenity impacts on residential properties.
– There is suf昀椀cient land set aside for landscaping to improve the visual amenity of the area.
Streetscape Amenity and Landscaping

Landscaping should be designed as an integral part of any development and assist in creating
a uni昀椀ed appearance within an industrial area and in improving the environmental quality of
the area.
The provision of a landscape buffer incorporating landscaping and planting should be provided
along street frontages to soften the visual impact of the built form and improve the amenity of
the area. Landscape areas which are narrow and provide maintenance challenges should be
avoided.
The landscaping theme adopted for a development should be simple and include use of
semi-mature trees and where possible, the retention of existing mature trees.
An application for buildings and works should be accompanied by a landscape plan that:
– recognises the themes already established in nearby major roads and open spaces;
– establishes a “green” theme;
– contributes to the creation of an attractive business environment;
– visually reduces the bulk of development and enhances the appearance of buildings;
Page 288 of 1195

– promotes the provision of canopy trees where appropriate complimented by mid and lowers
level plantings to soften the building form;
– provides summer shade and windbreaks to areas used by pedestrians or occupied by car
parking;
– minimises surface run-off; and
– is practical to implement and maintain and is sustainable.
Frontage Carparking and Vehicle Loading

Car parks and car parking within front boundary setbacks should be avoided with the exception
of a limited proportion of visitor parking.
Large car parks shall include landscaped traf昀椀c islands to allow additional canopy tree and
understorey planting. Plant species shall be selected to allow clear sightlines for freight
movements, pedestrians, cyclists and motorists.
The visual impact of parked vehicles should be minimised by the use of appropriate contouring
and landscaping treatments while maintaining overall safety and sightlines.
All cars should be able to enter and leave frontage carparking in a forward direction.
All truck loading and servicing shall occur within the site. No loading or servicing is permitted
in the frontage carparking or on public roads.
Loading and services bays should be separated from private vehicle, pedestrian and bicycle
routes.
Frontage carparking and other car parks are not to be used for temporary storage of goods or
for servicing or loading.
Truck parking shall not be located within designated frontage carparking areas or landscape
setbacks. If truck parking is required, designated truck parking spaces are to be provided.
On-street parking of trucks will not be permitted.
General Refuse/Waste Storage

General refuse/waste storage areas should be con昀椀ned to the rear/side of the lot where the side
setback is not a street frontage or abutting a sensitive or residential land use. If this is not
possible, the general refuse/waste storage area should be screened by landscaping and/or fencing
to avoid visual impact to the street.
Any areas intended for the exterior storage of goods or machinery should be screened from
any street or neighbouring property.
Where possible, storage areas should be an integral part of the design of buildings.
Outside storage areas should be designed to prevent the proliferation of litter and other material
within and beyond the site.
The informal storage of goods or material around buildings should be avoided and landscape
and/or screening should be provided to ensure the visual amenity of the streetscape and adjoining
properties.
Street setbacks should not be used to store goods, materials or waste.
Access and Circulation

New development should provide improved circulation to promote walking and cycling.
New development should provide secure bicycle storage lockers and showers for staff and
employees.
Page 289 of 1195

New development should avoid creating access con昀氀icts with residents and other land users
accessing their homes or facilities and vehicles accessing the industrial precinct.
Loading and service areas shall be integrated with the built form and landscape treatments for
each lot.
Loading bays should:
– allow delivery vehicles to enter and leave the site in a forward direction (generally on larger
sites), unless it can be demonstrated that no substantial traf昀椀c hazard is likely to occur; and
– be located to the side (if not a street frontage) or rear of the site (generally for larger sites);
or
– be located internally within buildings or screened from street view.
Security/Safety
Buildings should be orientated and glazing provided where possible to provide passive
surveillance to the street and other adjoining public areas.
Pedestrian and cyclist circulation should be separated from vehicular movements wherever
possible/appropriate.
Clear sightlines should be maintained at all vehicular crossovers.
External lighting should be provided for security, safety and amenity for all exterior areas
including car parks, pedestrian paths and storage areas without causing light spill into adjoining
properties or neighbouring areas.
Security fencing should be:
– of a type and colour which will have minimal visual impact;
– visually compatible with the development; and
– set back from the road boundary so that it is either within or behind landscape buffer areas.
22.16-4 Policy – Rooks Road Industrial Precinct

13/12/2012
C135 In addition to the provisions of Clause 22.16-3, it is policy that the interface with abutting residential
areas associated with the Rooks Road industrial precinct be sensitively managed and that the
amenity of the area is improved through the provision of adequate landscaping.
These matters are to be taken into account when considering an application to use or develop land,
including the subdivision of land and alterations to an existing building or works within the Rooks
Road industrial precinct:
Within the Rooks Road Industrial Area, it is policy that:
Building setbacks
Adequate setbacks be provided to ensure that:
– There will be no adverse amenity impacts on residential properties.
– There is suf昀椀cient land set aside for landscaping to improve the visual amenity of the area.
Performance Standards
The following building setback standards are considered to satisfy the policy objectives and
statements outlined above:
Precinct Boundary / Road Frontage Minimum Building Setback
A Mitcham Road 15 metres
Page 290 of 1195

Precinct Boundary / Road Frontage Minimum Building Setback
Northern boundary (rear of Lots 1 – 14 on Plan of 22 metres

Subdivision No. 332167K)
Redland Road 6 metres
Part of southern boundary that abuts residential properties 9 metres

fronting Carinya Road
Landscaping
Fences are not to be constructed in the landscaped frontage setback area of the property known
as 15-17 Maurice Court, Nunawading.

14/07/2016
C177 City of Whitehorse Economic Development Strategy 2014-2019
City of Whitehorse Industrial Strategy 2011
Page 291 of 1195

22.17 GAMING
28/03/2013
C108 This policy applies to all applications for new gaming machines or gaming venues.

28/03/2013
C108 Clause 21.06 Housing recognises that there is a legitimate need for non-residential uses in residential
areas to serve the needs of the local community. These uses may include venues that support
gaming and gaming machines.
Clause 21.07 Economic Development notes that gaming establishments can divert local expenditure
from activity centres. As such it sets as a strategy to restrict the establishment of gaming venues
in all shopping centres.
Clause 52.28 of the Whitehorse Planning Scheme seeks to ensure that gaming machine venues are
situated in appropriate locations and that the social and economic impacts of such venues are
considered. Through the application of these provisions Council has prohibited the establishment
of any new gaming venues in shopping complexes and strip shopping centres across the city.
Council’s Responsible Gambling Policy 2011 acknowledges that gambling is a legal form of
recreation for adult members of the community. Whilst this is the case the Policy also acknowledges
that a proportion of the community is susceptible to problem gambling which can potentially have
signi昀椀cant impacts on the health and wellbeing of individuals, families and the broader community.
These impacts are felt disproportionately by different segments of the community and more
vulnerable groups tend to sustain the biggest losses.
22.17-2 Objectives
28/03/2013
C108 To ensure that the social and economic impacts of gaming are considered in applications for
new venues or variations to the number of machines at existing venues.
To ensure that the operation of gaming in Whitehorse delivers a net community bene昀椀t.
To ensure that the location and design of gaming machine venues minimises the incidence of
problem gambling.
To ensure gaming premises offer a range of non-gaming entertainment and recreation activities
rather than be stand alone gaming premises.
To ensure that the operation, location and design of gaming premises does not have a negative
impact on the amenity, character, community values and safety of the area.
22.17-3 Policy
28/03/2013
Council will not allow Electronic Gaming Machines (EGMs) on Council owned or managed
land.
Proposals for new gaming premises are to include a range of non-gambling entertainment and
recreation activities.

28/03/2013
C108 It is policy to require the following information be provided as part of any application for a new
gaming venue or for a proposal to increase the number of EGMs in an existing venue:
Criteria Information required
Locational Description of the gambling venue and its proposed location.

features
Details about the existing and proposed distribution of EGMs in the municipality.
Page 292 of 1195

Patron profile Social and demographic profile of the current and/or anticipated patrons of the gambling
venue including how the profile and conclusions about patrons were reached. Rationale
for the patron catchment based on established patterns of movement by local residents
and visitors.
Supporting evidence (such as attendance records) provided of patronage and anticipated
patronage.
Social profile Detailed profile of the residential population in the catchment area (5km radius of venue).
Include the Social and Economic Index for Areas (SEIFA) scope for the area, population
profile and projected growth, level of housing affordability and housing stress, income
levels, employment and unemployment rates, educational retention and attainment
levels, social security recipients (if available), levels of demand for financial aid/social
support services (if available). Appropriate comparative measures to be provided to
assess the relative vulnerabilities and strengths of the local community.
Vulnerability and Description of currently available support services including: specific problem gambling
supports support services, financial counselling, social and financial support services, general
psychological support services and their location in relation to the anticipated patron
catchment area.
Level of current demand for gambling help services, financial counselling, material and
financial aid (if available).
Community and Evidence of the community’s attitude toward the application for increased EGMs in the
stakeholders municipality broadly and the local area more specifically. The Applicant needs to provide
evidence of this attitude by conducting a technically sound and robust attitudinal survey
of patrons of the premises and more broadly.
Where the application concerns a club licence (as opposed to a hotel licence) evidence
that the application has the support of the majority of the club’s members. This would
ordinarily require a copy of a club resolution following full details of the application being
conveyed to the club members and debated.
Community Details of the nature and extent of community benefits expected from the proposal and
benefit how the benefits are to be secured and distributed to the local community. Where, for
example, the Applicant claims that the proposal will result in improvements being made
to the premises or improvements to services, how the community will be assured that
these improvements will occur once the application is approved. Where the application
concerns a club licence (as opposed to a hotel licence) details of the distribution of
Community Benefit Funds to the local community.
Alternate Details of existing and proposed gambling and non-gambling related entertainment and
entertainment recreation facilities within the local area and, if it is being contended that those facilities
are not satisfying the current or future needs of the community, provide evidence of the
contended needs.
Expenditure Details of existing gambling expenditure at the venue (over a 3-year period prior to the
application) and a forecast of anticipated expenditure at the venue if the proposal was
to be approved.
If the Applicant contends that gambling expenditure is likely to be transferred from other
venues (including venues in other municipalities), the Applicant is to provide:
How the level of transfer has been calculated (including, but not limited to, a
comparison per machine expenditure at the venue prior to and after the additional
machines, current usage levels of machines at the venue, and projected usage level
of machines at the venue after the additional machines).
The amount of transfer expenditure anticipated.
The resulting impact on revenue of the venue from where the expenditure is being
transferred.
The resulting social and economic impact on the venue from where the expenditure
is transferred (such as loss of employment, loss of complementary expenditures,
loss of customers, and impact on ability to provide services).
The resulting social and economic impact on the local area within which those venues
are located.
Details of the relative social and economic differences between the two venue
catchments (to be measured by SEIFA indices, ABS data and other relevant data).
An explanation as to why the EGMs are being transferred is to be provided.
Page 293 of 1195

This would ordinarily require a statement from the operators of other venues.
Harm prevention Details of the design and layout of the premises (including gambling area) including all
and product proposed and existing signage and evidence of compliance with any relevant gambling
safety measures regulations concerning the premises’ layout, design and operation. Details of any current
or proposed measures by the applicant to minimise harms due to problem gambling
that are additional to regulatory requirements.

28/03/2013
C108 Whether the social and economic impacts of gaming associated with a proposal for a new
gaming venue or the expansion of gaming machines at an existing venue can be demonstrated
to be minimal on the community.
Whether a proposal for a new gaming venue or the expansion of gaming machines at an existing
venue can demonstrate that it can deliver a net community bene昀椀t.
Whether the location and design of a new gaming venue is such that it helps minimise the
possible incidence of problem gambling.
Whether any new proposed gaming premises also offers a range of non-gaming entertainment
and recreation activities.
Whether the operation, location and design of proposed gaming premises does not have a
negative impact on the amenity, character, community values and safety of the area.

28/03/2013
C108 City of Whitehorse Responsible Gambling Policy 2011.
Page 294 of 1195

23 OPERATION OF THE LOCAL PLANNING POLICY FRAMEWORK (TRANSITIONAL)

31/07/2018
VC148
Page 295 of 1195

23.01 RELATIONSHIP TO THE PLANNING POLICY FRAMEWORK

31/07/2018
VC148 Clauses 21 and 22 of this planning scheme (the Local Planning Policy Framework) form part of
the Planning Policy Framework. Where a provision of this planning scheme requires consideration
of the Planning Policy Framework, that consideration must include Clauses 21 and 22.
A reference in this planning scheme, including any incorporated document, to the:
State Planning Policy Framework or the Local Planning Policy Framework is to be taken to be
a reference to the Planning Policy Framework.
Planning Policy Framework is to be taken to include the Local Planning Policy Framework.
Page 296 of 1195

23.02 OPERATION OF THE MUNICIPAL STRATEGIC STATEMENT

31/07/2018
VC148 The Municipal Strategic Statement (MSS) is a concise statement of the key strategic planning,
land use and development objectives for the municipality and the strategies and actions for achieving
the objectives. It furthers the objectives of planning in Victoria to the extent that the State Planning
Policy Framework is applicable to the municipality and local issues. It provides the strategic basis
for the application of the zones, overlays and particular provisions in the planning scheme and
decision making by the responsible authority.
The MSS provides an opportunity for an integrated approach to planning across all areas of council
and should clearly express links to the corporate plan. The MSS is dynamic and enables community
involvement in its ongoing review. The MSS will be built upon as responsible authorities develop
and re昀椀ne their strategic directions in response to the changing needs of the community.
When preparing amendments to this planning scheme and before making decisions about permit
applications, planning and responsible authorities must take the MSS into account.
Page 297 of 1195

23.03 OPERATION OF THE LOCAL PLANNING POLICIES

31/07/2018
VC148 Local Planning Policies are tools used to implement the objectives and strategies of the Municipal
Strategic Statement.
A Local Planning Policy is a policy statement of intent or expectation. It states what the responsible
authority will do in speci昀椀ed circumstances or the responsible authority’s expectation of what
should happen. A Local Planning Policy gives the responsible authority an opportunity to state its
view of a planning issue and its intentions for an area. A Local Planning Policy provides guidance
to decision making on a day to day basis. It can help the community to understand how the
responsible authority will consider a proposal. The consistent application of policy over time
should achieve a desired outcome.
When preparing amendments to this planning scheme and before making decisions about permit
applications, planning and responsible authorities must take any relevant Local Planning Policy
into account.
Page 298 of 1195

30 ZONES
19/01/2006
VC37 This section sets out the zones which apply in this scheme.
Page 299 of 1195

31 [NO CONTENT]
31/07/2018
VC148
Page 300 of 1195

32 RESIDENTIAL ZONES
19/01/2006
VC37
Page 301 of 1195

32.03 LOW DENSITY RESIDENTIAL ZONE

31/07/2018
VC148 Shown on the planning scheme map as LDRZ with a number (if shown).
Purpose
To implement the Municipal Planning Strategy and the Planning Policy Framework.
To provide for low-density residential development on lots which, in the absence of reticulated
sewerage, can treat and retain all wastewater.
32.03-1 Table of uses

01/01/2024
VC250
Section 1 - Permit not required
Use Condition
Automated collection point Must meet the requirements of Clause 52.13-3 and 52.13-5.
The gross floor area of all buildings must not exceed 50 square
metres.
Bed and breakfast No more than 10 persons may be accommodated away from their
normal place of residence.
At least 1 car parking space must be provided for each 2 persons

able to be accommodated away from their normal place of
residence.
Community care accommodation Must meet the requirements of Clause 52.22-2.
Domestic animal husbandry (other Must be no more than 2 animals.

than Domestic animal boarding)
Dwelling (other than Bed and Must be the only dwelling on the lot.
breakfast)
Must meet the requirements of Clause 32.03-2.
Home based business
Informal outdoor recreation
Medical centre The gross floor area of all buildings must not exceed 250 square
metres.
The site must adjoin, or have access to, a road in a Transport Zone
2 or a Transport Zone 3.
Racing dog husbandry Must be no more than 2 animals.
Railway
Small second dwelling Must be no more than one dwelling existing on the lot.
Must be the only small second dwelling on the lot.
Reticulated natural gas must not be supplied to the building, or

part of a building, used for the small second dwelling.
Tramway
Any use listed in Clause 62.01 Must meet the requirements of Clause 62.01.
Page 302 of 1195

Section 2 - Permit required
Use Condition
Accommodation (other than Community care

accommodation, Dwelling and Small second
dwelling)
Agriculture (other than Animal production,

Apiculture, Domestic animal husbandry and Racing
dog husbandry)
Car park Must be used in conjunction with another use in

Section 1 or 2.
Car wash The site must adjoin, or have access to, a road in
a Transport Zone 2 or a Transport Zone 3.
Convenience restaurant The site must adjoin, or have access to, a road in
Convenience shop
Domestic animal boarding
Domestic animal husbandry (other than Domestic Must be no more than 5 animals.
animal boarding) – if the Section 1 condition is not
met
Dwelling (other than Bed and breakfast) – if the Must result in no more than two dwellings on the
Section 1 condition is not met lot.
Food and drink premises (other than Convenience

restaurant)
Grazing animal production
Leisure and recreation (other than Informal outdoor

recreation and Motor racing track)
Market
Place of assembly (other than Amusement parlour,

Carnival, Cinema based entertainment
facility, Circus and Nightclub)
Plant nursery
Service station The site must either:
Adjoin a commercial zone or industrial zone.
Adjoin, or have access to, a road in a Transport

Zone 2 or a Transport Zone 3.
The site must not exceed either:
3000 square metres.
3600 square metres if it adjoins on two

boundaries a road in a Transport Zone 2 or a
Transport Zone 3.
Page 303 of 1195

Use Condition
Store Must be in a building, not a dwelling, and used to

store equipment, goods, or motor vehicles used
in conjunction with the occupation of a resident of
a dwelling on the lot.
Utility installation (other than Minor utility

installation and Telecommunications facility)
Any other use not in Section 1 or 3
Section 3 – Prohibited
Use
Amusement parlour
Animal production (other than Grazing animal production)
Cinema based entertainment facility
Extractive industry
Industry (other than Automated collection point and Car wash)
Motor racing track
Nightclub
Office (other than Medical centre)
Retail premises (other than Convenience shop, Food and drink premises, Market and Plant nursery)
Saleyard
Small second dwelling - if the Section 1 condition is not met
Transport terminal
Warehouse (other than Store)
32.03-2 Use for one or two dwellings, or a small second dwelling

14/12/2023
VC253 A lot used for one or two dwellings or a small second dwelling must meet the following
requirements:
Each dwelling or small second dwelling must be connected to reticulated sewerage, if available.
If reticulated sewerage is not available, all wastewater from each dwelling must be treated and
retained within the lot in accordance with the requirements in the Environment Protection
Regulations under the Environment Protection Act 2017 for an on-site wastewater management
system.
Each dwelling or small second dwelling must be connected to a reticulated potable water supply
or have an alternative potable water supply, with appropriate storage capacity.
Each dwelling or small second dwelling must be connected to a reticulated electricity supply
or have an alternative energy supply.
32.03-3 Subdivision
14/12/2023
VC253
Permit requirement
A permit is required to subdivide land.
Page 304 of 1195

Each lot must be at least the area speci昀椀ed for the land in a schedule to this zone. Any area speci昀椀ed
must be at least:
0.4 hectare for each lot where reticulated sewerage is not connected. If no area is speci昀椀ed each
lot must be at least 0.4 hectare.
0.2 hectare for each lot with connected reticulated sewerage. If no area is speci昀椀ed each lot
must be at least 0.2 hectare.
A permit may be granted to create lots smaller than 0.4 hectare if the subdivision:
Excises land which is required for a road or a utility installation.
Provides for the re-subdivision of existing lots and the number of lots is not increased.
A permit must not be granted which would allow a separate lot to be created for land containing
a small second dwelling.
VicSmart applications
Subject to Clause 71.06, an application under this clause for a development speci昀椀ed in Column
1 is a class of VicSmart application and must be assessed against the provision speci昀椀ed in Column
2.
Class of application Information requirements and

decision guidelines
Subdivide land to realign the common boundary between 2 lots Clause 59.01
where:
The area of either lot is reduced by less than 15 percent.
The general direction of the common boundary does not change.
32.03-4 Buildings and works

04/12/2020
VC180 A permit is required to construct or carry out any of the following:
A building or works associated with a use in Section 2 of Clause 32.03-1.
An outbuilding which has dimensions greater than those speci昀椀ed in a schedule to this zone.
This does not apply to structural changes to a dwelling provided the size of the dwelling is not
increased or the number of dwellings is not increased.
2.
Class of application Information

requirements and
decision guidelines
Construct a building or construct or carry out works where: Clause 59.04
The building or works are not associated with a dwelling, primary school or
secondary school and have an estimated cost of up to $100,000; or
The building or works are associated with a primary school or secondary school
and have an estimated cost of up to $500,000; and
Page 305 of 1195


requirements and
decision guidelines
The requirements in the following standards of Clause 54 are met, where the
land adjoins land in a residential zone used for residential purposes:
– A10 Side and rear setbacks.
– A11 Walls on boundaries.
– A12 Daylight to existing windows.
– A13 North-facing windows.
– A14 Overshadowing open space.
– A15 Overlooking.
For the purposes of this class of VicSmart application, the Clause 54 standards
specified above are mandatory.
If a schedule to the zone specifies a requirement of a standard different from a

requirement set out in the Clause 54 standard, the requirement in the schedule to
the zone applies and must be met.

01/07/2021
VC203
Subdivision
An application must be accompanied by a site analysis, documenting the site in terms of land form,
vegetation coverage and the relationship with surrounding land, and a report explaining how the
proposed subdivision has responded to the site analysis. The report must:
In the absence of reticulated sewerage, include a Land Capability Assessment on the risks to
human health and the environment of an on-site wastewater management system constructed,
installed or altered on the lot in accordance with the requirements of the Environment Protection
Regulations under the Environment Protection Act 2017.
Show for each lot:
– A building envelope and driveway to the envelope.
– Existing vegetation.
– In the absence of reticulated sewerage, an ef昀氀uent disposal area.
Show how the proposed subdivision relates to the existing or likely use and development of
adjoining and nearby land.
If a staged subdivision, show how the balance of the land may be subdivided.

01/01/2024
VC250
General
Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible
authority must consider, as appropriate:
The Municipal Planning Strategy and the Planning Policy Framework.
Page 306 of 1195

Subdivision
The protection and enhancement of the natural environment and character of the area including
the retention of vegetation and faunal habitat and the need to plant vegetation along waterways,
gullies, ridgelines and property boundaries.
The availability and provision of utility services, including sewerage, water, drainage, electricity
and telecommunications.
In the absence of reticulated sewerage:
– The capability and suitability of the lot to treat and retain all wastewater as determined by
a Land Capability Assessment on the risks to human health and the environment of an on-site
wastewater management system constructed, installed, or altered on the lot in accordance
with the requirements of the Environment Protection Regulations under the Environment
– The bene昀椀ts of restricting the size of lots to generally no more than 2 hectares to enable lots
to be ef昀椀ciently maintained without the need for agricultural techniques and equipment.
The relevant standards of Clauses 56.07-1 to 56.07-4.
32.03-7 Signs
31/07/2018
VC148 Sign requirements are at Clause 52.05. This zone is in Category 3.
Page 307 of 1195

21/07/2022
C222whse
SCHEDULE TO CLAUSE 32.03 LOW DENSITY RESIDENTIAL ZONE
Shown on the planning scheme map as LDRZ.
1.0 Subdivision requirements

21/07/2022
C222whse
Land Area (hectares)
Minimum subdivision area (hectares) None specified
2.0 Outbuilding permit requirements

21/07/2022
C222whse
Dimensions above which a permit is required to construct an outbuilding (square metres)
None specified
Page 308 of 1195

32.04 MIXED USE ZONE

31/07/2018
VC148 Shown on the planning scheme map as MUZ with a number (if shown).
Purpose
To provide for a range of residential, commercial, industrial and other uses which complement
the mixed-use function of the locality.
To provide for housing at higher densities.
To encourage development that responds to the existing or preferred neighbourhood character of
the area.
To facilitate the use, development and redevelopment of land in accordance with the objectives
speci昀椀ed in a schedule to this zone.
32.04-1 Objectives
15/07/2013
VC100 A schedule to this zone may contain objectives to be achieved for the area.

01/01/2024
VC250
Section 1 – Permit not required
Use Condition
Art gallery
The gross floor area of all buildings must not exceed 50

square metres.
Bed and breakfast No more than 10 persons may be accommodated away from
their normal place of residence.
At least 1 car parking space must be provided for each 2

persons able to be accommodated away from their normal
place of residence.
Domestic animal husbandry (other than Must be no more than 2 animals.

Domestic animal boarding)
Dwelling (other than Bed and breakfast)
Food and drink premises The leasable floor area must not exceed 150 square metres.
Home based business
Medical centre The gross floor area must not exceed 250 square metres.
Museum
Office (other than Medical centre) The leasable floor area must not exceed 250 square metres.
Place of worship The gross floor area of all buildings must not exceed 250
square metres.
Page 309 of 1195

Use Condition
Railway
Residential aged care facility
Rooming house Must meet the requirements of Clause 52.23-2.
Shop (other than Adult sex product The leasable floor area must not exceed 150 square metres.
shop)
Reticulated natural gas must not be supplied to the building,

or part of a building, used for the small second dwelling.
Tramway
Use Condition
Accommodation (other than Community care accommodation,

Dwelling, Residential aged care facility, Rooming house and Small
second dwelling)
Agriculture (other than Animal production, Apiculture, Domestic

animal husbandry and Racing dog husbandry)
Container deposit scheme centre
Domestic animal husbandry (other than Domestic animal boarding) Must be no more than 5 animals.
– if the Section 1 condition is not met
Industry (other than Materials recycling and Transfer station) Must not be a purpose listed in
the table to Clause 53.10.
Leisure and recreation (other than Informal outdoor recreation)
Place of assembly (other than Art gallery, Carnival, Circus, Museum

and Place of worship)
Retail premises (other than Food and drink premises and Shop)
Utility installation (other than Minor utility installation and Must not be a purpose listed in
Telecommunications facility) the table to Clause 53.10.
Warehouse Must not be a purpose listed in

the table to Clause 53.10.
Page 310 of 1195

Section 3 - Prohibited
Use
Adult sex product shop
Extractive industry
Materials recycling
Small second dwelling – if the Section 1 condition is not met
Transfer station (other than Automated collection point and Container deposit scheme
centre)
32.04-3 Use for industry, service station and warehouse

31/07/2018
VC148
Amenity of the neighbourhood
The use of land for an industry, service station or warehouse must not adversely affect the amenity
of the neighbourhood, including through:
The transport of materials or goods to or from the land.
The appearance of any stored materials or goods.
Traf昀椀c generated by the use.
Emissions from the land.
32.04-4 Subdivision
14/12/2023
VC253
Permit requirement
An application to subdivide land, other than an application to subdivide land into lots each
containing an existing dwelling or car parking space, must meet the requirements of Clause 56
and:
Must meet all of the objectives included in the clauses speci昀椀ed in the following table.
Should meet all of the standards included in the clauses speci昀椀ed in the following table.
Class of subdivision Objectives and standards to be met
60 or more lots All except Clause 56.03-5.
16 – 59 lots All except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1 and 56.06-3.
3 – 15 lots All except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.05-2, 56.06-1, 56.06-3
and 56.06-6.
2 lots Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to 56.09-2.
2.
Page 311 of 1195


requirements and
decision guidelines
Subdivide land to realign the common boundary between 2 lots where: Clause 59.01
Subdivide land into lots each containing an existing building or car parking space Clause 59.02
where:
The buildings or car parking spaces have been constructed in accordance

with the provisions of this scheme or a permit issued under this scheme.
An occupancy permit or a certificate of final inspection has been issued under

the Building Regulations in relation to the buildings within 5 years prior to the
application for a permit for subdivision.
Subdivide land into 2 lots if: Clause 59.02
The construction of a building or the construction or carrying out of works on

the land:
– Has been approved under this scheme or by a permit issued under this
scheme and the permit has not expired.
– Has started lawfully.
The subdivision does not create a vacant lot.
32.04-5 Construction and extension of one dwelling on a lot

22/09/2023
VC243
Permit requirement
A permit is required to construct or extend one dwelling on a lot of less than 300 square metres.
A development must meet the requirements of Clause 54.
No permit required
No permit is required to:
Construct or carry out works normal to a dwelling.
Construct or extend an out-building (other than a garage or carport) on a lot provided the gross
昀氀oor area of the out-building does not exceed 10 square metres and the maximum building
height is not more than 3 metres above ground level.
Make structural changes to a dwelling provided the size of the dwelling is not increased or the
number of dwellings is not increased.
2.
Page 312 of 1195


requirements and
decision guidelines
Construct or extend a dwelling on a lot less than 300 square metres if the Clause 59.14
development meets the requirements in the following standards of Clause 54:
A3 Street setback.
A10 Side and rear setbacks.
A11 Walls on boundaries.
A12 Daylight to existing windows.
A13 North-facing windows.
A14 Overshadowing open space.
A15 Overlooking.

requirement set out in the Clause 54 standard, the requirement in the schedule
to the zone applies and must be met.
32.04-6 Construction and extension of a small second dwelling on a lot

14/12/2023
VC253
Permit requirement
A permit is required to construct or extend a small second dwelling on a lot less than 300 square
metres.
2.

requirements and
decision guidelines
Construct or extend a small second dwelling on a lot less than 300 square metres Clause 59.14
if the development meets the requirements in the following standards of Clause
54:
A3 Street setbank.
A9 Building setback.
A9.1 Safety and accessibility.
Page 313 of 1195


requirements and
decision guidelines
A15 Overlooking.

32.04-7 Construction and extension of two or more dwellings on a lot, dwellings on common
14/12/2023
VC253
property and residential buildings
Permit requirement
A permit is required to:
Construct a dwelling if there is at least one dwelling existing on the lot.
Construct two or more dwellings on a lot.
Extend a dwelling if there are two or more dwellings on the lot.
Construct or extend a dwelling if it is on common property.
Construct or extend a residential building.
A permit is required to construct or extend a front fence within 3 metres of a street if:
The fence is associated with 2 or more dwellings on a lot or a residential building, and
The fence exceeds the maximum height speci昀椀ed in Clause 55.06-2.
A development must meet the requirements of Clause 55. This does not apply to a development
of 昀椀ve or more storeys, excluding a basement.
An apartment development of 昀椀ve or more storeys, excluding a basement, must meet the
requirements of Clause 58.
Transitional provisions
Clause 55 of this scheme, as in force immediately before the approval date of Amendment VC136,
continues to apply to:
An application for a planning permit lodged before that date.
An application for an amendment of a permit under section 72 of the Act, if the original permit
application was lodged before that date.
Clause 58 does not apply to:
An application for a planning permit lodged before the approval date of Amendment VC136.
application was lodged before the approval date of Amendment VC136.
Clauses 55 and 58 of this scheme, as in force immediately before the approval date of Amendment
VC174, continue to apply to:
Page 314 of 1195

2.

decision guidelines
Construct or extend a front fence within 3 metres of a street if Clause 59.03

the fence is associated with 2 or more dwellings on a lot or a
residential building.
32.04-8 Requirements of Clause 54 and Clause 55

14/12/2023
VC253 A schedule to this zone may specify the requirements of:
Standards A3, A5, A6, A10, A11, A17 and A20 of Clause 54 of this scheme.
Standards B6, B8, B9, B13, B17, B18, B28 and B32 of Clause 55 of this scheme.
If a requirement is not speci昀椀ed in a schedule to this zone, the requirement set out in the relevant
standard of Clause 54 or Clause 55 applies.
32.04-9 Residential aged care facility

14/12/2023
VC253
Permit requirements
A permit is required to construct a building or construct or carry out works for a residential aged
care facility.
A development must meet the requirements of Clause 53.17 - Residential aged care facility.
32.04-10 Buildings and works associated with a Section 2 use

14/12/2023
VC253 A permit is required to construct a building or construct or carry out works for a use in Section 2
of Clause 32.04-2.
2.

requirements and
decision
guidelines
Page 315 of 1195


requirements and
decision
guidelines

32.04-11 Buildings on lots that abut another residential zone

14/12/2023
VC253 Any buildings or works constructed on a lot that abuts land which is in a General Residential Zone,
Neighbourhood Residential Zone, Residential Growth Zone, or Township Zone must meet the
requirements of Clauses 55.03-5, 55.04-1, 55.04-2, 55.04-3, 55.04-5 and 55.04-6 along that
boundary.
This does not apply to a building or works for a residential aged care facility.
32.04-12 Maximum building height requirement

14/12/2023
VC253 A building must not be constructed that exceeds the maximum building height speci昀椀ed in a
schedule to this zone.
A building may exceed the maximum building height speci昀椀ed in a schedule to this zone if:
It replaces an immediately pre-existing building and the new building does not exceed the
building height of the pre-existing building.
There are existing buildings on both abutting allotments that face the same street and the new
building does not exceed the building height of the lower of the existing buildings on the
abutting allotments.
It is on a corner lot abutted by lots with existing buildings and the new building does not exceed
the building height of the lower of the existing buildings on the abutting allotments.
It is constructed pursuant to a valid building permit that was in effect prior to the introduction
of this provision.
It is a residential aged care facility and the maximum building height in the schedule to the
zone is less than 16 metres.
An extension to an existing building may exceed the maximum building height speci昀椀ed in a
schedule to this zone if it does not exceed the building height of the existing building.
A building may exceed the maximum building height by up to 1 metre if the slope of the natural
ground level, measured at any cross section of the site of the building wider than 8 metres, is
greater than 2.5 degrees.
The maximum building height requirement in this zone or a schedule to this zone applies whether
or not a planning permit is required for the construction of a building.
Page 316 of 1195

Building height if land is subject to inundation

If the land is in a Special Building Overlay, Land Subject to Inundation Overlay or is land liable
to inundation the maximum building height speci昀椀ed in the zone or schedule to the zone is the
vertical distance from the minimum 昀氀oor level determined by the relevant drainage authority or
昀氀oodplain management authority to the roof or parapet at any point.

14/12/2023
VC253
General
Any application requirements speci昀椀ed in a schedule to this zone.
Use for industry and warehouse

Unless the circumstances do not require, an application to use land for an industry or warehouse
must be accompanied by the following information:
The purpose of the use and the types of activities to be carried out.
The type and quantity of materials and goods to be stored, processed or produced.
Whether a Development Licence, Operating Licence, Permit or Registration is required from
the Environment Protection Authority.
Whether a noti昀椀cation under the Occupational Health and Safety Regulations 2017 is required,
a licence under the Dangerous Goods Act 1985 is required, or a 昀椀re protection quantity under
the Dangerous Goods (Storage and Handling) Regulations 2012 is exceeded.
How land not required for immediate use is to be maintained.
The likely effects, if any, on the neighbourhood, including noise levels, traf昀椀c, air-borne
emissions, emissions to land and water, light spill, glare, solar access and hours of operation
(including the hours of delivery and dispatch of materials and goods).
Buildings and works associated with a Section 2 use

An application to construct a building or construct or carry out works must be accompanied by
the following information, as appropriate:
A site analysis and descriptive statement explaining how the proposal responds to the site and
its context.
Plans drawn to scale and dimensioned which show:
– The layout of proposed buildings and works.
– An elevation of the building design and height.
– Setbacks to property boundaries.
– All proposed access and pedestrian areas.
– All proposed driveway, car parking and loading areas.
– Existing vegetation and proposed landscape areas.
– The location of easements and services.
32.04-14 Exemption from notice and review

14/12/2023
VC253
Subdivision
An application for subdivision is exempt from the notice requirements of section 52(1)(a), (b) and
(d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1)
of the Act.
Page 317 of 1195

Other applications
A schedule to this zone may specify that an application is exempt from the notice requirements of
section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review
rights of section 82(1) of the Act.

14/12/2023
VC253
General
The objectives set out in a schedule to this zone.
Any other decision guidelines speci昀椀ed in a schedule to this zone.
The impact of overshadowing on existing rooftop solar energy systems on dwellings on adjoining
lots in a Mixed Use Zone or Residential Growth Zone.
Use for industry, service station and warehouse

The effect that existing uses on adjoining or nearby land may have on the proposed use.
The design of buildings, including provision for solar access.
The availability and provision of utility services.
The effect of traf昀椀c to be generated by the use.
The interim use of those parts of the land not required for the proposed use.
Whether the use is compatible with adjoining and nearby land uses.
For non-residential uses, the proposed hours of operation, noise and any other likely off-site
amenity impacts.
Subdivision
The pattern of subdivision and its effect on the spacing of buildings.
For subdivision of land for residential development, the objectives and standards of Clause 56.
Construction and extension of one dwelling on a lot and a small second dwelling
The applicable objectives, standards and decision guidelines of Clause 54.
Construction and extension of two or more dwellings on a lot, dwellings on common property
and residential buildings
For two or more dwellings on a lot, dwellings on common property and residential buildings,
the objectives, standards and decision guidelines of Clause 55. This does not apply to an
apartment development of 昀椀ve or more storeys, excluding a basement.
For an apartment development of 昀椀ve or more storeys, excluding a basement, the objectives,
standards and decisions guidelines of Clause 58.
32.04-16 Signs
14/12/2023
VC253 Sign requirements are at Clause 52.05. This zone is in Category 3 unless a schedule to this zone
speci昀椀es a different category.
Page 318 of 1195

21/07/2022
C222whse
SCHEDULE TO CLAUSE 32.04 MIXED USE ZONE
Shown on the planning scheme map as MUZ.
WHITEHORSE MIXED USE AREAS
1.0 Objectives
21/07/2022
C222whse None speci昀椀ed.
2.0 Clause 54 and Clause 55 requirements

21/07/2022
C222whse
Standard Requirement
Minimum street setback A3 and B6 None specified
Site coverage A5 and B8 None specified
Permeability A6 and B9 None specified
Landscaping B13 None specified
Side and rear setbacks A10 and B17 None specified
Walls on boundaries A11 and B18 None specified
Private open space A17 None specified
B28 None specified
Front fence height A20 and B32 None specified
3.0 Maximum building height requirement

21/07/2022
4.0 Exemption from notice and review

21/07/2022
5.0 Application requirements

21/07/2022
6.0 Decision guidelines

21/07/2022
7.0 Signs
21/07/2022
Page 319 of 1195

32.07 RESIDENTIAL GROWTH ZONE

31/07/2018
VC148 Shown on the planning scheme map as RGZ with a number (if shown).
Purpose
To provide housing at increased densities in buildings up to and including four storey buildings.
To encourage a diversity of housing types in locations offering good access to services and transport
including activity centres and town centres.
To encourage a scale of development that provides a transition between areas of more intensive
use and development and other residential areas.
To ensure residential development achieves design objectives speci昀椀ed in a schedule to this zone.
To allow educational, recreational, religious, community and a limited range of other non-residential
uses to serve local community needs in appropriate locations.
32.07-1 Design objectives

27/03/2017
VC110 A schedule to this zone must contain the design objectives to be achieved for the area.

01/01/2024
VC250
Use Condition
metres.
Bed and breakfast No more than 10 persons may be accommodated away from

residence.

Dwelling (other than Bed and

breakfast)
Home based business
metres.
Place of worship The gross floor area of all buildings must not exceed 250 square
metres.
The site must adjoin, or have access to, a road in a

Transport Zone 2 or a Transport Zone 3.
Page 320 of 1195

Use Condition
Railway

Tramway
Section 2 – Permit required
Use Condition

accommodation, Dwelling, Residential aged care
facility, Rooming house and Small second
dwelling)

Animal training, Apiculture, Domestic animal
husbandry, Horse husbandry and Racing dog
husbandry)

Section 1 or 2.
Car wash The site must adjoin, or have access to, a road in a
Convenience restaurant The site must adjoin, or have access to, a road in a
Convenience shop
Domestic animal husbandry (other than Must be no more than 5 animals.

Domestic animal boarding) – if the Section 1
condition is not met
Food and drink premises (other than

Convenience restaurant and Take away food
premises)
Leisure and recreation (other than Informal

outdoor recreation and Motor racing track)
Market
Page 321 of 1195

Use Condition
Office (other than Medical centre) The land must be located within 100 metres of a
commercial zone.
The land must have the same street frontage as the

land in the commercial zone.
The leasable floor area must not exceed 250 square

metres.
Place of assembly (other than Amusement

parlour, Carnival, Cinema based entertainment
facility, Circus, Nightclub and Place of worship)
Plant nursery
Retail premises (other than Food and drink The use must be associated with a use or
premises, Market, Plant nursery and Shop) development to which clause 53.23 (Significant
residential development with affordable housing)
applies.
Adjoin, or have access to, a road in a

3000 square metres.
3600 square metres if it adjoins on two boundaries

a road in a Transport Zone 2 or a Transport Zone
3.
Shop (other than Adult sex product shop, Bottle The land must be located within 100 metres of a
shop and Convenience shop) commercial zone or Mixed Use Zone.
The land must have the same street frontage as the

land in the commercial zone or Mixed Use Zone.
Store Must be in a building, not a dwelling, and used to store

equipment, goods, or motor vehicles used in
conjunction with the occupation of a resident of a
dwelling on the lot.
Take away food premises The site must adjoin, or have access to, a road in a

Use
Adult sex product shop
Amusement parlour
Page 322 of 1195

Use
Animal training
Bottle shop
Extractive industry
Horse husbandry
Motor racing track
Nightclub
Saleyard
Transport terminal
32.07-3 Subdivision
14/12/2023
VC253
Permit requirement
and:
and 56.06-6.
2 lots Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to 56.09-2.
2.
Page 323 of 1195


requirements and
decision guidelines
where:



the land:

22/09/2023
VC243
Permit requirement
A permit is required to construct or extend one dwelling on a lot less than 300 square metres.
No permit required
2.
Page 324 of 1195


requirements and
decision guidelines
A3 Street setback.
A15 Overlooking.


14/12/2023
VC253
Permit requirement
A permit is required to construct or extend a small second dwelling on a lot of less than 300 square
metres.
2.

requirements and
decision guidelines
54:
A3 Street setback.
Page 325 of 1195


requirements and
decision guidelines
A15 Overlooking.

14/12/2023
VC253
Permit requirement
2.

decision guidelines

Page 326 of 1195



14/12/2023

14/12/2023
VC253
Permit requirements
care facility.

14/12/2023
of Clause 32.07-2.
2.

requirements and
decision
guidelines
Page 327 of 1195


requirements and
decision
guidelines

32.07-10 Maximum building height requirement for a dwelling, small second dwelling or
14/12/2023
VC253
residential building
A building must not be constructed for use as a dwelling, small second dwelling or a residential
building that exceeds the maximum building height speci昀椀ed in a schedule to this zone.
If no maximum building height is speci昀椀ed in a schedule to this zone, the building height should
not exceed 13.5 metres.
This building height requirement replaces the maximum building height speci昀椀ed in Standard A4
in Clause 54 and Standard B7 in Clause 55.
A building may exceed the maximum building height speci昀椀ed in a schedule to this zone if:
building height of the pre-existing building.
building does not exceed the building height of the lower of the existing buildings on the
abutting allotments.
the building height of the lower of the existing buildings on the abutting allotments.
of this provision.
An extension to an existing building may exceed the maximum building height speci昀椀ed in a
schedule to this zone if it does not exceed the building height of the existing building.
Page 328 of 1195

The maximum building height requirement in this zone or a schedule to this zone applies whether
or not a planning permit is required for the construction of a building.

32.07-11 Buildings on lots that abut another residential zone

14/12/2023
VC253 Any buildings or works constructed on a lot that abuts land which is in a General Residential Zone,
Neighbourhood Residential Zone, or Township Zone must meet the requirements of Clauses
55.03-5, 55.04-1, 55.04-2, 55.04-3, 55.04-5 and 55.04-6 along that boundary.

14/12/2023
VC253 An application must be accompanied by the following information, as appropriate:
For a residential development of four storeys or less, the neighbourhood and site description
and design response as required in Clause 54 and Clause 55.
For an apartment development of 昀椀ve or more storeys, an urban context report and design
response as required in Clause 58.01.
For an application for subdivision, a site and context description and design response as required
in Clause 56.
– Site shape, size, dimensions and orientation.
– The siting and use of existing and proposed buildings.
– Adjacent buildings and uses.
– The building form and scale.
The likely effects, if any, on adjoining land, including noise levels, traf昀椀c, the hours of delivery
and despatch of good and materials, hours of operation and light spill, solar access and glare.
Any other application requirements speci昀椀ed in a schedule to this zone.
If in the opinion of the responsible authority an application requirement is not relevant to the
evaluation of an application, the responsible authority may waive or reduce the requirement.

14/12/2023
VC253
Subdivision
An application to subdivide land is exempt from the notice requirements of section 52(1)(a), (b)
and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section
82(1) of the Act.

14/12/2023
VC253 Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible
Page 329 of 1195

General
The purpose of this zone.
lots in a Mixed Use Zone or Residential Growth Zone.
Subdivision
Dwellings, small second dwellings and residential buildings

For the construction of one dwelling on a lot, whether the development is an under-utilisation
of the lot.
For the construction and extension of one dwelling on a lot and a small second dwelling, the
applicable objectives, standards and decision guidelines of Clause 54.
For the construction and extension of two or more dwellings on a lot, dwellings on common
property and residential buildings, the objectives, standards and decision guidelines of Clause
55. This does not apply to an apartment development of 昀椀ve or more storeys, excluding a
basement.
For the construction and extension of an apartment development of 昀椀ve or more storeys,
excluding a basement, the objectives, standards and decisions guidelines of Clause 58.
Non-residential use and development

Whether the use or development is compatible with residential use.
Whether the use generally serves local community needs.
The scale and intensity of the use and development.
The design, height, setback and appearance of the proposed buildings and works.
The proposed landscaping.
The provision of car and bicycle parking and associated accessways.
Any proposed loading and refuse collection facilities.
The safety, ef昀椀ciency and amenity effects of traf昀椀c to be generated by the proposal.
32.07-15 Signs
14/12/2023
Page 330 of 1195

21/07/2022
C222whse
SCHEDULE 1 TO CLAUSE 32.07 RESIDENTIAL GROWTH ZONE
Shown on the planning scheme map as RGZ1.
SUBSTANTIAL CHANGE A
1.0 Design objectives

21/07/2022
2.0 Requirements of Clause 54 and Clause 55

21/07/2022
C222whse
Minimum street A3 and B6 Any new wall on a boundary should be setback at least 12 metres
setback from the front boundary or 3 metres further than the average set
back of the buildings on adjoining allotments, whichever is the lesser.
Landscaping B13 Provision of at least one canopy tree that has the potential of reaching
a minimum mature height of 8 metres. The species of canopy trees
should be native, preferably indigenous.
Side and rear A10 and B17 None specified

setbacks
Walls on A11 and B18 Walls should only be constructed on one side boundary.
boundaries
Private open A17 A dwelling should have private open space consisting of an area of
space 80 square metres or 20 per cent of the area of the lot, whichever is
the lesser, but not less than 40 square metres. At least one part of
the private open space should consist of secluded private open space
with a minimum area of 35 square metres and a minimum dimension
of 5 metres and convenient access from a living room. It cannot
include a balcony or roof top terrace.
B28 A dwelling or residential building should have private open space

consisting of and area of 40 square metres, with one part of the
private open space at the side or rear of the dwelling or residential
building within a minimum area of 35 square metres, a minimum
dimension of 5 metres and convenient access from a living room. It
cannot include a balcony or roof top terrace. This does not apply to
apartment developments.
Front fence A20 and B32 Front fence height in streets in a Road Zone Category 1 or 2 should
height not exceed 1.8 metres and should have at least 20% transparency.
A front fence within 3 metres of a street should not exceed 1.2 metres
in ‘other streets’.
3.0 Maximum building height requirement for a dwelling or residential building

21/07/2022

21/07/2022
C222whse The following application requirements apply to an application for a permit under Clause 32.07,
in addition to those speci昀椀ed in Clause 32.07 and elsewhere in the scheme:
Plans showing existing vegetation and any trees proposed to be removed.
Plans showing proposed landscaping works and planting including tree species and mature
height.
Page 331 of 1195


21/07/2022
C222whse The following decision guidelines apply to an application for a permit under Clause 32.07, in
addition to those speci昀椀ed in Clause 32.07 and elsewhere in the scheme which must be considered,
as appropriate, by the responsible authority:
Whether the vegetation in the street setback will contribute to the preferred neighbourhood
character and the public realm.
The potential impact on the amenity of existing adjoining residential dwellings in the Residential
Growth Zone.
The potential impact on future development potential of adjoining residential properties in the
Residential Growth Zone.
How the proposal responds to the requirements of any relevant adopted Structure Plan or Urban
Design Framework.
Development should provide for the retention and/or planting of trees, where these are part of
the character of the neighbourhood.
Page 332 of 1195

21/07/2022
C222whse
SUBSTANTIAL CHANGE B

21/07/2022

21/07/2022
C222whse
Landscaping B13 Provision of at least one canopy tree that has the potential of reaching
a minimum mature height of 8 metres. The species of canopy trees
should be native, preferably indigenous.

setbacks
boundaries

cannot include a balcony or roof top terrace. This does not apply to
apartment developments.

21/07/2022

21/07/2022
in addition to those speci昀椀ed in Clause 32.07 and elsewhere in the scheme:
height.
Page 333 of 1195


21/07/2022
Whether the development provides for an appropriate built form transition to residential
properties in the Neighbourhood Residential Zone and General Residential Zone.
The potential impact on the amenity of existing adjoining residential dwellings in the Residential
Growth Zone.
How the proposal responds to the requirements of any relevant adopted Structure Plan or Urban
Design Framework.
Page 334 of 1195

21/07/2022
C222whse
SUBSTANTIAL CHANGE C

21/07/2022

21/07/2022
C222whse
B28 None specified

21/07/2022

21/07/2022

21/07/2022
Page 335 of 1195

32.08 GENERAL RESIDENTIAL ZONE

31/07/2018
VC148 Shown on the planning scheme map as GRZ, R1Z, R2Z or R3Z with a number (if shown).
Purpose
To encourage development that respects the neighbourhood character of the area.
To encourage a diversity of housing types and housing growth particularly in locations offering
good access to services and transport.
32.08-1 Neighbourhood character objectives

27/03/2017
VC110 A schedule to this zone may contain neighbourhood character objectives to be achieved for the
area.

01/01/2024
VC250
Use Condition
metres.

residence.


breakfast)
Home based business
metres.
Must not require a permit under Clause 52.06-3.
The site must adjoin, or have access to, a road in a Transport

metres.

Page 336 of 1195

Use Condition
Railway

Tramway
Use Condition

dwelling)
Agriculture (other than Animal production, Animal

training, Apiculture, Domestic animal husbandry,
Horse husbandry and Racing dog husbandry)

Section 1 or 2.
Car wash The site must adjoin, or have access to, a road in
Convenience restaurant The site must adjoin, or have access to, a road in
Convenience shop
animal boarding) – if the Section 1 condition is
not met
Food and drink premises (other than Convenience

restaurant and Take away food premises)

Market
Page 337 of 1195

Use Condition
Office (other than Medical centre) The use must be associated with a use or
development to which clause 53.23 (Significant
applies.

Plant nursery
Retail premises (other than Convenience shop, The use must be associated with a use or
Food and drink premises, Market and Plant development to which clause 53.23 (Significant
nursery) residential development with affordable housing)
applies.
Adjoin, or have access to, a road in a

3000 square metres.

Transport Zone 3.

store equipment, goods, or motor vehicles used in
Take away food premises The site must adjoin, or have access to, a road in

Use
Amusement parlour
Animal training
Extractive industry
Horse husbandry
Page 338 of 1195

Use
Motor racing track
Nightclub
Saleyard
Transport terminal
32.08-3 Subdivision
14/12/2023
VC253
Permit requirement
An application to subdivide land that would create a vacant lot less than 400 square metres capable
of development for a dwelling or residential building, must ensure that each vacant lot created less
than 400 square metres contains at least 25 percent as garden area. This does not apply to a lot
created by an application to subdivide land where that lot is created in accordance with:
An approved precinct structure plan or an equivalent strategic plan;
An incorporated plan or approved development plan; or
A permit for development.
and:
3 – 15 lots All except Clauses 56.02-1, 56.03-1 to 56.03-4,
56.05-2, 56.06-1, 56.06-3 and 56.06-6.
2 lots Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to 56.09-2.
2.
Page 339 of 1195


requirements and
decision guidelines
where:



the land:
32.08-4 Construction or extension of a dwelling, small second dwelling or residential

14/12/2023
VC253
building
Minimum garden area requirement

An application to construct or extend a dwelling, small second dwelling or residential building on
a lot must provide a minimum garden area as set out in the following table:
Lot size Minimum percentage of a lot set aside as garden area
400 - 500 sqm 25%
Above 500 - 650 sqm 30%
Above 650 sqm 35%
This does not apply to:

An application to construct or extend a dwelling, small second dwelling or residential building
if speci昀椀ed in a schedule to this zone as exempt from the minimum garden area requirement;
on a lot if:
Page 340 of 1195

– The lot is designated as a medium density housing site in an approved precinct structure
plan or an approved equivalent strategic plan;
– The lot is designated as a medium density housing site in an incorporated plan or approved
development plan; or
An application to alter or extend an existing building that did not comply with the minimum
garden area requirement of Clause 32.08-4 on the approval date of Amendment VC110.

14/12/2023
VC253
Permit requirement
A permit is required to construct or extend a front fence within 3 metres of a street if the fence is
associated with one dwelling on a lot less than 300 square metres and the fence exceeds the
maximum height speci昀椀ed in Clause 54.06-2.
No permit required
2.

requirements and
decision guidelines
A3 Street setback.
A15 Overlooking.
Page 341 of 1195


requirements and
decision guidelines

Construct or extend a front fence within 3 metres of a street if the fence is Clause 59.03
associated with one dwelling on a lot less than 300 square metres.

14/12/2023
VC253
Permit requirement
metres.
2.

requirements and
decision guidelines
54:
A3 Street setback.
A15 Overlooking.

Page 342 of 1195

14/12/2023
VC253
Permit requirement
2.

decision guidelines

Page 343 of 1195


14/12/2023

14/12/2023
VC253
Permit requirements
care facility.

14/12/2023
of Clause 32.08-2.
2.

requirements and
decision
guidelines

Page 344 of 1195

14/12/2023
VC253
building that:
exceeds the maximum building height speci昀椀ed in a schedule to this zone; or
contains more than the maximum number of storeys speci昀椀ed in a schedule to this zone.
If no maximum building height or maximum number of storeys is speci昀椀ed in a schedule to this
zone:
the building height must not exceed 11 metres; and
the building must contain no more than 3 storeys at any point.
A building may exceed the applicable maximum building height or contain more than the applicable
maximum number of storeys if:
building height or contain a greater number of storeys than the pre-existing building.
building does not exceed the building height or contain a greater number of storeys than the
lower of the existing buildings on the abutting allotments.
the building height or contain a greater number of storeys than the lower of the existing buildings
on the abutting allotments.
of this provision.
An extension to an existing building may exceed the applicable maximum building height or
contain more than the applicable maximum number of storeys if it does not exceed the building
height of the existing building or contain a greater number of storeys than the existing building.
A basement is not a storey for the purposes of calculating the number of storeys contained in a
building.
The maximum building height and maximum number of storeys requirements in this zone or a
schedule to this zone apply whether or not a planning permit is required for the construction of a
building.


14/12/2023
For a residential development of four storeys or less, the neighbourhood and site description
and design response as required in Clause 54 and Clause 55.
For an apartment development of 昀椀ve or more storeys, an urban context report and design
response as required in Clause 58.01.
Page 345 of 1195

in Clause 56.
– Adjacent buildings and uses.

14/12/2023
VC253
Subdivision
An application to subdivide land into lots each containing an existing dwelling or car parking space
is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements
of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act.

14/12/2023
General
lots in a General Residential Zone, Mixed Use Zone, Neighbourhood Residential Zone,
Residential Growth Zone or Township Zone.
Subdivision

Page 346 of 1195

55. This does not apply to an apartment development of 昀椀ve or more storeys, excluding a
basement.
For the construction and extension of an apartment development of 昀椀ve or more storeys,
excluding a basement, the objectives, standards and decisions guidelines of Clause 58.

32.08-15 Signs
14/12/2023
32.08-16 Transitional provisions

14/12/2023
VC253 The minimum garden area requirements of Clause 32.08-4 and the maximum building height and
number of storeys requirements of Clause 32.08-9 introduced by Amendment VC110 do not apply
to:
A planning permit application for the construction or extension of a dwelling or residential
building lodged before the approval date of Amendment VC110.
Where a planning permit is not required for the construction or extension of a dwelling or
residential building:
– A building permit issued for the construction or extension of a dwelling or residential building
before the approval date of Amendment VC110.
– A building surveyor has been appointed to issue a building permit for the construction or
extension of a dwelling or residential building before the approval date of Amendment
VC110. A building permit must be issued within 12 months of the approval date of
Amendment VC110.
– A building surveyor is satis昀椀ed, and certi昀椀es in writing, that substantial progress was made
on the design of the construction or extension of a dwelling or residential building before
the approval date of Amendment VC110. A building permit must be issued within 12 months
of the approval date of Amendment VC110.
The minimum garden area requirement of Clause 32.08-3 introduced by Amendment VC110 does
not apply to a planning permit application to subdivide land for a dwelling or a residential building
lodged before the approval date of Amendment VC110.
Page 347 of 1195

21/07/2022
C222whse
SCHEDULE 1 TO CLAUSE 32.08 GENERAL RESIDENTIAL ZONE
Shown on the planning scheme map as GRZ1.
ESTABLISHED GARDEN SUBURBAN AREAS
1.0 Neighbourhood character objectives

21/07/2022
2.0 Construction or extension of a dwelling or residential building - minimum garden

21/07/2022
C222whse
area requirement
Is the construction or extension of a dwelling or residential building exempt from the minimum
garden area requirement?
No
3.0 Permit requirement for the construction or extension of one dwelling or a fence
21/07/2022
C222whse
associated with a dwelling on a lot
Is a permit required to construct or extend one dwelling on a lot of between 300 and 500 square
metres?
No
Is a permit required to construct or extend a front fence within 3 metres of a street associated with
a dwelling on a lot of between 300 and 500 square metres?
No

21/07/2022
C222whse
Site coverage A5 and B8 50%
Permeability A6 and B9 30%
Landscaping B13 Provision of at least two canopy trees per dwelling that have the
potential of reaching a minimum mature height of 8 metres. At least
one of those trees should be in the secluded private open space of
the dwelling.

setbacks
boundaries
the private open space should consist of secluded private open
space with a minimum area of 35 square metres and a minimum
cannot include a balcony or roof top terrace.

consisting of an area of 40 square metres, withone part of the private
open space at the rear or side of the dwelling or residential building
Page 348 of 1195

within a minimum area of 35 square metres, a minimum dimension

Front fence height A20 and B32 Front fence height in streets in a Road Zone Category 1 or 2 should
not exceed 1.8 metres and should have at least 20% transparency.
A front fence within 3 metres of a street should not exceed 1.2 metre

21/07/2022

21/07/2022
in addition to those speci昀椀ed in Clause 32.08 and elsewhere in the scheme and must accompany
an application, as appropriate, to the satisfaction of the responsible authority:
height.

21/07/2022
Whether the proposal provides for an appropriate built form transition to residential properties
in the Neighbourhood Residential Zone.
Whether there is suf昀椀cient permeable space that is not encumbered by an easement to enable
the planting of canopy trees.
Page 349 of 1195

23/12/2020
GC172
BUSH SUBURBAN PRECINCT 2

23/12/2020
GC172 None speci昀椀ed

23/12/2020
GC172
area requirement
No
22/09/2023
VC243
metres?
No
No

04/05/2022
VC210
Minimum street A3 and B6 The front of a garage, carport and/or outbuilding should be set back
setback at least 10 metres from the front boundary or 1 metre further that the
average set back of the buildings on adjoining allotments, whichever
is the lesser.
Site coverage A5 and B8 40 per cent
Permeability A6 and B9 40 per cent
one of those trees should be in the secluded private open space of the
dwelling. The species of canopy trees should be native, preferably
indigenous.
Side and rear A10 and B17 A new building not on or within 200mm of a boundary should be set
setbacks back 2 metres from the side boundary, plus 0.3 metres for every metre
of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre
of height over 6.9 metres.
boundaries
Private open A17 A dwelling should have private open space consisting of an area of 80
space square metres or 20 per cent of the area of the lot, whichever is the
lesser, but not less than 40 square metres. At least one part of the
private open space should consist of secluded private open space with
a minimum area of 35 square metres and a minimum dimension of 5
metres and convenient access from a living room. It cannot include a
balcony or roof top terrace.
Page 350 of 1195


consisting of and area of 40 square metres, with one part of the private
open space at the side or rear of the dwelling or residential building
within a minimum area of 35 square metres, a minimum dimension of
5 metres and convenient access from a living room. It cannot include
a balcony or roof top terrace.
Front fence A20 and B32 Front fence height in roads in a Transport Zone 2 or Transport Zone
height 3 should not exceed 1.8 metres and should have at least 50 percent
transparency.

23/12/2020

23/12/2020
GC172 The following application requirements apply to an application for a permit under Clause 32.08,
height.

23/12/2020
GC172 The following decision guidelines apply to an application for a permit under Clause 32.08, in
properties in the Neighbourhood Residential Zone.
The potential for trees and vegetation to be provided between dwellings on the same site.
Page 351 of 1195

21/07/2022
C222whse
CLASSIC GARDEN SUBURBAN AREAS

21/07/2022

21/07/2022
C222whse
area requirement
No
21/07/2022
C222whse
metres?
No
No

21/07/2022
C222whse
setback from the front boundary or 1 metre further than the average set back
of the buildings on adjoining allotments, whichever is the lesser.
the dwelling.
Side and rear A10 and B17 None specified.

setbacks
Walls on A11 and B18 Walls should only be constructed on one side boundary, and only
boundaries for a garage and/or carport.

Page 352 of 1195


cannot include a balcony or roof top terrace.

21/07/2022

21/07/2022
height.

21/07/2022
Page 353 of 1195

21/07/2022
C222whse
GARDEN SUBURBAN PRECINCT 8

21/07/2022

21/07/2022
C222whse
area requirement
No
21/07/2022
C222whse
metres?
No
No

21/07/2022
C222whse
setback from the front boundary or 3 metres further than the average set back
of the buildings on adjoining allotments, whichever is the lesser.
the dwelling.
Side and rear A10 and B17 A new building not on or within 200mm of a boundary should be set
setbacks back 3 metres from the side boundary, plus 0.3 metres for every metre
of height over 3.6 metres up to 6.9 metres, plus 1 metre for every
metre of height over 6.9 metres.
boundaries
of 5 metres and convenient access from a living room. It cannot include
Page 354 of 1195


consisting of and area of 40 square metres, with one part of the private
open space at the side or rear of the dwelling or residential building
within a minimum area of 35 square metres, a minimum dimension of
5 metres and convenient access from a living room. It cannot include

21/07/2022

21/07/2022
height.

21/07/2022
Page 355 of 1195

21/07/2022
C222whse
GENERAL RESIDENTIAL

21/07/2022

21/07/2022
C222whse
area requirement
No
21/07/2022
C222whse
metres?
No
No

21/07/2022
C222whse
B28 None specified

21/07/2022

21/07/2022
Page 356 of 1195


21/07/2022
Page 357 of 1195

32.09 NEIGHBOURHOOD RESIDENTIAL ZONE

31/07/2018
VC148 Shown on the planning scheme map as NRZ with a number (if shown).
Purpose
To recognise areas of predominantly single and double storey residential development.
To manage and ensure that development respects the identi昀椀ed neighbourhood character, heritage,
environmental or landscape characteristics.

27/03/2017
VC110 A schedule to this zone must contain the neighbourhood, heritage, environment or landscape
character objectives to be achieved for the area.

15/01/2024
VC249
Use Condition
metres.

residence.


breakfast)
Home based business
metres.
Must be located in an existing building.

metres.
Page 358 of 1195

Use Condition

Railway
Must not be connected to a reticulated natural gas supply.
Tramway
Any use listed in clause 62.01 Must meet the requirements of Clause 62.01.
Use Condition

dwelling)

Animal training, Apiculture, Domestic animal
husbandry, Horse husbandry and Racing dog
husbandry)

Section 1 or 2.
Car wash The site must adjoin, or have access to, a road in a
Convenience shop The leasable floor area must not exceed 80 square
metres.
animal boarding) – if the Section 1 condition is
not met

premises)
Page 359 of 1195

Use Condition

Market
Office (other than Medical centre) The use must be associated with a use or
development to which clause 53.23 (Significant
applies.

Plant nursery
Retail premises (other than Convenience shop, The use must be associated with a use or
Food and drink premises, Market and Plant development to which clause 53.23 (Significant
nursery) residential development with affordable housing)
applies.
Adjoin, or have access to, a road in a Transport

3000 square metres.

Transport Zone 3.

store equipment, goods, or motor vehicles used in

Use
Amusement parlour
Animal training
Page 360 of 1195

Use
Extractive industry
Horse husbandry
Motor racing track
Nightclub
Saleyard
Small second dwelling - if the Section 1 condition is not met
Transport terminal
32.09-3 Subdivision
14/12/2023
VC253
Permit requirement
An application to subdivide land that would create a vacant lot less than 400 square metres capable
of development for a dwelling or residential building, must ensure that each vacant lot created less
than 400 square metres contains at least 25 percent as garden area. This does not apply to a lot
created by an application to subdivide land where that lot is created in accordance with:
An approved precinct structure plan or an equivalent strategic plan;
An incorporated plan or approved development plan; or
A permit for development.
A schedule to this zone may specify a minimum lot size to subdivide land. Each lot must be at
least the area speci昀椀ed for the land, except where an application to subdivide land is made to create
lots each containing an existing dwelling or car parking space, where an application for the existing
dwelling or car parking space was made or approved before the approval date of the planning
scheme amendment that introduced this clause 32.09 into the planning scheme.
and:
and 56.06-6.
2 lots Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to 56.09-2.
Page 361 of 1195

2.

requirements and
decision guidelines
where:



the land:
32.09-4 Construction or extension of a dwelling, small second dwelling or residential

14/12/2023
VC253
building
Minimum garden area requirement

An application to construct or extend a dwelling, small second dwelling or residential building on
a lot must provide a minimum garden area as set out in the following table:
Lot size Minimum percentage of a lot set aside as garden area
400 - 500 sqm 25%
Above 500 - 650 sqm 30%
Above 650 sqm 35%

on a lot if:
Page 362 of 1195

– The lot is designated as a medium density housing site in an approved precinct structure
plan or an approved equivalent strategic plan;
– The lot is designated as a medium density housing site in an incorporated plan or approved
development plan; or
An application to alter or extend an existing building that did not comply with the minimum
garden area requirement of Clause 32.09-4 on the approval date of Amendment VC110.

14/12/2023
VC253
Permit requirement
A permit is required to construct or extend a front fence within 3 metres of a street if the fence is
associated with one dwelling on a lot less than 300 square metres and the fence exceeds the
maximum height speci昀椀ed in Clause 54.06-2.
No permit required
2.

requirements and
decision guidelines
A3 Street setback.
A15 Overlooking.
Page 363 of 1195


requirements and
decision guidelines

Construct or extend a front fence within 3 metres of a street if the fence is Clause 59.03
associated with one dwelling on a lot less than 300 square metres.

14/12/2023
VC253
Permit requirement
metres.
2.

requirements and
decision guidelines
Construct or extend a small second dwelling on a lot less than 300 square metres
if the development meets the requirements in the following standards of Clause 54:
A3 Street setback.
A15 Overlooking.

Page 364 of 1195

14/12/2023
VC253
Permit requirement
2.

decision guidelines


14/12/2023
Page 365 of 1195


15/03/2024
VC256
Permit requirements
care facility.

14/12/2023
of Clause 32.09-2.
2.

requirements and
decision
guidelines

14/12/2023
VC253
building that:
exceeds the maximum building height speci昀椀ed in a schedule to this zone; or
contains more than the maximum number of storeys speci昀椀ed in a schedule to this zone.
Page 366 of 1195

If no maximum building height or maximum number of storeys is speci昀椀ed in a schedule to this

zone:
the building height must not exceed 9 metres; and
the building must contain no more than 2 storeys at any point.
A building may exceed the applicable maximum building height or contain more than the applicable
maximum number of storeys if:
building height or contain a greater number of storeys than the pre-existing building.
building does not exceed the building height or contain a greater number of storeys than the
lower of the existing buildings on the abutting allotments.
the building height or contain a greater number of storeys than the lower of the existing buildings
on the abutting allotments.
of this provision.
An extension to an existing building may exceed the applicable maximum building height or
contain more than the applicable maximum number of storeys if it does not exceed the building
height of the existing building or contain a greater number of storeys than the existing building.
A basement is not a storey for the purposes of calculating the number of storeys contained in a
building.
The maximum building height and maximum number of storeys requirements in this zone or a
schedule to this zone apply whether or not a planning permit is required for the construction of a
building.


14/12/2023
For a residential development, the neighbourhood and site description and design response as
required in Clause 54 and Clause 55.
in Clause 56.
– Adjacent buildings and uses, including siting and dimensioned setbacks.
Page 367 of 1195



14/12/2023
VC253
Subdivision
An application to subdivide land into lots each containing an existing dwelling or car parking space

14/12/2023
General
The objectives set out in the schedule to this zone.
Subdivision

55.

In the local neighbourhood context:
Page 368 of 1195


32.09-15 Signs
14/12/2023

14/12/2023
VC253 The minimum garden area requirements of Clause 32.09-4 and the maximum building height and
number of storeys requirements of Clause 32.09-9 introduced by Amendment VC110 do not apply
to:
A planning permit application for the construction or extension of a dwelling or residential
building lodged before the approval date of Amendment VC110.
Where a planning permit is not required for the construction or extension of a dwelling or
residential building:
– A building permit issued for the construction or extension of a dwelling or residential building
– A building surveyor has been appointed to issue a building permit for the construction or
extension of a dwelling or residential building before the approval date of Amendment
VC110. A building permit must be issued within 12 months of the approval date of
Amendment VC110.
on the design of the construction or extension of a dwelling or residential building before
the approval date of Amendment VC110. A building permit must be issued within 12 months
of the approval date of Amendment VC110.
The minimum garden area requirement of Clause 32.09-3 introduced by Amendment VC110 does
not apply to a planning permit application to subdivide land for a dwelling or a residential building
lodged before the approval date of Amendment VC110.
Page 369 of 1195

21/07/2022
C222whse
SCHEDULE 1 TO CLAUSE 32.09 NEIGHBOURHOOD RESIDENTIAL ZONE
Shown on the planning scheme map as NRZ1.
BUSH ENVIRONMENT AREAS

21/07/2022
2.0 Minimum subdivision area

21/07/2022
22/09/2023
VC243
Requirement
Permit requirement for the construction or None specified

extension of one dwelling on a lot
Permit requirement to construct or extend a front None specified

fence within 3 metres of a street associated with
a dwelling on a lot

21/07/2022
C222whse
Site coverage A5 and B8 Maximum 40%
Permeability A6 and B9 Minimum 40%
Landscaping B13 Provision of at least two canopy trees per dwelling

that have the potential of reaching a minimum mature
height of 12 metres. At least one of those trees
should be in the secluded private open space of the
dwelling. The species of canopy trees should be
native, preferably indigenous.
Side and rear setbacks A10 and B17 A new building not within 200mm of a boundary
should be set back from side and rear boundaries
1.2 metres, plus 0.3 metres for every height over 3.6
metres up to 6.9 metres, plus 1 metre for every metre
over 6.9 metres.
Walls on boundaries A11 and B18 No walls to be constructed on boundaries.
Private open space A17 A dwelling should have private open space consisting
of an area of 80 square metres or 20 per cent of the
area of the lot, whichever is the lesser, but not less
than 40 square metres. At least one part of the
private open space should consist of secluded private
open space with a minimum area of 35 square
metres and a minimum dimension of 5 metres and
convenient access from a living room. It cannot
B28 A dwelling or residential building should have private

open space consisting of and area of 40 square
metres, with one part of the private open space at
the side or rear of the dwelling or residential building
within a minimum area of 35 square metres, a
Page 370 of 1195

minimum dimension of 5 metres and convenient

access from a living room. It cannot include a balcony
or roof top terrace.
Front fence height A20 and B32 A front fence within 3 metres of a street should not
exceed 1 metre in ‘other streets’.
None specified for streets in Road Zone Categories
1 and 2.

21/07/2022

21/07/2022
Plans showing proposed landscaping works and planting including tree species with a mature
height of at least 12 metres.

21/07/2022
Page 371 of 1195

21/07/2022
C222whse
FORMAL BUSH SUBURBAN AREAS

21/07/2022

21/07/2022
22/09/2023
VC243
Requirement


a dwelling on a lot

21/07/2022
C222whse

Side and rear setbacks A10 and B17 A new building not on or within 200mm of a boundary
should be setback from side boundaries 1 metre and
5 metres from the rear boundary, plus 0.3 metres for
every height over 3.6 metres up to 6.9 metres, plus
1 metre for every metre over 6.9 metres.

Page 372 of 1195


Front fence height in streets in a Road Zone
Category 1 or 2 should not exceed 1.8 metres.

21/07/2022

21/07/2022
height.

21/07/2022
Page 373 of 1195

21/07/2022
C222whse
TRADITIONAL BUSH SUBURBAN AREAS

21/07/2022

21/07/2022
22/09/2023
VC243
Requirement


a dwelling on a lot

21/07/2022
C222whse

should be set back 1 metre from the side boundary,
3 metres on the other side boundary and 5 metres
from the rear boundary, plus 0.3 metres for every
metre of height over 3.6 metres up to 6.9 metres,
plus 1 metre for every metre of height over 6.9
metres.

Page 374 of 1195



21/07/2022

21/07/2022
height.

21/07/2022
Page 375 of 1195

21/07/2022
C222whse
INFORMAL BUSH SUBURBAN AREAS

21/07/2022

21/07/2022
22/09/2023
VC243
Requirement


a dwelling on a lot

21/07/2022
C222whse
Minimum street setback A3 and B6 The front of a garage, carport and/or outbuilding
should be set back at least 10 metres from the front
boundary or 1 metre further that the average set back
of the buildings on adjoining allotments, whichever
is the lesser.

should be set back 2 metres from the side boundary,
plus 0.6 metres for every metre over 3.6 metres up
to 6.9 metres, plus 1 metre for every metre of height
over 6.9 metres.
Walls on boundaries A11 and B18 Walls should only be constructed on one side
boundary.
Page 376 of 1195



21/07/2022

21/07/2022
height.

21/07/2022
Page 377 of 1195

21/07/2022
C222whse
TRADITIONAL GARDEN SUBURBAN AREAS

21/07/2022

21/07/2022
21/07/2022
C222whse
Requirement


a dwelling on a lot

21/07/2022
C222whse
Minimum street setback A3 and B6 Any new wall on a boundary should be setback at
least 10 metres from the front boundary or 1 metre
further than the average set back of the buildings on
adjoining allotments, whichever is the lesser.

height of 8 metres. At least one of those trees should
be in the secluded private open space of the
dwelling.
Walls on boundaries A11 and B18 Any new garage wall constructed on or within 200mm
of a side or rear boundary of a lot or a carport
constructed within 1 metre of a side or rear boundary
of a lot should not abut the boundary for a length of
more than 7 metres (garage wall).

Page 378 of 1195


exceed 1.2 metre in ‘other streets’.

21/07/2022

21/07/2022
height.

21/07/2022
Page 379 of 1195

21/07/2022
C222whse

21/07/2022

21/07/2022
21/07/2022
C222whse
Requirement


a dwelling on a lot

21/07/2022
C222whse
B28 None specified

21/07/2022

21/07/2022

21/07/2022
Page 380 of 1195

23/12/2020
GC172
35 HAY STREET, BOX HILL SOUTH

23/12/2020

23/12/2020
23/12/2020
GC172
Requirement
Permit requirement for the construction or extension of one None specified

dwelling on a lot
Permit requirement to construct or extend a front fence within 3 None specified

metres of a street associated with a dwelling on a lot

23/12/2020
GC172
B28 None specified

23/12/2020

23/12/2020

23/12/2020
Page 381 of 1195

33 INDUSTRIAL ZONES
19/01/2006
VC37
Page 382 of 1195

33.01 INDUSTRIAL 1 ZONE

31/07/2018
VC148 Shown on the planning scheme map as IN1Z.
Purpose
To provide for manufacturing industry, the storage and distribution of goods and associated uses
in a manner which does not affect the safety and amenity of local communities.

01/12/2023
VC217
Use Condition
Automated Must meet the requirements of Clause 52.13-3 and 52.13-5.

collection point
The gross floor area of all buildings must not exceed 50 square metres.
Convenience shop
Crop raising
Grazing animal
production
Home based
business
Industry (other than Must not be a purpose listed in the table to Clause 53.10 with no threshold distance
Materials recycling specified.
and Transfer station)
The land must be at least the following distances from land (not a road) which is
in an Activity Centre Zone, Capital City Zone, Commercial 1 Zone, Docklands
Zone, residential zone or Rural Living Zone, land used for a hospital, an education
centre or a corrective institution or land in a Public Acquisition Overlay to be
acquired for a hospital, an education centre or a corrective institution:
The threshold distance, for a purpose listed in the table to Clause 53.10.
30 metres, for a purpose not listed in the table to Clause 53.10.

Must not:
Exceed a fire protection quantity under the Dangerous Goods (Storage and
Handling) Regulations 2012.
Require a notification under the Occupational Health and Safety Regulations

2017.
Require a licence under the Dangerous Goods (Explosives) Regulations 2011.
Require a licence under the Dangerous Goods (HCDG) Regulations 2016.

Must not adversely affect the amenity of the neighbourhood, including through the:
Transport of materials, goods or commodities to or from the land.
Appearance of any stored goods or materials.
Emission of noise, artificial light, vibration, odour, fumes, smoke, vapour, steam,
soot, ash, dust, waste water, waste products, grit or oil.
Informal outdoor
recreation
Page 383 of 1195

Use Condition
Mail centre
Railway
Service station The land must be at least 30 metres from land (not a road) which is in an Activity
Centre Zone, Capital City Zone, Commercial 1 Zone, Docklands Zone, residential
zone or Rural Living Zone, land used for a hospital, an education centre or a
corrective institution or land in a Public Acquisition Overlay to be acquired for a
hospital, an education centre or a corrective institution.

Shipping container Must not be a purpose listed in the table to Clause 53.10 with no threshold distance
storage specified.
Must not:

2017.

The site must adjoin, or have access to, a road in a Transport Zone 2 or a Transport
Zone 3.
Shipping containers must be setback at least 9 metres from a road in a Transport

The height of shipping container stacks must not exceed 6 containers or 16 metres,
whichever is the lesser.
Take away food

premises
Tramway
Page 384 of 1195

Use Condition
Warehouse (other Must not be a purpose listed in the table to Clause 53.10 with no threshold distance
than Mail centre and specified.
Shipping container
storage)

Must not:

2017.
Require a licence under Dangerous Goods (HCDG) Regulations 2016.

Any use listed in Must meet the requirements of Clause 62.01.

Clause 62.01
Use Condition
Adult sex product shop Must be at least 200 metres (measured by the shortest route
reasonably accessible on foot) from a residential zone or land
used for a hospital, primary school or secondary school or
land in a Public Acquisition Overlay to be acquired for a
hospital, primary school or secondary school.
Agriculture (other than Apiculture, Crop

raising, Grazing animal production,
Intensive animal production, Pig farm
and Poultry farm)
Caretaker's house
Education centre Must not be a primary or secondary school.
Leisure and recreation (other than

Informal outdoor recreation)
Page 385 of 1195

Use Condition
Materials recycling The land must be at least 30 metres from land (not a road)
which is in an Activity Centre Zone, Capital City Zone,
Commercial 1 Zone, Docklands Zone, residential zone or Rural
Living Zone or land used for a hospital, an education centre
or a corrective institution or land in a Public Acquisition Overlay
to be acquired for a hospital, an education centre or a
corrective institution.
Office The leasable floor area must not exceed the amount specified
in the schedule to this zone.
Place of assembly (other than Carnival,

Cinema based entertainment facility and
Circus)
Restricted retail premises
Retail premises (other than Shop and

Take away food premises)
Sex services premises
Transfer station (other than Automated The land must be at least 30 metres from land (not a road)
collection point and Container deposit which is in an Activity Centre Zone, Capital City Zone,
scheme centre) Commercial 1 Zone, Docklands Zone, residential zone or Rural
Living Zone or land used for a hospital, an education centre
a corrective institution or land in a Public Acquisition Overlay
to be acquired for a hospital, an education centre or a
Utility installation (other than Minor Any gas holder, or sewerage or refuse treatment or disposal
utility installation and works, must be at least 30 metres from land (not a road) which
Telecommunications facility). is in an Activity Centre Zone, Capital City Zone, Commercial
1 Zone, Docklands Zone, residential zone or Rural Living Zone,
land used for a hospital, an education centre or a corrective
institution or land in a Public Acquisition Overlay to be acquired
for a hospital, an education centre or a corrective institution.
Use
Accommodation (other than Caretaker's house)
Hospital
Intensive animal production
Pig farm
Poultry farm
Shop (other than Adult sex product shop, Convenience shop, Restricted retail premises and Sex
services premises)
Page 386 of 1195

33.01-2 Use of land

01/07/2021
VC203
Application requirements
An application to use land for an industry or warehouse must be accompanied by the following
information, as appropriate:
The purpose of the use and the types of processes to be utilised.
The type and quantity of goods to be stored, processed or produced.
The likely effects, if any, on the neighbourhood, including:
– Noise levels.
– Air-borne emissions.
– Emissions to land or water.
– Traf昀椀c, including the hours of delivery and despatch.
– Light spill or glare.
Decision guidelines
The effect that the use may have on nearby existing or proposed residential areas or other uses
which are sensitive to industrial off-site effects, having regard to any comments or directions
of the referral authorities.
The effect that nearby industries may have on the proposed use.
The drainage of the land.
The availability of and connection to services.
The effect of traf昀椀c to be generated on roads.
33.01-3 Subdivision
31/07/2018
VC148
Permit requirement
2.
Page 387 of 1195


requirements and
decision guidelines
where:



the land:
Exemption from notice and review

An application is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision
requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act. This
exemption does not apply to land within 30 metres of land (not a road) which is in a residential
zone or land used for a hospital or an education centre or land in a Public Acquisition Overlay to
be acquired for a hospital or an education centre.
Decision guidelines
Any natural or cultural values on or near the land.
Streetscape character.
Landscape treatment.
Interface with non-industrial areas.

15/03/2024
VC256
Permit requirement
A permit is required to construct a building or construct or carry out works.
A building or works which rearrange, alter or renew plant if the area or height of the plant is
not increased.
Page 388 of 1195

A building or works which are used for crop raising or informal outdoor recreation.
A rainwater tank with a capacity of more than 10,000 litres if the following requirements are
met:
– The rainwater tank is not located within the building’s setback from a street (other than a
lane).
– The rainwater tank is no higher than the existing building on the site.
– The rainwater tank is not located in an area that is provided for car parking, loading,
unloading or accessway.
A building or works which are used for grazing animal production, except for permanent or
昀椀xed feeding infrastructure for seasonal or supplementary feeding constructed within 100
metres of:
– A waterway, wetland or designated 昀氀ood plain.
– A dwelling not in the same ownership.
– A residential or urban growth zone.
2.

decision guidelines
Construct a building or construct or carry out works with an estimated Clause 59.04
cost of up to $1,000,000 where the land is not:
Within 30 metres of land (not a road) which is in a residential zone.
Used for a purpose listed in the table to Clause 53.10.
Used for an Adult sex product shop.
A plan drawn to scale which shows:
– The boundaries and dimensions of the site.
– Adjoining roads.
– Relevant ground levels.
– The layout of existing and proposed buildings and works.
– Driveways and vehicle parking and loading areas.
– Proposed landscape areas.
– External storage and waste treatment areas.
Elevation drawings to scale which show the colour and materials of all buildings and works.
Page 389 of 1195

Construction details of all drainage works, driveways and vehicle parking and loading areas.
A landscape layout which includes the description of vegetation to be planted, the surfaces to
be constructed, a site works speci昀椀cation and the method of preparing, draining, watering and
maintaining the landscape area.

exemption does not apply to an application for a building or works within 30 metres of land (not
a road) which is in a residential zone or land used for a hospital or an education centre or land in
a Public Acquisition Overlay to be acquired for a hospital or an education centre.
Decision guidelines
Built form.
Parking and site access.
Loading and service areas.
Outdoor storage.
Lighting.
Stormwater discharge.
Maintenance
All buildings and works must be maintained in good order and appearance to the satisfaction of
the responsible authority.
33.01-5 Signs
31/07/2018
Page 390 of 1195

21/07/2022
C222whse
SCHEDULE TO CLAUSE 33.01 INDUSTRIAL 1 ZONE
1.0 Maximum leasable floor area requirements

21/07/2022
C222whse
Land Maximum leasable floor area for Office (square metres)
None specified None specified
Page 391 of 1195

33.03 INDUSTRIAL 3 ZONE

31/07/2018
VC148 Shown on the planning scheme map as IN3Z.
Purpose
To provide for industries and associated uses in speci昀椀c areas where special consideration of the
nature and impacts of industrial uses is required or to avoid inter-industry con昀氀ict.
To provide a buffer between the Industrial 1 Zone or Industrial 2 Zone and local communities,
which allows for industries and associated uses compatible with the nearby community.
To allow limited retail opportunities including convenience shops, small scale supermarkets and
associated shops in appropriate locations.
To ensure that uses do not affect the safety and amenity of adjacent, more sensitive land uses.

01/12/2023
VC217
Use Condition
Automated collection Must meet the requirements of Clause 52.13-3 and 52.13-5.
point
Convenience shop
Crop raising
Grazing animal
production
Home based business
Informal outdoor
recreation
Mail centre
Railway
Service industry Must not be a purpose listed in the table to Clause 53.10 with no threshold
distance specified.
The land must be at least the following distances from land (not a road) which
is in an Activity Centre Zone, Capital City Zone, Commercial 1 Zone,
Docklands Zone, residential zone or Rural Living Zone, land used for a
hospital, an education centre or a corrective institution or land in a Public
Acquisition Overlay to be acquired for a hospital, an education centre or a
corrective institution:

Must not:
Exceed a fire protection quantity under the Dangerous Goods (Storage

and Handling) Regulations 2012.
Require a notification under the Occupational Health and Safety

Regulations 2017.
Page 392 of 1195

Use Condition
Require a licence under the Dangerous Goods (Explosives) Regulations

2011.
Require a licence under Dangerous Goods (HCDG) Regulations 2016.
Service station The land must be at least 30 metres from land (not a road) which is in an
Activity Centre Zone, Capital City Zone, Commercial 1 Zone, Docklands Zone,
residential zone or Rural Living Zone, land used for a hospital, an education
acquired for a hospital, an education centre or a corrective institution.
Shop (other than Adult Must adjoin, or be on the same lot as, a supermarket when the use
sex product shop, commences.
Convenience shop,
The combined leasable floor area for all shops adjoining or on the same lot
as the supermarket must not exceed 500 square metres.
and Supermarket)
The site must adjoin, or be within 30 metres of, a road in a Transport Zone 2
or a Transport Zone 3.
Supermarket The leasable floor area must not exceed 1800 square metres.
The site must adjoin, or be within 30 metres of, a road in a Transport Zone 2
or a Transport Zone 3.
Must be on land within an urban growth boundary and in metropolitan

Melbourne.
Take away food premises
Tramway
Warehouse (other than Must not be a purpose listed in the table to Clause 53.10 with no threshold
Fuel depot, Mail centre or distance specified.
Shipping container
The land must be at least the following distances from land (not a road) which
storage)
is in an Activity Centre Zone, Capital City Zone, Commercial 1 Zone,
Acquisition Overlay to be acquired for a hospital, an education centre or a

Must not:


Regulations 2017.

2011.

Must not adversely affect the amenity of the neighbourhood, including through
the:
Page 393 of 1195

Use Condition
Emission of noise, artificial light, vibration, odour, fumes, smoke, vapour,

steam, soot, ash, dust, waste water, waste products, grit or oil
Any use listed in Clause Must meet the requirements of Clause 62.01.
62.01
Use Condition
Adult sex product shop Must be at least 200 metres (measured by

the shortest route reasonably accessible on
foot) from a residential zone or land used
for a hospital, primary school or secondary
school or land in a Public Acquisition
Overlay to be acquired for a hospital,
primary school or secondary school.
Agriculture (other than Apiculture, Crop raising, Grazing

animal production, Intensive animal production, Pig farm
and Poultry farm)
Caretaker's house
Education centre Must not be a primary or secondary school.
Industry (other than Automated collection point and

Service industry)
Leisure and recreation (other than Informal outdoor

recreation, Major sports and recreation facility, and Motor
racing track)
Office The leasable floor area must not exceed

the amount specified in the schedule to this
zone.
Place of assembly (other than Carnival, Cinema based

entertainment facility and Circus)
Retail premises (other than Shop and Take away food

premises)
Sex services premises - if the Section 1 conditions for a

shop are not met
Utility installation (other than Minor utility installation

and Telecommunications facility)
Page 394 of 1195

Use
Accommodation (other than Caretaker's house)
Hospital
Intensive animal production
Major sports and recreation facility
Motor racing track
Pig farm
Poultry farm
Shop (other than Adult sex product shop, Convenience shop, Restricted retail premises, Sex services
premises and Supermarket) – if the Section 1 conditions are not met
Supermarket – if the section 1 conditions are not met
33.03-2 Use of land

01/07/2021
VC203
Amenity of the neighbourhood
A use must not adversely affect the amenity of the neighbourhood, including through the:
Emission of noise, arti昀椀cial light, vibration, odour, fumes, smoke, vapour, steam, soot, ash,
dust, waste water, waste products, grit or oil.
An application to use land for an industry or warehouse must be accompanied by the following
information, as appropriate:
The purpose of the use and the types of processes to be utilised.
The type and quantity of goods to be stored, processed or produced.
The likely effects, if any, on the neighbourhood, including:
– Noise levels.
– Air-borne emissions.
– Emissions to land or water.
– Traf昀椀c, including the hours of delivery and despatch.
– Light spill or glare.
Page 395 of 1195

Decision guidelines
The effect that the use may have on nearby existing or proposed residential areas or other uses
which are sensitive to industrial off-site effects, having regard to any comments or directions
of the referral authorities.
The effect that nearby industries may have on the proposed use.
The effect on nearby industries.
33.03-3 Subdivision
31/07/2018
VC148
Permit requirement
2.

requirements and
decision guidelines
where:



the land:
Page 396 of 1195


requirements and
decision guidelines

exemption does not apply to land within 30 metres from land (not a road) which is in a residential
zone or land used for a hospital or an education centre or land in a Public Acquisition Overlay to
be acquired for a hospital or an education centre.
Decision guidelines

01/12/2023
VC217
Permit requirement
A permit is required to construct a building or construct or carry out works.
A building or works which rearrange, alter or renew plant if the area or height of the plant is
not increased.
A building or works which are used for crop raising or informal outdoor recreation.
A rainwater tank with a capacity of more than 10,000 litres if the following requirements are
met:
– The rainwater tank is not located within the building’s setback from a street (other than a
lane).
– The rainwater tank is no higher than the existing building on the site.
– The rainwater tank is not located in an area that is provided for car parking, loading,
unloading or accessway.
A building or works which are used for grazing animal production, except for permanent or
昀椀xed feeding infrastructure for seasonal or supplementary feeding constructed within 100
metres of:
– A waterway, wetland or designated 昀氀ood plain.
– A dwelling not in the same ownership.
– A residential or urban growth zone.
Page 397 of 1195

2.

decision guidelines
cost of up to $1,000,000 where the land is not:
– Driveways and vehicle parking and loading areas.
– External storage and waste treatment areas.
– Mechanisms to mitigate noise, odour and other adverse amenity impacts of, and on, nearby
industries.
Elevation drawings to scale which show the colour and materials of all buildings and works.
Construction details of all drainage works, driveways and vehicle parking and loading areas.
be constructed, a site works speci昀椀cation and the method of preparing, draining, watering and
Decision guidelines
Built form.
Parking and site access.
Page 398 of 1195


Outdoor storage.
Lighting.
Stormwater discharge.
The effect on nearby industries.
The effect of nearby industries.
Maintenance
33.03-5 Signs
31/07/2018
Page 399 of 1195

21/07/2022
C222whse
SCHEDULE TO CLAUSE 33.03 INDUSTRIAL 3 ZONE

21/07/2022
C222whse
Land Maximum leasable floor area for Office (square metres)
Page 400 of 1195

34 COMMERCIAL ZONES
15/07/2013
VC100
Page 401 of 1195

34.01 COMMERCIAL 1 ZONE

31/07/2018
VC148 Shown on the planning scheme map as B1Z, B2Z, B5Z or C1Z.
Purpose
To create vibrant mixed use commercial centres for retail, of昀椀ce, business, entertainment and
community uses.
To provide for residential uses at densities complementary to the role and scale of the commercial
centre.
Operation
A schedule may apply under this zone to a planning scheme outside of metropolitan Melbourne.
That schedule may:
specify the maximum leasable 昀氀oor area for of昀椀ce
specify the maximum leasable 昀氀oor area for shop (other than restricted retail premises).

14/12/2023
VC253
Use Condition
Accommodation (other than Community Any frontage at ground floor level must not exceed 2 metres
care accommodation, Corrective (other than a bed and breakfast and caretaker's house).
institution, Rooming house and Small
second dwelling)
Art and craft centre
Automated collection point Must meet the requirements of Clause 52.13-3 and
52.13-5.
The gross floor area of all buildings must not exceed 50

square metres.
Child care centre Any frontage at ground floor level must not exceed 2 metres
and access must not be shared with a dwelling (other than
a caretaker's house).
Cinema
Community care accommodation Any frontage at ground floor level must not exceed 2
metres.
Education centre (other than Child care

centre)
Exhibition centre
Home based business
Page 402 of 1195

Use Condition
Office The leasable floor area for all offices must not exceed any
amount specified in the schedule to this zone.
Place of worship The gross floor area of all buildings must not exceed 250
square metres.
Railway
Retail premises (other than Shop)
Rooming house Any frontage at ground floor level must not exceed 2
metres.
Shop (other than Adult sex product shop) The leasable floor area for all shops must not exceed any
amount specified in the schedule to this zone.
Tramway
Use Condition
Adult sex product shop Must be at least 200 metres (measured by the
shortest route reasonably accessible on foot)
from a residential zone or, land used for a
hospital, primary school or secondary school
or land in a Public Acquisition Overlay to be
acquired for a hospital, primary school or
secondary school.
Agriculture (other than Animal production and

Apiculture)
Industry (other than Automated collection point and Must not be a purpose listed in the table to
Container deposit scheme centre) Clause 53.10.
Leisure and recreation facility (other than Informal

outdoor recreation, Major sports and recreation facility
and Motor racing track)
Place of assembly (other than Carnival, Cinema,

Cinema based entertainment facility, Circus,
Exhibition centre and Place of worship)
Utility installation (other than Minor utility installation Must not be a purpose listed in the table to
and Telecommunications facility) Clause 53.10.
Warehouse Must not be a purpose listed in the table to

Clause 53.10.
Page 403 of 1195

Use Condition
Use
Corrective institution
Motor racing track
Small second dwelling
34.01-2 Use of land

15/07/2013
VC100 A use must not detrimentally affect the amenity of the neighbourhood, including through the:
Appearance of any building, works or materials.
Emission of noise, arti昀椀cial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash,
34.01-3 Subdivision
31/07/2018
VC148 A permit is required to subdivide land.
2.

requirements and
decision guidelines
where:



the land:
Page 404 of 1195


requirements and
decision guidelines

01/12/2023
VC217 A permit is required to construct a building or construct or carry out works.
The installation of an automatic teller machine.
An alteration to an existing building façade provided:
– The alteration does not include the installation of an external roller shutter.
– At least 80 per cent of the building facade at ground 昀氀oor level is maintained as an entry or
window with clear glazing.
An awning that projects over a road if it is authorised by the relevant public land manager.
An apartment development must meet the requirements of Clause 58.
2.

decision guidelines
cost of up to $500,000 where the land is not:
Maintenance
Page 405 of 1195

34.01-5 Neighbourhood and site description and design response

16/01/2018
VC142 An application for any of the following must be accompanied by a neighbourhood and site
description and a design response as described in Clause 54.01 or 55.01, as appropriate:
Construction or extension of one dwelling on a lot of less than 300 square metres.
Construction of a dwelling if there is at least one dwelling existing on the lot.
Construction of two or more dwellings on a lot.
Extension of a dwelling if there are two or more dwellings on the lot.
Construction or extension of a dwelling on common property.
Construction or extension of a residential building.
Clause 34.01-5 does not apply to an apartment development.
Satisfactory neighbourhood and site description before notice and decision

If the responsible authority decides that the neighbourhood and site description is not satisfactory,
it may require more information from the applicant under Section 54 of the Act.
The responsible authority must not require notice of an application to be given or decide an
application until it is satis昀椀ed that the neighbourhood and site description meets the requirements
of Clause 54.01 or 55.01 and is satisfactory.
This does not apply if the responsible authority refuses an application under Section 52(1A) of
the Act.

01/07/2021
VC203
Use
An application to use land must be accompanied by the following information, as appropriate:
The purpose of the use and the types of activities which will be carried out.
and despatch of goods and materials, hours of operation and light spill, solar access and glare.
The means of maintaining land not required for immediate use.
If an industry or warehouse:
– The type and quantity of goods to be stored, processed or produced.
– Whether a Development Licence, Operating Licence, Permit or Registration is required
from the Environment Protection Authority.
– Whether a noti昀椀cation under the Occupational Health and Safety Regulations 2017 is
required, a licence under the Dangerous Goods Act 1985 is required, or a 昀椀re protection
quantity under the Dangerous Goods (Storage and Handling) Regulations 2012 is exceeded.
– The likely effects on adjoining land, including air-borne emissions and emissions to land
and water.
Buildings and works

Page 406 of 1195

– The location, height and purpose of buildings and works on adjoining land.
– All driveway, car parking and loading areas.
– All external storage and waste treatment areas.
– Areas not required for immediate use.
Elevation drawings to scale showing the colour and materials of all buildings and works.
Construction details of all drainage works, driveways, vehicle parking and loading areas.
be constructed, site works speci昀椀cation and method of preparing, draining, watering and
An application to construct or extend an apartment development, or to construct or extend a dwelling
in or forming part of an apartment development, must be accompanied by an urban context report
and design response as required in Clause 58.01.

31/07/2018
VC148 An application to subdivide land or construct a building or construct or carry out works is exempt
from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section
64(1), (2) and (3) and the review rights of section 82(1) of the Act. This exemption does not apply
to land within 30 metres of land (not a road) which is in a residential zone, land used for a hospital
or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an
education centre.

20/12/2021
General
The interface with adjoining zones, especially the relationship with residential areas.
Use
The effect that existing uses may have on the proposed use.
Subdivision
Provision for vehicles providing for supplies, waste removal and emergency services and public
transport.
The effect the subdivision will have on the potential of the area to accommodate the uses which
will maintain or enhance its competitive strengths.
Page 407 of 1195

Building and works

The movement of pedestrians and cyclists, and vehicles providing for supplies, waste removal,
emergency services and public transport.
The provision of car parking.
The streetscape, including the conservation of buildings, the design of verandahs, access from
the street front, protecting active frontages to pedestrian areas, the treatment of the fronts and
backs of buildings and their appurtenances, illumination of buildings or their immediate spaces
and the landscaping of land adjoining a road.
The storage of rubbish and materials for recycling.
De昀椀ning the responsibility for the maintenance of buildings, landscaping and paved areas.
Consideration of the overlooking and overshadowing as a result of building or works affecting
adjoining land in a General Residential Zone, Neighbourhood Residential Zone, Residential
Growth Zone or Township Zone.
The design of buildings to provide for solar access.
The objectives, standards and decision guidelines of Clause 54 and Clause 55. This does not
apply to an apartment development.
For an apartment development, the objectives, standards and decision guidelines of Clause 58.
The objectives, standards and decision guidelines of Clause 55 of this scheme, as in force
immediately before the approval date of Amendment VC136, continues to apply to:
34.01-9 Signs
31/07/2018
Page 408 of 1195

21/07/2022
C222whse
SCHEDULE TO CLAUSE 34.01 COMMERCIAL 1 ZONE

21/07/2022
C222whse
Land Maximum leasable floor area for Maximum leasable floor area for
Office (square metres) Shop (other than Restricted retail
premises) (square metres)
None specified None specified None specified
Page 409 of 1195

34.02 COMMERCIAL 2 ZONE

31/07/2018
VC148 Shown on the planning scheme map as B3Z, B4Z or C2Z.
Purpose
To encourage commercial areas for of昀椀ces, appropriate manufacturing and industries, bulky goods
retailing, other retail uses, and associated business and commercial services.
To ensure that uses do not affect the safety and amenity of adjacent, more sensitive uses.

06/10/2023
VC247
Use Condition
Art gallery
Cinema The site must adjoin, or have access to, a road in a Transport Zone 2 or
a Transport Zone 3.
Cinema based entertainment
facility
Food and drink premises The leasable floor area must not exceed 100 square metres.
Industry (other than Must not be a purpose listed in the table to Clause 53.10 with no threshold
Materials recycling and specified.
Transfer station)
The land must be at least the following distances from land (not a road)
which is in an Activity Centre Zone, Capital City Zone, Commercial 1 Zone,
Acquisition Overlay to be acquired for a hospital, an education centre or
a corrective institution:

Must not:


Regulations 2017.

2011.
Require a licence under the Dangerous Goods (HCDG) Regulations

2016.
Mail centre
Page 410 of 1195

Use Condition
Museum
Office
Postal agency
Railway
Shop (other than Adult sex Must adjoin, or be on the same land as, a supermarket when the use
product shop, Restricted commences.
retail premises and
The combined leasable floor area for all shops adjoining or on the same
Supermarket)
land as the supermarket must not exceed 500 square metres.
The site must adjoin, or have access to, a road in a Transport Zone 2 or
a Transport Zone 3.
Supermarket The leasable floor area must not exceed 1800 square metres.
The site must adjoin, or have access to, a road in a Transport Zone 2 or
a Transport Zone 3.
Must be on land within the City of Greater Geelong or within an urban

growth boundary in metropolitan Melbourne.
Trade supplies
Tramway
Warehouse (other than Mail Must not be a purpose listed in the table to Clause 53.10 with no threshold
centre) distance specified.
The land must be at least the following distances from land (not a road)
which is in an Activity Centre Zone, Capital City Zone, Commercial 1 Zone,
Acquisition Overlay to be acquired for a hospital, an education centre or

Must not:


Regulations 2017.

2011.
Require a licence under the Dangerous Goods (HCDG) Regulations

2016.
Any use listed in Clause Must meet the requirements of Clause 62.01.
62.01
Page 411 of 1195

Use Condition
Adult sex product shop Must be at least 200 metres (measured by the
shortest route reasonably accessible on foot) from
a residential zone, land used for a hospital, primary
school or secondary school or land in a Public
Acquisition Overlay to be acquired for a hospital,
primary school or secondary school.
Agriculture (other than Animal production and

Apiculture)
Caretaker's house
Education centre

outdoor recreation, Major sports and recreation
facility and Motor racing track)
Materials recycling
Place of assembly (other than Art gallery,

Carnival, Cinema, Cinema based entertainment
facility, Circus and Museum)
Residential hotel
Retail premises (other than Food and drink

premises, Postal agency, Restricted retail
premises, Supermarket and Trade supplies)
Supermarket – if the Section 1 conditions are not The leasable floor area must not exceed 1800 square
met metres unless on land within the City of Greater
Geelong or within an urban growth boundary in
metropolitan Melbourne.

Transfer station (other than Automated collection The land must be at least 30 metres from land (not
point and Container deposit scheme centre) a road) which is in an Activity Centre Zone, Capital
City Zone, Commercial 1 Zone, Docklands Zone,
residential zone or Rural Living Zone, land used for
a hospital, an education centre or a corrective
institution or land in a Public Acquisition Overlay to
be acquired for a hospital, an education centre or a

Page 412 of 1195

Use
Accommodation (other than Caretaker's house and Residential hotel)
Hospital
Motor racing track
34.02-2 Use of land

15/07/2013
VC100 A use must not detrimentally affect the amenity of the neighbourhood, including through the:
Appearance of any building, works or materials.
Emission of noise, arti昀椀cial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash,
34.02-3 Subdivision
31/07/2018
2.

requirements and
decision guidelines
where:



the land:
Page 413 of 1195


requirements and
decision guidelines

01/12/2023
VC217 A permit is required to construct a building or construct or carry out works.
The installation of an automatic teller machine.
An alteration to an existing building façade provided:
– The alteration does not include the installation of an external roller shutter.
– At least 80 per cent of the building facade at ground 昀氀oor level is maintained as an entry or
window with clear glazing.
An awning that projects over a road if it is authorised by the relevant public land manager.
2.

decision guidelines
cost of up to $500,000 where the land is not:
Maintenance

01/07/2021
VC203
Use
An application to use land must be accompanied by the following information, as appropriate:
The purpose of the use and the types of activities which will be carried out.
and despatch of goods or materials, hours of operation and light spill, solar access and glare.
The means of maintaining areas not required for immediate use.
If an industry or warehouse:
– The type and quantity of goods to be stored, processed or produced.
Page 414 of 1195


– Whether a noti昀椀cation under the Occupational Health and Safety Regulations 2017 is
required, a licence under the Dangerous Goods Act 1995 is required, or a 昀椀re protection
quantity under the Dangerous Goods (Storage and Handling) Regulations 2012 is exceeded.
– The likely effects on adjoining land, including air-borne emissions and emissions to land
and water.
Building and works

– All driveway, car parking and loading areas.
– Areas not required for immediate use.
Elevation drawings to scale showing the colour and materials of all buildings and works.
Construction details of all drainage works, driveways, vehicle parking and loading areas.
be constructed, site works speci昀椀cation and method of preparing, draining, watering and

31/07/2018
VC148 An application to subdivide land or construct a building or construct or carry out works is exempt
64(1), (2) and (3) and the review rights of section 82(1) of the Act. This exemption does not apply
to land within 30 metres of land (not a road) which is in a residential zone, land used for a hospital
or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an
education centre.

31/07/2018
VC148
General
The interface with adjoining zones, especially the relationship with residential areas.
Use
The effect that existing uses may have on the proposed use.
Page 415 of 1195


If an industry or warehouse, the effect that the use may have on nearby existing or proposed
residential areas or other uses which are sensitive to industrial off-site effects, having regard
to any comments or directions of the referral authorities.
Subdivision
The effect the subdivision will have on the potential of the area to accommodate the uses which
will maintain or enhance its competitive strengths.
Building and works

The movement of pedestrians and cyclists, and vehicles providing for supplies, waste removal,
The provision of car parking.
The streetscape, including the conservation of buildings, the design of verandahs, access from
the street front, protecting active frontages to pedestrian areas, the treatment of the fronts and
backs of buildings and their appurtenances, illumination of buildings or their immediate spaces
and landscaping of land adjoining a road.
De昀椀ning the responsibility for the maintenance of buildings, landscaping and paved areas.
Any natural or cultural values on or nearby the land.
Outdoor storage, lighting, and stormwater discharge.
The design of buildings to provide for solar access.
34.02-8 Signs
31/07/2018
Page 416 of 1195

36 PUBLIC LAND ZONES

19/01/2006
VC37
Page 417 of 1195

36.01 PUBLIC USE ZONE

31/07/2018
VC148 Shown on the planning scheme map as PUZ with a number.
Purpose
To recognise public land use for public utility and community services and facilities.
To provide for associated uses that are consistent with the intent of the public land reservation or
purpose.

14/11/2022
VC227
Use Condition
Railway
Tramway
Any other use The use must be for the purpose described in the table to Clause
36.01-6 which corresponds to the notation on the planning scheme
map.
The use must be carried out by or on behalf of the public land manager.
Use Condition
Use
Nil
36.01-2 Permit requirement

19/01/2006
VC37 A permit is required to:
Construct a building or construct or carry out works for any use in Section 2 of Clause 36.01-1.
This does not apply to navigational beacons and aids.
Subdivide land.

19/01/2006
VC37 An application for a permit by a person other than the relevant public land manager must be
accompanied by the written consent of the public land manager, indicating that the public land
manager consents generally or conditionally either:
Page 418 of 1195

To the application for permit being made.

To the application for permit being made and to the proposed use or development.

31/07/2018
VC148 Before deciding on an application to use or subdivide land, construct a building or construct or
carry out works, in addition to the decision guidelines in Clause 65, the responsible authority must
consider, as appropriate:
The comments of any Minister or public land manager having responsibility for the care or
management of the land or adjacent land.
Whether the development is appropriately located and designed, including in accordance with
any relevant use, design or siting guidelines.
36.01-5 Permit not required

19/01/2006
VC37 A permit is not required to use land, or to construct a building or construct or carry out works on
land, listed in a schedule to this zone, provided any condition in the schedule is complied with.
36.01-6 Table of public land use

20/01/2022
VC205
Shown on the planning scheme map Purpose of public land use
PUZ1 Service & Utility

PUZ2 Education
PUZ3 Health & Community
PUZ5 Cemetery/Crematorium
PUZ6 Local Government
PUZ7 Other public use
36.01-7 Signs
20/01/2022
VC205 Sign requirements are at Clause 52.05. This zone is in Category 4 unless a different requirement
is speci昀椀ed in the schedule to this zone.
Where a Transport Zone 2 or a Transport Zone 3 is the nearest adjoining zone, a permit is required
to display a sign.
Page 419 of 1195

21/07/2022
C222whse
SCHEDULE TO CLAUSE 36.01 PUBLIC USE ZONE
1.0 Permit exemptions and conditions

21/07/2022
C222whse
Public land Use or development Conditions
Land known as 1 Kangerong Road, Use and development of the land as a None specified
(Allotment 16C, Parish of Police Station and associated
Nunawading), Box Hill amenities.
2.0 Sign requirements

21/07/2022
C222whse
Land Sign Category
Page 420 of 1195

36.02 PUBLIC PARK AND RECREATION ZONE

31/07/2018
VC148 Shown on the planning scheme map as PPRZ.
Purpose
To recognise areas for public recreation and open space.
To protect and conserve areas of signi昀椀cance where appropriate.
To provide for commercial uses where appropriate.

15/03/2024
VC256
Use Condition
Open sports ground Must be conducted by or on behalf of the public land manager.
Must not be on coastal Crown land under the Marine and Coastal Act
2018.
Contractor’s depot Must be either of the following:
Heliport A use conducted by or on behalf of a public land manager, Parks Victoria

or the Great Ocean Road Coast and Parks Authority, under the relevant
Office
provisions of the Local Government Act 1989, the Reference Areas Act
Retail premises 1978, the National Parks Act 1975, the Fisheries Act 1995, the Wildlife
Store Act 1975, the Forest Act 1958, the Water Industry Act 1994, the Water
Act 1989, the Marine Safety Act 2010, the Port Management Act 1995,
Any other use not in Section 3 or the Crown Land (Reserves) Act 1978.
A use specified in an Incorporated plan in a schedule to this zone.
Use Condition
Contractor’s depot - if the Section 1 condition is Must be associated with the public land use.
not met
Heliport - if the Section 1 condition is not met Must be associated with the public land use.
Office - if the Section 1 condition is not met Must be associated with the public land use.
Retail premises - if the Section 1 condition is not Must be associated with the public land use.
met
Store - if the Section 1 condition is not met Must be associated with the public land use.
Page 421 of 1195

Use
Display home centre
Funeral parlour
Industry (other than Automated collection point)
Saleyard
Transport terminal (other than Heliport)
Veterinary centre

03/02/2022
Construct a building or construct or carry out works. This does not apply to:
– Pathways, trails, seating, picnic tables, drinking taps, shelters, barbeques, rubbish bins,
security lighting, irrigation, drainage or underground infrastructure.
– Playground equipment or sporting equipment, provided these facilities do not occupy more
than 10 square metres of parkland.
– Navigational beacons and aids.
– Planting or landscaping.
– Fencing that is 1 metre or less in height above ground level.
– A building or works shown in an Incorporated plan which applies to the land.
– A building or works carried out by or on behalf of a public land manager, Parks Victoria or
the Great Ocean Road Coast and Parks Authority, under the Local Government Act 1989,
the Reference Areas Act 1978, the National Parks Act 1975, the Fisheries Act 1995, the
Wildlife Act 1975, the Forest Act 1958, the Water Industry Act 1994, the Water Act 1989,
the Marine Safety Act 2010, the Port Management Act 1995 or the Crown Land (Reserves)
Act 1978.
Subdivide land.

19/01/2006

31/07/2018
VC148 An application to subdivide land which is consistent with an Incorporated plan is exempt from the
notice requirements of section 52(1) (a), (b) and (d), the decision requirements of section 64(1),
(2) and (3) and the review rights of Section 82(1) of the Act.
Page 422 of 1195


31/07/2018
The comments of any public land manager or other relevant land manager having responsibility
for the care or management of the land or adjacent land.
36.02-6 Incorporated plan

19/01/2006
VC37 An Incorporated plan is a plan which shows the way the land is to be used and developed. An
Incorporated plan may include the following information:
Recognition of existing use and how the area is to be developed.
The building envelope of any proposed buildings.
Details of any proposed buildings or works.
The location of pedestrian or vehicle access points or car parking areas.
The location of any areas for speci昀椀c uses or a schedule of speci昀椀c uses which are allowed
without permit.
Topographic details including any proposed cut and 昀椀ll.
The location of existing and proposed features.
The location of existing native and other vegetation and any proposed landscaping works or
areas of vegetation to be added or removed.
The identi昀椀cation of sites of 昀氀ora or fauna signi昀椀cance (including, in particular, any potentially
threatened species or signi昀椀cant habitat) or other places of cultural heritage or scienti昀椀c value.
The Incorporated plan must be consistent with the intent of the public land reservation under any
Act and make reference to relevant policies and guidelines.
An Incorporated plan may be prepared in parts or stages.
36.02-7 Use and development of land identified in a schedule

19/01/2006
VC37 Land identi昀椀ed in a schedule to this zone may be used and developed in accordance with the
schedule or the speci昀椀c controls contained in an incorporated document corresponding to the land,
provided any condition in the schedule or incorporated document is complied with.
36.02-8 Signs
31/07/2018
Page 423 of 1195

21/07/2022
C222whse
SCHEDULE TO CLAUSE 36.02 PUBLIC PARK AND RECREATION ZONE

21/07/2022
C222whse

21/07/2022
C222whse
Land Sign Category
3.0 Use and development of land specified in an Incorporated Plan

21/07/2022
Page 424 of 1195

36.03 PUBLIC CONSERVATION AND RESOURCE ZONE

31/07/2018
VC148 Shown on the planning scheme map as PCRZ.
Purpose
To protect and conserve the natural environment and natural processes for their historic, scienti昀椀c,
landscape, habitat or cultural values.
To provide facilities which assist in public education and interpretation of the natural environment
with minimal degradation of the natural environment or natural processes.
To provide for appropriate resource based uses.

14/11/2022
VC227
Use Condition
Apiculture Must meet the requirements of the Apiary Code of Practice, May
2011.
metres.
Boat launching facility Must be either of the following:
Camping and caravan park A use conducted by or on behalf of a public land manager,
Parks Victoria or the Great Ocean Road Coast and Parks
Caretaker’s house
Authority, under the relevant provisions of the Local Government
Car park Act 1989, the Reference Areas Act 1978, the National Parks
Informal outdoor recreation Act 1975, the Fisheries Act 1995, the Wildlife Act 1975, the
Forests Act 1958, the Water Industry Act 1994, the Water Act
Interpretation centre
1989, the Marine Safety Act 2010, the Port Management Act
Jetty 1995 or the Crown Land (Reserves) Act 1978.
Kiosk Specified in an Incorporated plan in a schedule to this zone.
Marine dredging
Mooring pole
Open sports ground
Pier
Pontoon
Road
Utility installation (other than

Telecommunications facility)
Any use listed in Clause 62.01

(other than Apiculture)
Any other use not in Section 2 or 3 Must be a use conducted by or on behalf of a public land
manager, Parks Victoria or the Great Ocean Road Coast and
Parks Authority, under the relevant provisions of the Local
Government Act 1989, the Reference Areas Act 1978, the
Page 425 of 1195

Use Condition
National Parks Act 1975, the Fisheries Act 1995, the Wildlife
Act 1975, the Forests Act 1958, the Water Industry Act 1994,
the Water Act 1989, the Marine Safety Act 2010, the Port
Management Act 1995 or the Crown Land (Reserves) Act 1978.
Use Condition
Emergency services facility
Renewable energy facility (other Must not be located on land reserved under the National Parks Act
than Wind energy facility) 1975.
Must meet the requirements of Clause 53.13.
Wind energy facility Must not be located on land described in a schedule to the National
Parks Act 1975. This does not apply where the Wind energy facility is
principally used to supply electricity to a facility used in conjunction
with conservation, recreation, administration or accommodation use
of the land.
Must meet the requirements of Clause 52.32.
Use
The use in Section 1 described as ‘Any other use not in Section 2 or 3’ – if the Section 1 condition
is not met

03/02/2022
– A building or works shown in an Incorporated plan which applies to the land.
– A building or works speci昀椀ed in Clause 62.02-1 or 62.02-2 carried out by or on behalf of
a public authority or municipal council, if the public authority or municipal council is
carrying out functions, powers or duties conferred by or under the Local Government Act
1989, the Reference Areas Act 1978, the National Parks Act 1975, the Fisheries Act 1995,
the Wildlife Act 1975, the Forests Act 1958, the Water Industry Act 1994, the Water Act
1989, the Marine Safety Act 2010, the Port Management Act 1995 or the Crown Land
(Reserves) Act 1978.
– A building or works carried out by or on behalf of a public land manager, Parks Victoria or
the Great Ocean Road Coast and Parks Authority, under the Local Government Act 1989,
the Reference Areas Act 1978, the National Parks Act 1975, the Fisheries Act 1995, the
Wildlife Act 1975, the Forests Act 1958, the Water Industry Act 1994, the Water Act 1989,
the Marine Safety Act 2010, the Port Management Act 1995, the Crown Land (Reserves)
Act 1978, or the Road Management Act 2004.
Subdivide land.
Page 426 of 1195


20/03/2023
Where there is no public land manager, an application for a permit must be accompanied by the
written consent of the Secretary to the Department of Energy, Environment and Climate Action.

31/07/2018
VC148 An application to subdivide land which is consistent with an Incorporated plan is exempt from the
notice requirements of section 52(1) (a), (b), and (d), the decision requirements of sections 64(1),
(2) and (3) and the review rights of section 82(1) of the Act.
36.03-5 Referral of applications

18/06/2010
VC62 An application to use or develop land for the purpose of an emergency services facility must be
referred under Section 55 of the Act to the person or body speci昀椀ed as the referral authority in
Clause 66.03.

31/07/2018
The comments of any public land manager or other relevant land manager having responsibility
for the care or management of the land or adjacent land.
36.03-7 Incorporated plan

18/06/2010
VC62 An Incorporated plan is a plan which shows the way the land is to be used and developed. An
Incorporated plan may include the following information:
Recognition of existing use and how the area is to be developed.
The building envelope of any proposed buildings.
Details of proposed buildings or works.
The location of pedestrian or vehicle access points or car parking areas.
The location of any areas for speci昀椀c uses and a schedule of speci昀椀c uses which are allowed
without permit.
Topographic details including any proposed cut and 昀椀ll.
The location of existing and proposed features.
The location of existing native or other vegetation and any proposed landscaping works or
areas of vegetation to be added or removed.
The identi昀椀cation of sites of 昀氀ora or fauna signi昀椀cance (including, in particular, any potentially
threatened species or signi昀椀cant habitat) or other places of cultural, heritage or scienti昀椀c value.
Page 427 of 1195

The Incorporated plan must be consistent with the intent of the public land reservation under any
Act and make reference to relevant policies and guidelines.
An Incorporated plan may be prepared in parts or stages.
36.03-8 Use and development of land identified in a schedule

18/06/2010
VC62 Land identi昀椀ed in a schedule to this zone may be used and developed in accordance with the
schedule or the speci昀椀c controls contained in an incorporated document corresponding to the land,
provided any condition in the schedule or incorporated document is complied with.
36.03-9 Signs
31/07/2018
Page 428 of 1195

21/07/2022
C222whse
SCHEDULE TO CLAUSE 36.03 PUBLIC CONSERVATION AND RESOURCE ZONE

21/07/2022
C222whse

21/07/2022
C222whse
Land Sign Category
3.0 Use and development of land specified in an Incorporated Plan

21/07/2022
Page 429 of 1195

36.04 TRANSPORT ZONE

20/01/2022
VC205 Shown on the planning scheme map as TRZ with a number.
Purpose
To provide for an integrated and sustainable transport system.
To identify transport land use and land required for transport services and facilities.
To provide for the use and development of land that complements, or is consistent with, the transport
system or public land reservation.
To ensure the ef昀椀cient and safe use of transport infrastructure and land comprising the transport
system.

15/03/2024
VC256
Use Condition
metres.
Railway
Railway station The combined leasable floor area for the selling of food, drink
and other convenience goods and services must not exceed
800 square metres.
Tramway
Transport terminal (other than Railway The use must be carried out by or on behalf of a relevant
station) transport manager.
Utility installation (other than Minor The use must be carried out by or on behalf of a relevant
utility installation and transport manager.
Telecommunications facility)
Any other use The use must be for a transport purpose and carried out by or
on behalf of a relevant transport manager.
Use Condition
Use
Nil
Page 430 of 1195


20/01/2022
Construct a building or construct or carry out works for any use in Section 2 of Clause 36.04-1.
This does not apply to navigational beacons and aids.
Subdivide land.

20/01/2022
VC205 An application by a person other than a relevant transport manager on land shown on a planning
scheme map as TRZ1 or TRZ2 must be accompanied by the written consent of the Head, Transport
for Victoria, indicating that the Head, Transport for Victoria consents generally or conditionally
to either:
The application being made.
The application being made and to the proposed use or development.
36.04-4 Table of transport uses

20/01/2022
VC205
Shown on the planning scheme map Purpose of transport use
TRZ1 State transport infrastructure
TRZ2 Principal road network
TRZ3 Significant municipal road
TRZ4 Other transport use

20/01/2022
The effect of the proposal on the development, operation and safety of the transport system.
36.04-6 Signs
12/02/2024
VC254 Sign requirements are at Clause 52.05.
A permit is required to construct or put up for display a sign:
over a road carriageway or over land within 600 millimetres of a carriageway.
on land in a Transport Zone 1, if a Transport Zone 2 or Transport Zone 3 is the adjoining zone.
For all other land in this zone, the sign category which applies is the category which applies to the
adjoining zone nearest to the land. If land is equidistant from two or more adjoining zones, the
least restrictive category applies.
Page 431 of 1195

37 SPECIAL PURPOSE ZONES

19/01/2006
VC37
Page 432 of 1195

37.01 SPECIAL USE ZONE

31/07/2018
VC148 Shown on the planning scheme map as SUZ with a number.
Purpose
To recognise or provide for the use and development of land for speci昀椀c purposes as identi昀椀ed in
a schedule to this zone.

19/01/2006
VC37
Use Condition
Any use in Section 1 of the schedule to this Must comply with any condition in Section 1 of the
zone schedule to this zone
Use Condition
Any use in Section 2 of the schedule to this zone Must comply with any condition in Section 2 of
the schedule to this zone.
Any other use not in Section 1 or 3 of the schedule to

this zone
Use
Any use in Section 3 of the schedule to this zone
37.01-2 Use of land

31/07/2018
VC148 Any requirement in the schedule to this zone must be met.
An application to use land must be accompanied by any information speci昀椀ed in the schedule to
this zone.

The schedule to this zone may specify that an application is exempt from the notice requirements
of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the
review rights of Section 82(1) of the Act.
Decision guidelines
Any guidelines in the schedule to this zone.
Page 433 of 1195

37.01-3 Subdivision
14/12/2023
VC253
Permit requirement
Any requirement in the schedule to this zone must be met.
2.

requirements and
decision guidelines
where:



the land:
An application to subdivide land must be accompanied by any information speci昀椀ed in the schedule
to this zone.

of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the
review rights of section 82(1) of the Act.
Decision guidelines
Page 434 of 1195



20/12/2021
VC174
Permit requirement
A permit is required to construct a building or construct or carry out works unless the schedule to
this zone speci昀椀es otherwise.
Any requirement in the schedule to this zone must be met.
An apartment development must meet the requirements of Clause 58.
2.

decision guidelines
cost of up to $500,000 and the land is not:
any information speci昀椀ed in the schedule to this zone.
in or forming part of an apartment development, must be accompanied by an urban context report
and design response as required in Clause 58.01.

Page 435 of 1195

Decision guidelines
For an apartment development, the objectives, standards and decision guidelines of Clause 58.
37.01-5 Signs
31/07/2018
VC148 Sign requirements are at Clause 52.05. This zone is in Category 3 unless a schedule to this zone
Page 436 of 1195

21/07/2022
C222whse
SCHEDULE 1 TO CLAUSE 37.01 SPECIAL USE ZONE
Shown on the planning scheme map as SUZ1.
PRIVATE EDUCATION CENTRES AND PLACES OF WORSHIP
Purpose
To provide for areas in private ownership to be used for an education centre or place of worship.
To ensure that the use and development of these facilities takes place in an orderly and proper
manner and does not cause loss of amenity to the neighbourhood.
1.0 Table of uses

01/12/2023
VC217
Use Condition
Accommodation Must be in accordance with a master plan prepared

to the satisfaction of the responsible authority.
52.13-5.
The gross floor area of all buildings must not exceed

50 square metres.
Car park Must be in accordance with a master plan prepared

Child care centre Must be in accordance with a master plan prepared

Education centre Must be in accordance with a master plan prepared

Home based business
Mineral exploration
Mining Must meet the requirements of Clause 52.08-2.
Minor sports and recreation facility Must be in accordance with a master plan prepared
Place of worship Must be in accordance with a master plan prepared

Railway
Search for stone Must not be costeaning or bulk sampling.
Tramway
Any use listed in Clause 62.01 Must meet the requirements of Clause 62.01
Page 437 of 1195

Use Condition
Agriculture (other than Animal keeping, Animal

training, Apiculture, Horse stables, and Intensive
animal husbandry)
Animal keeping (other than Animal boarding) Must be no more than four animals.
Car wash
Convenience shop
Food and drink premises
Leisure and recreation (other than Minor sports

and recreation facility and Motor racing track)
Market
Mineral, stone, or soil extraction (other than

Extractive industry, Mineral exploration, Mining,
and Search for stone)
Office The leasable floor area must not exceed 500 square
metres.

parlour, Nightclub, and Place of worship)
Plant nursery
Store

Use
Amusement parlour
Animal boarding
Animal training
Cemetery
Crematorium
Extractive industry
Horse stables
Intensive animal husbandry
Motor racing track
Nightclub
Page 438 of 1195

Use
Saleyard
Service station
Transport terminal
2.0 Use of land

21/07/2022
C222whse
The following application requirements apply to an application for a permit under Clause 37.01,
Any master plan for the site prepared to the satisfaction of the responsible authority.
The purpose of the use and the types of activities that will be carried out.
The likely effects, if any, on adjacent land including noise levels, traf昀椀c and hours of operation.

An application to use land that is in accordance with a master plan prepared to the satisfaction of
the responsible authority is exempt from the notice requirements of Section 52(1)(a), (b) and (d),
the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of
the Act.
Decision guidelines
The following decision guidelines apply to an application for a permit under Clause 37.01, in
The effect that the proposed use may have on existing uses.
The effect that the proposed use may have on the amenity of the neighbourhood.
3.0 Subdivision
21/07/2022
C222whse

An application for the subdivision of land is exempt from the notice requirements of Section
52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights
of Section 82(1) of the Act.
Page 439 of 1195

Decision guidelines
4.0 Buildings and works

21/07/2022
C222whse
Permit requirement
A permit is not required to construct or carry out:
Pathways, trails, seating, picnic tables, drinking taps, shelters, barbeques, rubbish bins, security
lighting, irrigation, drainage or underground infrastructure.
Playground or sporting equipment.
Planting or landscaping.
A plan, drawn to scale, which shows:
– The layout and use of existing and proposed buildings and works including driveways and
car parking and loading areas.
– Elevation drawings indicating the colour and materials of all proposed buildings and works.
– Construction details of all drainage works, driveways and car parking and loading areas.
– Details of existing and proposed landscaping.

An application to construct a building or construct or carry out works that is in accordance with a
master plan prepared to the satisfaction of the responsible authority is exempt from the notice
requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and
(3) and the review rights of Section 82(1) of the Act.”
Decision guidelines
The interface with adjoining land, especially the relationship with residential areas.
The location and type of access to the site.
The provision for car parking.
Page 440 of 1195

The appearance and bulk of buildings having regard to the adjoining land, especially the
relationship with residential areas.
The provision of land for landscaping and beauti昀椀cation.
The movement of pedestrians and cyclists and vehicles providing for supplies, waste removal,
The effect of the proposed buildings and works on the amenity of the neighbourhood, including
the effects of noise, lighting, overshadowing and privacy.
5.0 Signs
21/07/2022
Page 441 of 1195

21/07/2022
C222whse
PRIVATE SPORT AND RECREATION FACILITIES
Purpose
To provide for areas in private ownership to be used for a minor sports and recreation facility.
1.0 Table of uses

01/12/2023
VC217
Use Condition
52.13-5.

50 square metres.
Caretaker's house
Home based business
Mineral exploration
Minor sports and recreation facility Must be in accordance with a master plan prepared
Railway
Tramway
Use Condition
Accommodation (other than Caretaker’s house)

animal husbandry)
Animal keeping (other than Animal boarding) Must be no more than four animals.
Car wash
Road Zone.
Page 442 of 1195

Use Condition
Convenience shop The leasable floor area must not exceed 80 square
metres.

premises)
Leisure and recreation (other than Minor sports

and recreation facility and Motor racing track)
Market

Office

parlour and Nightclub)
Plant nursery
Store
Road Zone.

Use
Amusement parlour
Animal boarding
Animal training
Cemetery
Crematorium
Extractive industry
Horse stables
Motor racing track
Nightclub
Saleyard
Service station
Page 443 of 1195

Use
Transport terminal
2.0 Use of land

21/07/2022
C222whse

An application to use land that is in accordance with a master plan prepared to the satisfaction of
the responsible authority is exempt from the notice requirements of Section 52(1)(a), (b) and (d),
the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of
the Act.
Decision guidelines
3.0 Subdivision
21/07/2022
C222whse
The purpose of the subdivision.
The likely effects of the subdivision on the adjacent land.

An application to subdivide land that is in accordance with a master plan prepared to the satisfaction
of the responsible authority is exempt from the notice requirements of Section 52(1)(a), (b) and
(d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1)
of the Act.
Decision guidelines
Page 444 of 1195

The effect that the proposed subdivision may have on existing uses.
The effect that the proposed subdivision may have on the amenity of the neighbourhood.

21/07/2022
C222whse
Permit requirements
A permit is not required to construct or carry out:
Pathways, trails, seating, picnic tables, drinking taps, shelters, barbeques, rubbish bins, security
lighting, irrigation, drainage or underground infrastructure.
Playground or sporting equipment.
Planting or landscaping.

An application to construct a building or construct or carry out works that is in accordance with a
master plan prepared to the satisfaction of the responsible authority is exempt from the notice
requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and
(3) and the review rights of Section 82(1) of the Act.
Decision guidelines
Page 445 of 1195

5.0 Signs
21/07/2022
Page 446 of 1195

21/07/2022
C222whse
14 FEDERATION STREET, BOX HILL
Purpose
To provide for future use and development of 14 Federation Street Box Hill (speci昀椀cally the Stage
2 and Stage 3 areas as shown on Map 1 included in this schedule), in accordance with the Statements
of Environmental Audit issued by Phillip Leigh Sinclair of Coffey Geosciences Pty Ltd dated 24
January 2006 or any subsequent Statements of Environmental Audit.
To ensure use and development has regard to the environmental issues related to the former use
of the site as land昀椀ll.
To provide an interim zone to recognise that the land may have potential for long term residential
use in accordance with appropriate Statements and Certi昀椀cates of Environmental Audit, development
plans approved by the responsible authority and a future rezoning.
1.0 Table of uses

14/11/2022
VC227
Use Condition
Animal keeping Must be no more than 2 animals.
52.13-5.

50 square metres.
Mineral exploration
Railway
Tramway
Any use listed in Clause 62.01 Must meet the requirements of Clause 62.01
Use Condition

animal husbandry)
Animal keeping (other than Animal boarding) – Must be no more than 5 animals.
if the Section 1 condition is not met
Page 447 of 1195

Use Condition
Caretaker's house Must be used in conjunction with another use in

Section 1 or 2.

Section 1 or 2.
Education centre (other than Primary school)

Market
Medical centre


parlour, Carnival, Cinema, Circus, Drive-in
theatre, Exhibition centre, and Nightclub)
Plant nursery
Restaurant Must be used in conjunction with another use in

Section 1 or 2.

Use
Accommodation (other than Caretaker’s house)
Amusement parlour
Animal boarding
Animal training
Child care centre
Cinema
Drive-in theatre
Exhibition centre
Extractive industry
Horse stables
Industry (other than Automated collection point)
Motor racing track
Nightclub
Office (other than Medical centre)
Page 448 of 1195

Use
Primary school
Retail premises (other than Market, Restaurant, and Plant nursery)
2.0 Use of land

21/07/2022
C222whse
Details of measures to address/implement ongoing remediation and site management
responsibilities.
Any Environmental Audit Report, Environmental Improvement Plan or Site Management Plan
relating to the land to be developed.
Decision guidelines
Any environmental audit, certi昀椀cate or statement provided for the land.
Whether the proposed use appropriately responds to the environmental issues related to the
former use of the site as land昀椀ll.
3.0 Subdivision
21/07/2022
C222whse
The purpose of the subdivision.
The likely effects of the subdivision on the adjacent land.
Decision guidelines
The effect that the proposed subdivision may have on existing uses.
The effect that the proposed subdivision may have on the amenity of the neighbourhood.
Page 449 of 1195


21/07/2022
C222whse
Measures to address the environmental issues associated with the land as identi昀椀ed in any
Environmental Audit/s as part of any development, including on-going management
requirements.
Decision guidelines
Whether the proposed buildings and works appropriately respond to the environmental issues
related to the former use of the site as land昀椀ll.
5.0 Signs
21/07/2022
Page 450 of 1195

Map 1 to Schedule 3 to Clause 37.01
Page 451 of 1195

37.03 URBAN FLOODWAY ZONE

01/07/2021
VC203 Shown on the planning scheme map as UFZ.
Purpose
To identify waterways, major 昀氀oodpaths, drainage depressions and high hazard areas within urban
areas which have the greatest risk and frequency of being affected by 昀氀ooding.
To ensure that any development maintains the free passage and temporary storage of 昀氀oodwater,
minimises 昀氀ood damage and is compatible with 昀氀ood hazard, local drainage conditions and the
minimisation of soil erosion, sedimentation and silting.
To re昀氀ect any declarations under Division 4 of Part 10 of the Water Act, 1989.
To protect water quality and waterways as natural resources by managing urban stormwater,
protecting water supply catchment areas and managing saline discharges to minimise the risks to
the environmental quality of water and groundwater.

21/09/2018
VC150
Use Condition
Use Condition
Agriculture (other than Animal production and Apiculture)
Leisure and recreation (other than Informal outdoor recreation, Indoor recreation
facility, and Motor racing track)
Road
Utility installation (other than Telecommunications facility)
Any use listed in Clause 62.01 if any requirement is not met
Use

Indoor recreation facility
Motor racing track

17/02/2022
VC200 A permit is required to construct a building or construct or carry out works, including:
A fence.
Page 452 of 1195

Roadworks, if the water 昀氀owpath is redirected or obstructed.

Bicycle pathways and trails, if the water 昀氀owpath is redirected or obstructed.
Public toilets.
A domestic swimming pool or spa and associated mechanical and safety equipment if associated
with one dwelling on a lot.
A pergola or verandah, including an open-sided pergola or verandah to a dwelling with a 昀椀nished
昀氀oor level not more than 800mm above ground level and a maximum building height of 3
metres above ground level.
A deck, including a deck to a dwelling with a 昀椀nished 昀氀oor level not more than 800mm above
ground level.
A non-domestic disabled access ramp.
Roadworks or bicycle paths and trails constructed or carried out by or on behalf of the Head,
Transport for Victoria, to the satisfaction of the relevant 昀氀oodplain management authority.
Flood mitigation works carried out by the responsible authority or 昀氀oodplain management
authority.
The following works in accordance with plans prepared to the satisfaction of the responsible
authority:
– The laying of underground sewerage, water and gas mains, oil pipelines, underground
telephone lines and underground power lines provided they do not alter the topography of
the land.
– The erection of telephone or power lines provided they do not involve the construction of
towers or poles.
Post and wire and post and rail fencing.
37.03-3 Subdivision
14/12/2023
VC253 A permit is required to subdivide land. A permit may only be granted to subdivide land if the
following apply:
The subdivision does not create any new lots, which are entirely within this zone. This does
not apply if the subdivision creates a lot, which by agreement between the owner and the
relevant 昀氀oodplain management authority, is to be transferred to an authority for a public
purpose.
The subdivision is the resubdivision of existing lots and the number of lots is not increased,
unless a local 昀氀oodplain development plan incorporated into this scheme speci昀椀cally provides
otherwise.

31/07/2018
VC148
General
An application must be accompanied by any information speci昀椀ed in the schedule to this zone.
Local floodplain development plan

If a local 昀氀oodplain development plan has been developed for the area and has been incorporated
into this scheme, an application must be consistent with the plan.
Page 453 of 1195

Flood risk report

If a local 昀氀oodplain development plan for the area has not been incorporated into this scheme, an
application must be accompanied by a 昀氀ood risk report to the satisfaction of the responsible
authority. The 昀氀ood risk report must consider the following, where applicable:
The existing use and development of the land.
Whether the proposed use or development could be located on 昀氀ood-free land or land with a
lesser 昀氀ood hazard outside this zone.
The susceptibility of the development to 昀氀ooding and 昀氀ood damage.
The potential 昀氀ood risk to life, health and safety associated with the development. Flood risk
factors to consider include:
– The frequency, duration, extent, depth and velocity of 昀氀ooding of the site and accessway.
– The 昀氀ood warning time available.
– The danger to the occupants of the development, other 昀氀oodplain residents and emergency
personnel if the site or accessway is 昀氀ooded.
The effect of the development on redirecting or obstructing 昀氀oodwater, stormwater or drainage

water and the effect of the development on reducing 昀氀ood storage and increasing 昀氀ood levels
and 昀氀ow velocities.
The effects of the development on environmental values such as natural habitat, stream stability,
erosion, water quality and sites of scienti昀椀c signi昀椀cance.

19/01/2006
VC37 An application must be referred to the relevant 昀氀oodplain management authority under Section
55 of the Act unless in the opinion of the responsible authority the proposal satis昀椀es requirements
or conditions previously agreed in writing between the responsible authority and the 昀氀oodplain
management authority.

31/07/2018
The local 昀氀oodplain development plan or 昀氀ood risk report.
Any comments of the relevant 昀氀oodplain management authority.
Any other matters speci昀椀ed in the schedule to this zone.
37.03-7 Signs
31/07/2018
VC148 Sign requirements are at Clause 52.05. This zone is in Category 4 unless the schedule to this zone
Page 454 of 1195

21/07/2022
C222whse
SCHEDULE TO CLAUSE 37.03 URBAN FLOODWAY ZONE

21/07/2022

21/07/2022
3.0 Signs
21/07/2022
C222whse
Land Sign Category
None specified
Page 455 of 1195

40 OVERLAYS
19/01/2006
VC37 This section sets out the overlays which apply in this scheme.
Page 456 of 1195

41 [NO CONTENT]
31/07/2018
VC148
Page 457 of 1195

42 ENVIRONMENTAL AND LANDSCAPE OVERLAYS

19/01/2006
VC37
Page 458 of 1195

42.01 ENVIRONMENTAL SIGNIFICANCE OVERLAY

31/07/2018
VC148 Shown on the planning scheme map as ESO with a number.
Purpose
To identify areas where the development of land may be affected by environmental constraints.
To ensure that development is compatible with identi昀椀ed environmental values.
42.01-1 Environmental significance and objectives

31/07/2018
VC148 A schedule to this overlay must contain:
A statement of environmental signi昀椀cance.
The environmental objectives to be achieved.

14/12/2023
Construct a building or construct or carry out works. This does not apply if a schedule to this
overlay speci昀椀cally states that a permit is not required.
Construct a fence if speci昀椀ed in a schedule to this overlay.
Construct bicycle pathways and trails.
Subdivide land. This does not apply if a schedule to this overlay speci昀椀cally states that a permit
is not required.
Remove, destroy or lop any vegetation, including dead vegetation. This does not apply:
– If a schedule to this overlay speci昀椀cally states that a permit is not required.
– If the table to Clause 42.01-3 speci昀椀cally states that a permit is not required.
– To the removal, destruction or lopping of native vegetation in accordance with a native
vegetation precinct plan speci昀椀ed in the schedule to Clause 52.16.
2.

requirements and
decision guidelines
where:
Page 459 of 1195


requirements and
decision guidelines



the land:
Construct a fence. Clause 59.05
Remove, destroy or lop one tree provided: Clause 59.06
A permit has not been granted for a VicSmart application to remove, destroy
or lop a tree on the same land within the last 12 months.
There is no other current VicSmart application to remove, destroy or lop a tree

on the same land.
Construct a building or construct or carry out works for: Clause 59.05
A carport, garage, pergola, verandah, deck, shed or similar structure.
A rainwater tank.
The buildings and works must be associated with a dwelling or a small second
dwelling.
42.01-3 Table of exemptions

17/02/2022
VC200
The requirement to obtain a permit does not apply to:
Emergency works Vegetation that is to be removed, destroyed or lopped:

in an emergency by, or on behalf of, a public authority or municipal council to
create an emergency access or to enable emergency works; or
where it presents an immediate risk of personal injury or damage to property. Only
that part of the vegetation that presents the immediate risk may be removed,
destroyed or lopped under this exemption.
Extractive Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary
industry to enable the carrying out of extractive industry in accordance with a work plan
approved under the Mineral Resources (Sustainable Development) Act 1990 and
authorised by a work authority granted under that Act.
Fire protection Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary
to enable the carrying out of any of the following fire protection activities:
fire fighting;
planned burning;
Page 460 of 1195

making or maintenance of a fuelbreak or fire fighting access track (or any

combination thereof) that does not exceed a combined width of 6 metres;
making of a strategic fuelbreak up to 40 metres wide by, or on behalf of, a public
authority in accordance with a strategic fuelbreak plan approved by the Secretary
to the Department of Environment, Land, Water and Planning (as constituted under
Part 2 of the Conservation, Forests and Lands Act 1987);
is ground fuel within 30 metres of a building and is vegetation other than native
vegetation;
in accordance with a fire prevention notice issued under either:
– Section 65 of the Forests Act 1958; or
– Section 41 of the Country Fire Authority Act 1958.
keeping vegetation clear of, or minimising the risk of bushfire ignition from, an
electric line in accordance with a code of practice prepared under Part 8 of the
Electricity Safety Act 1998;
minimising the risk to life and property from bushfire on a roadside of a public road
managed by the relevant responsible road authority, and carried out by, or on
behalf of that authority in accordance with the written agreement of the Secretary
Part 2 of the Conservation, Forests and Lands Act 1987). In this exemption,
roadside, public road and responsible road authority have the same meanings as
in section 3 of the Road Management Act 2004.
Note: Additional permit exemptions for bushfire protection are provided at Clause
52.12.
Geothermal Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary
energy in accordance with an operation plan approved under the Geothermal Energy
exploration and Resources Act 2005.
extraction
Greenhouse gas Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary
sequestration in accordance with an operation plan approved under the Greenhouse Gas Geological
and exploration Sequestration Act 2008.
Land Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary
management or to comply with a land management notice or directions notice served under the
directions notice Catchment and Land Protection Act 1994.
Land use Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary
conditions to comply with a land use condition served under the Catchment and Land Protection
Act 1994.
Mineral Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary
exploration and by the holder of an exploration, mining, prospecting, or retention licence issued under
mining the Mineral Resources (Sustainable Development) Act 1990:
that is low impact exploration within the meaning of Schedule 4A of the Mineral
Resources (Sustainable Development) Act 1990; or
in accordance with a work plan approved under Part 3 of the Mineral Resources
(Sustainable Development) Act 1990.
Note: Schedule 4A of the Mineral Resources (Sustainable Development) Act 1990
specifies limits on the extent of native vegetation that may be removed as part of low
impact exploration.
Noxious weeds Vegetation that is a noxious weed subject of a declaration under section 58 or section
58A of the Catchment and Land Protection Act 1994. This exemption does not apply
to Australian Dodder (Cuscuta australis).
Pest animal Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary
burrows to enable the removal of pest animal burrows.
In the case of native vegetation the written agreement of an officer of the department
responsible for administering the Flora and Fauna Guarantee Act 1988 is required
before the vegetation can be removed, destroyed or lopped.
Planted Vegetation that is to be removed, destroyed or lopped that was either planted or grown
vegetation as a result of direct seeding for Crop raising or Grazing animal production.
Page 461 of 1195

Railways Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary
to maintain the safe and efficient function of an existing railway, or railway access
road, in accordance with the written agreement of the Secretary to the Department
of Environment, Land, Water and Planning (as constituted under Part 2 of the
Conservation, Forests and Lands Act 1987).
Regrowth Vegetation that is to be removed, destroyed or lopped that has naturally established
or regenerated on land lawfully cleared of naturally established vegetation, and is:
bracken (Pteridium esculentum); or
within the boundary of a timber production plantation, as indicated on a Plantation
Development Notice or other documented record, and has established after the
plantation.
This exemption does not apply to land on which vegetation has been destroyed or
otherwise damaged as a result of flood, fire or other natural disaster.
Road safety Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary
by or on behalf of a public authority or municipal council to maintain the safe and
efficient function of an existing public road in accordance with the written agreement
of the Secretary to the Department of Environment, Land, Water and Planning (as
constituted under Part 2 of the Conservation, Forests and Lands Act 1987).
Stone exploration Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary
to enable the carrying out of Stone exploration.
The maximum extent of vegetation removed, destroyed or lopped under this exemption
on contiguous land in the same ownership in a five year period must not exceed any
of the following:
1 hectare of vegetation which does not include a tree.
15 trees with a trunk diameter of less than 40 centimetres at a height of 1.3 metres
above ground level.
5 trees with a trunk diameter of 40 centimetres or more at a height of 1.3 metres
above ground level.
This exemption does not apply to costeaning and bulk sampling activities.
Surveying Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary
by, or on behalf of, a licenced surveyor (within the meaning of section 3 of the
Surveying Act 2004) using hand-held tools to establish a sightline for the measurement
of land.
Traditional Vegetation that is to be removed, destroyed or lopped by a person acting under, and
owners in accordance with:
a natural resources agreement under Part 6 of the Traditional Owners Settlement
Act 2010; or
an authorisation order made under sections 82 or 84 of the Traditional Owner
Settlement Act 2010 as those sections were in force immediately before the
commencement of section 24 of the Traditional owners Settlement Amendment
Act in 2016 (1 May 2017).
Tram stops Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary
by or on behalf of the Head, Transport for Victoria to construct a tram stop, including
a tram stop shelter.
Transport land Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary
by or on behalf of the Head, Transport for Victoria on land in a Transport Zone, or in
a Public Acquisition Overlay if the Head, Transport for Victoria is the acquiring authority,
to construct or maintain transport system infrastructure.

31/07/2018
VC148 An application must be accompanied by any information speci昀椀ed in a schedule to this overlay.
Page 462 of 1195


31/07/2018
The Municipal Planning Strategy and Planning Policy Framework.
The statement of environmental signi昀椀cance and the environmental objective contained in a
schedule to this overlay.
The need to remove, destroy or lop vegetation to create a defendable space to reduce the risk
of bush昀椀re to life and property.
Any other matters speci昀椀ed in a schedule to this overlay.
Page 463 of 1195

21/07/2022
C222whse
SCHEDULE 1 TO CLAUSE 42.01 ENVIRONMENTAL SIGNIFICANCE OVERLAY
Shown on the planning scheme map as ESO1.
131-173 CENTRAL ROAD, NUNAWADING
1.0 Statement of environmental significance

21/07/2022
C222whse The site contains remnant native vegetation of very high local conservation signi昀椀cance. This
includes the presence of:
A remnant of the endangered Ecological Vegetation Class (EVC) (Valley Heathy Forest) with
Very High conservation signi昀椀cance rating and habitat score in excess of 0.4.
Large hollow bearing trees.
15 plant species of bioregional conservation signi昀椀cance.
This site of botanical signi昀椀cance plays an important role in contributing to the biodiversity of the
area around Blackburn Lake Sanctuary. The site is dominated by a combination of Mealy
Stringybark Eucalyptus cephalocarpa, Bundy E. goniocalyx and Messmate Stringybark E. obliqua.
The majority of trees are relatively young regeneration although the presence of 16 Large Old
Trees and 44 Medium Old Trees within the broader stand have been identi昀椀ed.
The native understorey is dominated by a range of indigenous grasses including Wallaby-grasses
Austrodanthonia spp., Silvertop Wallaby-grass Joycea pallida, Veined Spear-grass Austrostipa
rudis, Common Blown-grass Lachnagrostis 昀椀liformis, Weeping Grass Microlaena stipoides,
Kangaroo Grass Themeda triandra, Mat Grass Hemarthria uncinata and Soft Tussock-grass Poa
morrisii. Other common species included Broad-leaf Stinkweed Opercularia ovata, Smooth
Solenogyne Solenogyne dominii, Common Bog-sedge Schoenus apogon, Small Poranthera
Poranthera microphylla, Small St John's Wort Hypericum gramineum, Grassland Wood-sorrel
Oxalis perennans, Wattle Mat-rush Lomandra 昀椀liformis, Centella Centella cordifolia and Ivy-leaf
Violet Viola hederacea.
Shrubs and small trees are relatively sparse but include Wattles Acacia spp., Prickly Tea-tree
Leptospermum continentale, Sweet Bursaria Bursaria spinosa and Burgan Kunzea ericoides.
This EVC is severely threatened to the extent that records indicate only about 470 hectares remain
out of the 20,000 hectares that may have existed in the Gippsland Plain Bioregion.
Development, particularly subdivision, within the property needs to be appropriately managed to
ensure the long term protection and sustainability of this biodiversity.
Background documents
2007)
Weeds in Whitehorse
2.0 Environmental objectives to be achieved

21/07/2022
C222whse To ensure the long term protection of the very high conservation values of this site of botanical
signi昀椀cance.
To recognise the importance of the site as a key habitat area for the Valley Heathy Forest endangered
EVC.
To ensure that the very high habitat value of the site is not diminished by the incremental removal
of remnant vegetation or inappropriate development.
To protect the natural resources and maintain the ecological processes and genetic diversity of the
site and area.
Page 464 of 1195

To ensure that any new development is sensitively designed and sited to reinforce the existing
environmental characteristics of the site.
3.0 Permit requirement

21/07/2022
C222whse A permit is required to construct a fence.
A permit is not required to remove, destroy or lop any vegetation if the vegetation is:
Dead or dying to the satisfaction of the responsible authority.
Non-native vegetation.
Included in the Incorporated Document titled "The City of Whitehorse Environmental Weed
List 2007".

21/07/2022

21/07/2022
The impact of the proposal on the identi昀椀ed very high habitat values of the land.
The signi昀椀cance of the vegetation that may be affected by the proposal, in terms of its rarity,
variety or as a habitat for wildlife.
The need to avoid the clearing of any vegetation, especially on slopes greater than 20 percent
or within 30 metres of a watercourse.
The capability of the site to accommodate the proposal without adversely affecting the
environmental features of the site and its environs.
Any alternative means of locating proposed buildings, works and subdivision that would protect
and enhance the environmental features of the site and its environs.
Whether appropriate management practices are proposed, including the control of vermin and
environmental weeds, the fencing of signi昀椀cant vegetation, the prevention of soil erosion, 昀椀re
prevention measures, and revegetation of degraded areas with plant species that are indigenous
to the site and area.
The extent to which the proposal will avoid, minimise or offset impacts on the native vegetation
which is an endangered EVC and has a very high conservation signi昀椀cance.
Page 465 of 1195

21/07/2022
C222whse
SCHEDULE 2 TO CLAUSE 42.01 ENVIRONMENTAL SIGNIFICANCE OVERLAY
Shown on the planning scheme map as ESO2.
15 VIRGILLIA STREET, BLACKBURN NORTH
1.0 Statement of environmental significance

21/07/2022
C222whse The site contains remnant native vegetation of high local signi昀椀cance for biodiversity and high
conservation signi昀椀cance. This includes the presence of:
A remnant of the endangered Ecological Vegetation Class (EVC) 127 (Valley Heathy Forest)
with High conservation signi昀椀cance rating and habitat score of less than 0.4.
Eight 昀氀ora species of regional signi昀椀cance.
Habitat for woodland 昀氀ora and fauna species.
Presence of a population of old, hollow-bearing trees.
This site of botanical signi昀椀cance plays an important role in contributing to the biodiversity of the
Blackburn North area. The original vegetation over much of the site has been cleared and degraded,
however the remaining vegetation is comprised of a mixture of exotic vegetation and remnant
forest. The modi昀椀ed remnant of Valley Heathy Forest, which supports four large old trees, is
dominated by a Yellow Box Eucalyptus melliodora with a small number of Mealy Stringybark
Eucalyptus cephalocarpa, and one Red Stringybark Eucalyptus macrorhyncha.
The understorey shrubs and small trees include Sweet Bursaria Bursaria spinosa, Black Wattle
Acacia mearnsii and Cherry Ballart Exocarpos cupressiformis. The ground layer, although modi昀椀ed
with introduced plants, includes indigenous graminoids, such as Slender Wallaby-grass
Austrodanthonia racemosa, Spear Grass Austrostipa spp. and Weeping Grass Microlaena stipoides.
This EVC is endangered in the Gippsland Plain Bioregion and within all bioregions where it occurs.
Development, particularly subdivision, within the property needs to be appropriately managed to
ensure the long term protection and sustainability of this biodiversity.
Flora, Fauna and habitat hectare assessment of 15 Virgillia Street, Blackburn North, Biosis Research
(April 2008)
Weeds in Whitehorse
2.0 Environmental objectives to be achieved

21/07/2022
C222whse To ensure the long term protection of the high conservation values of this site of botanical
signi昀椀cance.
To recognise the importance of the site as a key habitat area for the Valley Heathy Forest endangered
EVC.
To ensure that the high habitat value of the site is not diminished by the incremental removal of
remnant vegetation or inappropriate development.
To protect the natural resources and maintain the ecological processes and genetic diversity of the
site and area.
To ensure that any new development is sensitively designed and sited to reinforce the existing
environmental characteristics of the site.

21/07/2022
C222whse A permit is required to construct a fence.
Page 466 of 1195

A permit is not required to remove, destroy or lop any vegetation if the vegetation is:
Dead and has a trunk diameter less than 40 centimetres at a height of 1.3 metres above ground
level.
Non-native vegetation.
Included in the Incorporated Document titled "The City of Whitehorse Environmental Weed
List 2007".

21/07/2022

21/07/2022
The impact of the proposal on the identi昀椀ed high habitat values of the land.
The signi昀椀cance of the vegetation that may be affected by the proposal, in terms of its rarity,
variety or as a habitat for wildlife.
The capability of the site to accommodate the proposal without adversely affecting the
environmental features of the site and its environs.
Any alternative means of locating proposed buildings, works and subdivision that would protect
and enhance the environmental features of the site and its environs.
Whether appropriate management practices are proposed, including the control of vermin and
environmental weeds, the fencing of signi昀椀cant vegetation, the prevention of soil erosion, 昀椀re
prevention measures, and revegetation of degraded areas with plant species that are indigenous
to the site and area.
The extent to which the proposal will avoid, minimise or offset impacts on the native vegetation
which is an endangered EVC and has a high conservation signi昀椀cance.
Page 467 of 1195

42.02 VEGETATION PROTECTION OVERLAY

31/07/2018
VC148 Shown on the planning scheme map as VPO with a number.
Purpose
To protect areas of signi昀椀cant vegetation.
To ensure that development minimises loss of vegetation.
To preserve existing trees and other vegetation.
To recognise vegetation protection areas as locations of special signi昀椀cance, natural beauty, interest
and importance.
To maintain and enhance habitat and habitat corridors for indigenous fauna.
To encourage the regeneration of native vegetation.
42.02-1 Vegetation significance and objectives

31/07/2018
A statement of the nature and signi昀椀cance of the vegetation to be protected.
The vegetation protection objectives to be achieved.

28/10/2022
VC224 A permit is required to remove, destroy or lop any vegetation speci昀椀ed in a schedule to this overlay.
This does not apply:
If the table to Clause 42.02-3 speci昀椀cally states that a permit is not required.
To the removal, destruction or lopping of native vegetation in accordance with a native vegetation
precinct plan speci昀椀ed in the schedule to Clause 52.16.
2.

decision guidelines
A permit has not been granted for a VicSmart application to remove,

destroy or lop a tree on the same land within the last 12 months.
There is no other current VicSmart application to remove, destroy

or lop a tree on the same land.

17/02/2022
VC200
Page 468 of 1195


fire fighting;
planned burning;
making a strategic fuelbreak up to 40 metres wide by, or on behalf of, a public
vegetation;
keeping vegetation clear of, or minimising risk of bushfire ignition from, an electric
line in accordance with a code of practice prepared under Part 8 of the Electricity
Safety Act 1998;
managed by the relevant responsible road authority, and carried out by, or on
behalf of that authority in accordance with the written agreement of the Secretary
52.12.
energy in accordance with an operation plan approved under the Geothermal Energy
extraction
sequestration and in accordance with an operation plan approved under the Greenhouse Gas Geological
exploration Sequestration Act 2008.
management and to comply with a land management notice or directions notice served under the
Act 1994.
extraction the Mineral Resources (Sustainable Development) Act 1990:
Page 469 of 1195

impact exploration.
or regenerated on land lawfully cleared of naturally established vegetation, and is:
plantation.
by and on behalf of a public authority or municipal council to maintain the safe and
efficient function of an existing public road in accordance with the written agreement
Stone exploration Vegetation is to be removed, destroyed or lopped to the minimum extent necessary
of the following:
above ground level.
above ground level.
of land.
Page 470 of 1195


Act 2010; or
Act in 2016 (1 May 2017).

31/07/2018

31/07/2018
The statement of the nature and signi昀椀cance of the vegetation to be protected and the vegetation
protection objective contained in a schedule to this overlay.
The effect of the proposed use, building, works or subdivision on the nature and type of
vegetation to be protected.
The role of native vegetation in conserving 昀氀ora and fauna.
The need to retain native or other vegetation if it is rare, supports rare species of 昀氀ora or fauna
or forms part of a wildlife corridor.
The need to retain vegetation which prevents or limits adverse effects on ground water recharge.
The need to retain vegetation:
– Where ground slopes exceed 20 percent.
– Within 30 metres of a waterway or wetland.
– On land where the soil or subsoil may become unstable if cleared.
– On land subject to or which may contribute to soil erosion, slippage or salinisation.
– In areas where the removal, destruction or lopping of vegetation could adversely affect the
integrity or long term preservation of an identi昀椀ed site of scienti昀椀c, nature conservation or
cultural signi昀椀cance.
– Which is of heritage or cultural signi昀椀cance.
Any relevant permit to remove, destroy or lop vegetation in accordance with a land management
plan or works program.
Whether the application includes a land management plan or works program.
Page 471 of 1195

Whether provision is made or is to be made to establish and maintain vegetation elsewhere on

the land.
Page 472 of 1195

21/07/2022
C222whse
SCHEDULE 1 TO CLAUSE 42.02 VEGETATION PROTECTION OVERLAY
Shown on the planning scheme map as VPO1.
SIGNIFICANT EXOTIC, NATIVE AND INDIGENOUS TREES
1.0 Statement of nature and significance of vegetation to be protected

21/07/2022
C222whse The City of Whitehorse Signi昀椀cant Tree Register (Peter C Harrison Pty Ltd, 2002) has
identi昀椀ed exotic, native and indigenous trees on private land within the municipality which are
signi昀椀cant for either their contribution to the landscape or streetscape, or because the vegetation
is of local provenance.
Indigenous habitat trees of local provenance are part of regional vegetation linkages and provide a
corridor for local bird life and fauna. These trees are integral to the establishment of a
sustainable urban and native landscape.
Other trees are signi昀椀cant due to their age and size and interest they bring to the streetscape.
The Whitehorse Neighbourhood Character Study 2014 recognises that such trees are integral to
the neighbourhood character in the City. The species and dominance varies across the
municipality and contributes signi昀椀cantly to the broad character types found across the region.
City of Whitehorse Signi昀椀cant Tree Register (Peter C Harrison Pty Ltd, 2002)
Whitehorse Neighbourhood Character Study 2014 (Planisphere, April 2014)
2.0 Vegetation protection objectives to be achieved

21/07/2022
C222whse To protect vegetation of special signi昀椀cance, natural beauty, interest and importance.

21/07/2022
C222whse A permit is required to remove, destroy or lop vegetation included in Incorporated Document
No. 10-City of Whitehorse- Statements of Tree Signi昀椀cance-2005.
This does not apply to any vegetation which is:
Deemed unsafe by a suitably quali昀椀ed arborist, and to the satisfaction of the
responsible authority.
Being pruned for regeneration or ornamental shaping.
A tree which is dead or dying to the satisfaction of the responsible authority.
Being maintained in accordance with a management program, developed by a suitably
quali昀椀ed arborist and approved by the responsible authority.

21/07/2022

21/07/2022
The applicable Statement of Signi昀椀cance included in Incorporated Document No. 10 - City
of Whitehorse- Statements of Tree Signi昀椀cance-2005.
The species of vegetation and its signi昀椀cance, age, health and growth characteristics.
Page 473 of 1195

Where applicable, whether any proposed lopping will adversely affect the signi昀椀cance
or appearance of the tree.
The location of the vegetation on the land and its contribution to the garden, neighbourhood and
streetscape character.
The impact of the tree on the structural integrity of existing buildings, including foundations.
The availability of suf昀椀cient unencumbered land to provide for replacement planting.
Vegetation management requirements to reduce 昀椀re hazard, prevent erosion and maintain
昀氀ood control measures.
The role of the vegetation in providing a habitat and vegetation corridor for bird life and fauna.
The reason for removing the vegetation and practicality of alternative options which do
not require the removal of vegetation included in Incorporated Document No. 10- City
of Whitehorse- Statements of Tree Signi昀椀cance-2005.
Page 474 of 1195

21/07/2022
C222whse

21/07/2022
C222whse The Signi昀椀cant Tree Study, City of Whitehorse (Tree Dimensions, September 2006) has identi昀椀ed
exotic, native and indigenous trees on private land within the municipality which are signi昀椀cant
for either their contribution to the landscape or streetscape, or because the vegetation is of local
provenance.
Indigenous habitat trees of local provenance are part of regional vegetation linkages and provide
a corridor for local bird life and fauna. These trees are integral to the establishment of a sustainable
urban and native landscape.
the neighbourhood character in the City. The species and dominance varies across the municipality
and contributes signi昀椀cantly to the broad character types found across the region.
Signi昀椀cant Tree Study, City of Whitehorse (Tree Dimensions, September 2006)
Whitehorse Neighbourhood Character Study 2014 (Planisphere, April 2014)

21/07/2022

21/07/2022
C222whse A permit is required to remove, destroy or lop vegetation included in Incorporated Document No.
11 - City of Whitehorse - Statements of Tree Signi昀椀cance, 2006.
Deemed unsafe by a suitably quali昀椀ed arborist, and to the satisfaction of the responsible authority.
Being maintained in accordance with a management program, developed by a suitably quali昀椀ed
arborist and approved by the responsible authority.

21/07/2022

21/07/2022
The applicable Statement of Signi昀椀cance included in Incorporated Document No. 11 - City of
Whitehorse - Statements of Tree Signi昀椀cance, 2006.
Page 475 of 1195

Where applicable, whether any proposed lopping will adversely affect the signi昀椀cance or
appearance of the tree.
The location of the vegetation on the land and its contribution to the garden, neighbourhood
and streetscape character.
Vegetation management requirements to reduce 昀椀re hazard, prevent erosion and maintain 昀氀ood
control measures.
The reason for removing the vegetation and practicality of alternative options which do not
require the removal of vegetation included in Incorporated Document No. 11 - City of Whitehorse
- Statements of Tree Signi昀椀cance, 2006.
Page 476 of 1195

21/07/2022
C222whse

27/03/2024
C230whse Tree studies across the municipality and for speci昀椀c sites have identi昀椀ed exotic, native and
indigenous trees on private land within the municipality which are signi昀椀cant for either their
contribution to the landscape or streetscape, or because the vegetation is of local provenance.
Indigenous habitat trees of local provenance are part of regional vegetation linkages and provide
a corridor for local bird life and fauna. These trees are integral to the establishment of a sustainable
urban and native landscape.
the neighbourhood character in the City. The species and dominance varies across the municipality
and contributes signi昀椀cantly to the broad character types found across the region.
Whitehorse Neighbourhood Character Study - Preferred Character Statements & Guidelines
(Planisphere, 2014).

21/07/2022

27/03/2024
C230whse A permit is required to remove, destroy or lop vegetation included in:
Incorporated Document No. 13 City of Whitehorse Signi昀椀cance Tree Study, 2016.
Incorporated Document: Statement of Tree Signi昀椀cance, 490-500 Burwood Highway, Vermont
South (Whitehorse City Council, June 2023).
Deemed unsafe by a suitably quali昀椀ed arborist, and to the satisfaction of the responsible
authority.
Being maintained in accordance with a management program, developed by a suitably quali昀椀ed
arborist and approved by the responsible authority.

21/07/2022

27/03/2024
as appropriate, by the Responsible Authority:
The applicable Statement of Signi昀椀cance included in:
Page 477 of 1195

– Incorporated Document No.13 City of Whitehorse Signi昀椀cance Tree Study, 2016.

– Incorporated Document: Statement of Tree Signi昀椀cance, 490-500 Burwood Highway,
Vermont South (Whitehorse City Council, June 2023).
Where applicable, whether any proposed lopping will adversely affect the signi昀椀cance or
appearance of the tree.
The location of the vegetation on the land and its contribution to the garden, neighbourhood
and streetscape character.
control measures.
The reason for removing the vegetation and practicality of alternative options which do not
require the removal of vegetation included in either:
– Incorporated Document No.13 City of Whitehorse Signi昀椀cance Tree Study, 2016; or
– Incorporated Document: Statement of Tree Signi昀椀cance, 490-500 Burwood Highway,
Vermont South (Whitehorse City Council, June 2023).
Page 478 of 1195

42.03 SIGNIFICANT LANDSCAPE OVERLAY

31/07/2018
VC148 Shown on the planning scheme map as SLO with a number.
Purpose
To identify signi昀椀cant landscapes.
To conserve and enhance the character of signi昀椀cant landscapes.
42.03-1 Landscape character and objectives

31/07/2018
A statement of the nature and key elements of the landscape.
The landscape character objectives to be achieved.

14/12/2023
Construct a building or construct or carry out works. This does not apply:
– To the conduct of agricultural activities including ploughing and fencing (but not the
construction of dams) unless a speci昀椀c requirement for that activity is speci昀椀ed in a schedule
to this overlay.
Construct a fence if speci昀椀ed in the schedule to this overlay.

Remove, destroy or lop any vegetation speci昀椀ed in a schedule to this overlay. This does not
apply:
– If the table to Clause 42.03-3 speci昀椀cally states that a permit is not required.
– To the removal, destruction or lopping of native vegetation in accordance with a native
vegetation precinct plan speci昀椀ed in the schedule to Clause 52.16.
2.
Class of application Information requirements

and decision guidelines

There is no other current VicSmart application to remove, destroy or

lop a tree on the same land.
A rainwater tank.
Page 479 of 1195


The buildings and works must be associated with a dwelling.
Construct a building or construct or carry out works for a small second Clause 59.05
dwelling.

17/02/2022
VC200

fire fighting;
planned burning;
making or maintaining of a fuelbreak or fire fighting access track (or any
making of strategic fuelbreak up to 40 metres wide by, or on behalf of, a public
vegetation;
keeping vegetation clear of, or minimising the risk of bushfire ignition from, an
electric line in accordance with a code of practice prepared under Part 8 of the
minimising the risk to life and property from bushfire of a roadside of a public road
managed by the relevant responsible road authority, and carried out by or on
behalf of that authority, in accordance with the written agreement of the Secretary
52.12.
energy in accordance with operation plan approved under the Geothermal Energy Resources
exploration and Act 2005.
extraction
sequestration in accordance with an operation plan approved under the Greenhouse Gas Geological
and exploration Sequestration Act 2008.
Page 480 of 1195

management or to comply with a land management notice or directions notice served under the
Act 1994.
extraction the Mineral Resources (Sustainable Development) Act 1990:
impact exploration.
or regenerated on land lawfully cleared of naturally established vegetation, and is
plantation.
by and on behalf of a public authority or municipal council to maintain the safe and
efficient function of an existing public road in accordance with written agreement of
the Secretary of the Department of Environment, Land, Water and Planning (as
Stone exploration Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary
of the following:
above ground level.
above ground level.
Page 481 of 1195

of land.
Act 2010; or
Act in 2016 (1 May 2017).

31/07/2018

31/07/2018
The statement of the nature and key elements of the landscape and the landscape character
objective contained in a schedule to this overlay.
The conservation and enhancement of the landscape values of the area.
The impact of the proposed buildings and works on the landscape due to height, bulk, colour,
general appearance or the need to remove vegetation.
The extent to which the buildings and works are designed to enhance or promote the landscape
character objectives of the area.
The impact of buildings and works on signi昀椀cant views.
Page 482 of 1195

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C222whse
SCHEDULE 1 TO CLAUSE 42.03 SIGNIFICANT LANDSCAPE OVERLAY
Shown on the planning scheme map as SLO1.
BLACKBURN AREA 1
1.0 Statement of nature and key elements of landscape

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C222whse The residential areas adjacent to the Blackburn and Gardiners Creeks and the Blackburn Lake
Sanctuary in Blackburn have special vegetation and landscape qualities. A number of streets are
classi昀椀ed by the National Trust in recognition of their outstanding landscape signi昀椀cance. The
preservation and enhancement of this area is dependent upon ensuring that built features are
subservient to vegetation and the provision of suf昀椀cient open space to sustain the large, mature
trees.
The signi昀椀cance of the area is attributed to the quality of the environment, which includes vegetation
notable for its height, density, maturity and high proportion of Australian native trees. This in
turn contributes to the signi昀椀cance of the area as a valuable bird and wildlife habitat.
2.0 Landscape character objectives to be achieved

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C222whse To retain the dominance of vegetation cover in keeping with the bush character environment.
To encourage the retention and regeneration of native vegetation for the protection of wildlife
habitat.
To ensure that a reasonable proportion of a lot is free of buildings to provide for the planting of
tall trees in a natural garden setting.
To encourage the development of sympathetic buildings within an envelope, which ensures the
maintenance of a tree-dominated landscape.
To ensure that buildings and works retain an inconspicuous pro昀椀le and do not dominate the
landscape.
To ensure that development is compatible with the character of the area.

21/07/2022
C222whse A permit is required to remove, destroy or lop a tree.
A tree having a single trunk circumference of 0.5 metre or less at a height of one metre above
ground level.
The pruning of a tree for regeneration or ornamental shaping.
A permit is required to construct a front fence that is within 4 metres of any vegetation that requires
a permit to remove, destroy or lop under the provisions of this schedule. This does not apply to
the like-for-like replacement of a front fence to the satisfaction of the responsible authority.
Note: Pruning of a tree is de昀椀ned as removing branches (or occasionally roots) from a tree or plant using approved
practices, to achieve a speci昀椀ed objective such as for regeneration or ornamental shaping.
Lopping is de昀椀ned as the practice of cutting branches or stems between branch unions or internodes.
A permit is not required to construct a building or construct or carry out works provided all of the
following requirements are met:
The building is:
– No higher than two storeys or 9 metres.
Page 483 of 1195

– Set back at least 9 metres from the front boundary for any single storey building or 11 metres
for a two storey building.
– Set back at least 3 metres from a boundary to a road at least 4 metres wide (other than the
front boundary) for a building wall height of no more than 3.6 metres or 3 metres plus half
the building wall height if the building wall height is more than 3.6 metres.
– Set back from any other boundary at least 1.2 metres for a building wall height of no more
than 3.6 metres or 1.5 metres plus half the building height if the building wall height is more
than 3.6 metres.
– Less than 25 per cent of the site area at ground level and 15 per cent of the site area at 昀椀rst
昀氀oor level, excluding hard surfaced and impervious areas.
– Set back more than 4 metres from any vegetation that requires a permit to remove, destroy
or lop under the provisions of this schedule. A building may be closer than 4 metres provided
it does not alter the existing ground level or topography of the land.
The works:
– Comprising hard surfaced and impervious areas (including tennis courts and swimming
pools, but excluding buildings) are less than 17 per cent of the site area.
– Are set back more than 4 metres from any vegetation that requires a permit to remove,
destroy or lop under the provisions of this schedule. Works may be closer than 4 metres
provided they do not alter the existing ground level or topography of the land.
The total area of all buildings and hard surfaced and impervious areas (including tennis courts
and swimming pools) are less than 42 per cent of the site area.
The setback requirements for boundaries other than the frontage or to any other road at least 4
metres wide do not apply to:
A garden or storage shed of less than 6 square metres.
A carport or garage.
Building wall height is:
If the roof pitch is less than or equal to 45 degrees the distance from ground level to under the
eave.
If the roof pitch is greater than 45 degrees or a gable is present the distance from ground level
to half the height between the eaves and the top of the roof.

21/07/2022

21/07/2022
Whether the proposed building is set back a reasonable distance from the property boundaries
to provide for landscaping.
Whether the proposed building or works retain an inconspicuous pro昀椀le and do not dominate
the landscape.
Whether a reasonable proportion of the lot is free of buildings and available for tree planting,
landscaping and open space use.
The impact of the proposed development on the conservation of trees.
Page 484 of 1195

The impact of the proposed development on natural ground levels and drainage patterns which
may have a detrimental impact on the health and viability of surrounding trees.
The maintenance of an adequate buffer strip along watercourses, roads, rail lines and other
property boundaries.
The species of vegetation, its age, health and growth characteristics.
The location of the vegetation on the land and its contribution to the lot garden area,
neighbourhood and streetscape character.
Whether the tree is isolated or part of a grouping.
The potential to achieve an average density of one tree reaching a height of over 15 metres to
each 150 square metres of site area.
The impact of the tree on the structural integrity of existing buildings including foundations.
Other options for further planting on the site.
control measures.
6.0 Background documents
Background to the Blackburn Lake Residential Area Special Planning Controls (1997)
Page 485 of 1195

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C222whse
BLACKBURN AREA 2

21/07/2022
C222whse The signi昀椀cance of the area is attributed to the quality of the environment, which includes vegetation
notable for its height, density, maturity and high proportion of Australian native trees.
This in turn contributes to the signi昀椀cance of the area as a valuable bird and wildlife habitat.

21/07/2022
habitat.
tall trees in a natural garden setting.
landscape.

21/07/2022
C222whse A permit is required to remove, destroy or lop a tree. This does not apply to:
ground level.
The building is:
– No higher than two storeys or9 metres.
– Set back at least 9 metres from the front boundary for a single storey building or 11 metres
for a two storey building.
– Set back at least 1.2 metres from any other boundary for a building wall height of no more
than 3.6 metres or 1.5 metres plus half the building wall height if the building wall height
is more than 3.6 metres.
Page 486 of 1195

昀氀oor level, excluding hard surfaced and impervious areas.
or lop under the provisions of this schedule. The works:
destroy or lop under the provisions of this schedule. Works may be closer than 4 metres
and swimming pools) are less than 50 per cent of the site area.
If the roof pitch is less than or equal to 45 degrees, the distance from ground level to under the
eave.
If the roof pitch is greater than 45 degrees or a gable is present, the distance from ground level
to half the height between the eaves and the top of the roof.

21/07/2022

21/07/2022
the landscape.
Page 487 of 1195

control measures.
Whether works within 4 metres of a tree propose to alter the existing ground level or topography
of the land.
Background to the Blackburn Lake Residential Area Special Planning Controls (1997)
Page 488 of 1195

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C222whse
WALKER ESTATE

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C222whse The residential area known as the Walker Estate has special vegetation and landscape qualities.
The signi昀椀cance of the area is attributed to its garden character, which is contributed by vegetation
notable for its height, density, maturity and a mix of Australian native and exotic trees on the
private properties and roadways. The most distinctive feature of the street tree planting is the
strong avenue planting comprising mature single species along some roadways. The relatively
large lots with generous setbacks and low front fences also contribute to the landscape value of
the area as does the open nature strips and unmade footpaths, which provide an informal feel to
the area. A number of heritage properties are also present on the Estate.
The preservation and enhancement of this area is dependent upon ensuring:
Built features are subservient to vegetation.
The provision of suf昀椀cient open space to sustain the large, mature trees.

21/07/2022
C222whse To retain the dominance of vegetation cover in keeping with the garden character of the area.
tall trees in a natural garden setting, other landscaping and open space use.
landscape.
To ensure that development is compatible with the character and built form of the area.
To encourage the retention and regeneration of vegetation for the protection of wildlife habitat.
To ensure that the distinctive avenues of street trees are protected and retained.

21/07/2022
ground level.
The building:
Page 489 of 1195

– Is no higher than two storeys or 9 metres.

– Is set back at least 9 metres from the front boundary for any single storey building or 11
metres for a two storey building.
– Is set back at least 3 metres from a boundary to a road at least 4 metres wide (other than the
front boundary) for a building wall height of no more than 3.6 metres or at least 3 metres
plus half the building wall height if the building wall height is more than 3.6 metres.
– Is set back from any other boundary at least 1.2 metres for a building wall height of no more
than 3.6 metres or at least 1.5 metres plus half the building wall height if the building wall
height is more than 3.6 metres.
– Is less than 33 per cent of the site area at ground level.
– Is set back more than 4 metres from any vegetation that requires a permit to remove, destroy
or lop under the provisions of this schedule.
The works:
destroy or lop under the provisions of this schedule.
and swimming pools) is less than 50 per cent of the site area.
A carport or garage that is located in the rear yard of a property with a single dwelling.
If the roof pitch is less than or equal to 45 degrees, the distance from ground level to under the
eave.
If the roof pitch is greater than 45 degrees or a gable is present, the distance from ground level
to half the height between the eaves at the end of the gable and the top of the roof.

21/07/2022

21/07/2022
Whether the proposed building is set back a suf昀椀cient distance from the property boundaries
Whether the proposed building or works retain a built form pro昀椀le for the site as a whole that
does not dominate the landscape.
The proportion of the lot that is free of buildings and available for tree planting, landscaping
and open space use.
The impact of the proposed development on the conservation of trees either on the land, on
adjoining lots or in the street.
Page 490 of 1195

The intention and potential to achieve an average density of one tree reaching a height of over
15 metres to each 150 square metres of site area.
Whether any proposed new vehicle crossover would impact on the health of any street tree or
require the removal of any street tree
Walker Estate Special Character Area, Urban Character Study (May 1999)
Page 491 of 1195

21/07/2022
C222whse
BLACKBURN EARLY SETTLEMENT NEIGHBOURHOOD CHARACTER – VEGETATION

RETENTION

21/07/2022
C222whse The character of the Blackburn Early Settlement Neighbourhood Character area is based on the
combination of the consistency of building form and siting, which re昀氀ect the patterns established
by the earlier development of the area, and proximity to the Blackburn Lake environs. The
frequency of remaining pre-World War II era buildings is also an important component that is
considered to contribute to an understanding of the historical development of Blackburn and
surrounding areas.
The streetscape patterns and characteristics created by the common building forms and elements
have a consistency and appearance that is valued by the local and wider community. The valued
and preferred neighbourhood character consists of predominately single storey buildings with
pitched roof building forms, within a garden setting achieved by substantial side, front and rear
building setbacks, and prevalence of large trees. The setbacks from both side boundaries allow
glimpses of rear garden planting to be gained from the streets. The large trees also complement
and re昀氀ect the highly signi昀椀cant indigenous and native vegetation of the Blackburn Lake surrounds.
The streetscapes have an open, spacious, well vegetated feel due to the wide grassed verges in
some streets, the low or open style fencing and existing vegetation.

21/07/2022
C222whse To retain and enhance the vegetation dominated vistas and streetscapes, through ensuring the
dominance of native and exotic vegetation cover.
To provide for the retention and planting of tall trees in a natural garden setting.
To ensure front setbacks are well vegetated.
landscape.
To encourage the use of vegetation as an alternative to front fencing, and low to average height
open style front fences.

21/07/2022
ground level.
Page 492 of 1195

A permit is not required to construct a building or construct or carry out works provided the
following requirement is met:
The building and works are set back more than 4 metres from any vegetation that requires a
permit to be removed, destroyed or lopped under the provisions of this schedule.

21/07/2022

21/07/2022
C222whse The following decision guidelines apply to an application for a permit to construct a building or
construct or carry out works (other than to remove, destroy or lop a tree), under Clause 42.03, in
The landscaping plan accompanying the application, detailing existing vegetation, vegetation
to be removed, and new plantings incorporating native and indigenous species with exclusive
use of exotic species to be avoided.
Whether the proposed vehicle access and storage have been designed to minimise excavation,
loss of vegetation and dominance of car storage facilities.
The maintenance of an adequate buffer strip along roads and between private gardens.
The following decision guidelines apply to an application for a permit to remove, destroy or lop
a tree under Clause 42.03, in addition to those speci昀椀ed in Clause 42.03 and elsewhere in the
scheme which must be considered, as appropriate, by the responsible authority:
The species of vegetation, and its age, health and growth characteristics.
The location of the vegetation on the land and its contribution to the garden area of the lot, and
the neighbourhood and streetscape character.
Options for further planting on the site.
control measures.
Blackburn Lake Surrounds Study 2002 (Planisphere with John Curtis Pty Ltd) including the Precinct
Brochure for Precinct 5.
Page 493 of 1195

21/07/2022
C222whse
NOMINATED LARGE SITES: 1 LAKE ROAD, BLACKBURN, 57-67 CENTRAL ROAD,

BLACKBURN AND 131-173 CENTRAL ROAD, NUNAWADING

21/07/2022
C222whse Within the Blackburn Lake environs, there are three large sites, which contribute to the character
of the area due to their current use for institutional purposes, their size and vegetation. Vegetation
remains a dominant feature of each site with built form being a secondary feature. The three sites
are in important locations within the environs of the Blackburn Lake Sanctuary and assist in
maintaining important regional habitat linkages.
The signi昀椀cance of the area is attributed to the quality of the environment, which includes vegetation
notable for its height, density, maturity and high proportion of indigenous trees. This in turn
contributes to the signi昀椀cance of the area as a valuable bird and wildlife habitat.
The preservation and enhancement of the area is dependent upon ensuring that built features are
subservient to vegetation and the provision of suf昀椀cient open space to sustain large mature trees.

21/07/2022
C222whse The general landscape objectives to be achieved include:
To retain and enhance the vegetation dominated vistas, streetscapes and sites, through ensuring
the dominance of native vegetation cover.
To ensure that new development enhances and respects the vegetation and landscape qualities
of the Blackburn Lake Sanctuary and surrounding residential area.
To provide for the retention and planting of tall trees in keeping with the bush environment
and habitat values.
To encourage the development of sympathetic buildings within an envelope, which ensures
the maintenance of tree cover as a key feature of the site.
To ensure that all setbacks are well vegetated.
landscape.
To ensure that the perimeter trees are protected and enhanced where possible, and if necessary
their replacement is appropriately managed.
Speci昀椀c objectives and related appropriate design responses include:
Objective Design response
To retain and increase the native and All existing native trees and exotic trees should be retained
indigenous vegetation on site. where possible. Any removal of Pinus Radiata trees around
the perimeter should be staged to ensure maintenance of a
vegetation screen, and replacement by indigenous species.
Buildings should be set back more than 4 metres from any

vegetation that requires a permit to remove, destroy or lop
under the provisions of this Schedule. A building may be closer
than 4 metres provided it does not alter the existing ground
level or topography of the land.
The location of crossovers should minimise vegetation removal.
Page 494 of 1195

Objective Design response
The building site coverage should not exceed 33% and the
total hard surface and building site coverage should not exceed
50%, including paved surfaces, decks, tennis courts and
swimming pools.
Works comprising hard surfaced and impervious areas

(including tennis courts and swimming pools, but excluding
buildings) should not exceed 17% of the site area.
Disruption to the root system and canopy of all trees should

be minimised.
To ensure development sits within a Building massing and siting should provide space for frequent
landscaped environment and does not pockets of existing and new trees and other vegetation
dominate the landscape. throughout the site.
Buildings should be set back a minimum of 9 metres from the

front and 6m from the rear boundaries.
Setbacks from side boundaries should be not less than 1.2

metres.
Building materials should use earthy tones or lighter materials

(eg. timber, non-masonry materials).
Built form and overall building height should sit below the
existing tree canopy.
Development should be no higher than two storeys or 9 metres.
Building design should follow the contours of the site.
Openness to the perimeter roads and Blackburn Lake

Sanctuary should be maintained and walled (gated)
development with imposing entrance gates should be avoided.
To ensure development on 1 Lake Buildings should be set back from the eastern boundary of the
Road acknowledges and addresses the site to minimise visual impact on the Sanctuary.
Sanctuary.
High or solid fences abutting the Sanctuary should be avoided.
Built form should be adequately screened when viewed from

within the Sanctuary.

21/07/2022
C222whse A permit is required to:
Construct a fence along the boundary of land to Central Road or Lake Road or abutting the
boundary of the Blackburn Lake Sanctuary or is within 4 metres of any vegetation that requires
a permit to remove, destroy or lop under the provisions of this schedule. This does not apply
to the like-for-like replacement of a front fence to the satisfaction of the responsible authority.
A permit is required to remove, destroy or lop a tree.
the ground level.
Page 495 of 1195


Lopping is de昀椀ned as practice of cutting branches or stems between branch unions or internodes.
A permit is not required to construct a building or construct or carry out works for one dwelling
on a lot provided all of the following requirements are met:
The building is:
– Set back at least 9 metres from the front and rear boundaries.
– Set back at least 1.2 metres from any other boundary for a building wall height of no more
than 3.6 metres or 1.5 metres plus half the building wall height if the building wall height
is more than 3.6 metres.
昀氀oor level.
or lop under the provisions of this Schedule. A building may be closer than 4 metres provided
it does not alter the existing ground level or topography of the land.
The works:
destroy or lop under the provisions of this Schedule. Works may be closer than 4 metres
– The total area of all buildings and hard surfaced and impervious areas (including tennis
courts and swimming pools) are less than 50 per cent of the site area.

21/07/2022

21/07/2022
to be removed and new plantings incorporating native and indigenous species, with exclusive
use of exotic species to be avoided.
Page 496 of 1195

control measures.
Whether the proposed building and works retain an inconspicuous pro昀椀le and do not dominate
the landscape.
The impact of the proposed development on the conservation of trees and habitat for indigenous
fauna.
Whether the vehicle access and storage proposed has been designed to minimise excavation,
The maintenance of an adequate buffer strip along roads and watercourses and between private
gardens and whether any proposed new vehicle crossover would impact on the health of any
protected tree or require the removal of any protected tree.
Blackburn Lake Surrounds Study 2002 (Planisphere with John Curtis Pty Ltd)
Review of Sites in the Blackburn Lake Surrounds Area Part 1 – Institutional Sites, June 2004
(Planisphere)
Page 497 of 1195

21/07/2022
C222whse
YARRAN DHERAN, SOMERS TRAIL, COLLINA DELL AND MENIN ROAD

21/07/2022
C222whse The topography and vegetation of the Yarran Dheran and Collina Dell area, sloping down to the
Mullum Mullum Creek and Somers Trail and associated parklands, make these areas distinctive
and have in昀氀uenced the building styles and forms. The Menin Road area is distinctive for the
presence and frequency of remnant indigenous stringybark eucalypts and its overall tree density
among surrounding areas of lesser vegetation dominance. The dwellings are often nestled into the
bushy gardens comprising both exotic and native species, and the canopy trees on lots and within
reserves also contribute to the vegetation dominated streetscapes. Consistent front and side setbacks,
the use of natural building materials in retaining walls and the lack of front fencing contribute to
the bushy setting of the area.

21/07/2022
C222whse To retain and enhance the bush vegetation dominated vistas and streetscapes, through ensuring
the dominance of native and exotic vegetation cover.
To ensure that a reasonable proportion of a lot is free of buildings to provide for the retention and
planting of tall trees in a natural bush setting.
To ensure that the development of buildings follows the contours of the land, and sited below the
predominant tree canopy height.
To ensure front setbacks are consistent with others in the street, and are well vegetated.
landscape.
To encourage the use of vegetation as an alternative to front fencing, and low to average height

21/07/2022
ground level.
A permit is not required to construct a building, or construct or carry out works provided all the
The total area covered by buildings does not exceed 35% of the site area; and
Page 498 of 1195

The works, comprising hard surfaced and impervious areas (including tennis courts and
swimming pools, but excluding buildings) are less than 15 per cent of the site area; and
The buildings and works are set back more than 4 metres from any vegetation that requires a
permit to remove, destroy or lop under the provisions of this schedule.

21/07/2022

21/07/2022
construct or carry out works under Clause 42.03, in addition to those speci昀椀ed in Clause 42.03
and elsewhere in the scheme which must be considered, as appropriate, by the responsible authority:
to be removed, new plantings incorporating native and indigenous species with exclusive use
of exotic species to be avoided.
the landscape, in particular, through ensuring that buildings follow the topography of the site,
avoid visually dominant elevations, and are designed so as not to exceed the predominant tree
canopy height.
Whether the proposed building will achieve a front setback that is consistent or greater than
the adjoining two neighbouring dwellings, and provides adequate space in the front yard for
substantial vegetation to be retained or planted.
Whether the proposed building is setback a substantial distance from at least one side boundary
and the rear boundary to accommodate substantial large canopy trees.
If the total building coverage exceeds 40%, or the hard surface coverage exceeds 15%, that
adequate space is retained on site for tree planting, landscaping and open space use.
Whether the materials and 昀椀nishes proposed will harmonise with the landscape setting.
Whether the vehicle access and storage proposed has been designed to minimise excavation,
The maintenance of an adequate buffer strip along watercourses, roads, and between the
creekside environs and private gardens.
The following decision guidelines apply to an application for a permit to remove, lop or destroy
Page 499 of 1195


control measures.
Whitehorse Neighbourhood Character Study 2002/3 (Planisphere with John Curtis Pty Ltd, June
2003)
City of Whitehorse Neighbourhood Character Study Review of Areas 14 and 16 (February 2004)
Collina Dell SLO Review (October 2007)
Review of Three Precincts in Character Areas 16 & 18 (May 2008)
Page 500 of 1195

21/07/2022
C222whse
VERMONT (GLENBURNIE ROAD AND ENVIRONS)

21/07/2022
C222whse The natural landscape of the southern end of Glenburnie Road and the adjacent streets and properties
is predominately dense remnant indigenous and native trees and understorey vegetation. The tree
canopy encloses the space and creates the impression of homes being sited within the landscape
rather than trees being planted around homes. Buildings are a mix of styles with few front fences
interrupting the overall bush landscape. Glenburnie Road, Grove and Grey Streets are sealed but
narrow, with no footpaths or kerbs. The street verges are covered by shrubs and trees creating an
informal streetscape. In Glenburnie Road, the essentially single lane width of the street, undulating
land and impaired lines of sight have a traf昀椀c calming effect and create a pedestrian friendly
environment.

21/07/2022
habitat.
large trees in a natural garden setting.
To encourage the development of sympathetic buildings within an envelope which ensures the
Encouraging the use of materials and 昀椀nishes that blend with the landscape, and ensuring buildings
are located below the predominant tree canopy height, to ensure that buildings and works retain
an inconspicuous pro昀椀le and do not dominate the landscape.
Ensuring building and impervious surface site coverage is minimised.
Encouraging the use of vegetation as an alternative to front fencing, and low to average height

21/07/2022
ground level.
A permit is not required to construct a building or construct or carry out works provided all the
The total area covered by buildings does not exceed 35 percent of the site area; and
Page 501 of 1195

The works, comprising hard surfaced and impervious areas (including tennis courts and
swimming pools, but excluding buildings) are less than 15 per cent of the site area; and
The buildings or works are set back more than 4 metres from any tree for which a permit is
required to remove, destroy or lop under the provisions of this schedule.

21/07/2022

21/07/2022
to be removed, new plantings incorporating substantial native or exotic tree species.
Whether the proposed building will achieve a front setback that is consistent or greater than
the adjoining two neighbouring dwellings, and provides adequate space in the front yard for
substantial vegetation to be retained or planted.
the landscape, in particular, with the height respecting the predominant building height in the
street and nearby properties, and designed not to exceed the predominant tree canopy height.
Whether the proposed building is setback a substantial distance from at least one side boundary
and the rear boundary to accommodate substantial large canopy trees.
If the total building coverage exceeds 35%, or the hard surface coverage exceeds 15%, that
adequate space is retained on site for tree planting, landscaping and open space use.
Whether the materials and 昀椀nishes proposed will harmonise with the landscape setting.
Whether the vehicle access and storage proposed is located to minimise the loss of front garden
space and the dominance of car parking structures.
Page 502 of 1195


control measures.
2003)
Page 503 of 1195

21/07/2022
C222whse
VERMONT (SOUTH OF CANTERBURY ROAD)

21/07/2022
C222whse This area is distinctive for its predominately single storey dwellings from the post war to the 1980s,
set within established exotic gardens often with large native trees forming a backdrop and
occasionally planted within the frontage. The sloping topography has resulted in a number of two
storey and split level dwellings and the use of some high, stone retaining walls. Dwellings
commonly have low pitched roofs and consistent setbacks to boundaries, which accentuate the
leafy green character of this area.

21/07/2022
C222whse To retain and protect large trees.
To maintain the dominance of exotic and native vegetation cover.
To encourage the planting of native trees and vegetation that will contribute to the tree canopy.
To ensure that buildings and works retain an inconspicuous pro昀椀le, do not dominate the landscape
and are compatible with the character of the area.
To ensure that buildings follow the contours of the land and are sited below the predominant tree
canopy height.
To ensure that front and side setbacks are consistent with the streetscape and provide for existing
and any proposed vegetation.
To maintain the open leafy character of the streetscape, by encouraging the use of vegetation as
an alternative to front fencing.
To encourage the siting of any proposed vehicle access and storage to minimise the loss of front
garden space and to avoid dominating structures.

21/07/2022
A tree having a single trunk circumference of 0.5 metres or less at a height of one metre above
ground level.
A permit is not required to construct a building, or construct or carry out works provided all the
The building is:
Page 504 of 1195

– Set back at least 9 metres from the front boundary for a single storey building and has any
upper 昀氀oor set back at least 11 metres from the front boundary.
– Set back from any other boundary at least 1.2 metres for a building wall height of no more
than 3.6 metres or 1.5 metres plus half the building height if the building wall height is more
than 3.6 metres.
The works are set back more than 4 metres from any vegetation that requires a permit to remove,
destroy or lop under the provisions of this schedule.

21/07/2022

21/07/2022
The landscape plan accompanying the application, which should detail existing vegetation,
vegetation to be removed and proposed planting, including a planting schedule which has an
emphasis on the use of native species.
Whether the proposed buildings or works retain an inconspicuous pro昀椀le and do not dominate
the landscape. In particular, ensuring that buildings follow the contours of the site, avoid
visually dominant elevations, and are designed so as not to exceed the predominant tree canopy
height.
Whether the proposed building will achieve front and side setbacks that are consistent with
neighbouring dwellings and the streetscape.
Whether the proposed building is set back appropriate distances from the frontage, at least one
side boundary and the rear boundary to accommodate existing and proposed vegetation,
particularly large canopy trees.
The maintenance of an adequate buffer strip along watercourses, roads and between the parkside
environs and private gardens.
The location of the vegetation on the land and its contribution to the site, neighbourhood and
streetscape character.
Page 505 of 1195

Other options for further replanting on the site.

control measures.
2003)
Review of Neighbourhood Character Implementation Recommendations, Part 2 Review Areas
(Planisphere, July 2004)
Page 506 of 1195

21/12/2018
C214whse
NEIGHBOURHOOD CHARACTER AREAS

30/07/2020
C219whse The leafy garden and bushy character of Melbourne’s eastern suburbs can be viewed from many
high points throughout Melbourne and is a signi昀椀cant component of the subregion. The treed
character of areas such as Whitehorse provides an important ‘green’ link between Melbourne and
the Yarra Valley.
The Municipal Wide Tree Study (June 2016 and March 2019) identi昀椀es that trees are signi昀椀cant
to the landscape character of the City of Whitehorse. The tree cover in Whitehorse simultaneously
delivers multiple bene昀椀ts to the community, including de昀椀ning neighbourhood character, providing
visual amenity, reducing the urban heat island effect in more urbanised areas, improving air quality
and energy ef昀椀ciency, providing habitat for fauna, and increasing the wellbeing of people and
liveability of neighbourhoods.
The Garden Suburban Neighbourhood Character Area generally has formalised streetscapes
comprising grassed nature strips, concrete footpaths, kerbs and channels, and buildings are generally
visible along streets behind low front fences and open garden settings.
Gardens are typically established with canopy trees, lawn areas, garden beds and shrubs and there
are typically well de昀椀ned property boundaries and consistent building siting.
The majority of the municipality is included in the Garden Suburban Neighbourhood Character
Area.
The Bush Suburban Neighbourhood Character Area generally has a mix of formal and informal
streetscapes with wide nature strips and streets are dominated by vegetation with buildings partially
hidden behind tall trees and established planting.
Gardens are less formal, consisting of many canopy trees and property boundary de昀椀nition can
be non-existent or fenced. Buildings appear detached along the street and generally comprise
pitched rooftops, with simple forms and articulated facades.
The Bush Suburban Neighbourhood Area includes parts of Blackburn, Box Hill South, Vermont
South, Mitcham, Nunawading and Mont Albert North as shown in the Neighbourhood Character
Precincts Map contained in the Neighbourhood Character Study 2014.
2.0 Landscape character objective to be achieved

30/07/2020
C219whse To retain and enhance the canopy tree cover of the Garden and Bush Suburban Neighbourhood
Character Areas.
To encourage the retention of established and mature trees.
To provide for the planting of new and replacement canopy trees.
To ensure that development is compatible with the landscape character of the area.

30/07/2020
C219whse
Buildings and works
A permit is required to construct or carry out works for a front fence that is within 4 metres of any
vegetation that requires a permit to remove, destroy or lop under the provisions of this schedule.
This does not apply to a front fence that is undertaken to the same details, speci昀椀cations and
materials as the front fence being replaced, to the satisfaction of the responsible authority.
Page 507 of 1195

A permit is not required to construct a building or construct or carry out works provided the
buildings or works are set back at least 4 metres from any tree protected under the provisions of
this schedule when measured at ground level from the outside of the trunk.
Vegetation removal
A tree that has both:
– a height less than 5 metres; and
– a single trunk circumference of less than 1.0 metre at a height of 1.0 metre above ground
level.
A tree that is less than 3 metres from the wall of an existing Dwelling or an existing Dependent
Person's Unit when measured at ground level from the outside of the trunk. For the avoidance
of doubt, this exemption does not apply to a tree that is less than 3 metres from an existing
outbuilding.
A tree that is located less than 3 metres from an existing inground swimming pool when
measured at ground level from the outside of the trunk.
A tree that is an Environmental Weed species listed below:
– Box Elder (Acer negundo)
– Cape Wattle (Paraserianthes lophantha)
– Cherry Plum (Prunus cerasifera)
– Cootamundra Wattle (Acacia baileyana)
– Cotoneaster (Cotoneaster spp.)
– Desert Ash (Faxinus angustifolia)
– Hawthorn (Crategus monoyna)
– Mirror Bush (Coprosma angustifolia)
– Privet (Ligustrum spp.)
– Radiata or Monterey Pine (Pinus radiata)
– Sallow Wattle (Acacia longifolia)
– Sweet Pittosporum (Pittosporum undulatum)
– Willow (Salix spp.)

A tree which is dead or dying or has become dangerous to the satisfaction of the responsible
authority.
A tree outside the minimum street setback requirement in the Residential Growth Zone.
A tree on public land or in the road reserve removed by or on behalf of Whitehorse City Council.
The removal, destruction, or lopping of a tree to the minimum extent necessary:
– to maintain the safe and ef昀椀cient function of a Utility Installation to the satisfaction of the
responsible authority or the utility service provider; or
Page 508 of 1195

– by or on behalf of a utility service provider to maintain or construct a Utility Installation in

accordance with the written agreement of the Secretary to the Department of Environment,
Land, Water and Planning (as constituted under Part 2 of the Conservation, Forests and
Lands Act 1987); or
– to maintain the safe and ef昀椀cient function of the existing on road public transport network
(including tramways) to the satisfaction of the Department of Transport.
A tree required to be removed, destroyed or lopped in order to construct or carry out buildings
or works approved by a Building Permit issued prior to 8 February 2018.
A tree that may require separate approval to remove, destroy or lop as part of an existing permit
condition, a plan endorsed under a planning permit or an agreement under section 173 of the
Planning and Environment Act 1987.
Note: For the purpose of this schedule, pruning is de昀椀ned as removing branches (or occasionally roots) from a
tree using approved practices, to achieve a speci昀椀ed objective such as for regeneration or ornamental
shaping.
For the purpose of this schedule, lopping has its ordinary meaning and includes the practice of cutting
branches or stems between branch unions or internodes.

30/07/2020
C219whse Applicants must provide a report from a suitably quali昀椀ed arborist to:
Justify the removal of trees.
Outline the measures to be taken, particularly during the construction phase, to ensure the
long-term preservation of trees on, or adjoining, the development site.

30/07/2020
addition to those speci昀椀ed in Clause 42.03-5 and elsewhere in the scheme which must be considered,
The contribution of the tree to neighbourhood character and the landscape.
The need to retain trees that are signi昀椀cant due to their species, age, health and/or growth
characteristics.
Where the tree is located, its relationship to existing vegetation and its role in providing habitat
and corridors for fauna and their contribution to local ecological systems.
The cumulative contribution the tree makes with other vegetation to the landscape and the
impact of the incremental loss of trees.
Where the location of new and existing footings and impervious areas are in relation to the root
zone of established trees.
The compatibility of any buildings and works with existing vegetation proposed to be retained.
The effect of any proposed lopping on the signi昀椀cance, health or appearance of the tree.
Whether there is a valid reason for removing the tree and whether alternative options to removal
have been fully explored.
If retention cannot be achieved, or a tree is considered appropriate for removal, consider whether:
– a replacement tree has been provided; and
– the site provides adequate space for offset planting of trees that can grow to a mature height
similar to the mature height of the tree to be removed.
Page 509 of 1195

If it is not appropriate to select an indigenous or native tree species, the selected species should
be drought tolerant.
Whether the planting location of the replacement tree(s) will enable the future growth of the
canopy and root system of the tree to maturity.
Whether the replacement tree species and planting locations con昀氀ict with existing or proposed
overhead wires, buildings, easements and existing trees.
Whether the proposal is consistent with the Whitehorse Neighbourhood Character Study (April
2014), the Municipal Wide Tree Study Options and Recommendations Report (June 2016) and
the Municipal Wide Tree Study Part 2: Additional Analysis in Garden Suburban and Bush
Suburban Character Precincts (March 2019).
6.0 Expiry
02/06/2023
C247whse The requirements of this overlay cease to have effect after 23 June 2024.
Page 510 of 1195

27/03/2024
C230whse
FORMER AUSTRALIAN ROAD RESEARCH BOARD SITE

490-500 BURWOOD HIGHWAY, VERMONT SOUTH

27/03/2024
C230whse The site was formerly used as the Australian Road Research Board (ARRB) headquarters and is
landscaped with well-established Australian native trees. The site contains numerous large
eucalyptus trees, including several stands of trees in proximity to the site’s boundaries, many of
which are of medium to high retention value.
The landscape at the site was designed by prominent landscape architect Beryl Mann and enhances
the heritage buildings located in the northern portion of the site.
While the boundaries of the site have been heavily planted, the internal landscaping was designed
to have an open character with a chain of landscaped courtyards and clusters of canopy trees.

27/03/2024
C230whse To retain established Australian native trees on the land.
To ensure that development within the Tree Protection Zone (TPZ) of any tree protected under
the provisions of this schedule does not compromise the long-term preservation of the tree.

27/03/2024
C230whse Vegetation removal
A tree that has both:
– A height of less than 5 metres; and
– A single trunk circumference of less than 1.0 metres at a height of 1.0 metre above ground
level.
Any species listed as exempt from a permit requirement in the Table to this schedule.
A tree which is dead or dying or has become dangerous to the satisfaction of the responsible
authority.
The removal, destruction, or lopping of a tree to the minimum extent necessary:
– To maintain the safe and ef昀椀cient function of an existing Utility Installation to the satisfaction
of the responsible authority or the utility service provider; or
– By or on behalf of a utility service provider to maintain or construct a Utility Installation in
accordance with the written agreement of the Secretary to the Department of Environment,
Energy and Climate Action (as constituted under Part 2 of the Conservation, Forests and
Lands Act 1987).
Note: For the purpose of this schedule, pruning is de昀椀ned as removing branches (or occasionally roots) from a
tree using approved practices, to achieve a speci昀椀ed objective such as for regeneration or ornamental
shaping.
For the purpose of this schedule, lopping has its ordinary meaning and includes the practice of cutting
branches or stems between branch unions or internodes.
Buildings and works
Page 511 of 1195

A permit is required to construct a front fence that is within the TPZ of any tree that requires a
permit to remove, destroy or lop under the provisions of this schedule. This does not apply to a
front fence that is undertaken to the same details, speci昀椀cations and materials as the front fence
being replaced, to the satisfaction of the responsible authority.
A permit is not required to construct a building or construct or carry out works that are located
outside the calculated TPZ of any tree protected under the provisions of this schedule.
The TPZ is measured as a radius from the centre of the trunk at ground level. The radius of the
TPZ is calculated by multiplying the diameter of the tree trunk at breast height (which is measured
at 1.4 metres up from ground level) by 12. Where the measured TPZ radius is less than 4 metres,
the radius must be 4 metres.

27/03/2024
C230whse The following application guidelines apply to an application for a permit under Clause 42.03, in
addition to those speci昀椀ed elsewhere in the scheme and must accompany an application, as
appropriate, to the satisfaction of the Responsible Authority:
A site plan (drawn to scale) showing the location and extent of existing vegetation and identifying
vegetation to be removed and retained.
A report from a quali昀椀ed arborist to:
– Inform the removal of trees.
– Outline the protection measures to be taken before, during and after construction phases, to
ensure the long-term preservation of trees on, or adjoining the development site.
Note: For the purpose of this schedule a quali昀椀ed arborist must have a minimum Diploma quali昀椀cation in
arboriculture to be considered quali昀椀ed.
For the purpose of this schedule, protection measures are considered to be measures that align with
Australian Standard AS 4970-2009 Protection of Trees on Development Sites.

27/03/2024
The contribution of the tree to the landscape character of the site.
Whether it can be clearly shown to the satisfaction of the responsible authority that the removal
of trees has been minimised.
Whether there is an existing encroachment into the TPZ of the tree by an existing building or
sealed accessway, and whether the proposed works increase the extent of encroachment.
The location of new and existing footings and impervious areas in relation to the calculated
TPZ of established trees.
The compatibility of buildings and works within the TPZ of any tree protected under the
provisions of this schedule.
The effect of any proposed lopping on the signi昀椀cance, health or appearance of the tree.
TABLE TO SCHEDULE 10: Species exempt from permit requirements
Common name Species Status
Cootamundra Wattle Acacia baileyana Australian Native Tree
Cape Wattle Paraserianthes lophantha Australian Native Tree
Page 512 of 1195

Sweet Pittosporum Pittosporum undulatum Victorian Native Vegetation
Desert Ash Fraximus angustifolia Exotic
Cotoneaster Cotoneaster sp. Exotic
Box Elder Acer negundo Exotic
Cherry Plum Prunus cerasifera Exotic
Hawthorn Crategus monoyna Exotic
Mirror Bush Coprosma repens Exotic
Privet Ligustrum spp. Exotic
Radiata or Monterey Pine Pinus radiata Exotic
Sallow Wattle Acacia longifolia Exotic
Willow Salix spp. Exotic
Page 513 of 1195

43 HERITAGE AND BUILT FORM OVERLAYS

19/01/2006
VC37
Page 514 of 1195

43.01 HERITAGE OVERLAY

31/07/2018
VC148 Shown on the planning scheme map as HO with a number (if shown).
Purpose
To conserve and enhance heritage places of natural or cultural signi昀椀cance.
To conserve and enhance those elements which contribute to the signi昀椀cance of heritage places.
To ensure that development does not adversely affect the signi昀椀cance of heritage places.
To conserve speci昀椀ed heritage places by allowing a use that would otherwise be prohibited if this
will demonstrably assist with the conservation of the signi昀椀cance of the heritage place.
Scope
The requirements of this overlay apply to heritage places speci昀椀ed in the schedule to this overlay.
A heritage place includes both the listed heritage item and its associated land. Heritage places may
also be shown on the planning scheme map.

14/12/2023
Subdivide land.
Demolish or remove a building.
Construct a building or construct or carry out works, including:
– Domestic services normal to a dwelling if the services are visible from a street (other than
a lane) or public park.
– A solar energy system attached to a building that primarily services the land on which it is
situated if the system is visible from a street (other than a lane) or public park and if the
schedule to this overlay speci昀椀es the heritage place as one where solar energy system controls
apply.
– A rainwater tank if the rainwater tank is visible from a street (other than a lane) or public
park.
– A fence, if the fence is visible from a street (other than a lane) or public park.
– Roadworks which change the appearance of a heritage place or which are not generally
undertaken to the same details, speci昀椀cations and materials.
– Buildings or works associated with a railway, railway station or tramway constructed or
carried out by or on behalf of the Head, Transport for Victoria.
– Street furniture other than:
Traf昀椀c signals, traf昀椀c signs, bus shelters, 昀椀re hydrants, parking meters, post boxes and
seating.
Speed humps, pedestrian refuges and splitter islands.
– A domestic swimming pool or spa and associated mechanical and safety equipment, if the
swimming pool or spa and associated equipment are visible from a street (other than a lane)
or public park.
– A pergola or verandah, including an open-sided pergola or verandah to a dwelling with a
昀椀nished 昀氀oor level not more than 800mm above ground level and a maximum building
height of 3 metres above ground level.
Page 515 of 1195

– A deck, including a deck to a dwelling with a 昀椀nished 昀氀oor level not more than 800mm
above ground level, if the deck is visible from a street (other than a lane) or public park
– Non-domestic disabled access, excluding a non-domestic disabled access ramp if the ramp
is not visible from a street (other than a lane) or public park.
– An electric vehicle charging station if the charging station is visible from a street (other than
a lane) or public park.
– Services normal to a building other than a dwelling or small second dwelling, including
chimneys, 昀氀ues, skylights, heating and cooling systems, hot water systems, security systems
and cameras, downpipes, window shading devices, or similar, if the works are visible from
a street (other than a lane) or public park.
Externally alter a building by structural work, rendering, sandblasting or in any other way.
Construct or display a sign.
Externally paint a building if the schedule to this overlay speci昀椀es the heritage place as one
where external paint controls apply.
Externally paint an unpainted surface.
Externally paint a building if the painting constitutes an advertisement.
Internally alter a building if the schedule to this overlay speci昀椀es the heritage place as one
where internal alteration controls apply.
Carry out works, repairs and routine maintenance which change the appearance of a heritage
place or which are not undertaken to the same details, speci昀椀cations and materials.
Remove, destroy or lop a tree if the schedule to this overlay speci昀椀es the heritage place as one
where tree controls apply. This does not apply:
– To any action which is necessary to keep the whole or any part of a tree clear of an electric
line provided the action is carried out in accordance with a code of practice prepared under
Section 86 of the Electricity Safety Act 1998.
– If the tree presents an immediate risk of personal injury or damage to property.
2.

requirements
and decision
guidelines
Subdivide land to realign the common boundary between 2 lots where the area of Clause 59.07
either lot is reduced by less than 15 percent and the general direction of the common
boundary does not change.
Subdivide land into lots each containing an existing building or car parking space
where:
– The buildings or car parking spaces have been constructed in accordance with the
provisions of this scheme or a permit issued under this scheme.
– An occupancy permit or a certificate of final inspection has been issued under the
Building Regulations in relation to the buildings within 5 years prior to the application
for a permit for subdivision.
Page 516 of 1195


requirements
and decision
guidelines
Subdivide land into 2 lots if:
– The construction of a building or the construction or carrying out of works on the

land is approved under this scheme or by a permit issued under this scheme and
the permit has not expired.
– The construction or carrying out of the approved building or works on the land has
started lawfully.
– The subdivision does not create a vacant lot.
Demolish or remove an outbuilding (including a carport, garage, pergola, verandah,

deck, shed or similar structure) unless the outbuilding is specified in the schedule to
the Heritage Overlay.
Demolish or remove a fence unless the fence is specified in the schedule to the Heritage
Overlay.
Externally alter a non-contributory building.
External painting.
Construct a fence.
Construct a carport, garage, pergola, verandah, deck, shed or similar structure.
Construct and install domestic services normal to a dwelling.
Construct and install a non-domestic disabled access ramp.
Construct a vehicle cross-over.
Construct a domestic swimming pool or spa and associated mechanical equipment

and safety fencing.
Construct a rainwater tank.
Construct or display a sign.
Lop a tree.
Construct or install a solar energy system attached to a dwelling or small second

dwelling.
Construct and install an electric vehicle charging station.
Construct and install services normal to a building other than a dwelling or small second
dwelling, including chimneys, flues, skylights, heating and cooling systems, hot water
systems, security systems and cameras, downpipes, window shading devices, or
similar.
43.01-2 Places in the Victorian Heritage Register

21/11/2017
VC141 A heritage place which is included in the Victorian Heritage Register is subject to the requirements
of the Heritage Act 2017.
Permit requirement
A permit is required under this overlay to subdivide a heritage place which is included in the
Victorian Heritage Register. This includes the subdivision or consolidation of land including any
building or airspace.
Page 517 of 1195

Referral of applications
An application to subdivide a heritage place which is included in the Victorian Heritage Register
must be referred to the relevant referral authority under Section 55 of the Act in accordance with
Clause 66 of this scheme.
43.01-3 No permit required

14/12/2023
VC253 No permit is required under this overlay:
For anything done in accordance with an incorporated plan speci昀椀ed in a schedule to this
overlay.
To internally alter a church for liturgical purposes if the responsible authority is satis昀椀ed that
the alterations are required for liturgical purposes.
For interments, burials and erection of monuments, re-use of graves, burial of cremated remains
and exhumation of remains in accordance with the Cemeteries and Crematoria Act 2003.
To develop a heritage place which is included in the Victorian Heritage Register, other than an
application to subdivide a heritage place of which all or part is included in the Victorian Heritage
Register.
To construct a building or construct or carry out works for a small second dwelling if all the
– The building height must not exceed 5 metres.
– The building must be 昀椀nished using muted tones and colours.

14/12/2023
VC253 An application under this overlay for any of the following classes of development is exempt from
the notice requirements of section 52(1) (a), (b) and (d), the decision requirements of section 64(1),
(2) and (3) and the review rights of section 82(1) of the Act:
Demolition or removal of an outbuilding (including a carport, garage, pergola, verandah, deck,
shed or similar structure) unless the outbuilding is speci昀椀ed in the schedule to this overlay.
Demolition or removal of a fence unless the fence is speci昀椀ed in the schedule to this overlay.
External alteration of a building.
External painting.
Construction of a fence.
Construction of a carport, garage, pergola, verandah, deck, shed or similar structure.
Domestic services normal to a dwelling.
Carry out works, repairs and routine maintenance.
Internally alter a building.
Non-domestic disabled access ramp.
Construction of a vehicle cross-over.
Construction of a domestic swimming pool or spa and associated mechanical equipment and
safety fencing.
Construction of a tennis court.
Construction of a rainwater tank.
Construction or display of a sign.
Lopping of a tree.
Page 518 of 1195

Construction of seating, picnic tables, drinking taps, barbeques, rubbish bins, security lighting,
irrigation, drainage or underground infrastructure, bollards, telephone boxes.
Roadworks.
An electric vehicle charging station.
Services normal to a building other than a dwelling or a small second dwelling, including
and cameras, downpipes, window shading devices, or similar.
43.01-5 Statements of significance

24/01/2020
VC160 The schedule to this overlay must specify a statement of signi昀椀cance for each heritage place
included in the schedule after the commencement of Amendment VC148. This does not apply to:
A heritage place included in the schedule to this overlay by an amendment prepared or authorised
by the Minister under section 8(1)(b) or section 8A(4) of the Act before or within three months
after the commencement of Amendment VC148.
A registered heritage place included in the Victorian Heritage Register established under Part
3 of the Heritage Act 2017.
A heritage place included in the schedule to this overlay on an interim basis.
43.01-6 Heritage design guidelines

31/07/2018
VC148 The schedule to this overlay may specify heritage design guidelines for any heritage place included
in the schedule. A heritage design guideline must not contain any mandatory requirements.

31/07/2018
VC148 An application must be accompanied by any information speci昀椀ed in the schedule to this overlay.

24/01/2020
The signi昀椀cance of the heritage place and whether the proposal will adversely affect the natural
or cultural signi昀椀cance of the place.
Any applicable statement of signi昀椀cance (whether or not speci昀椀ed in the schedule to this
overlay), heritage study and any applicable conservation policy.
Any applicable heritage design guideline speci昀椀ed in the schedule to this overlay.
Whether the location, bulk, form or appearance of the proposed building will adversely affect
the signi昀椀cance of the heritage place.
Whether the location, bulk, form and appearance of the proposed building is in keeping with
the character and appearance of adjacent buildings and the heritage place.
Whether the demolition, removal or external alteration will adversely affect the signi昀椀cance
of the heritage place.
Whether the proposed works will adversely affect the signi昀椀cance, character or appearance of
the heritage place.
Whether the proposed subdivision will adversely affect the signi昀椀cance of the heritage place.
Whether the proposed subdivision may result in development which will adversely affect the
signi昀椀cance, character or appearance of the heritage place.
Page 519 of 1195

Whether the proposed sign will adversely affect the signi昀椀cance, character or appearance of
the heritage place.
Whether the lopping or development will adversely affect the health, appearance or signi昀椀cance
of the tree.
Whether the location, style, size, colour and materials of the proposed solar energy system will
adversely affect the signi昀椀cance, character or appearance of the heritage place.
43.01-9 Use of a heritage place

31/07/2018
VC148 A permit may be granted to use a heritage place (including a heritage place which is included in
the Victorian Heritage Register) for a use which would otherwise be prohibited if all of the following
apply:
The schedule to this overlay speci昀椀es the heritage place as one where prohibited uses may be
permitted.
The use will not adversely affect the signi昀椀cance of the heritage place.
The bene昀椀ts obtained from the use can be demonstrably applied towards the conservation of
the heritage place.
Decision guidelines
authority must consider the effect of the use on the amenity of the area.
43.01-10 Aboriginal heritage places

31/07/2018
VC148 A heritage place speci昀椀ed in the schedule to this overlay as an Aboriginal heritage place is also
subject to the requirements of the Aboriginal Heritage Act 2006.
Page 520 of 1195

16/05/2019
C215whse
SCHEDULE TO CLAUSE 43.01 HERITAGE OVERLAY

28/02/2019
GC117 None speci昀椀ed.
2.0 Heritage places

27/03/2024
C230whse The requirements of this overlay apply to both the heritage place and its associated land.
PS Heritage place External Internal Tree controls Solar energy Outbuildings Included on the Prohibited Aboriginal
map paint alteration apply? system controls or fences not Victorian uses heritage
ref controls controls apply? exempt Heritage permitted? place?
apply? apply? under Register under
Clause the Heritage
43.01-4 Act 2017?
HO1 Primary School No. 461 – - - - - - yes no no

Former Burwood School
Ref No H975
(Former Wesleyan Day School)
The heritage place includes
Former Protestant Hall
172-174 Burwood Highway,
Burwood
HO3 Former Standard Brickworks - - - - - yes yes no

14 Federation Street, Box Hill Ref No H720
HO4 WattlePark - - - - - yes yes no

1012 Riversdale Road, Ref No 904
Burwood
HO5 Wunderlich/Monier Terracotta - - - - - yes no no

Roof Tiles Complex
Ref No H1008
656 Mitcham Road, Vermont
HO6 FormerSt George’sChurch yes no no Yes no no no no

370 Mont Albert Road, Mont
Albert
Page 521 of 1195

Clause the Heritage
43.01-4 Act 2017?
(Heritage place is defined as

the original church Building
only)
HO7 Former Mitcham and Blackburn yes yes yes Yes no no no no

Shire Offices
360-362 Whitehorse Road,
Nunawading
HO8 Pound House yes no no Yes no no no no

988 Canterbury Road, Box Hill
HO10 Albion no no no Yes no no no no

50 Albion Road, Box Hill
HO11 Marlefield House no no no Yes no no no no

4 Albert Street, Mitcham
HO12 9 Albert Street, Mitcham no no no Yes no no no no
HO13 10 Albert Street, Mitcham no no no Yes no no no no
H014 Banff no no no Yes no no no no

H015 3 Almondsbury Court, no no no Yes no no no no

Blackburn
H016 SurreyHillsPrimary School no no no Yes no no no no

2 Beatrice Avenue, Surrey Hills
HO17 5 Benares Street, Mitcham no no no Yes no no no no
HO18 8 Benares Street, Mitcham no no no Yes no no no no
HO19 Dulce Domum no no no Yes no no no no
Page 522 of 1195

Clause the Heritage
43.01-4 Act 2017?
39 Blackburn Road, Blackburn
HO20 17 Blenheim Avenue, Surrey no no no Yes no no no no

Hills
HO21 Bronte no no no Yes yes no no no

5 Bronte Avenue, Burwood outbuilding
HO22 Hethersett no no no Yes no no no no

Burwood
the buildings known as
Hethersett House and
Hethersett Hall, and land within
5 metres of these buildings,
excluding the Boarding House.
Also includes land within the
circular driveway to the south
of Hethersett House).
HO23 Australian Road Research no no no Yes no no no no

Board
Vermont South
the ARRB building and
surrounds on Lot 1 on PS
518296N.)
Statement of significance
Former Australian Road
Research Board, 490-500
Burwood Highway, Vermont
South - Statement of
Significance (Whitehorse City
Council, June 2023)
Page 523 of 1195

Clause the Heritage
43.01-4 Act 2017?
HO24 Goodwood no no no Yes no no no no

744 Canterbury Road, Surrey
Hills
HO25 Mount Pleasant Uniting Church no no no Yes no no no no

333A Canterbury Road, Forest
Hill
HO26 Silver Mist no no no Yes no no no no

134 Central Road, Blackburn
HO27 Mont Albert Railway Station yes no no Yes no no no no

7 Windsor Crescent, Mont
Albert
HO28 Carbethon no no no Yes no no no no

50 Churchill Street, Mont Albert
HO29 Yarra Lea no no no Yes no no no no

64 Churchill Street, Mont Albert
HO30 Schwerkolt’s Cottage no no no Yes no no no no

2-10 Deep Creek Road,
Mitcham
HO31 83-87 Dorking Road, Mont no no no Yes no no no no

Albert North
HO32 FormerBoxHillTechnicalSchool no no no Yes no no no no

19 Dunloe Avenue, Mont Albert
North
HO33 Glenthorne no no no Yes no no no no

14 Edyvean Street, Surrey Hills
Page 524 of 1195

Clause the Heritage
43.01-4 Act 2017?
HO34 MMBW Water Tower no no no Yes no no no no

313 Elgar Road, Surrey Hills
HO35 Estherville no no no Yes no no no no

366 Elgar Road, Box Hill
HO36 12 Fuchsia Street, Blackburn no no yes Yes no no no no

hedge
HO37 20 Fuchsia Street, Blackburn no no no Yes no No no no
HO38 26 Fuchsia Street, Blackburn no no no Yes no No no no
HO39 6 Furness Street, Blackburn no no no Yes no No no no
HO40 Urara no no no Yes no no no no

2 Gordon Crescent, Blackburn
HO41 Rheims no no no Yes no no no no

HO42 The Grange no no no Yes no no no no

HO43 18 Gordon Crescent, Blackburn no no yes Yes no no no no

English Oak
HO44 33 Haines Street, Mitcham no no no Yes no no no no
HO46 Wittenham no no no Yes yes no no no

2 Hayward Court, Vermont outbuildings
HO47 10 Heatherlea Court, Blackburn no no no Yes no no no no

North
Page 525 of 1195

Clause the Heritage
43.01-4 Act 2017?
HO48 EastBurwoodPrimary School no no no Yes no no no no

401 Blackburn Road, East
Burwood
HO49 44 Husband Road, Forest Hill no no no Yes no no no no
HO50 Harwood no no no Yes no no no no

17-21 Junction Road,
Blackburn North
HO51 Alta Mira no no no Yes no no no no

25 Junction Road, Blackburn
North
HO52 47-49 Kitchener Street, Box Hill no no no Yes no no no no
HO53 Pyramis no no no Yes no no no no

15 Laurel Grove, Blackburn
HO54 54 Maple Street, Blackburn no no no Yes yes no no no

fence
HO55 Bona Vista no no no Yes no no no no

1B Marlborough Street, Mont
Albert
HO56 5 Meerut Street, Mitcham no no no Yes no no no no
HO57 8 Meerut Street, Mitcham no no no Yes no no no no
HO58 BoxHillCemetery Columbarium - - - - - yes no no

and Myer Memorial
Ref No H2045
395 Middleborough Road, Box
Hill
HO59 381 Mitcham Road, Mitcham no no no Yes no no no no
Page 526 of 1195

Clause the Heritage
43.01-4 Act 2017?
HO60 Glenhowan no no no Yes no no no no

456 Mitcham Road, Mitcham
HO61 St Luke’s Anglican Church no no no Yes yes no no no

Complex
fence
551 Mitcham Road, Vermont
HO62 Willowbank no no no Yes no no no

29 Moore Road, Vermont
HO63 Mirrabooka no no no Yes no no no no

30-34 Moore Road, Vermont
HO64 27 Morley Crescent, Mont no no no Yes no no no no

Albert North
HO65 58 Nicholson Street, no no no Yes no no no no

Nunawading
HO66 VermontPrimary School no no no Yes no no no no

4-10 Nurlendi Road, Vermont
HO67 St John’s Anglican Church no no no Yes no no no no

9-15 Queen Street, Blackburn
HO68 93-97 Railway Road, Blackburn no no no Yes no no no no
HO69 WattlePark Uniting Church no no no Yes no no no no

1201-1205 Riversdale Road,
Box Hill South
HO70 The Cottage no no no Yes no no no no

36 Scott Street, Vermont
HO71 Walyarra no no no Yes no no no no
Page 527 of 1195

Clause the Heritage
43.01-4 Act 2017?
21 Shady Grove, Nunawading
HO72 48 Shafer Road, Blackburn no no no Yes no no no no

North
HO73 Labedir no no no Yes no no no no

8 Smithfiled Walk, Vermont
HO74 104-110 South Parade, no no no Yes no no no no

Blackburn
HO75 Lydswood no no no Yes yes no no no

12 Stanhope Street, Surrey outbuildings
Hills
HO76 GwyntonPark no no no Yes no no no no

355 Station Street, Box Hill
the administration building
c1907, land within 2 metres of
the building and the front
setback between the building
and the Station Street
boundary)
HO77 FormerWesleyanMethodistChurch no no no Yes no no no no

HO78 Daniel Robertson Brickworks no no no Yes no no no no

58 Station Street, Nunawading
the smokestack only and 2
metres surrounding the
smokestack)
Page 528 of 1195

Clause the Heritage
43.01-4 Act 2017?
HO79 106 Surrey Road, Blackburn no no no Yes no no no no

North
HO80 Plumstead no no no Yes no no no no

77 Terrara Road, Vermont
HO81 1 The Avenue, Blackburn no no yes Yes no no no no

hedge
HO82 Ednie House no no no Yes no no no no

3A The Avenue, Blackburn
HO83 32 Thomas Street, Mitcham no no no Yes no no no no
HO84 13 Victoria Crescent, Mont no no no Yes no no no no

Albert
HO85 17 Victoria Crescent, Mont no no no Yes no no no no

Albert
HO86 17 Vivian Street, Blackburn no no no Yes no no no no

North
HO87 Terreglea no no no Yes no no no no

79 Warrigal Road, Surrey Hills
HO88 30-32 Watts Street, Box Hill no no no Yes no no no no
HO89 BlackburnPrimary School no no no Yes no no no no

Blackburn
the brick school buildings
originally constructed in 1889
and 1923, fronting Whitehorse
Road and excluding the timber
Page 529 of 1195

Clause the Heritage
43.01-4 Act 2017?
classrooms attached to the

northern wall of the brick
buildings).
HO90 St Andrew’s UnitingChurch no no no Yes no no no no

909-911 Whitehorse Road, Box
Hill
HO91 FormerColonialGasAssociationBuilding no no no Yes no no no no

Hill
HO92 Former Railway Hotel no no no Yes no no no no

Hill
HO93 958-964 Whitehorse Road, Box no no no Yes no no no no

Hill
HO94 BoxHillTown Hall no no no Yes no no no no

1022 Whitehorse Road, Box
Hill
HO95 Allandale no no no Yes no no no no

431 Whitehorse Road, Mitcham
HO96 All Saints (Former Christ - - - - - yes yes no

Church) Anglican Church
Ref No H2302
Complex
469 – 471 Whitehorse Road,
Mitcham
HO97 5 Wolseley Crescent, no no no Yes yes no no no

Blackburn
outbuildings
HO98 Glendale no no no Yes no no no no
Page 530 of 1195

Clause the Heritage
43.01-4 Act 2017?
63 Woodhouse Grove, Box Hill

North
(Heritage place excludes
existing outbuilding c1930)
H099 Former Wesleyan Chapel - - - - - yes yes no

147 Woodhouse Grove, Box Ref No H2010
Hill North
HO100 Churchill Street Precinct, Mont no no no Yes no no no no

Albert
HO101 Combarton Street Precinct, Box yes no no Yes no no no no

Hill
HO102 Mont Albert Residential no no no Yes no no no no

Precinct, Mont Albert
HO103 Mont Albert Shopping Centre yes no no Yes no no no no

Precinct, Mont Albert
HO104 122 Windsor Crescent, Surrey no no no Yes no no no no

Hills
HO105 36 View Street, Surrey Hills no no no Yes no no no no
HO106 Burwood Heights Uniting no no no Yes no no no no

Church
347 Blackburn Road, Burwood
East
HO107 Greenways no no no Yes no no no no

142 Boronia Road, Vermont
HO108 Tyneholm no no no Yes no no no no

Page 531 of 1195

Clause the Heritage
43.01-4 Act 2017?

the building known as
Tyneholm, land within the front
setback and land within a 5
metre setback on all remaining
sides of Tyneholm.)
HO110 Montana no no no Yes no no no no

12/5 Longland Road, Mitcham
HO111 58-60 Lucknow Street, Mitcham no no no Yes no no no no
HO112 The Wattles no no no Yes no no no no

129 Mount Pleasant Road,
Forest Hill
HO113 Strathdon no no no Yes no no no no

449-465 Springvale Road,
Forest Hill
HO114 Shops no no no Yes no no no no

566-572 Station Street, Box Hill
HO115 Former Ellingworth’s Estate no no no Yes no no no no

Agency and Shops
HO116 Former State Savings Bank no no no Yes no no no no

953 Whitehorse Road, Box Hill
HO117 Former Box Hill Girls’ Technical no no no Yes no no no no

School
Hill
Page 532 of 1195

Clause the Heritage
43.01-4 Act 2017?
HO118 Vermont Park Precinct no no no Yes no no no no
HO119 Melbourne Water Tower no no no Yes no no no no

37 Lucknow Street, Mitcham
HO120 Emilla Villa no no no Yes no no no no

2-8 Albany Crescent, Surrey
Hills
HO121 Newnham no no no Yes no no no no

15 Albany Crescent, Surrey
Hills
HO122 Villaseca no no no Yes no no no no

Hills
HO123 Bencairn no no no Yes no no no no

Hills
HO124 The Hawthorns no no no Yes no no no no

Hills
HO125 Turriff no no no Yes no no no no

HO126 8 Alexandra Crescent, Surrey no no no Yes no no no no

Hills
HO127 Callignee no no no Yes no no no no

14 Balmoral Crescent, Surrey
Hills
HO128 Marminta no no no Yes no no no no
Page 533 of 1195

Clause the Heritage
43.01-4 Act 2017?
18 Balmoral Crescent, Surrey

Hills
HO129 3 Beatty Street, Mont Albert no no no Yes no no no no
HO130 8 Bruce Street, Mitcham no no no Yes no no no no
HO131 36 Burnett Street, Mitcham no no no Yes no no no no
HO132 St Stephen’s Presbyterian no no no Yes no no no no

Church
Hills
HO133 695 Canterbury Road, Surrey no no no Yes no no no no

Hills
HO134 The Knoll no no no Yes no no no no

Hills
HO135 Holm-Lea no no no Yes no no no no

HO136 Whitchurch no no Mature trees – Yes no no no no

oak (dating from
16 Churchill Street, Mont Albert 1924)
HO137 36 Churchill Street, Mont Albert no no no Yes no no no no
HO141 363 Elgar Road, Surrey Hills no no no Yes no no no no
HO142 434 Elgar Road, Box Hill no no no Yes no no no no
Page 534 of 1195

Clause the Heritage
43.01-4 Act 2017?
HO143 14 Harrison Street, Mitcham no no no Yes no no no no
HO144 28 Laburnum Street, Blackburn no no no Yes no no no no
HO146 Dungarvan no no no Yes no no no no

3 Leopard Street, Surrey Hills
HO147 8 Louise Avenue, Surrey Hills no no no Yes no no no no
HO148 22 McDowall Street, Mitcham no no no Yes no no no no
HO150 380 Mont Albert Road, Mont no no no Yes no no no no

Albert
HO151 419 Mont Albert Road, Mont no no no Yes no no no no

Albert
HO152 Vivian no no no Yes no no no no

7-9 Russell Street, Surrey Hills
HO153 13 St James Avenue, Surrey no no no Yes no no no no

Hills
HO154 Wintersun no no no Yes no no no no

12 St Johns Avenue, Surrey
Hills
HO155 Nyora no no no Yes no no no no

15 St Johns Avenue, Surrey
Hills
HO156 Tamar no no no Yes no no no no

16 Station Street, Blackburn
HO157 Baptist Church, Box Hill no no no Yes no no no no
Page 535 of 1195

Clause the Heritage
43.01-4 Act 2017?
HO158 Avonlea no no no Yes no no no no

8 Valonia Avenue, Surrey Hills
HO159 9 Warrigal Road, Surrey Hills no no no Yes no no no no
HO160 88 Whitehorse Road, no no no Yes no no no no

Blackburn
HO161 Mitcham Post Office no no no Yes no no no no

HO162 Methodist Church no no Pine tree Yes no no no no

Mitcham

Hills

Hills
HO165 Galtee More no no no Yes no no no no

16 Windsor Crescent, Surrey
Hills
HO166 Camden no no no Yes no no no no

Hills
HO167 Ivy no no no Yes no no no no

Hills
HO168 Haryside no no no Yes no no no no
Page 536 of 1195

Clause the Heritage
43.01-4 Act 2017?

Hills
HO169 Roscrea no no no Yes no no no no

Hills

Hills
HO171 Waverley no no no Yes no no no no

Hills
HO172 12 Zetland Road, Mont Albert no no no Yes no no no no
HO175 11 Drewett Street, Surrey Hills no no no Yes no no no no
HO176 29 Erasmus Street, Surrey Hills no no no Yes no no no no
HO177 22 St Johns Avenue, Mont no no no Yes no no no no

Albert
HO178 Blacks Estate Precinct, Mont no no no Yes no no no no

Albert
HO179 Thomas Street Precinct, no no no Yes no no no no

Mitcham
HO180 Mount View Court Precinct, no no no Yes no no no no

Burwood
HO182 2 Court Street, Box Hill no no no Yes no no no no
Page 537 of 1195

Clause the Heritage
43.01-4 Act 2017?
HO185 38 Court Street, Box Hill no no yes Yes yes front no no no

stone fence
Irish Strawberry with circular
trees stone steps
HO189 36 Kangerong Road, Box Hill no no no Yes no no no no
HO191 Mates’ Housing Development no no no Yes yes no no no

Precinct
dairy
HO188 32-34 Kangerong Road, Box no no no Yes no no no no

Hill
HO190 34 Watts Street, Box Hill no no no Yes no no no no
HO192 21 Albany Crescent, Surrey no no no Yes no no no no

Hills
HO193 26 Albany Crescent, Surrey no no no Yes no no no no

Hills
HO194 38 Albert Crescent, Surrey Hills no no no Yes no no no no
HO195 Units 1-3, 1 Balmoral Crescent, no no no Yes no no no no

Surrey Hills

Hills
HO197 12 Louise Avenue, Surrey Hills no no no Yes no no no no
HO198 19 St Johns Avenue, Mont no no no Yes no no no no

Albert
Page 538 of 1195

Clause the Heritage
43.01-4 Act 2017?

Hills
HO200 106 Blackburn Road, Blackburn no no no Yes no no no no
HO201 187-189 Canterbury Road, no yes the entry no Yes yes no no no

Blackburn hall and two
stables
front rooms
HO203 3 Laurel Grove, Blackburn no no no Yes no no no no
HO204 22 Laurel Grove, Blackburn no no no Yes no no no no
HO205 10 Linum Street, Blackburn no no no Yes no no no no
HO207 18 Main Street, Blackburn no no no Yes no no no no
HO208 38 Myrtle Grove, Blackburn no no no Yes no no no no
HO209 18 The Avenue, Blackburn no no no Yes no no no no
HO210 27-29 The Avenue, Blackburn no no no Yes no no no no
HO211 33 The Avenue, Blackburn no no no Yes no no no no
HO212 William Street Precinct, Box Hill no no no Yes no no no no
HO213 1100 Whitehorse Road, Box no no no Yes no no no no

Hill
HO214 St Paschal’s Friary no no no Yes no no no no

90-100 Albion Road, Box Hill
HO215 28-30 AsquithStreet, Box Hill no no no Yes no no no no

South
HO216 Former Municipal Incinerator no no no Yes no no no no

Wembley Park
Page 539 of 1195

Clause the Heritage
43.01-4 Act 2017?
HO217 Surrey Dive and surrounds no no no Yes no no no no

(Heritage place defined as The
Surrey Park Model Boat Club
building and the water hole and
land within 2 metres
surrounding)
HO219 Box Hill Cemetery no no yes Yes yes no no no

395 Middleborough Road, Box gates on
Hill and 1158-1160 Whitehorse Whitehorse
Road, Box Hill Road
(Heritage place defined as 395
Middleborough Road as well as
gates along 1158-1160
Whitehorse Road, trees
extending south from the gates
and the land within 2 metres
surrounding the trees and the
gates)
HO221 115 Shannon Street, Box Hill no no no Yes no no no no

North
HO222 467 Station Street, Box Hill no no no Yes no no no no
HO224 Kilrea no no no Yes no no no no


North

North
Page 540 of 1195

Clause the Heritage
43.01-4 Act 2017?

North
HO228 Tyne Street and Watts Street no no no Yes no no no no

Corner Precinct
Box Hill North
HO229 Box Hill Fire Station no no no Yes no no no no

Box Hill
HO230 Masonic Centre no no no Yes no no no no

1 Clarke Street, Blackburn
HO231 35 Glen Ebor Avenue, no no no Yes no no no no

Blackburn
HO232 Blackburn Scout Troop site no no no Yes no no no no

12 Lake Road, Blackburn
HO233 Burwood Cemetery no no yes Yes no no no no

Burwood
HO234 East Burwood Hall no no no Yes no no no no

310 Burwood Highway,
Burwood East
(Heritage place defined as East
Burwood Hall and land within
2 metres surrounding)
HO235 327 Warrigal Road, Burwood no no no Yes yes no no no

(eastern-most
outbuilding
only)
Page 541 of 1195

Clause the Heritage
43.01-4 Act 2017?
HO236 468 Mitcham Road, Mitcham no no no Yes yes no no no

fence
HO237 Dulverton no no no Yes no no no no

1 Lightfoot Street, Mont Albert
HO238 Nunawading Primary School no no no Yes no no no no

Nunawading
(Heritage place defined as the
1926 school building and land
within 2 metres surrounding)

Hills
HO240 Corcovado/Varndean no no no Yes no no no no

Hills
HO241 Corio Bay Villa no no no Yes no no no no

1/42 Newton Street, Surrey
Hills
HO242 Alexander Street Precinct, Box yes no no Yes no no no no

Hill
HO243 Windsor Park Estate, Surrey no no no Yes no no no no

Hills
HO244 Box Hill Commercial Area no no no Yes no no no no
HO245 Horse Trough no no no Yes no no no no

179 Blackburn Road Blackburn
cnr Canterbury Road
Page 542 of 1195

Clause the Heritage
43.01-4 Act 2017?
Heritage place defined as the

horse trough and 1 metre
surrounding it.
HO246 Box Hill Community Arts Centre yes no no Yes no no no no

HO247 Mont Albert Primary School no no no Yes no no no no

21-23 Inglisby Road Mont
Albert
Heritage place defined in
accordance with citation
contained in the Whitehorse
Heritage Review 2012
HO248 Box Hill High School no no yes Yes no no no no

Hill
HO249 Former Kildonan Children’s no no yes Yes no no no no

Home
70 Elgar Road, Burwood
HO252 South African and China War no no no Yes no no no no

Memorial
Whitehorse Road Median Strip,
Box Hill
Page 543 of 1195

Clause the Heritage
43.01-4 Act 2017?
Heritage place is defined as the

memorial and 1 metre
surrounding it.
HO253 World War 1 Memorial no no no Yes no no no no

Blackburn
Moreton Park, Central Road
Blackburn
surrounding it.
HO254 World War 1and 2 Memorials no no no Yes no no no no

Box Hill
Box Hill Gardens, Nelson St,
Box Hill,
2 memorials and 1 metre
surrounding them.
HO255 World War 1 Memorial Mitcham no no no Yes no no no no

Halliday Park, Mitcham Road
Mitcham
surrounding it.
HO257 Box Hill Swimming Pool no no no Yes no no no no

Precinct
accordance with the citation
HO259 Former Methodist Church no no no Yes no no no no
Page 544 of 1195

Clause the Heritage
43.01-4 Act 2017?
679-681 Canterbury Road,

Surrey Hills
HO260 The Avenue Uniting Church no no no Yes no no no no

(Former Presbyterian Church)
38-44 Blackburn Road,
Blackburn
HO261 St. Augustine’s Church of no no no Yes no no no no

England
38 Bundoran Parade, Mont
Albert North
HO262 St. Benedict’s Roman Catholic no no no Yes no no no no

Church
299 Warrigal Road, Burwood
Heritage place is defined in
HO263 Former Chapel of St. Joseph - - - - - yes yes no

27-29 Strabane Avenue, Mont Ref No H2351
Albert North
HO Colinruby yes no no Yes no no no no

264
7 Pembroke Street, Surrey Hills
HO265 Glengordon yes no no Yes no no no no

26 Thames Street, Box Hill
HO266 42 Bishop Street, Box Hill yes no no Yes no no no no
HO267 Wattle House yes no no Yes no no no no

99B Carrington Road, Box Hill
Page 545 of 1195

Clause the Heritage
43.01-4 Act 2017?
HO268 Woodleys yes no no Yes no no no no

15 Hopetoun Parade
HO269 Barcore yes no no Yes no no no no

25 Hopetoun Parade Box Hill
HO270 Machadodorp yes no no Yes no no no no

Hill
HO271 14 Harding Street, Surrey Hills yes no no Yes no no no no
HO272 Former ATV O television yes no no Yes no no no no

studios
104-168 Hawthorn Road,
Forest Hill
Heritage place is defined in
HO276 1 Laurencia Court, Mont Albert no no no Yes no no no no
HO277 Indiana (Flats) no no no Yes no no no no

96 Severn Street, Box Hill
HO278 453 Whitehorse Road, Mitcham no no no Yes no no no no
HO279 Tristan’s Journey – sculpture no no no Yes no no no no

HO280 AV Jennings Estate Precinct no no no Yes no no no no

Spencer Street/ Springvale
Road, Nunawading
Page 546 of 1195

Clause the Heritage
43.01-4 Act 2017?
HO281 Burwood Skyline Drive-In no no no Yes no no no no

Cinema
Burwood Highway, Burwood
HO282 Concept Constructions Display no no no Yes no no no no

Homes Precinct
Canterbury Road, Forest Hill
HO283 24 Arnott Street, Mont Albert no no no Yes no no no no

North
HO284 150 Canterbury Road, no no no Yes no no no no

Blackburn South
HO285 1 Gracefield Drive, Box Hill no no no Yes no no no no

North
HO286 4 Ian Grove, Burwood no no no Yes no no no no
HO287 7 Norris Court, Blackburn no no no Yes no no no no
HO288 1163 Riversdale Road, Box Hill no no no Yes no no no no

South
HO289 40 Somers Street, Burwood no no no Yes no no no no
HO290 Former ES&A bank no no no Yes no no no no

Nunawading
HO291 1 Verona Street, Vermont no no no Yes no no no no

South
HO292 Wildwood no no no Yes no no no no

3 Villa Mews, Vermont
HO293 359 Whitehorse Road, no no no Yes no no no no

Nunawading
Page 547 of 1195

Clause the Heritage
43.01-4 Act 2017?
HO295 65 Esdale Street, Nunawading no no no Yes no no no no
HO296 Minamere no no no Yes no no no no

42-48 Glenburnie Road,
Mitcham
Statement of significance:
‘Minamere’ 42-48 Glenburnie
Road, Mitcham - Statement of
Significance (Whitehorse City
Council 2019)
Page 548 of 1195

43.02 DESIGN AND DEVELOPMENT OVERLAY

31/07/2018
VC148 Shown on the planning scheme map as DDO with a number.
Purpose
To identify areas which are affected by speci昀椀c requirements relating to the design and built form
of new development.
43.02-1 Design objectives

19/01/2006
VC37 A schedule to this overlay must contain a statement of the design objectives to be achieved for the
area affected by the schedule.

14/12/2023
VC253
Permit requirement
Construct a building or construct or carry out works. This does not apply:
– To the construction of an outdoor swimming pool associated with a dwelling unless a speci昀椀c
requirement for this matter is speci昀椀ed in a schedule to this overlay.
– To the construction of a building or construction or carrying out of works for a small second
dwelling if all the following requirements are met:
The building height must not exceed 5 metres.
The building must be 昀椀nished using muted tones and colours.
Construct a fence if speci昀椀ed in a schedule to this overlay.

Buildings and works must be constructed in accordance with any requirements in a schedule to
this overlay. A schedule may include requirements relating to:
Building setbacks.
Building height.
Plot ratio.
Landscaping.
Any other requirements relating to the design or built form of new development.
A permit may be granted to construct a building or construct or carry out works which are not in
accordance with any requirement in a schedule to this overlay, unless the schedule speci昀椀es
otherwise.
2.

Page 549 of 1195


An outdoor swimming pool.

Construct a building or construct or carry out works with an estimated cost Clause 59.05
of up to $1,000,000 where the land is in an industrial zone.
Construct a building or construct or carry out works with an estimated cost Clause 59.05
of up to $500,000 where the land is in a commercial zone or a Special Use,
Comprehensive Development, Capital City, Docklands, Priority Development
or Activity Centre Zone.

A schedule to this overlay may specify that an application is exempt from the notice requirements
43.02-3 Subdivision
31/07/2018
VC148
Permit requirement
This does not apply if a schedule to this overlay speci昀椀cally states that a permit is not required.
Subdivision must occur in accordance with any lot size or other requirement speci昀椀ed in a schedule
to this overlay.
A permit may be granted to subdivide land which is not in accordance with any lot size or other
requirement in a schedule to this overlay, unless the schedule speci昀椀es otherwise.
2.

requirements and
decision guidelines
where:

Page 550 of 1195


requirements and
decision guidelines


the land:

A schedule to this overlay may specify that an application is exempt from the notice requirements
43.02-4 Signs
31/07/2018
VC148 Sign requirements are at Clause 52.05 unless otherwise speci昀椀ed in a schedule to this overlay.

31/07/2018

31/07/2018
The design objectives of the relevant schedule to this overlay.
The provisions of any relevant policies and urban design guidelines.
Whether the bulk, location and appearance of any proposed buildings and works will be in
keeping with the character and appearance of adjacent buildings, the streetscape or the area.
Whether the design, form, layout, proportion and scale of any proposed buildings and works
is compatible with the period, style, form, proportion, and scale of any identi昀椀ed heritage places
surrounding the site.
Whether any proposed landscaping or removal of vegetation will be in keeping with the character
and appearance of adjacent buildings, the streetscape or the area.
The layout and appearance of areas set aside for car parking, access and egress, loading and
unloading and the location of any proposed off street car parking
Whether subdivision will result in development which is not in keeping with the character and
appearance of adjacent buildings, the streetscape or the area.
Page 551 of 1195

21/07/2022
C222whse
SCHEDULE 1 TO CLAUSE 43.02 DESIGN AND DEVELOPMENT OVERLAY
Shown on the planning scheme map as DDO1.
JEFFERY STREET AREA

21/07/2022
C222whse To control the construction and carrying out of buildings and works on the north side of Gardiners
Creek between Jeffery Street and Alandale Road to ensure the integrity of the Creek is not impaired.

21/07/2022
C222whse A permit is not required to construct a building or construct or carry out works on land outside the
hatched areas shown on Map 1 below.
On land in the hatched areas shown on the plan:
A permit is required to construct a fence.
A building must not be constructed except for an outbuilding that does not exceed 10 square
metres as shown on the plan. A permit cannot be granted to construct a building which is not
in accordance with this requirement.
3.0 Subdivision
21/07/2022
4.0 Signs
21/07/2022

21/07/2022

21/07/2022
The maintenance of an adequate buffer strip along Gardiners Creek.
Page 552 of 1195

Page 553 of 1195

21/07/2022
C222whse
GARDINER’S CREEK ENVIRONS

21/07/2022
C222whse To protect the integrity and amenity of the Gardiner’s Creek Linear Reserve and the adjoining
residential area.
To direct and provide suitable and safe movement for pedestrians across the Gardiner’s Creek
Linear Reserve.

21/07/2022
3.0 Subdivision
21/07/2022
4.0 Signs
21/07/2022

21/07/2022

21/07/2022
The primary purpose of the use of the land as a University and the need to develop the land to
serve this primary purpose.
The interface with adjoining land, especially the relationship with the Gardiner’s Creek Linear
Reserve.
The location and type of access to the site of the building or works.
The appearance and bulk of buildings having regard to the Gardiner’s Creek Linear Reserve.
The justi昀椀cation for any building within 60 metres of the banks of Gardiner’s Creek, which is
higher than 6 metres above ground level.
The provision of landscaping and beauti昀椀cation.
emergency services and public transport to the building or works.
Loading and service areas to the building or works.
The effect of the proposed building or works on the amenity of the Gardiner's Creek Linear
Reserve.
The environmental impacts of any pedestrian linkages across the Gardiner’s Creek Linear
Reserve.
Page 554 of 1195

21/07/2022
C222whse
DEAKIN UNIVERSITY – ‘NORTHERN OVAL’ SITE

21/07/2022
C222whse To ensure that the ‘Northern Oval’ site is used for recreational purposes.

21/07/2022
C222whse A permit is not required to construct or carry out works associated with the active and passive
recreational use of the land.
No building may be constructed on the land. A permit cannot be granted to construct a building
which is not in accordance with this requirement.
3.0 Subdivision
21/07/2022
4.0 Signs
21/07/2022

21/07/2022

21/07/2022
Page 555 of 1195

21/07/2022
C222whse
NEIGHBOURHOOD ACTIVITY CENTRES

21/07/2022
C222whse To ensure new development is designed to facilitate a lively, attractive and safe local activity
centre, and assist in improving its economic viability.
To ensure new development is designed to respond to the immediate site environs, re昀氀ect the role
of the centre and enhance the character of the surrounding residential area.
To ensure new buildings incorporate design detail that provides a high quality and visually
interesting interface with the streetscape (including internal streets within larger centres) and the
surrounding residential area, addressing issues of amenity, functionality, adaptability and
accessibility.
To ensure new buildings create a complementary interface to enhance the public realm.
To ensure new development is designed to minimise potential off-site impacts such as noise
(including from services), overlooking, access to sunlight, and light spillage on adjoining residential
properties.

21/07/2022
C222whse The following buildings and works requirements apply to an application to construct a building
or construct or carry out works:
Building heights
Buildings and works should not exceed the preferred maximum building height speci昀椀ed in
the table and maps to this schedule.
An application to exceed the preferred maximum building height must demonstrate how the
development will continue to achieve the Design Objectives and Built Form Outcomes of this
schedule, and any local planning policy requirements.
The preferred maximum building height excludes rooftop services which should be hidden
from view from any adjoining public space or designed as architectural roof top features.
Rooftop services includes but is not limited to plant rooms, air conditioning, lift overruns and
roof mounted equipment.
Where the property abuts a residentially zoned site, all measurements of height should be taken
from the abutting residential property boundary.
Building setbacks
Buildings and works should be in accordance with the preferred setbacks speci昀椀ed in the table
and maps to this Clause.
Properties abutting a residential zone must provide transitional upper level setbacks at the
residential interface to maintain the amenity of adjoining residential properties.
Built form for non-residential uses at ground level should provide active frontages to streetscapes.
Recessed upper levels are preferred to reduce the appearance of building bulk.
An application to vary the preferred setbacks must demonstrate how the development will
continue to achieve the Design Objectives and Built Form Outcomes of this schedule and any
local planning policy requirements.
Page 556 of 1195

Table to Schedule 4
N’hood Preferred Preferred Preferred Preferred Built form outcome

Activity maximum front (street) rear side
Centre height setbacks setbacks setbacks
Category
1A 11m (3 0m Where the Where the Development

storeys) rear of the lot side of the lot respects the low
Set back
abuts a abuts a scale built form
7.5m (2 upper levels
residential residential character of the
storeys) on a over 7.5m a
property or property, surrounding
boundary minimum of
street, set buildings over residential areas.
adjoining a 3m from the
back buildings 7.5 metres
residential front
a minimum of should be set
zone. boundary.
3 metres from back 1 metre
the rear from that
boundary. boundary.
Where the
rear of the lot
abuts a
laneway,
setback
buildings a
minimum of 1
metre from
the rear
boundary.
Set back
upper levels
over 7.5
metres a
minimum of 5
metres from
the rear
ground level
building
footprint.
1B 14.5m (4 0m Where the Where the Development

storeys) rear of the lot side of the lot respects the low
Set back
abuts a abuts a scale built form
residential residential character of the
storeys) on a over 7.5m a
property or property, surrounding
boundary minimum of
residential front
a minimum of should be set
zone. boundary.
3 metres from back 1 metre
the rear from that
boundary. boundary.
Where the
Where the
height
rear of the lot
exceeds 11
abuts a
metres, the
laneway, set
Page 557 of 1195


Category
back buildings setback

a minimum of should be
1 metre from setback 3
the rear metres from
boundary. that
boundary.
Set back
upper levels
over 7.5m a
minimum of
5m from the
rear ground
level building
footprint.
2A 14.5m (4 0m Where the Where the The scale of

storeys) rear of the lot side of the lot development
Set back
abuts a abuts a provides an
residential residential appropriate interface
storeys) on a over 11m a
property or property, with the surrounding
boundary minimum of
residential front
up to 7.5m in should be set
zone. boundary.
height a back 1 metre
minimum of 3 from that
metres from boundary.
the rear Where the
boundary. height
exceeds 11
Where the
metres, the
rear of the lot
setback
abuts a
should be
laneway, set
setback 3
back buildings
metres from
up to 7.5m in
that
height a
boundary.
minimum of 1
metre from
the rear
boundarySet
back upper
levels over
7.5m a
minimum of
5m from the
rear
boundary.
Set back
upper levels
over 11m a
minimum of
Page 558 of 1195


Category
5m from the
rear ground
level building
footprint.
2B 18m (5 0m Where the Where the The scale of

Set back
residential residential appropriate interface
storeys) on a over 11m a
property or property, with the surrounding
boundary minimum of
residential front
up to 7.5m in should be set
zone. boundary.
height a back 1 metre
minimum of 3 from the
metres from ground floor
the rear building
boundary. footprint.
Where the
Where the
height
rear of the lot
exceeds 11
abuts a
metres, the
laneway, no
setback
setback is
should be
required for
setback 3
buildings up
metres from
to 7.5m in
the ground
height.
floor building
Set back footprint.
upper levels
over 7.5m a
minimum of
5m from the
rear
boundary.
Set back
upper levels
over 11m a
minimum of
5m from the
rear ground
level building
footprint.
3 21.5m (6 0m Where the Where the The scale of

Set back
upper levels
residential appropriate interface
over 14.5m a
property or with the surrounding
street, set residential areas.
Page 559 of 1195


Category
minimum of residential back buildings

3m from the property or a minimum of
front street, set 5 metres from
boundary. back buildings the side
a minimum of boundary.
5 metres from The setback
the side or area should
rear be heavily
boundary. landscaped.
The setback
Set back
area should
upper levels
be heavily
over 14.5m a
landscaped.
minimum of
Where the 5m from the
side or rear of side ground
the lot abuts a level building
laneway, set footprint.
back buildings
a minimum of
3 metres from
the side or
rear
boundary.
The setback
area should
be heavily
landscaped.
Set back
upper levels
over 14.5m a
minimum of
5m from the
rear ground
level building
footprint.
3.0 Subdivision
21/07/2022
4.0 Signs
21/07/2022

21/07/2022
Page 560 of 1195


21/07/2022
An application to exceed the preferred maximum building height and/or vary the preferred
setbacks must demonstrate how the development will achieve the Design Objectives and Built
Form Outcomes of this schedule, and any local planning policy requirements;
Whether the proposed buildings or works achieve high or superior architectural quality;
Whether the proposed buildings or works achieve innovation with respect to environmental
sustainability;
Whether the proposed buildings or works involve innovative approaches to heritage fabric;
Whether the proposed buildings or works achieve an equivalent or better design outcome;
Whether the proposed buildings or works minimise impacts on amenity;
Whether the design response to the site context including heights and setbacks on adjoining
properties and existing neighbourhood character; and
Whether the proposed buildings or works achieve speci昀椀c urban design outcomes such as vista
retention, protection of the public realm from excessive shadowing, transition to other land, or
achieving speci昀椀c land use outcomes.
Neighbourhood Activity Centre Urban Design Guidelines (2014)
Page 561 of 1195

Neighbourhood Activity Centres Category Map
Page 562 of 1195

21/07/2022
C222whse
MITCHAM NEIGHBOURHOOD ACTIVITY CENTRE

21/07/2022
C222whse To ensure that the height of new development is compatible with the character and future role of
the Mitcham neighbourhood activity centre and adjacent areas.
To encourage opportunities for change to improve key sites within the neighbourhood activity
centre.
To facilitate a consistently high standard of architectural design for new development.
To encourage an appropriate transition in building height to the residential areas adjoining the
activity centre.
To preserve sun access to the footpaths and public spaces.
To encourage architectural design at the ground 昀氀oor level that activates the public realm.
To ensure active visual engagement between those in the street and the ground 昀氀oor of buildings.

21/07/2022
C222whse Buildings and works should not exceed the preferred maximum building height speci昀椀ed in the
table and maps to this schedule.
schedule and any local planning policy requirements.
Table to Schedule 5
Area Distance from boundary Preferred maximum Built Form Outcome

building height
1a (Coles site) 0 - 15 metres from the 8 - 11 metres (2 Development is consistent with

frontage to Victoria Avenue storeys) the traditional low rise,
character of the area’s built
form.
More than 15 metres from 15 metres (4 storeys) Provision of a podium.

the frontage to Victoria
Upper levels are setback to
Avenue and more than 18
read as a separate building
metres from the frontage to
form and to reduce building
Enterprise Way
bulk.
1b (Council land 0 - 3 metres from the 0 metres Provision of a landscape area

east of Coles) existing footpath along 3 metres wide along the
Mitcham Road, between eastern boundary to provide a
Enterprise Way and Victoria sensitive treatment between
Avenue. any building and the road
frontage.
More than 3 metres from 11 metres (3 storeys) Provision of a building envelope

eastern boundary 12 metres wide to step up from
the landscape area.
A pedestrian scale that
complements the existing
character.
Page 563 of 1195


building height
1c (Land south of 0 - 3 metres from frontage 0 metres Provision of a landscape area

Coles) to Enterprise Way 3 metres wide along Enterprise
Way to provide a sensitive
treatment between any building
and the road frontage.

frontage to Enterprise Way 15 metres wide to step up from
the landscape area.
character.
1d (Land adjoining 0 - 3 metres from frontage 0 metres Provision of a landscape area

multi-deck car park to Enterprise Way 3 metres wide along Enterprise
on north side of Way to provide a sensitive
Enterprise Way) treatment between any building
and the road frontage.

frontage to Enterprise Way 10 metres wide to step up from
the landscape area.
character.
1e (Balance of 0 metres 11 metres (3 storeys) A pedestrian scale that

centre between complements the existing
Whitehorse Road character.
and Enterprise
Way)
2a (Land between 0 - 6 metres from frontages 8 - 11 metres (2 - 3 A pedestrian scale that

Whitehorse Road, to Mitcham Road and storeys) complements the existing
Mitcham Road and Whitehorse Road and from character.
the the western boundary of
station-excluding 1 508 Whitehorse Road
– 19 Colombo
Street)
Balance of the sites 15 metres (4 storeys) Provision of a podium.

bulk.
3a (1 – 19 Colombo 0 - 6 metres from western 0 metres Provision of a landscape area

Street) boundary of the site 6 metres wide along the
western boundary to provide a
sensitive treatment to St Johns
Church and School.
3b (1 – 19 Colombo Between 6 and 12 metres 8 - 11 metres (2 - 3 Provision of a building envelope

Street) from western boundary storeys) 6 metres wide to step up from
the landscape area.
character.
3c (1 – 19 Colombo Balance of the site 15 metres (4 storeys) Provision of a podium.

Street)
bulk.
Page 564 of 1195


building height
3d (1 – 19 Colombo 3 metres from northern 20 metres (5 - 6 Upper levels are setback to

Street) boundary, 0 metres from storeys) read as a separate building
eastern boundary, 6 metres form and to reduce building
from southern boundary to bulk.
Colombo Street and 30
metres from the western
boundary
4a (Mitcham Hotel 0 - 6 metres from frontages 8 - 11 metres (2 - 3 Provision of a building envelope

site) to Mitcham Road and storeys) 6 metres wide to provide a
Whitehorse Road and all of pedestrian scale that
Lot 1 TP128342 located at complements the existing
the south-eastern corner of character.
the site
Balance of the site 15 metres (4 storeys) Provision of a podium.

bulk.
More than 6 metres from 20 metres (5 storeys) Upper levels are setback to
frontages to Mitcham Road read as a separate building
and Whitehorse Road, more form and to reduce building
than 25 metres from eastern bulk.
boundary, and more than 30
metres from southern
boundary
4b (balance of 0 metres 8 - 11 metres (2 - 3 A pedestrian scale that

centre east of storeys) complements the existing
Mitcham Road) character.
Provision of a sensitive built
form treatment at the residential
interfaces that is consistent with
the traditional low rise,
character of the adjacent areas.
3.0 Subdivision
21/07/2022
C222whse A permit is not required to subdivide land.
4.0 Signs
21/07/2022

21/07/2022

21/07/2022
Page 565 of 1195

Page 566 of 1195

Page 567 of 1195

Page 568 of 1195

27/03/2024
C230whse
490-500 BURWOOD HIGHWAY, VERMONT SOUTH (FORMER AUSTRALIAN ROAD RESEARCH

BOARD SITE)

27/03/2024
C230whse To facilitate an integrated residential development that delivers a range of housing typologies
including townhouses and apartments.
To support the adaptive reuse of the former Administration Building and a design response that
maintains views to the former Administration Building, particularly from Burwood Highway and
the existing western entry road.
To enhance the spacious landscaped setting of the Burwood Highway frontage and provide
landscaping that respects the existing landscape character of the site.
To ensure the form and scale of development appropriately responds and transitions to land in the
adjoining residential zone.
To ensure high quality architectural, urban design and landscape outcomes that are responsive to
the features and interfaces of the site.

27/03/2024
C230whse A permit is not required to:
Construct or extend one dwelling on a lot of more than 300 square metres.
Construct or extend an outbuilding (other than a garage or carport) on a lot provided the gross
昀氀oor area of the outbuilding does not exceed 10 square metres and the maximum building
Make structural changes to a dwelling provided the size of the dwelling is not increased, or the
number of dwellings is not increased and does not compromise the overall external design.
Undertake works associated with a preliminary risk screen assessment statement in accordance
with the Environment Protection Act 2017, or the remediation of the site in accordance with
or for the purpose of obtaining a certi昀椀cate or statement of environmental audit under the
Environment Protection Act 2017.
Construct a fence along the frontage to Burwood Highway.
The following buildings and works requirements apply to an application to construct a building
Built Form
All buildings and works should be generally in accordance with Figure 1 - Concept Plan.
All buildings must not exceed the mandatory maximum building heights (storeys and metres),
as indicated on the Figure 1 - Concept Plan. A planning permit cannot be granted to vary the
mandatory height requirements. The mandatory and preferred maximum building heights do
not apply to:
Page 569 of 1195

– Any structures speci昀椀ed in Clauses 62.02-1 and 62.02-2 that are exempt from requiring a
permit; and
– Rooftop plant and equipment, such as lift overruns and plant rooms that are integrated into
the design of the building, screened from surrounding streets and adjoining properties, and
attenuated to mitigate unreasonable noise impacts.
All buildings, except for landscaping, fences, services, drainage infrastructure, and pedestrian
and cycling access, must be set back in accordance with the mandatory minimum setbacks
shown in Figure I — Concept Plan. A planning permit cannot be granted to vary the mandatory
minimum setback requirement.
Apartment developments should only be developed in the locations identi昀椀ed for apartments
in Figure I — Concept Plan.
Apartment developments should include a distinct four storey podium element. Each level
above the podium should be set back to minimise visibility from internal streets, adjacent
residential properties and the Burwood Highway frontage. Balconies should not signi昀椀cantly
encroach into upper level setbacks.
The apartment form, identi昀椀ed by the Figure 1 – Concept plan as providing opportunities for
apartment development with a preferred maximum height of 19 metres (6 storeys) should
include:
– At least two separate building footprints.
– Generous separation between buildings to provide for landscaping, retention and/or planting
of trees, communal open space and circulation.
– Pedestrian links that are clear to the sky.
– Articulation at each elevation (both in style and through urban design features) to avoid
long, sheer, blank walls.
Townhouse development along the western and southern boundary should each include a
minimum of three (3) physical breaks to avoid a continuous wall of built form. The breaks in
built form should be landscaped and provide view corridors between each row of townhouses.
The upper levels of townhouses should be recessive. Separation should be provided between
the upper level of each townhouse to provide articulation and reduce visual bulk, particularly
when viewed from adjoining land zoned for residential purposes.
Dwellings should be designed to include opportunities for passive surveillance of the public
realm and communal open space.
Buildings should provide a high quality architectural response through appropriate building
massing and articulation, building materials, 昀椀nishes and design detail.
Development should be compatible with the landscape character of the site and surrounds.
Pedestrian and bicycle connections should be provided throughout the site, by a network of
streets and paths between buildings.
Development should provide a mix of dwelling sizes, including one, two and three bedroom
dwellings.
Former Administration Building
The former Administration Building should read as a standalone building from Burwood
Highway.
No buildings, except for landscaping, fences, services, drainage infrastructure, at-grade car
parking and access, are to be constructed between Burwood Highway and the north façade of
the former Administration Building. A planning permit cannot be granted to vary this
requirement.
Page 570 of 1195

Any car parking between Burwood Highway and the former Administration Building should
be subservient to the landscape setting.
Any proposed buildings and works at the rear of the former Administration Building should
be respectful of the mass, form and detail of the former Administration Building.
Any proposed buildings or works to extend above the former Administration Building should
be:
– Limited to one additional level above the eastern end of the building.
– Setback at least 2 metres from the north façade.
– Designed with a simple form and complementary materials to appear visually recessive
relative to the existing building.
Any proposed buildings or works to extend the footprint of the former Administration Building
should:
– Be to the rear (south) of the former Administration Building.
– Not exceed the height of the former Administration Building.
Landscaping
Where trees are to be removed, replace these with appropriate canopy tree species.
Provide new landscaping, including native canopy trees, and interconnected courtyards that
enhance the existing landscape character of the site.
Provide landscaped areas, including canopy trees, at the interfaces with land zoned for residential
purposes.
Provide robust, low maintenance and drought-tolerant landscaping that is dominated by canopy
vegetation.
Traf昀椀c and Transport
Provide safe and appropriate access to Burwood Highway.
Provide a permeable network of streets and open spaces to support safe and convenient vehicular,
pedestrian and cycling movements.
Provide appropriate road width to ensure practical and safe vehicle movements and to facilitate
on-street parking.
Car parking for apartment developments should be located at basement or semi-basement level.
Any proposed streets and on-street parking should allow suf昀椀cient space for driveways, canopy
tree planting in any proposed road reserves, utility services and emergency vehicle access.
3.0 Subdivision
27/03/2024
4.0 Signs
27/03/2024

27/03/2024
in addition to those speci昀椀ed elsewhere in the scheme and must accompany an application, as
appropriate, to the satisfaction of the responsible authority:
A Planning Report that demonstrates the proposal:
Page 571 of 1195

– Is in accordance with the provisions of this Scheme.

– Meets the design objectives and buildings and works requirements of this schedule.
A Heritage Impact Statement prepared by a suitably quali昀椀ed heritage practitioner that includes
an assessment of the impact of proposed development on the heritage signi昀椀cance of the place
and which demonstrates how the proposal mitigates and minimises adverse impacts on the
heritage signi昀椀cance of the place (as identi昀椀ed by the incorporated statement of signi昀椀cance).
A Conservation Management Plan (CMP) for the future conservation and adaptive reuse of the
former Administration Building. The plan must be prepared by a suitably quali昀椀ed heritage
practitioner, include a prioritised Schedule of Conservation and Maintenance Works, identify
how actions taken under the CMP will be documented and identify how outcomes will be
monitored.
A View Line Analysis and 3D modelling of proposed development from vantages along Burwood
Highway and areas surrounding the site to enable an assessment of the visual impact of the
development on the heritage place and the surrounding residential area.
A report from a suitably quali昀椀ed arborist that:
– Outlines the measures to be taken, particularly during the construction phase, to ensure the
long-term preservation of trees on, or adjoining , the development site.
A Landscape Report and accompanying plan that identi昀椀es vegetation to be retained, the future
landscape vision and landscape details for the site. Consideration must also be given to the
staged removal of any vegetation and replacement planting to ensure that a dominant canopy
tree presence at the interface is retained as the site is redeveloped.
A Traf昀椀c Engineering Report prepared by a suitably quali昀椀ed person con昀椀rming the suitability
of traf昀椀c and access arrangements and the adequacy of the car parking provision. The Report
must include:
– Details of the proposed access strategy to Burwood Highway, including how it interacts
with the Victoria Grange Retirement Village.
– Details of car parking and bicycle parking provision and anticipated traf昀椀c generation of
the proposal
– Any mitigation works necessary to accommodate the anticipated traf昀椀c generation, including
any mitigation works to provide necessary access and safety.
Plans which show, as relevant to the application:

– The location, height, dimensions and 昀氀oor area of the proposed building forms in the context
of the immediately surrounding area.
– The indicative stages in which the land is to be developed.
– The location of all vehicle, bicycle and pedestrian ways.
– The location and layout of all car and bicycle parking areas and access and views to and
from them.
– The location of all communal open space.
– The colours and details of materials to be used for external walls.
– Annotation of WSUD and ESD measures on relevant plans.
– The layout of vehicle and pedestrian access routes to surrounding public transport options.
A Waste Management Plan which provides details of waste collection, storage and removal
facilities and areas.
Page 572 of 1195

Figure 1 - Concept Plan
Page 573 of 1195


27/03/2024
Whether the proposal achieves the design objectives and the buildings and works requirements
of this schedule.
Whether the proposal is generally in accordance with Figure 1 – Concept Plan.
Whether the proposal achieves open, clear and unobstructed views to the former Administration
Building from Burwood Highway.
Whether the proposal conserves and enhances those elements which contribute to the signi昀椀cance
Whether the development provides an appropriate transition to the adjoining properties in the
residential zone.
The visual impact of upper levels of apartment developments when viewed from internal streets,
adjacent residential land and the Burwood Highway frontage.
Whether the scale, form, siting and design of new buildings, are sensitively integrated with the
landscape and maintain the prominence of the native canopy vegetation.
Whether the planting location of trees will enable the future growth of the canopy and root
system of the tree to maturity.
How the landscape design responds to the existing landscape character of the site.
Whether the proposal includes the retention of vegetation.
The compatibility of buildings and works with existing vegetation to be retained.
Whether replacement trees are of an appropriate species.
Whether the replacement tree species and planting locations con昀氀ict with existing or proposed
overhead wires, buildings, easements and existing trees.
The staging of development.
The movement of pedestrians and cyclists, delivery vehicles, waste removal vehicles, emergency
service vehicles and public transport.
The provision made for the storage of rubbish and materials for recycling in a manner that is
screened from the public/communal realm.
The proposed management arrangements for the maintenance of buildings, landscaping and
common areas.
The design of the proposed buildings and their relationship to the streetscape and surrounding
development and uses.
The potential impacts of stormwater runoff, 昀氀ooding and drainage.
Page 574 of 1195

21/07/2022
C222whse
85, 101–109 BURWOOD HIGHWAY AND 3 EDWARDS STREET, BURWOOD

21/07/2022
C222whse To encourage a transition between larger scale developments on Burwood Highway and residential
buildings to the north.
To ensure development responds appropriately to the opportunities and constraints of the slope
and cross-fall of the land.
To encourage development forms which reinforce the Burwood Highway corridor and the Burwood
Village Neighbourhood Activity Centre.
To encourage active frontages and opportunities for passive surveillance along Burwood Highway.
To take advantage of the northern aspect of the site for orientation of any residential development.
To contribute to the diversity of the urban character of the area by encouraging high quality and
visually stimulating new development.
To introduce a high quality landscape treatment to the site which contributes positively to the street
edges and to the setting of any building on the site.

21/07/2022
C222whse Buildings and works are considered to meet the design objectives for height and setbacks if:
They do not exceed the preferred maximum height and if they satisfy the preferred minimum
building setbacks speci昀椀ed in the table and plans to this schedule.
Minor buildings and works such as verandas, architectural features, balconies, sunshades, screens,
artworks and street furniture may be constructed within the speci昀椀ed setbacks provided they are
designed and located to the satisfaction of the responsible authority.
Table to Schedule 7
Preferred Maximum Preferred Number of Preferred Minimum Built Form Outcome

Building Height * Storeys Building Setback
8-11 metres within 7.5 2 3 metres from adjoining Provides a transition to

metres of a residential lot residential properties at residential properties to
ground floor the north.
11 metres along the 3
Burwood Highway 4 metres from adjoining Promotes a more
frontage residential properties at cohesive and consistent
first floor built form fronting
Burwood Highway in
15 metres (excluding 4 3 metres from Burwood terms of layout, massing
basement) towards the Highway and scale.
centre of the site, 3 metres from Edwards
provided taller elements Maintains and reinforces
Street for a distance of
are substantially the Burwood Highway
19 metres taken from the
recessed or obscured urban corridor.
northern boundary of the
from views from existing site. Improves the pedestrian
residential properties to environment
the north of the site.
* above natural ground level
3.0 Subdivision
21/07/2022
Page 575 of 1195

4.0 Signs
21/07/2022

21/07/2022

21/07/2022
Page 576 of 1195

21/07/2022
C222whse
BLACKBURN NEIGHBOURHOOD ACTIVITY CENTRE AND MEGAMILE (WEST) MAJOR

ACTIVITY CENTRE

21/07/2022
C222whse To ensure development is consistent with the background document MegaMile [west] and Blackburn
Activity Centres Urban Design Framework 2010 (the UDF) and Clause 22.09 Blackburn and
MegaMile (west) Activity Centres.
To create a strong and distinct image for both the MegaMile (west) and Blackburn Activity Centres.
To facilitate the redevelopment of potential opportunity sites and key gateway sites.
To encourage high quality design and modest built form accentuation on key gateway sites as
de昀椀ned by the UDF.
To ensure that new development is sensitively designed and complements or enhances the existing
character of the area including the protection of heritage buildings.
To encourage an appropriate transition in building heights to the residential areas adjoining the
activity centres.
To ensure that Environmentally Sustainable Development principles are incorporated into the
design of new development.
To ensure that buildings within core retail areas and along key pedestrian streets create a well
de昀椀ned and ‘active’ street edge.
To ensure the new development makes best use of available space, achieving a more compact and
sustainable urban form.
To ensure access for all levels of mobility and for all forms of travel.
To create a high quality pedestrian environment to encourage walking around the centres.
To encourage high quality landscaped frontages and avoiding car parking in front setbacks where
setbacks are preferred.
To ensure an acceptable interface is achieved between new development and the railway corridor.

21/07/2022
C222whse The following buildings and works requirements apply to an application to construct a building
Building heights
the tableand maps to this schedule.
schedule and any local planning policy requirements. Other decision guidelines include:
– Achieving high or superior architectural quality;
– Achieving innovation with respect to environmental sustainability;
– Involving innovative approaches to heritage fabric;
– Achieving an equivalent or better design outcome;
– Minimising impacts on amenity;
Page 577 of 1195

– The design response to the site context;

– Achieving speci昀椀c urban design outcomes such as vista retention, protection of the public
realm from excessive shadowing, or transition to other land, or achieving speci昀椀c land use
outcomes.
from view from any adjoining public space or designed as architectural roof top features. Roof
top services includes but is not limited to plant rooms, air conditioning, lift overruns and roof
mounted equipment.
Building setbacks
Buildings and works should be in accordance with the preferred street setbacks speci昀椀ed in the
table and maps to this Clause.
Properties abutting a residential zone must provide transitional upper level setbacks at the
residential interface to maintain the amenity of adjoining residential properties.
Built form for non-residential uses at ground level should provide active frontages to streetscapes.
Recessed upper levels are preferred to reduce the appearance of building bulk.
An application to vary the preferred street setbacks must demonstrate how the development
will continue to achieve the Design Objectives and Built Form Outcomes of this schedule and
any local planning policy requirements.
Table to Schedule 8
Precinct Preferred Preferred Built form outcome

maximum street
height setbacks
DDO8-A 11 metres No front Development must consider Clause 22.09 Blackburn

(Railway and setbacks and MegaMile (west) Activity Centres, where
Whitehorse applicable.
Roads)
Active frontages along Railway Road and
Whitehorse Road.
Development on the north side of Whitehorse Road

may be considered above the preferred maximum
height where it considers and responds to adjacent
higher buildings.
The scale and design of new development should

respect the amenity of adjoining residential zones.
New buildings along Railway Road should be

designed to reflect the fine grain built form and
generally low scale of the Blackburn Station
Shopping Centre.
DDO8-A 11 metres Apply Well designed development which has regard to

(Vine Street) setback potential heritage and character in the scale and
requirements design of new buildings.
in
Upper levels are setback to reduce building bulk,
accordance
and to allow for a transition in height to adjoining
with
residential areas and maintain residential amenity.
ResCode
Development should have regard to the Date Palm
trees.
Page 578 of 1195


maximum street
height setbacks
DDO8-B 11 metres 3-5 metre High quality streetscapes with landscaping.

(Whitehorse landscaped
Well designed higher density development which
Road) front setback
has regard to potential heritage and character in the
scale and design of new buildings.
The scale and design of new development should

respect the amenity of adjoining residential
developments.
Active frontages along Whitehorse Road.
DDO8-C 15 metres 3 metre Development must consider Clause 22.09 Blackburn

(Properties landscaped and MegaMile (west) Activity Centres, where
fronting Albert setback applicable.
St, Chapel St,
To incorporate landscaping, including canopy trees
and on the
where appropriate.
south side of
Railway Active frontages along Albert Street, Chapel Street
Road) and Railway Road.
DDO8-C 15 metres No front Development must consider Clause 22.09 Blackburn

(Properties setbacks and MegaMile (west) Activity Centres, where
fronting applicable.
Whitehorse
Active frontages along Whitehorse Road and
Road and on
Railway Road with weather protection where
the north side
possible.
of Railway
Road) Upper levels are setback to reduce building bulk,
and to allow for a transition in height to adjoining
residential areas and maintain residential amenity.
DDO8-C 15 metres Apply Development must consider Clause 22.09 Blackburn

(Remaining setback and MegaMile (west) Activity Centres, where
areas) requirements applicable.
in
Well designed higher density residential
accordance
development which has regard to potential heritage
with
and character in the scale and design of new
ResCode
buildings.
DDO8-D 21 metres 3-5 metre 160 Whitehorse Road is a gateway site to the
landscaped Blackburn Neighbourhood Activity Centre and
(160
front and MegaMile, and its built form should reflect this status
Whitehorse
side street as a visually prominent landmark.
Road,
setbacks
Blackburn, Create a high quality design of the public and private
and sites over realms to provide a strong and consistent image for
10,000m2) the MegaMile, including landscaping.
Avoid subdivision and support consolidation of sites

to accommodate larger format buildings.
Page 579 of 1195


maximum street
height setbacks
These sites should have customer and delivery

vehicular access, landscaping, and car parking that
is not visually obtrusive when viewed from the street
(preferably underground).
DDO8-D 11-15 metres 3-5 metre Improve the quality of streetscape treatment and
(Remaining landscaped landscaping, particularly along Whitehorse Road
areas) front and between Ceylon and Cottage Streets.
side street
Create a high quality design of the public and private
setbacks
realms to provide a strong and consistent image for
the MegaMile.
Avoid subdivision and support consolidation of sites

to accommodate larger format buildings.
These sites should have customer and delivery

vehicular access, landscaping, and car parking that
is not visually obtrusive when viewed from the street
(preferably underground).
DDO8-E 9 metres 3-5 metre High quality streetscapes incorporating landscaping.

landscaped
(Land Active frontages along Surrey Road, Maple Street
front setback
bounded by and Whitehorse Road.
Surrey Road,
Maple Street
and
Whitehorse
Road)
DDO8-E 9 metres In The scale and design of new development should

(Remaining accordance respect the amenity of adjoining residential
areas) with developments.
ResCode
Discourage blank and inactive facades on built forms
(excludes
adjoining pedestrian walkways, footpaths, carparks
non-residential
and laneways, where applicable.
zones)
DDO8-F 10 metres or 3-5 metre Development must consider Clause 22.09 Blackburn
(28-30 9 metres if landscaped and MegaMile (west) Activity Centres, where
Blackburn adjoining front setback applicable.
Road) residential
Improved streetscape interface and active frontage.
zone.
DDO8-F 10 metres or No setback Development must consider Clause 22.09 Blackburn

(Remaining 9 metres if and MegaMile (west) Activity Centres, where
areas) adjoining applicable.
residential
New buildings designed to reflect the form and scale
zone.
of existing heritage and older contributory buildings
along South Parade.
Active frontages along all roads with weather

protection where possible.
Page 580 of 1195


maximum street
height setbacks
Discourage blank and inactive facades on built forms

adjoining pedestrian walkways, including footpaths,
carparks and laneways, where applicable.
3.0 Subdivision
21/07/2022
4.0 Signs
21/07/2022

21/07/2022

21/07/2022
MegaMile [west] & Blackburn Activity Centres Urban Design Framework (July 2010)
Page 581 of 1195

Blackburn Neighbourhood Activity Centre and MegaMile (west) Major Activity Centre Building Height and Setback Precinct Plan
Note: DDO8-E as applicable to 60 Terracotta Drive, 288 Whitehorse Road and 20 Varman Court is measured 30 metres north from the southern boundary of those sites.
Page 582 of 1195

21/07/2022
C222whse
TALLY HO ACTIVITY CENTRE

21/07/2022
C222whse To ensure development is consistent with the background document Tally Ho Major Activity Centre
Urban Design Framework (2007), the background document Tally Ho Urban Design and Landscape
Guidelines (2013) and Clause 22.08 Tally Ho Activity Centre of the Whitehorse Planning Scheme.
To reinforce an image of innovation and knowledge through the establishment of contemporary
buildings nestled within a native Australian landscape.
To create a high quality built environment and a good ‘sense of place’.
To con昀椀gure uses that are connected in a way that encourages further business development and
cohesion.
To coordinate a uniform image for the Tally Ho Activity Centre and a character de昀椀ned by
innovative contemporary architectural design.
To clearly demarcate the Tally Ho Activity Centre at its public edges.
To ensure sensitive design at the Activity Centre’s interfaces with adjoining residential zones.
To improve and encourage active street frontages that create street address and interest at the
pedestrian level.
To improve accessibility and safety for all transport modes with improved facilities especially for
pedestrians, cyclists and public transport commuters.
To ensure that the form and scale of new development is in昀氀uenced by local topography, native
vegetation and key views.
To create ‘campus style development’ within a generous landscape setting.
To ensure new development incorporates best practice Ecologically Sustainable Design (ESD)
principles.
To ensure future development recognises the importance of local heritage assets.
To ensure that proposed landscape is high quality, and complements and enhances existing and
new development.
To use landscape as a common thread to connect various parts of the Tally Ho Activity Centre.
To encourage the retention and regeneration of existing native vegetation and habitat.
To ensure drainage management is addressed sustainably and Water Sensitive Urban Design
(WSUD) is integrated into site design as well as the broader area.
To provide public open space and outdoor areas that are engaging and functional with good solar
access and shading.
To integrate signage into building design, so it does not compromise the integrity of the streetscape
or the landscape setting.

21/07/2022
C222whse
Permit requirement
A permit is required to construct a front fence along any street frontage.
A permit is required to construct any side or rear boundary fencing that exceeds 1.8m in height.
Page 583 of 1195

Buildings and works must be developed in accordance with the following general and precinct
speci昀椀c requirements:
General requirements
Building heights
Table 1 to this schedule.
Where the height of an existing building already exceeds the height limit speci昀椀ed in Table 1
to this schedule, then all new buildings and works on the land should not exceed the height of
that existing building.
schedule and any local planning policy requirements.
from view from any adjoining public space or designed as architectural roof top features. Roof
top services includes but is not limited to plant rooms, air conditioning, lift overruns and roof
mounted equipment.
Built form
Buildings and works should be setback from boundaries in accordance with Table 2 to this
schedule.
Buildings on corner sites should be designed to demarcate the corner location through distinctive
architectural treatment and feature materials and 昀椀nishes that wrap around the street frontages
to heighten the sense of address.
The design of buildings should contribute to interaction with pedestrians at ground level by:
– Utilising visually interesting façade effects that allow for a high degree of transparency to
allow for views in and out.
– Activating street edges with the logical placement of clearly visible building entries,
fenestration and openings.
– Providing a human scale at the street front and building entry.
– Avoiding the presentation of blank walls to the public realm.
Building elevations should incorporate design detailing and material treatments that assist in
articulation of the building form and limit the potential for visual bulk.
A regular pattern of vertical and horizontal division should be incorporated into building
elevations that face a street.
Building materials and 昀椀nishes should re昀氀ect a highly contemporary palette and colours that
generally complement the landscape character of the Tally Ho Activity Centre.
Development should achieve high standards of ecological sustainability. Opportunities for
maximising northerly aspects for passive solar design, natural ventilation and cooling, natural
lighting, and integrated water management are encouraged to be incorporated into any new
development.
Site design and configuration

Buildings should take advantage of long range views to the east and west.
Development with an interface with a residential zone should be designed to limit unreasonable
amenity impacts such as overlooking, overshadowing and visual bulk.
Page 584 of 1195

All services, including car parking and loading should be located away from the site frontage
and street view.
Car parking areas should be concealed in decked facilities, basements or under crofts, where
possible. Basements should not be exposed above ground level in areas where they can be seen
from areas used regularly be pedestrians.
Building extensions and alterations should be designed and sited to complement or enhance
the existing building and landscape setting.
Buildings should be designed to provide passive surveillance of public spaces, landscape areas
and car parking.
Development should include internal foyers or external courtyards that enable opportunities
for people to meet and interact.
The siting of buildings should respond to local topography. On sloping sites, buildings should
maximise opportunities for split level design, access ways and pedestrian paths should follow
contours and avoid signi昀椀cant excavation works or retaining walls.
The natural drainage of land should be considered in the design of development on sloping
sites and the adoption of Water Sensitive Urban Design (WSUD) is encouraged.
Landscape and streetscape design

Selection of new plants should favour indigenous and native species.
Existing native and indigenous vegetation should be retained wherever possible.
A hierarchy of canopy plantings that distinguish between main road frontages, internal streets
and pedestrian ways should be provided.
Street trees should be selected on the basis of a mature height that suits both the road network
and the building context.
All species selection should be made on the basis of low water demand plantings.
Large screening shrubs should be avoided to improve passive surveillance and safety.
Vertical gardens and green roofs should be incorporated into new developments where possible.
Shade trees should be provided in open air and at-grade car parking areas.
Pedestrian footpaths should have a minimum width of 2.5 metres and clear visibility for at least
3 metres on either side.
Contrasting pavement materials should be used to de昀椀ne pedestrian and vehicular areas for
safety and way 昀椀nding purposes.
Precinct specific requirements

The precincts de昀椀ned in the Tally Ho Activity Centre are shown in maps 1 and 2 at the end of this
schedule. The precincts comprise:
A - Main road interfaces
B - Internal road interfaces
C - Residential and public open space interfaces
Buildings and works requirements for each precinct are speci昀椀ed in the tables to this schedule.
These requirements are additional to the Design Objectives in Clause 1.0 and the General
Requirements in Clause 2.0 above. They must be read and applied in conjunction with Clauses
1.0 and 2.0.
Development Guidelines
Development on sites which fall within two precincts should meet the guidelines for both precincts.
Page 585 of 1195

Table 1
Precinct Preferred Maximum Preferred Built Form Outcomes

Building Height
DDO9-A Main Road Interface
Sub precinct (i) 20 metres Building heights should be configured with

regard to key corridor views to the north, east
Sub precinct (ii) 17 metres and west.
Sub precinct (iii) 14 metres Buildings at the intersection of Burwood
Sub precinct (iv) 10 metres Highway and Springvale Road should be
designed to create a sense of address and
Sub precinct (v) 7 metres arrival to the Activity Centre.
Buildings should present a street address and
highly visible entry to the ‘main road’ frontage.
Buildings should present a sheer profile
without substantial stepping back on upper
levels.
Buildings should present highly articulated
facades with either glazed walls or projecting
balconies or a combination of both.
Roofs should be carefully designed to have
regard to views towards the Activity Centre.
Parapet forms and shaped roof forms should
be integrated into the overall building form.
Roof and parapet forms should have regard
to topography and the alignment of other
buildings located along the ‘main road’
frontage.
Where the height of an existing building
exceeds the preferred maximum building
height, all new buildings and works on the land
should not exceed the height of that existing
building.
DDO9-B Internal Road Interface
Sub precinct (i) 20 metres Buildings should be of a lower scale that

generally fits within the existing canopy of the
Sub precinct (ii) 17 metres natural landscape.
Sub precinct (iii) 14 metres Buildings should have a stepped form with a
Sub precinct (iv) 10 metres maximum 8 metre parapet height and upper
levels set back at least 2.5 metres behind the
Sub precinct (v) 7 metres parapet.
Upper levels should be clearly distinguishable
with lightweight form and materials.
The design of building elevations should
incorporate a vertical rhythm.
Buildings should present highly articulated
facades with either glazed walls or projecting
balconies or a combination of both to the
street.
Roof forms should be discreet and be
incorporated into the overall form of buildings.
Flat, skillion or concealed roof forms should
be used to ensure the dominance of
landscape canopy over built form.
Roof and parapet forms should have regard
to topography and other buildings located
along internal and secondary streets.
Page 586 of 1195

Precinct Preferred Maximum Preferred Built Form Outcomes

Building Height
Where the height of an existing building

exceeds the preferred maximum building
should not exceed the height of that existing
building.
DDO9-C Residential and Public Open Space Interfaces
Sub precinct (i) 20 metres Building heights should reflect a transition

down in height to residential and public open
Sub precinct (ii) 17 metres space areas.
Sub precinct (iii) 14 metres Where the height of an existing building
Sub precinct (iv) 10 metres exceeds the preferred maximum building
Sub precinct (v) 7 metres should not exceed the height of that existing
building.
Buildings should be of a scale that generally
fits within the existing canopy of the natural
landscape
Buildings should have a stepped form with a
maximum 8 metre parapet height at residential
interfaces and 11.5 metres at public open
space interfaces (sub precinct (i)). Any upper
levels should be set back at least 2.5 metres
behind the parapet.
The objectives and standards of Clause 55
relating to amenity impacts should apply
where a rear or side boundary abuts land in
a residential zone.
Buildings that have a direct interface with
public open space should provide for
activation and surveillance across open space
areas.
Building elevations adjacent to residential
zones or public open space should have a
high degree of articulation.
Non-reflective materials, natural tones and
finishes should be used to establish a
harmonious relationship with the surrounding
context.
Roof forms should be incorporated into the
overall form of buildings.
Flat, skillion or concealed roof forms should
be used to ensure the dominance of
landscape canopy over built form.
Roof forms should assist in the transition of
buildings to a lower scale by, for example,
including upper levels within pitched roofs.
Table 2
Precinct Preferred Setbacks Preferred Built Form Outcomes
DDO9-A 5 metres from front Front setback areas should provide a generous
boundaries public realm, incorporating pedestrian pathways,
Main Road Interface canopy plantings and opportunities for street activity,
5 metres from side including outdoor dining.
boundaries. 10 metres
for land abutting housing Side setback areas should provide for vehicular and
or parkland (in order to pedestrian access, and landscaping with good light
allow substantial penetration, ventilation and visibility.
landscaping).
Page 587 of 1195

Precinct Preferred Setbacks Preferred Built Form Outcomes
10 metres from rear Building elevations addressing side setbacks should

boundaries be attractive to ensure inviting and amenable access
or interface.
Rear setback areas should provide for access
between properties and canopy plantings.
DDO9-B Internal Road 10 metres from front Upper level setbacks should be relative to site
Interface boundaries dimensions and should be no less than 2.5 metres
behind the parapet on all building elevations.
10 metres from side
boundaries Front setback areas should provide an open aspect
and include pedestrian pathways, softening
10 metres from rear landscape effects and access areas.
boundaries
Car parking within front setbacks areas should be
avoided.
Side setback areas should provide for the siting of
any service areas, car parking and canopy plantings.
Building elevations addressing side setbacks should
be attractive to ensure an inviting access or interface
and include building entries where possible.
Rear setback areas should provide for access to car
parking areas and canopy plantings.
Rear setback areas fronting Lakeside Drive and
Wesley Court, and which overlook the waterway,
should provide an open aspect for safety and
surveillance.
DDO9-C Residential and 10 metres from all Upper level setbacks should be no less than 2.5
Public Open Space boundaries for building metres behind the parapet of all building elevations.
Interfaces walls up to 8 metres in Front setback areas should provide an open aspect
height and include pedestrian pathways, softening
landscape effects and access areas.
Car parking within front setback areas should be
avoided.
Side setback areas should provide for the siting of
service areas, access ways, car parking and canopy
trees.
Building elevations addressing side setbacks should
be attractive to ensure inviting and amenable access
or interface.
Where a building abuts a residential property, side
setback areas should provide for a minimum 5 metre
wide landscape buffer.
Building elevations abutting public open space should
provide for a more ‘open’ design incorporating clearly
visible building entries and plenty of windows.
Rear setback areas should allow for the retention of
existing established vegetation and must not affect
the integrity of existing vegetation on neighbouring
properties.
Side and rear building setbacks, which abut a
residential zone or public open space, should apply
the objectives and standards of Clause 55 relating
to amenity impacts.
Table 3
Precinct Preferred Landscape, Streetscape And Fencing Treatments
DDO9-A Development should support the pedestrian network identified in the Tally
Ho Activity Centre Plan (attached to Clause 22.08).
Main Road Interface
Page 588 of 1195

Precinct Preferred Landscape, Streetscape And Fencing Treatments
Lighting should be used to highlight features such as avenue trees, feature

canopies, garden beds, entrances, pathways and signage.
Avoid front boundary fencing and other barriers within 15 metres of the
main road frontage.
Any side or rear boundary fencing should be no greater than 1.8 metres
in height.
DDO9-B Internal Road Landscaping in front setbacks should comprise clean-stemmed canopy
Interface trees, above a native grass or ground cover understorey.
Pedestrian access should be provided in between buildings and should
link to the pedestrian network identified in the Tally Ho Activity Centre
Precinct Plan (attached to Clause 22.08).
Avoid front boundary fencing and high security fencing to side and rear
interfaces.
Any side or rear fencing should be no greater than 1.8 metres in height.
DDO9-C Residential and Establish a landscape screening effect at the interface with residential
Public Open Space Interfaces properties so as to ensure maintenance of privacy and amenity.
Create a more open landscape effect at the interface with public open
space areas to ensure good surveillance.
Pedestrian access should be provided in between buildings and should
link to the pedestrian network identified in the Tally Ho Activity Centre
Precinct Plan (Clause 22.08).
Any side and rear boundary fencing should generally be no greater than
1.8 metres in height, unless the proposed fencing abuts residential
development.
3.0 Subdivision
21/07/2022
4.0 Signs
21/07/2022

21/07/2022

21/07/2022
Tally Ho Major Activity Centre Urban Design Framework (2007)

Tally Ho Urban Design and Landscape Guidelines (2013)
Page 589 of 1195


Tally Ho Activity Building Heights Plan
Page 590 of 1195


Tally Ho Activity Precinct Plan
Page 591 of 1195

21/07/2022
C222whse
289-291 MORACK ROAD, VERMONT SOUTH

21/07/2022
C222whse To ensure development respects the existing character of residential land to the west and provides
for a high quality and architecturally appealing interface with the streetscape of Morack Road.
To ensure the form, scale, setback and landscape treatment of development is in昀氀uenced by
topography, key views and the character of the Morack Golf Course and Dandenong Creek
Environs.
To ensure a transition of height and massing between the larger scale development fronting Burwood
Highway to the south and the lower-scale residential development to the west, the golf course and
the Dandenong Creek Environs.
To ensure development incorporates Ecologically Sustainable Design (ESD) principles and responds
appropriately to environmental constraints including potential impacts of stormwater runoff and
昀氀ooding, including Water Sensitive Urban Design (WSUD) for drainage management.
To ensure development considers the retention and regeneration of existing native vegetation and
habitat.

21/07/2022
C222whse
Permit requirements
A permit is required to construct a fence along all or part of the Morack Road frontage.
A permit is required to construct any side or rear boundary fencing that exceeds 1.8 metres in
height.
General requirements
Built form
Buildings should be set back from the northern and eastern boundaries by a minimum of 3
metres.
Upper levels facing the Morack Public Golf Course and Dandenong Creek Trail should be
recessed to reduce the appearance of building bulk.
Blank walls to the public realm and public spaces should be avoided.
Building elevations should incorporate design detailing and material treatments that assist in
articulation of the building form and limit the potential for visual bulk.
Development should achieve high standards of environmental sustainability. Opportunities for
maximising northerly aspects for passive solar design, natural ventilation and cooling, natural
lighting, and integrated water management are encouraged to be incorporated into any new
development. In addition, development must consider objectives of Clause 22.10, including:
– Energy performance;
– Water resources;
– Indoor Environment Quality;
– Stormwater Management;
Page 592 of 1195

– Transport;
– Waste Management; and
– Urban Ecology.
Transparent fencing should be incorporated into development adjoining the Morack Golf Course
and Dandenong Creek Environs, where appropriate, with the extent of visual permeability to
be to the satisfaction of the responsible authority. Appropriate measures must be implemented
to ensure that future development on the site is protected from activities associated with the
Morack Golf Course.
Site design and transition

Buildings should take advantage of views to the north and east, toward the Morack Public Golf
Course and Dandenong Creek Trail, respectively.
Development with an interface with a residential zone (including across a road) should be
designed to limit unreasonable amenity impacts such as overlooking, overshadowing and visual
bulk.
All services, including car parking and loading should be located away from the site frontage
and street view.
The siting of buildings should respect the site topography.
The natural drainage of land should be considered in the design of development on sloping
sites and the adoption of Water Sensitive Urban Design (WSUD) and ESD principles is
encouraged.
Landscape and streetscape design

High quality landscape treatment of the site and within setbacks must be provided that contributes
positively to the street edges, the golf course interface and to the Dandenong Creek Environs
and its habitat.
Selection of new plants should favour indigenous and native species.
Large screening shrubs should be avoided to improve passive surveillance and safety.
Existing vegetation should be retained wherever possible.
3.0 Subdivision
21/07/2022
4.0 Signs
21/07/2022

21/07/2022

21/07/2022
An application to vary the preferred setbacks must demonstrate how the development will
achieve the requirements of this schedule, and any local planning policy requirements.
Achieves high or superior architectural quality;
Page 593 of 1195

Achieves innovation with respect to environmental sustainability;

Minimises impacts on amenity of the adjoining Morack Golf Course, Dandenong Creek Trail
and wider Dandenong Creek Environs;
Provides a design response appropriate in site context, including heights and setbacks on
adjoining properties, and existing neighbourhood character of Morack Road;
Achieves speci昀椀c urban design outcomes such as vista retention, protection of the public realm
from over shadowing, and transitioning to adjoining land;
Responds to the Urban Floodway Zone, to the satisfaction of Melbourne Water; and
Considers the movement of pedestrians and cyclists.
Page 594 of 1195

01/03/2024
C220whse
RESIDENTIAL GROWTH CORRIDORS

01/03/2024
C220whse To promote mid-rise development in the residential growth corridors to accommodate housing at
increased densities and a diversity of housing type.
To ensure development contributes to a high quality public realm in relation to human scale by
providing a pedestrian-friendly urban environment.
To ensure the height and built form of new buildings provide an acceptable built form interface,
amenity outcomes, and transition to adjoining neighbouring lower scale residential areas in the
General Residential Zone and the Neighbourhood Residential Zone.
To maintain the visual prominence of landscaping and ensure space for medium and large trees.
To encourage lot consolidation in order to achieve the maximum building heights and to provide
for suf昀椀cient building setbacks to deliver high levels of internal amenity.

01/03/2024
C220whse A permit is not required to construct a building or construct or carry out works for a development
up to and including 3 storeys under this Schedule.
A permit is required to construct a fence with a street interface.
Building height
A building should not exceed a height of 19 metres and 6 storeys, except where the height of
an existing building on the land already exceeds 19 metres, in which case new buildings and
works must not exceed the height of the existing building in metres and storeys.
Building height excludes rooftop services, such as plant rooms, air conditioning, lift overruns,
roof mounted equipment and the like, that cannot be seen from any adjoining public space or
are designed as architectural roof top features.
Building setbacks
The front setback of a building should be in accordance with the front setback speci昀椀ed in
Table 1 to this schedule.
The side or rear setback of a building should be in accordance with the side and rear setbacks
speci昀椀ed in Table 2 to this schedule.
Page 595 of 1195

Table 1 to Schedule 11
Measure
Front setback Minimum 5 metres with an

additional minimum 3 metres to
levels above 4 storeys
Table 2 to Schedule 11
Measure
Side setback Minimum of 4.5 metres with an

additional minimum 4.5 metres to
levels above 4 storeys to adjoining
land in the Residential Growth
Zone, General Residential Zone,
Neighbourhood Residential Zone.
Rear setback Minimum of 9 metres to adjoining

land in the General Residential
Zone or Neighbourhood
Residential Zone.
Page 596 of 1195

Pedestrian interface
Buildings at the ground 昀氀oor should:
Present as attractive, pedestrian orientated frontages, which minimise blank walls, car parking
areas and wide car park entrances.
Discourage service areas and other utility requirements, including 昀椀re hydrants and
mailboxes, unless they are integrated into a landscaped front setback.
Ensure unscreened waste storage areas when viewed from a street are screened, where
required.
Maximise windows at ground level and discourage high front fences to provide passive
surveillance of the street.
Overshadowing
Developments should not result in additional shadowing to adjacent public open space between
12pm and 2pm on 22 September.
3.0 Subdivision
01/03/2024
4.0 Signs
01/03/2024

01/03/2024

01/03/2024
addition to those speci昀椀ed in Clause 43.02 and elsewhere in the scheme, which must be considered,
Whether development provides an appropriate transition from the residential growth corridor
and any adjoining commercial area to lower scale residential areas in the General Residential
Zone and the Neighbourhood Residential Zone or public open space.
Whether development achieves a mid-rise scale to accommodate housing at increased densities
and a diversity of housing type that enhances the sense of openness and maintains access to
expansive sky views along the corridor.
Whether a proposal that exceeds the preferred maximum building height:
Responds appropriately to the scale of development in the surrounding area.
Achieves design excellence.
Whether development allows for deep soil planting and landscaping within the front, side and
rear setbacks.
Whether additional overshadowing of adjacent public open space:
Reduces the extent to which sunlight will be available between 12pm and 2pm on 22
September, including the cumulative impact if adjacent land is developed in accordance
with the planning scheme.
Has an adverse impact on the landscaping, including plants, trees and lawn or turf surfaces
in the public open space.
Page 597 of 1195

Compromises the existing and future use, quality and amenity of the public open space.
Page 598 of 1195

43.04 DEVELOPMENT PLAN OVERLAY

31/07/2018
VC148 Shown on the planning scheme map as DPO with a number.
Purpose
To identify areas which require the form and conditions of future use and development to be shown
on a development plan before a permit can be granted to use or develop the land.
To exempt an application from notice and review if a development plan has been prepared to the
satisfaction of the responsible authority.
43.04-1 Objectives
31/07/2018
VC148 A schedule to this overlay may specify objectives to be achieved for the area affected by the
overlay.
43.04-2 Requirement before a permit is granted

31/07/2018
VC148 A permit must not be granted to use or subdivide land, construct a building or construct or carry
out works until a development plan has been prepared to the satisfaction of the responsible authority.
This does not apply if a schedule to this overlay speci昀椀cally states that a permit may be granted
before a development plan has been prepared to the satisfaction of the responsible authority.
A permit granted must:
Be generally in accordance with the development plan.
Include any conditions or requirements speci昀椀ed in a schedule to this overlay.

31/07/2018
VC148 If a development plan has been prepared to the satisfaction of the responsible authority, an
application under any provision of this planning scheme is exempt from the notice requirements
43.04-4 Preparation of the development plan

31/07/2018
VC148 The development plan may consist of plans or other documents and may, with the agreement of
the responsible authority, be prepared and implemented in stages.
A development plan that provides for residential subdivision in the Neighbourhood Residential
Zone, General Residential Zone, Residential Growth Zone, Mixed Use Zone, Township Zone,
Comprehensive Development Zone and Priority Development Zone must meet the requirements
of Clause 56 as speci昀椀ed in the zone.
The development plan must describe:
The land to which the plan applies.
The proposed use and development of each part of the land.
Any other requirements speci昀椀ed for the plan in a schedule to this overlay.
The development plan may be amended to the satisfaction of the responsible authority.
Page 599 of 1195

21/07/2022
C222whse
SCHEDULE 1 TO CLAUSE 43.04 DEVELOPMENT PLAN OVERLAY
Shown on the planning scheme map as DPO1.
FOREST HILL ACTIVITY CENTRE
1.0 Objectives
21/07/2022
2.0 Requirement before a permit is granted

21/07/2022
3.0 Conditions and requirements for permits

21/07/2022
C222whse A permit granted must include the following conditions:
All buildings and works must be maintained to the satisfaction of the responsible authority.
All landscaping and associated works must be maintained to the satisfaction of the responsible
authority.
4.0 Requirements for development plan

21/07/2022
C222whse A development plan must include the following requirements:
Buildings and works

Details of the location, height, dimensions, design, 昀氀oor area, elevations and external materials,
昀椀nish and colours of all buildings and works.
The proposed uses of buildings.
The location and layout of all car parking areas and access to and from them.
The location of public transport facilities, access to them and passenger facilities, including
taxi stands, bus interchange area, bicycle racks and pedestrian accessways.
Details of drainage.
The location and layout of loading and unloading areas, including details of waste storage areas
and collection and removal facilities.
Measures to enhance the urban design character of the Centre.
Management
General amenity provisions including noise control and external lighting effects.
Operational matters relating to such things as control of nuisance, waste collection, vehicle
loading and unloading, management and maintenance of car parking areas and trolley control.
Adequate loading facilities.
Effective screening of loading and storage areas from roads and nearby residential areas.
Measures to minimise the impacts of waste handling methods and operating procedures on
nearby residential areas.
Measures to minimise the impact of the development with respect to visual presentation, noise
and privacy issues on the amenity and character of the surrounding area.
Traffic and transport

Traf昀椀c management and traf昀椀c control works considered necessary on the land and impacted
roads.
Page 600 of 1195

Measures to help minimise after-hours use of Mahoneys Road by Centre patrons.

Measures to appropriately provide for pedestrian movement along and across Paci昀椀c Way and
Mahoneys Road north of Paci昀椀c Way.
Adequate car parking which is easily accessible from the surrounding street network.
Car parking in the ratio of at least 5 car spaces to each 100 square metres of leasable 昀氀oor area
for a shop and 4 car spaces to each 100 square metres of leasable 昀氀oor area for all other uses,
or a lesser 昀椀gure to the satisfaction of the responsible authority.
At least 130 car spaces to the east of Mahoneys Road.
Adequate public transport and associated facilities for public transport users.
Safe and ef昀椀cient pedestrian and cyclist routes to, from and on the land and adjoining roads.
Landscaping
Effective landscaping to act as a visual screen to adjoining residential areas and to soften the
appearance of buildings, roads and car parking areas.
Landscape improvements along the Canterbury Road frontage to the land.
Landscaping proposed in the road reserve of Mahoneys Road and on land to the north of its
intersection with Paci昀椀c Way.
Appropriate acoustic fencing and associated landscaping along the south and west side of
Paci昀椀c Way.
All other proposed landscaping.
Architectural features of the buildings and building services may exceed the building envelope
levels shown on the development plan by up to 5 metres.
The following may be located in the building setback areas shown on the development plan:
Minor utility installations.
Verandahs to a maximum height of 3.5 metres above ground level.
Light poles and bollards.
Flagpoles.
Fences.
Signs.
Litter bins.
Planter boxes.
Seats.
Public telephones.
Page 601 of 1195

21/07/2022
C222whse
STRATHDON COMMUNITY, JOLIMONT ROAD, FOREST HILL
1.0 Objectives
21/07/2022

21/07/2022
C222whse The land located at 25 Jolimont Road, Forest Hill be consolidated with the land at 9 and 13-23
Jolimont Road, Forest Hill.

21/07/2022
C222whse A permit must include the following conditions or requirements:
A detailed landscape plan showing all proposed landscaping. The landscaping shall be consistent
with the existing landscaping theme throughout the site.
The provision of a minimum of a 3 metre wide landscape strip along the eastern boundary of
the site in the vicinity of the car park. The landscaping shall consist of screening planting
containing a mix of ground covers, shrubs and trees.

21/07/2022
C222whse The Development Plan must be in accordance with the following plans and reports prepared by
Brown Falconer Architects:
The background document report “Strathdon Community - Development Plan Overlay
Submission to Whitehorse City Council”, prepared by Brown Falconer, dated March 2000 (“the
Master Plan report”).
Drawing No 2092/0056B: Strathdon Community Master Plan, indicating proposed staging (as
included in the above report).
Drawing No 2092/0057B: Strathdon Community Master Plan, indicating proposed building
envelopes (as included in the above report).
Any amendment to the development plan must be exhibited for a period of 14 days. The
responsible authority must take into account any comments received when considering any
amendment to the plan.
Page 602 of 1195

21/07/2022
C222whse
KINGSWOOD COLLEGE, 355 STATION STREET, BOX HILL SOUTH
1.0 Objectives
21/07/2022

21/07/2022

21/07/2022
C222whse A permit must include the following conditions or requirements:
A detailed landscape plan showing all proposed landscaping. The landscaping must be consistent
with the existing landscaping theme throughout the site.

21/07/2022
C222whse The development plan must be in accordance with the background document report "Kingswood
College Master Plan 2000" dated 14 February 2001 and the "Kingswood College Landscape Master
Plan, Drawing No. MP01" dated June 2000, prepared by Baldasso Cortese Pty Ltd Architects,
with the following changes:
Deletion of the reference to the Future Maintenance Area.
Modi昀椀cation to the landscape plan to require the three metre wide low planting to be completed
prior to completion of any modi昀椀cations to car parking from Piedmont Street, and for the
planting to achieve an effective screen to Piedmont Street.
Inclusion of a brief comment that the design of the Administrative Building is to be respectful
of the form of the adjacent senior school building, and modi昀椀cation of the landscape plan to
correctly re昀氀ect the incorporation of this Building.
Inclusion of the words ‘Lighting should not negatively impact on residential areas while still
providing security for the school’.
Inclusion of a Traf昀椀c Management Plan, to be approved by Council prior to the commencement
of the traf昀椀c and parking works shown coloured orange on the plan marked 2003. The Plan
should address the following issues:
– Staf昀椀ng for school crossings.
– Signage to the site.
– Preferential parking away from the entrances to minimise the impacts.
– Management of the access to the car park after hours.
– Any measures the school will introduce to direct parking movements during peak times.
– Contact details in the instance of concerns.
– Any relevant matters from Council’s review of traf昀椀c and parking conditions in Piedmont
Street and surrounds.
The Traf昀椀c Management Plan must be prepared in consultation with the community
involving, at a minimum, the properties abutting and directly opposite the school site and
those parties who lodged submissions to Amendment C27.
Page 603 of 1195

Any amendment to the development plan must be exhibited for a period of 14 days. The responsible
authority must take into account any comments received when considering any amendment to the
plan.
Page 604 of 1195

21/07/2022
C222whse
CROSSWAY BAPTIST CHURCH – 2-18 AND 27-29 VISION DRIVE AND 709 HIGHBURY ROAD,
BURWOOD EAST
1.0 Objectives
21/07/2022

21/07/2022

21/07/2022
C222whse The following conditions and/or requirements apply to permits:
The land at 27-29 Vision Drive, Burwood East must only be used for the purposes of a
commercial car park and for car parking associated with the use of the land located at 2-18
Vision Drive and 709 Highbury Road, Burwood East to the satisfaction of the responsible
authority.
The commercial car park on the land at 27-29 Vision Drive, Burwood East must be available
to the general public and other uses within the Tally Ho Business Park between normal daytime
of昀椀ce hours Monday-Friday (inclusive) to the satisfaction of the responsible authority.
The owner of the land at 27-29 Vision Drive, Burwood East must enter into an agreement with
Council under Section 173 of the Planning and Environment Act 1987 requiring that the owner
of the land:
– constructs and maintains public pedestrian access between Vision Drive and land in Wesley
Court in accordance with the Endorsed Plans to the satisfaction of the responsible authority;
– maintains an appropriate public liability insurance policy in an amount to the satisfaction
of the responsible authority;
– indemnify and release Council from any liability from any damage, loss or the like as a
result of or incidental to the use of the land at 27-29 Vision Drive, Burwood East for a
commercial car park; and
– pays Council’s costs incurred in the preparation, drafting, 昀椀nalisation, engrossment, execution
and registration of the agreement.
A permit application must include the following, as appropriate:
Effective facade and landscape treatments to soften the south elevation of the commercial car
park at 27-29 Vision Drive, Burwood East to ensure the amenity of nearby residential properties.
Effective screening of the bi-level car park to the west of the church, to ensure the amenity and
privacy of adjoining residential properties.
A detailed landscape plan showing all proposed landscaping. At least 50 per cent of all proposed
planting should be indigenous species.
Any signage, which must be unobtrusive and in accordance with Clause 22.02.
External lighting effects, which must be unobtrusive and not cause detriment to the amenity of
neighbouring residential areas.
An Environmentally Sustainable Development Management Plan and Green Travel Plan.
Noise containment measures for all new buildings to ensure the amenity of nearby residential
properties.
Page 605 of 1195


21/07/2022
Buildings and works

The extent and location of building envelopes.
The layout, height to AHD level, elevations, 昀氀oor area and seating capacity of all buildings
and works.
Cross sections including all multi-level car parking areas.
Indicative external materials, 昀椀nish and colours of all buildings and works, including screening
measures to protect the amenity and privacy of adjoining residential properties.
The proposed use of each building.
Building heights that are generally consistent with the background document Tally Ho Major
Activity Centre Urban Design Framework (2007), including allowing for a higher architectural
feature element at the corner of Springvale Road and Vision Drive.
A minimum building setback of 5.0 metres from the Springvale Road boundary at 2-18 Vision
Drive and 709 Highbury Road.
A minimum building setback of 8.0 metres from the western boundary at 2-18 Vision Drive
and 709 Highbury Road.
A minimum building setback of 10 metres from the southern boundary of 709 Highbury Road.
A minimum building setback of 10 metres from the southern boundary of 27-29 Vision Drive,
except for the westerly 20 metres of the frontage where the setback may be reduced to 5 metres.
The stages in which the land is to be developed, including landscaping.
The location of all vehicle and pedestrian access ways, including ingress and egress to and
from the site.
An assessment of land liable to 昀氀ooding in a 1 in a 100 year storm event, including hydraulic
modelling to the satisfaction of the responsible authority.
Minimum 昀氀oor levels to the satisfaction of the responsible authority for all buildings deemed
a 昀氀ood risk.
A risk assessment analysis to the satisfaction of the responsible authority for potential gas leaks
from the former Waverley tip (now known as Highview Park).
Management
A Management Plan, which must outline:
– Methods for controlling and maintaining open space.
– Provision for waste storage and disposal, hours of operation, security, deliveries, noise
control and traf昀椀c 昀氀ow.
– Details for the operation and management of the car and bicycle parking areas.

Traf昀椀c management and traf昀椀c control works considered necessary on the land and affected
roads to mitigate the expected traf昀椀c impacts of the proposed development.
Page 606 of 1195

The stages in the development in which the traf昀椀c management and control works internal and
external to the land are to be undertaken to mitigate the expected traf昀椀c impacts of the proposed
development.
A Traf昀椀c Management Plan, prepared in consultation with VicRoads and Public Transport
Victoria, which must include:
– The expected number of trips generated by staff and visitors and for deliveries and service
vehicles to the site.
– The location, layout and access ways of all car and bicycle parking areas.
– Car parking with a ratio of 0.3 spaces to each auditorium seat.
– Provision for loading and unloading facilities for vehicles and means of access to them.
Landscaping
The location of all open space, identifying areas accessible to the public.
Proposed landscape precincts, with indicative themes.
Effective landscaping to provide a visual screen to adjoining residential areas and to soften the
appearance of buildings, roads and car parking areas.
Environmentally Sustainable Development

The design and building techniques to be used that are consistent with environmentally
sustainable development (ESD) principles.
Use
The land at 27-29 Vision Drive, Burwood East to only be used for the purposes of a commercial
car park available to the general public and the of昀椀ce uses within the Tally Ho Business Park
between normal daytime of昀椀ce hours Monday-Friday (inclusive), except that on weekday
evenings and on a Saturday and Sunday, the Crossway Baptist Church may use the land for
their own car parking purposes.
The land at 27-29 Vision Drive, Burwood East with a public pedestrian link from Vision Drive
to the abutting land in Wesley Court, Burwood East.
Display of development plan

Before deciding whether to approve a development plan or a substantial amendment to an approved
development plan, the responsible authority must 昀椀rst display the plan for public comment for a
period of 14 days and must take account of any comments received in response to display of the
plan.
Before deciding on a development plan or planning permit application, in addition to the decision
guidelines in Clause 65, the responsible authority must consider whether it is generally in accordance
with:
The background document Tally Ho Major Activity Centre Urban Design Framework, (2007)
Tally Ho Major Activity Centre Urban Design Framework, (2007)
Page 607 of 1195

21/07/2022
C222whse
104-168 HAWTHORN ROAD, FOREST HILL
1.0 Objectives
21/07/2022

21/07/2022
C222whse A permit may be granted before a development plan has been prepared to the satisfaction of the
responsible authority for extensions, additions or modi昀椀cations to any existing use or development.

21/07/2022
C222whse A permit application must include the following, as appropriate:
Effective building setbacks, and facade and landscape treatments to soften the interface of the
site with any adjoining residential properties.
A detailed landscape plan showing all proposed landscaping.
A permit must contain conditions or requirements which:
Give effect to the provisions and requirements of the approved development plan.
Provide for the protection, restoration and interpretation of identi昀椀ed places or heritage
signi昀椀cance

21/07/2022
C222whse A development plan may be prepared in stages. A development plan should show or provide for
the following, to the satisfaction of the responsible authority:
Buildings and works

A concept site layout plan which identi昀椀es land uses, building envelopes, road and movement
networks, building heights, public open space and landscaping.
Location of public open space areas.
The stages in which the land is to be developed, including landscaping.
Medium density housing of up to 4 storeys located within the central portion of the site with
building heights then transitioning down to a lower, domestic scale of 1 to 2 storeys at site
edges to complement adjoining neighbourhood character. This provision does not apply to land
fronting Springvale Road or land adjacent to public open space.
Recognition of the potential for a more intense built form and active retail uses fronting
Springvale Road.
Buildings that front Hawthorn Road designed and sited to provide a residential appearance and
setback and support the landscape pro昀椀le of this road with buildings addressing the street
frontage and respecting the neighbourhood character.
Buildings with frontage to the Hawthorn Road curve designed and sited to reinforce views
along this corridor.
Consideration of long and short range views along Springvale Road and panoramic views across
the broader area.
Page 608 of 1195


A detailed traf昀椀c assessment and traf昀椀c management plan addressing the impact of the
development on the arterial and local road network, including any mitigation works required
on the road network and associated funding responsibilities. The plan must show integration
between existing and proposed roads, bicycle and pedestrian networks and integration with the
public transport network.
A permeable network of streets and public spaces to support safe, convenient and amenable
vehicular, pedestrian and cycling movement.
Landscaping
Provision of landscaped areas at the site’s edges, particularly along any interface with existing
residential land.
Retention of existing vegetation where possible.
Environmentally Sustainable Development

Proposed design and building techniques that are consistent with environmentally sustainable
development (ESD) principles.

period of at least 14 days and must take account of any comments received in response to display
of the plan prior to making a decision.
5.0 Transitional Provisions
Schedule 5 to Clause 43.04 to the Design and Development Overlay does not apply to an application
for a permit to subdivide land, construct a building or construct or carry out works made before
the approval date of the planning scheme amendment that introduced this schedule into the planning
scheme.
Despite the provisions of Schedule 5 to Clause 43.04, these do not apply to an application under
section 69 of the Act to extend a permit.
Page 609 of 1195

21/07/2022
C222whse
FORMER BRICKWORKS SITE, BURWOOD EAST

This schedule applies to the former brickworks land located at 78 Middleborough Road, 21-49
Burwood Highway, part of Old Burwood Road and 14 Eley Road, Burwood East (the Former
Brickworks Site).
1.0 Objectives
21/07/2022
C222whse To provide for the use, development and subdivision of the Former Brickworks Site generally in
accordance with:
Clause 22.11 – Burwood Heights Activity Centre of this Planning Scheme;
Clause 22.12 – Former Brickworks Site, 78 Middleborough Road, East Burwood of this Planning
Scheme;
Burwood Heights Activity Centre Structure Plan;
Burwood Heights Master Plan and Urban Design Report (January 2015) (the Masterplan);
and
the Indicative Concept Plan shown in Map 1, the Building Height Plan shown in Map 2 and
the Housing Mix Plan shown in Map 3.
To facilitate the integrated development of the Former Brickworks Site and its evolution as an
integral part of the Burwood Heights Activity Centre (the Activity Centre).
To provide opportunities for a range of housing, retail, commercial, leisure, health and well-being,
and community uses in a mixed use development.
To enable future use and development that complements existing retail and commercial use within
the local area.
To strengthen and broaden the economic base of the Activity Centre and the City of Whitehorse.
To provide opportunities for sustainable travel and increased use of public transport.
To provide an integrated network of roads and paths that improves local accessibility through the
site for surrounding and new residents of the site.
To encourage high quality architectural, urban design and landscape outcomes that are responsive
to the site’s features and characteristics, as well as the wider Activity Centre.
To apply Water Sensitive Urban Design treatments and best practice Environmentally Sustainable
Development initiatives in all aspects of the site’s design and development.
To promote activity throughout the site and create vibrant streets and public spaces.
To promote Crime Prevention Through Environmental Design (CPTED), Supportive Environments
for Physical Activity (SEPA) and universal design and accessibility principles through urban
design of public spaces and in the design of buildings.
To promote permeability in the layout of buildings, open spaces and the design of the vehicle and
pedestrian access network in the retail centre.

21/07/2022
C222whse Before a Development Plan has been prepared to the satisfaction of the responsible authority, a
permit may be granted to use or subdivide land, construct a building or construct or carry out
works, provided the use, subdivision, buildings or works are of a minor nature or relate to site
preparation.
Page 610 of 1195

Before granting a permit the responsible authority must be satis昀椀ed that the proposed subdivision,
use, building or works will not prejudice the preparation and approval of the Development Plan
and is consistent with the objectives of this schedule and the vision and principles contained in
Clause 4.0.

21/07/2022
C222whse An application for a permit must be accompanied by the following (as necessary) to the satisfaction
of the responsible authority:
A Planning Report that demonstrates that the proposal is generally in accordance with:
– The provisions of this Planning Scheme; and
– Any Development Plan approved under this Schedule.
Plan(s) which show, as relevant to the application:

– The location, height, dimensions, 昀氀oor area and 昀氀oor plan of the proposed buildings and
works.
– The phases in which the land is to be developed.
– The proposed use(s) of each building.
– The location of all vehicle, bicycle and pedestrian access ways.
– The location and layout of all car and bicycle parking areas, access to and from them and
direction signage.
– Provision for loading and unloading facilities of vehicles and means of access to them.
– The location of all open space, including areas available to the public.
– The colours and details of materials to be used for external walls and roofs.
– The location and layout of public transport vehicle and passenger facilities, and access routes
to them for vehicles and pedestrians.
– The location of relevant community facilities.
A Waste Management Plan which provides details of waste collection, storage and removal
facilities and areas.
Construction details of all roads, accessways, drainage works, vehicle parking, loading areas,
bus standing / stopping areas and 昀椀re services.
Details of traf昀椀c management and controls works on site and on adjoining land and nearby
roads.
Details about the relationship of the proposal to adjoining land, precincts and stages, including
interface treatments, connectivity, interim treatment of any vacant land and any attenuation
measures that may be needed.
A detailed landscape plan showing all proposed landscaping.
Details of measures to be implemented during construction to protect and manage signi昀椀cant
vegetation that is to be retained.
Details of implementation of landscape works including an ongoing management strategy.
An Environmentally Sustainable Development Management Plan and Green Travel Plan.
The responsible authority may waive the need to provide any of the information detailed above
that is not relevant to a particular application and may request any additional information.
Page 611 of 1195


21/07/2022
C222whse The Development Plan must be generally in accordance with the Indicative Concept Plan shown
in Map 1 to the satisfaction of the responsible authority.
Prior to the approval of a Development Plan, an agreement under Section 173 of the Planning and
Environment Act 1987 to the satisfaction of the responsible authority must be entered into between
the owner of the Former Brickworks Site at 78 Middleborough Road, East Burwood and the
responsible authority. The agreement must identify the broad obligations required by the responsible
authority to be imposed by way of future agreements under Section 173 of the Planning and
Environment Act 1987 between the owner of the Former Brickworks Site and the responsible
authority.
All costs associated with preparing, reviewing and registering any agreements under Section 173
of the Planning and Environment Act 1987 must be paid for in full by the owner(s).
The Development Plan must be consistent with the following vision for the Former Brickworks
Site:
The Former Brickworks Site will become a local, activated, placethat:
Builds on the character of Burwood, with sensitive transitions and integration, and new amenities
for the community;
Is a social hub and meeting place for the local community with quality civic and public spaces;
and
Has a distinctive address, highest quality urban development and provides the foundations of
a community.
The Development Plan must address the following principles to the satisfaction of the responsible
authority:
Provide a high level of amenity and connectivity by establishing an overarching structure that
includes a central de昀椀ning open space area, a principal road forming a feature boulevard, paths
to adjoining areas and a north facing civic space adjacent to the retail centre.
Create distinct land use and character precincts:
– The ‘lower density residential quarter’ located to the north of the site adjacent to established
residential areas.
– The ‘medium density residential urban grid’ adjacent to the north-south entry boulevard
with housing set around compact mews courtyards and landscaped laneways.
– The ‘higher density residential transit node’ adjacent to Burwood Highway with low rise
apartment buildings set back from the Highway in a landscaped setting and bene昀椀ting from
good access to public transport.
– The ‘higher density mixed-use core’ adjacent to the boulevard and the local centre with
apartment buildings that overlook the retail centre and the civic space, and have active
frontages at pedestrian level.
– The ‘retail and social hub’ that combines local shopping with dining and social experiences
that overlook and activate the civic spaces.
Create a network of different interconnected open spaces providing a distinct urban character
and place de昀椀ning characteristics that support a healthy and active lifestyle for residents.
Provide for sensitive integration and compatibility in land use and built form with existing low
density residential development, where dwellings that will share a rear boundary have back
yard private open space for tree planting and adequate separation between new and existing
dwellings.
Include a variety of housing types to facilitate a diverse population and that respond to the
existing demand for housing in the Burwood / Burwood East area. The location of housing
Page 612 of 1195

provides a legible transition in density, building height and dwelling types. The architectural
design of the dwellings will be of high quality.
Provide a highly permeable and interconnected neighbourhood that encourages slow moving
vehicle traf昀椀c, walking and cycling, and an integrated strategy for car parking.
A Development Plan must demonstrate how the vision, these principles and the objectives of this
schedule will be achieved by providing or including, to the satisfaction of the responsible authority:
A description of the uses in each precinct and, if relevant, in major buildings.
A description of how the development addresses affordable housing and housing for people
with additional needs.
A full economic impact assessment of uses relevant to the activity centre including the feasibility
of proposed uses and their impact on uses in the local area and in the region generally.
A Staging Plan showing the likely sequence and timing of development and including a
description of the key components to be delivered in each stage.
A Design and Built Form Principles Plan showing:
– Preferred maximum building heights within each precinct of the site in accordance with the
Building Height Plan shown in Map 2.
– Built form objectives and outcomes for each precinct of the site.
– Building envelopes for apartments and for buildings in the retail centre.
– Appropriate building setbacks to sensitive interfaces and edges, adjoining roads and to
internal streets.
– The proposed housing typology within each precinct of the site in accordance with the
Housing Mix Plan shown in Map 3.
– The proposed design concept for the retail centre.
– Active frontages, wherever possible, to key roads and public spaces.
– Activation of ground 昀氀oor uses adjoining the civic plaza.
– Integrated development of any large format retail premises and convenience restaurants to
achieve a unique, 昀椀ner grain appearance.
A Landscape and Public Realm Concept Plan. The plan must:

– Identify all existing vegetation to be retained and removed, with particular reference to trees
located on land fronting Burwood Highway.
– Landscape principles for open space and public realm areas within the site.
– Provide a landscaping theme and identify proposed tree and other dominant vegetation
species, with a preference for majority of plant species to be native.
– Provide an urban design concept for furniture, public lighting, play spaces, public art, other
embellishments, and a palette of materials and indicative locations where these would be
used.
– Where relevant, show the indicative landscape treatment of public areas, internal roads,
Burwood Highway, Middleborough Road and Eley Road.
An Open Space Plan. The plan must:

– Provide a hierarchy of public open space and public realm areas within the site.
– Identify the role and function of each area of public open space and public realm within the
site.
Page 613 of 1195

– Identify the areas of open space that will be available to the public.
– Show the relationship between spaces and with adjoining land uses.
– Provide the area and minimum dimensions of each area of open space available to the public.
– Show the proposed transition in site levels and the impact on open space.
– Provide for open space that accommodates a range of activities for people of all ages.
– If the land is to be developed in stages, show the area that will be available as open space
at the completion of each stage.
– Set out proposals for ongoing management and maintenance of public areas. If land is to
be developed in stages, it must show how vacant land will be treated and managed at each
stage.
An Integrated Transport Plan. The plan must:

– Document the expected number of trips generated by residents, staff and visitors, and for
deliveries and service vehicles to the site.
– Estimate each transport mode’s share of travel, including public transport’s modal share
and non-motorised travel, relative to other transport modes.
– Specify any works considered necessary for public transport vehicles or passenger facilities
within the area covered by the Plan, including improved access to public transport.
– Specify the actions and responsibilities for ongoing implementation of the Plan, including
proposed funding arrangements.
– Specify the proposed traf昀椀c management and control works on-site and on nearby and
adjoining roads.
– Specify how the design and proposed traf昀椀c management works on the internal road link
will deter through traf昀椀c movements and create a pedestrian and bicycle prioritised
environment.
– Specify the means of vehicular ingress and egress to and from the Former Brickworks Site.
– Specify the arrangements for internal access and movement including details of the internal
road network and indicative cross-sections.
– Specify the timing of proposed traf昀椀c works relative to the staging program of development.
– Specify public transport arrangements and access routes.
– Specify the proposed pedestrian and bicycle access to, from and within the Former
Brickworks Site and how this integrates with the surrounding street network and the wider
Activity Centre.
– Specify the location of car parking, bicycle parking, loading and unloading facilities for
vehicles and the means of access to them.
– Document proposed sustainable travel initiatives, including estimated mode share targets
and actions to encourage use of public transport and non-motorised travel for trips to local
and regional destinations.
– Specify how the Plan responds to State government transport objectives.
Before the plan is approved, the responsible authority must have regard to the views of the Roads
Corporation, the Director of Public Transport and any other relevant agencies, to the extent
applicable to the precinct or the part of the precinct that is the subject of the Development Plan.
An Ecologically Sustainable Development (ESD) Strategy. This must consider and respond to
the major components of the proposed development and construction processes and:
Page 614 of 1195

– State how ESD principles will guide and be incorporated into the use and development of
the site.
– Demonstrate the incorporation of recognised technologies and best practice.
– Demonstrate how compliance with all relevant statutory obligations in environmental
sustainability is achieved.
– Show any features or sites of ecological signi昀椀cance and include an assessment of the likely
impact of any proposed buildings or works on these sites.
– Identify and nominate the level of sustainability performance standards to be adopted;
– Assess options by which the agreed level of sustainable performance standards will be
achieved.
A Services and Engineering Infrastructure Report. This report must include:

– An assessment of the existing engineering infrastructure servicing the site and its capacity
to service the proposed development.
– A description of the proposed provision of all appropriate utility services to each stage.
– A stormwater drainage plan.
– Plans and calculations showing the location, preliminary design and hydrologic and hydraulic
analysis of any on-site stormwater detentionfacilities.
A Community Infrastructure Plan showing the location of relevant community facilities to be

provided and including an assessment of the demand for such facilities.
The responsible authority may waive the need to provide any of the information detailed above
that is not relevant to a particular Development Plan or part thereof.
5.0 Display of Development Plan
Before deciding whether to approve a Development Plan or a substantial amendment to an approved

Development Plan, the responsible authority must 昀椀rst display the plan for public comment for a
period of 14 days and must consider any comments received in response to display of the plan.
6.0 Decision Guidelines
Before deciding on a request to approve or amend a Development Plan or an application for use,
subdivision or development of the Former Brickworks Site, in addition to the decision guidelines
in Clause 65, the responsible authority must consider, as appropriate:
Clause 22.11 – Burwood Heights Activity Centre Policy, Clause 22.12 – Former Brickworks
Site Policy, 78 Middleborough Road, East Burwood, Burwood Heights Activity Centre Structure
Plan; the Master Plan, the Indicative Concept Plan (Map 1), the Building Height Plan (Map 2)
and the Housing Mix Plan (Map 3).
The objectives of the zone.
Any approved Development Plan.
Any public comments received in response to display of the Development Plan or a substantial
amendment to an approved Development Plan.
The impact of additional traf昀椀c generation on existing traf昀椀c movement, as well as on the
public transport network and existing service operations.
The mix of uses.
Page 615 of 1195

The interim treatment, use and management of those parts of the land not required for the
proposed use.
The staging of development.
Provision for vehicles providing for supplies, waste removal and emergency services and public
transport.
The movement of pedestrians and cyclists, and vehicles providing for supplies, deliveries to
commercial areas, waste removal, emergency services, and public transport.
The provision of car parking and bicycle parking.
The relationship with adjoining zones, including the relationship between residential areas,
retail areas and the RSPCA site.
The stormwater drainage of the land.
The provision made for the storage and collection of rubbish and materials for recycling.
Screening of waste storage areas.
The proposed management arrangements for the maintenance of buildings, landscaping and
paved areas.
The design of buildings and works in response to ESD principles.
The functionality and liveability of dwellings.
Any provision of affordable housing and housing for people with additional needs.
The objectives, standards and decision guidelines of Clause 54, Clause 55 and Clause 56. This
does not apply to a development of 昀椀ve or more storeys, excluding a basement, where the
requirements of Clause 19.03 must be taken into account.
The impact of traf昀椀c generated by the proposal and whether it is likely to require special traf昀椀c
management or control works in the neighbourhood.
The design of the proposed buildings, their relationship to the streetscape and surrounding
development and uses.
The incorporation of active frontages along key roads and to public spaces.
The terms of any agreement pursuant to Section 173 of the Planning and Environment Act
1987 affecting the land.
The streetscape, including the design of verandahs, access from the street front, protecting
active frontages to pedestrian areas, the treatment of the fronts and backs of buildings and their
appurtenances, illumination of buildings or their immediate spaces and the landscaping of land
adjoining a road.
Any relevant plan for landscape design and the suitability of proposed landscaping.
The provision and location of reserves for public open space and other community facilities.
The suitability of proposed open spaces.
The integration of existing and proposed uses.
Any economic assessment of the proposal.
Burwood Heights Activity Centre Structure Plan (June 2006)

Activity Centre Design Guidelines (2005)
Page 616 of 1195

Safer Design Guidelines for Victoria (2005)

Guidelines for Higher Density Residential Development (2004)
Indicative Concept
Page 617 of 1195

Building Height Plan
Page 618 of 1195

Housing Mix Plan
Page 619 of 1195

21/07/2022
C222whse
56 & 58-74 STATION STREET, NUNAWADING

This schedule applies to the former Daniel Robertson Brickworks site, which is located at the south
west corner of Station Street and Norcal Road, Nunawading.
1.0 Objectives
21/07/2022

21/07/2022
C222whse A permit may be granted, for the following, before a development plan has been approved:
Any earthworks associated with the remediation of the land in accordance with or for the
purpose of obtaining a Certi昀椀cate or Statement of Environmental Audit under the Environment
Protection Act 1970 and the ful昀椀lment of the current mining lease requirements including the
removal of the existing earth walls and reinstatement of the previous natural ground level;
The construction of that part of any building (such as a site shed and temporary structures)
which is associated with the remediation of the land in accordance with or for the purpose of
obtaining a Certi昀椀cate or Statement of Environmental Audit under the Environment Protection
Act 1970;
Minor works provided the works do not prejudice the preparation and approval of the
Development Plan;
Subdivision of land, provided that the subdivision is the result of a consolidation of all or parts
of the site or the re-subdivision of the land and the number of lots is not increased above two
lots and or including a reserve;
Removal or creation of easements or restrictions.

21/07/2022
C222whse A permit to subdivide, use or develop land should include, where relevant, conditions requiring
the following:
Prior to the commencement of buildings or works, a detailed Construction Management Plan
(CMP) should be prepared to the satisfaction of the Responsible Authority.
All development must be carried out in accordance with the approved Construction Management
Plan to the satisfaction of the Responsible Authority.

21/07/2022
C222whse A Development Plan must be generally in accordance with the Concept Plan shown in Map 1 to
the satisfaction of the Responsible Authority.
The Development Plan shall include measures to be taken relating to the proposed residential areas
in order to minimise amenity impacts from the existing industrial areas located in close proximity.
These measures may include appropriate siting and distances from the industrial area, design and
material treatments, landscaping, noise attenuation and any other techniques deemed to satisfy the
protection of the amenity of the residential areas from the existing industrial areas.
The Development Plan must show or provide for:
A variety of dwelling sizes and layouts;
A mix of uses and / or a commercial use to activate key site frontage/s;
Page 620 of 1195

The proposed arrangement of uses across the site, including residential and commercial uses,
proposed 昀氀oor space for the non-residential uses;
The location and extent of all building envelopes including height and setbacks and any existing
buildings to be retained;
Conservation of the former brickworks chimney and maintenance of views to the chimney
as required by the relevant Structure Plan;
Heights of all buildings to AHD level;
Indicative cross sections of all buildings including any multi level car parking;
A landscape concept plan for public open space and roads and outdoor communal areas that
includes landscape precincts, with indicative themes;
Landscaping that visually screens adjoining residential areas and softens the appearance of
buildings, roads and car parking areas;
The location and layout of all internal roads and pedestrian accessways;
Traf昀椀c management and traf昀椀c control works considered necessary due to the proposed
development;
The location and indicative number of car parking spaces;
The majority of car parking provided at basement level or via a multi deck structure or ground
level garages;
Bicycle storage;
Waste storage and disposal;
Details of access connections between the land and the surrounding area including any proposed
vehicle access points, traf昀椀c management and control methods and bicycle and pedestrian path
connections;
The location of any common and public open space provided for in the development;
Any design and development techniques that incorporate environmentally sustainable (ESD)
principles; and
Staging of development, including proposed staged landscaping works concepts.
Supporting Information Requirements

The Development Plan must be supported by the following reports and plan prepared by suitably
quali昀椀ed person(s):
Management Plan
A management plan which outlines responsibility for maintenance of:
Public open space areas;
Roads and accessways;
Buildings of heritage signi昀椀cance; and
Any pieces of public art.
Acoustic Report
An Acoustic Report that identi昀椀es all potential adverse amenity impacts at all hours from nearby
roads, rail and other identi昀椀able uses and how these are to be addressed.
If the report identi昀椀es that the proposed use and / or development may be adversely affected by
noise, speci昀椀c recommendations must be provided within the report for appropriate measures to
ensure that the proposed use and or development is not adversely affected.
Page 621 of 1195

Traffic Management Report

A Traf昀椀c Management Report which includes details relating to:
Traf昀椀c management and traf昀椀c control works considered necessary on the land and affected
roads to mitigate the expected traf昀椀c impacts of the proposed development.
The stages in the development in which the traf昀椀c management and control works internal and
external to the land are to be undertaken to mitigate the expected traf昀椀c impacts of the proposed
development; and
Location of vehicle access points to the site.
Geotechnical Report
A Geotechnical engineering report which con昀椀rms that the site can accommodate buildings and
works in accordance with the development plan.

period of at least 14 days and must consider any comments received in response to display of the
plan.
The responsible authority may approve a minor amendment to the Development Plan without the
further requirement for a display period.
Page 622 of 1195

Map 1 to Schedule 7 to Clause 43.04 - Concept Plan
Page 623 of 1195

21/07/2022
C222whse
16-18 SPRING STREET, BOX HILL
1.0 Objectives
21/07/2022

21/07/2022
C222whse A permit may be granted before a development plan has been approved for the following:
Subdivision
Minor buildings and works
Removal or creation of easements or restrictions
Before granting a permit, the responsible authority must be satis昀椀ed that the permit will not
prejudice the preparation of a Development Plan and the future use and development of the land
in an integrated manner.

21/07/2022

21/07/2022
A site analysis that identi昀椀es existing conditions plan, showing surrounding land uses and
development, adjoining roads and pedestrian links, public transport routes and social
infrastructure.
Concept plans for the layout and development of the site, which show:
– The siting and orientation of built form.
– The proposed uses of each building.
– Three dimensional building envelopes for new buildings, including indicative building
heights, the separation distances between buildings and the setback from street frontages
and adjoining properties.
– Shadow diagrams for the equinox (22 September / 22 March) based on the building envelopes
and arrangements.
Design Guidelines for the site, which re昀氀ect the following requirements:
– The building heights should not exceed 29 storeys in height and provide an appropriate
graduation in height.
– A street wall of 4 storeys should be established with upper levels setback a minimum of 3
metres from Spring Street.
– A setback of at least 6 metres from the northern boundary should be provided to incorporate
vehicle access to the site off Spring Street.
– The development should include a mixed use podium of 4 storeys, incorporating commercial
and retail and other active uses at ground 昀氀oor level and three levels of education facilities.
– All levels above the podium should provide for residential development.
– Car parking should be obscured from the public realm.
Page 624 of 1195

– Building services, including roof top services/elements should be screened or relocated

away from the public realm.
– Sustainable design principles should be applied to address water management, solar access
and energy conservation.
An indicative development schedule including the number, type and density of dwellings and
the 昀氀oor area of any proposed non-residential uses.
A transport plan and car parking plan, which provides:
– The existing capacity of the surrounding road network.
– An indication of roads, pedestrian, cyclist and vehicle access locations, including parking
areas both internal and external to the site.
– An assessment of the impact of traf昀椀c and car parking generated by the use and development
upon the surround road network.
– Car parking rates for all uses, including visitor car parking.
– The layout of accessways, car parking and loading areas.
– Separated areas for pedestrian movement throughout the site and linkages to the pedestrian
network.
– The provision of convenient bicycle storage facilities.
– For the creation of a new road along the northern boundary of 853 Whitehorse Road,
connecting Spring Street (as extended) to Nelson Road.
A landscape and public realm concept plan for the site.

A community infrastructure assessment to determine the impact of development on the demand
for such facilities.
Page 625 of 1195

43.05 NEIGHBOURHOOD CHARACTER OVERLAY

31/07/2018
VC148 Shown on the planning scheme map as NCO with a number.
Purpose
To identify areas of existing or preferred neighbourhood character.
To ensure that development respects the neighbourhood character.
To prevent, where necessary, the removal of buildings and vegetation before the neighbourhood
character features of the site and the new development have been evaluated.
43.05-1 Neighbourhood character statement and objectives

19/01/2006
A statement of the key features of the neighbourhood character.
The neighbourhood character objectives to be achieved for the area affected by the schedule.

14/12/2023
– The construction of an outdoor swimming pool associated with a dwelling unless a speci昀椀c
– The construction or extension of an outbuilding normal to a dwelling unless a speci昀椀c
– The construction of a building or construction or carrying out of works for a small second
dwelling if all the following requirements are met:
The building height must not exceed 5 metres.
The building must be 昀椀nished using muted tones and colours.
Demolish or remove a building if speci昀椀ed in a schedule to this overlay.

Remove, destroy or lop trees if speci昀椀ed in a schedule to this overlay. This does not apply:
– To a tree that is less than 5 metres in height or has a trunk circumference of less than 0.5
metre measured 1 metre above ground level.
– If the tree presents an immediate risk of personal injury or damage to property.
– If the removal, destruction or lopping of the tree is necessary for emergency access and
emergency works by a public authority or municipal council.
2.
Page 626 of 1195



There is no other current VicSmart application to remove, destroy or lop

a tree on the same land.
Construct, demolish or remove a fence. Clause 59.05
A domestic swimming pool or spa and associated mechanical equipment

and safety fencing.
A rainwater tank.
Demolish or remove an outbuilding (including a carport, garage, pergola, Clause 59.05

verandah, deck, shed or similar structure).
43.05-3 Modification to Clause 54 and Clause 55 standards

14/12/2023
VC253 A schedule to this overlay may modify:
The requirements of any standard of Clause 54, including any requirements speci昀椀ed in the
schedule to the Neighbourhood Residential Zone, General Residential Zone, Residential Growth
Zone, Mixed Use Zone or Township Zone. This does not apply to Standards A1, A9, A9.1,
A12, A13, A14 and A16 of Clause 54.
The requirements of any standard of Clause 55, including any requirements speci昀椀ed in the
schedule to the Neighbourhood Residential Zone, General Residential Zone, Residential Growth
Zone, Mixed Use Zone or Township Zone. This does not apply to Standards B1, B2, B3, B4,
B19, B20, B21, B27 and B35 to B49 of Clause 55.

31/07/2018
VC148 An application under this overlay for any of the following classes of development is exempt from
the notice requirements of section 52(1) (a), (b) and (d), the decision requirements of section 64(1),
(2) and (3) and the review rights of section 82(1) of the Act:
Demolition or removal of an outbuilding normal to a dwelling.
Construction of a swimming pool.

31/07/2018
VC148 Before deciding on an application, in addition to the decision guidelines of Clause 65, the
responsible authority must consider, as appropriate:
The statement of the key features of the neighbourhood character and the neighbourhood
character objectives contained in a schedule to this overlay.
Whether the location, layout and form of the proposed development respects the neighbourhood
character.
Page 627 of 1195

The contribution that the existing building makes to the neighbourhood character.
Whether the site is to remain vacant or is to be developed for another purpose.
The contribution that the tree makes to the neighbourhood character.
The health of the tree.
Any proposed landscape improvements.
Any matter speci昀椀ed in a schedule to this overlay.
Page 628 of 1195

21/07/2022
C222whse
SCHEDULE 1 TO CLAUSE 43.05 NEIGHBOURHOOD CHARACTER OVERLAY
Shown on the planning scheme map as NCO1.
BLACKBURN EARLY SETTLEMENT NEIGHBOURHOOD CHARACTER
1.0 Statement of neighbourhood character

19/01/2006
VC37 The character of the Blackburn Early Settlement Neighbourhood Character area is based on the
combination of the consistency of building form and siting, which re昀氀ect the patterns established
by the earlier development of the area, and proximity to the Blackburn Lake environs. The frequency
of remaining pre-World War II era buildings is also an important component that is considered to
contribute to an understanding of the historical development of Blackburn and surrounding areas.
and preferred neighbourhood character consists of predominately single storey buildings with
pitched roof building forms, within a garden setting achieved by substantial side, front and rear
building setbacks, and prevalence of large trees. The setbacks from both side boundaries allow
glimpses of rear garden planting to be gained from the streets. The streetscapes have an open,
spacious, well vegetated feel due to the wide grassed verges in some streets, the low or open style
fencing and existing vegetation.

19/01/2006
VC37 To ensure that new buildings and works re昀氀ect the preferred neighbourhood character of the area.

19/01/2006
VC37 A permit is required to construct an outdoor swimming pool associated with a dwelling.
A permit is required to construct or extend an outbuilding normal to a dwelling.
A permit is required to demolish or remove a building.
4.0 Modification to Clause 54 and Clause 55 standards

20/01/2022
VC205
Standard Modified Requirement
A3 STREET Walls of buildings should be set back from streets the distance specified in Table
SETBACK NCO1.A1.
Porches, pergolas, balconies, verandahs and eaves that are less than 3.6 metres high
may encroach not more than 2.5 metres into the setbacks of this standard.
Table NCO1.A1 Street setback
Development Minimum Setback From Front Street Minimum Setback

Context (Metres) From A Side Street
(Metres)
There is an existing The average distance of the setbacks of Not applicable.

building on both the the front walls of the existing buildings on
abutting allotments the abutting allotments facing the front
facing the same street or 7 metres, whichever is the
street, and the site is greater.
not on a corner.
There is an existing The same distance as the setback of the Not applicable.
building on one front wall of the existing building on the
abutting allotment abutting allotment facing the front street
facing the same or 7 metres, whichever is the greater.
street and no
existing building on
the other abutting
Page 629 of 1195

allotment facing the

same street, and the
site is not on a
corner.
There is no existing 7 metres. Not applicable.

building on either of
the abutting
allotments facing the
same street, and the
site is not on a
corner.
The site is on a If there is a building on the abutting Front walls of new

corner. allotment facing the front street, the same development fronting
distance as the setback of the front wall the side street of a
of the existing building on the abutting corner site should be
allotment facing the front street or 7 set back the same
metres, whichever is the greater. distance as the
setback of the front
If there is no building on the abutting wall of any existing
allotment facing the front street, 7 metres. building on the
abutting allotment
facing the side street
or 3 metres,
whichever is the
greater.
Side walls of new
development on a
corner site should be
set back the same
distance as the
setback of the front
wall of any existing
building on the
abutting allotment
facing the side street
or 2 metres,
whichever is the
lesser.
A4 BUILDING The maximum building height should not exceed 7.5 metres.
HEIGHT
Changes of building height between existing buildings and new buildings should be
graduated by recessing the upper levels from the ground level.
A5 SITE The site area covered by buildings should not exceed 40 per cent.
COVERAGE
A8 Development should provide for the retention and planting of trees, and provide for the
SIGNIFICANT planting of indigenous and complementary native vegetation wherever possible.
TREES
Development should provide for the replacement of any significant trees that have been
removed in the 12 months prior to the application being made.
A9 PARKING Two car spaces should be provided per dwelling with:

One space at least 6 metres long and 3.5 metres wide and covered or capable of
being covered.
The second space at least 4.9 metres long and 2.6 metres wide.
If the car spaces are provided in a garage, carport or otherwise constrained by walls, a
double space may be 5.5 metres wide measured inside the garage or carport.
A building may project into a car space if it is at least 2.1 metres above the space.
Car spaces provided within a garage, carport or otherwise constrained by walls should
not be located forward of a dwelling fronting a street.
The requirements of this standard do not apply to extensions to existing dwellings.
Page 630 of 1195

A10 SIDE AND A new building should be set back from one side boundary a minimum of 1 metre, and
REAR on the other side boundary a minimum of 3 metres.
SETBACKS
A new building should be set back a minimum of 5 metres from the rear boundary.
A new building should be set back from the side or rear boundary a minimum of 1 or 3
or 5 metres as required above, plus 0.3 metres for every metre of height over 3.6 metres
up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres.
Sunblinds, verandahs, balconies, porches, eaves, fascias, gutters, chimneys, flues, pipes,
domestic fuel or water tanks, and heating or cooling equipment or other services may
encroach not more than 0.5 metres into the setbacks of this standard.
A11 WALLS Buildings should not be built on boundaries.

ON
BOUNDARIES
A19 DESIGN The design of buildings, including:

DETAIL
Façade articulation and detailing,
Window and door proportions,
Roof form and pitch,
Verandahs, eaves and parapets,
should respect the preferred neighbourhood character of the area.
Garages and carports should be visually unobtrusive and compatible with the development
and the preferred neighbourhood character.
A20 FRONT The design of front fences should complement the era and design of the dwelling or
FENCES residential building and any front fences on adjoining properties.
A front fence within 3 metres of a street should not exceed the height specified in Table
NCO1.A2.
Table NCO1.A2 Maximum front fence height
Street Context Maximum Front Fence Height
Streets in a Transport Zone 2 1.5 metres
Other streets 1.2 metres
B6 STREET Walls of buildings should be set back from streets the distance specified in Table
SETBACK NCO1.B1.
Porches, pergolas, balconies, verandahs and eaves that are less than 3.6 metres high
Table NCO1.B1 Street setback
Development Context Minimum Setback From Minimum Setback From A

Front Street (Metres) Side Street (Metres)
There is an existing The average distance of the Not applicable.

building on both abutting setbacks of the front walls
allotments facing the same the existing buildings on the
street, and the site is not abutting allotments facing
on a corner. the front street or 7 metres,
whichever is the greater.
There is an existing The same distance as the Not applicable.

building on one abutting setback of the front wall of
allotment facing the same the existing building on the
street and no existing abutting allotment facing the
building on the other front street or 7 metres,
abutting allotment facing whichever is the greater.
the same street, and the
site is not on a corner.
Page 631 of 1195

There is no existing 7 metres. Not applicable.

building on either of the
abutting allotments facing
the same street, and the
The site is on a corner. If there is a building on the Front walls of new

abutting allotment facing the development fronting the
front street, the same side street of a corner site
distance as the setback of should be set back the
the front wall of the existing same distance as the
building on the abutting setback of the front wall of
allotment facing the front any existing building on the
street or 7 metres, whichever abutting allotment facing the
is the greater. side street or 3 metres,
If there is no building on the
abutting allotment facing the Side walls of new
front street, 7 metres. development on a corner
site should be set back the
same distance as the
setback of the front wall of
any existing building on the
abutting allotment facing the
side street or 2 metres,
B7 BUILDING The maximum building height should not exceed 7.5 metres.
HEIGHT
Changes of building height between existing buildings and new buildings should be
graduated by recessing the upper levels from the ground level.
B8 SITE The site area covered by buildings should not exceed 40 per cent.
COVERAGE
B13 The landscape layout and design should:

LANDSCAPING
Protect and strengthen the garden setting of the dwellings.
Take into account the soil type and drainage patterns of the site.
Allow for intended vegetation growth and structural protection of buildings.
Maintain and enhance the existing habitat of the Blackburn Lake area.
Provide a safe, attractive and functional environment for residents.
Development should provide for the retention and planting of trees, and provide for the
planting of indigenous and complementary native vegetation wherever possible.
Development should provide for the replacement of any significant trees that have been
removed in the 12 months prior to the application being made.
The landscape design should specify landscape themes, vegetation (location and
species), paving and lighting.
B15 PARKING Car parking facilities should:

LOCATION
Be reasonably close and convenient to dwellings and residential buildings.
Be secure.
Be designed to allow safe and efficient movements within the development.
Be well ventilated if enclosed.
Be used primarily for the storage of vehicles.
Be located to the side or rear of dwellings fronting the street, behind the line of the
front wall of the dwelling.
Large parking areas should be broken up with trees, buildings or different surface
treatments.
Shared accessways or car parks of other dwellings and residential buildings should be
located at least 1.5 metres from the windows of habitable rooms. This setback may be
reduced to 1 metre where there is a fence at least 1.5 metres high or where window
sills are at least 1.4 metres above the accessway.
Page 632 of 1195

B17 SIDE AND A new building should be set back from one side boundary a minimum of 1 metre, and
REAR on the other side boundary a minimum of 3 metres.
SETBACKS
A new building should be set back a minimum of 5 metres from the rear boundary.
A new building should be set back from the side or rear boundary a minimum of 1 or 3
or 5 metres as required above, plus 0.3 metres for every metre of height over 3.6 metres
up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres.
Sunblinds, verandahs, balconies, porches, eaves, fascias, gutters, chimneys, flues,
pipes, domestic fuel or water tanks, and heating or cooling equipment or other services
B18 WALLS ON Buildings should not be constructed on a boundary.

BOUNDARIES
B31 DESIGN The design of buildings, including:

DETAIL
Façade articulation and detailing,
Garages and carports should be visually unobtrusive and compatible with the
development and the preferred neighbourhood character.
B32 The design of front fences should complement the era and design of the dwelling or residential
FRONT building and any front fences on adjoining properties.
FENCES
A front fence within 3 metres of a street should not exceed the height specified in Table
NCO1.B2.
Table NCO1.B2 Maximum front fence height
Street Context Maximum Front Fence Height
Streets in a Transport Zone 2 1.5 metres

21/07/2022
C222whse The following decision guidelines apply to an application for a permit under Clause 43.05 in
The extent to which any building to be extended or otherwise modi昀椀ed, contributes to the
preferred neighbourhood character of the area, in terms of building form and siting on the lot.
Whether the new building is located to ensure large setbacks from the side and rear boundaries.
Whether the new building is located to ensure a substantial setback from the front boundary to
respect the predominant setback in the street.
Whether the new building respects the predominant single storey, pitched roof forms in the
area.
Blackburn Lake Surrounds Study 2002 (Planisphere with John Curtis Pty Ltd) including the Precinct
Brochure for Precinct 5.
Page 633 of 1195

21/07/2022
C222whse
SCHEDULE 2 TO CLAUSE 43.05 NEIGHBOURHOOD CHARACTER OVERLAY
Shown on the planning map as NCO2.
BOX HILL NEIGHBOURHOOD CHARACTER
1.0 Statement of neighbourhood character

19/07/2007
C57(Part 2) The small area of Box Hill affected by this Overlay exhibits a particularly consistent streetscape
of buildings, most of which date from the Interwar area. The majority of dwellings are weatherboard
and render Californian Bungalows of similar, but not identical, designs. Dwellings from earlier
eras also contribute to the character of the area. The key components of the character of the area
are the consistency of scale, building forms, siting, materials and front fence styles and height.
and preferred neighbourhood character consists of predominately single storey, weatherboard
buildings with low, wide pitched roof building forms, within a garden setting achieved by substantial
side, front and rear building setbacks. The setbacks from both side boundaries allow glimpses of
rear garden planting to be gained from the streets. The streetscapes have an open, spacious feel
due to the grassed verges and the low and open style fencing appropriate to the Interwar era

19/07/2007
C57(Part 2) To ensure that new buildings and works re昀氀ect the preferred character of the surrounding area.
To ensure new buildings re昀氀ect and complement the scale, setback, siting, materials and overall
form of existing buildings.
To ensure streetscapes retain an open, spacious character created by large front gardens
unencumbered by garages, other buildings or large expanses of paving, and low, open style front
fences appropriate to the building era.

19/07/2007
C57(Part 2) A permit is required to construct or extend an outbuilding normal to a dwelling.
A permit is required to demolish or remove a building.
4.0 Modification to Clause 54 and Clause 55 standards

19/07/2007
C57(Part 2)
Minimum Walls of buildings should be setback from streets the distance specified in the Street Setback
street Table below.
setback
Street Setback Table
A3 and
B6 Development Context Minimum Setback From Front Minimum Setback From A
Street (Metres) Side Street (Metres)
There is an existing building 7 metres or the average distance Not applicable.

on both abutting allotments of the setbacks of the front walls
facing the same street, and of the existing buildings on the
the site is not on a corner. abutting allotments facing the
front street, whichever is the
greater.
There is an existing building 7 metres or the same distance Not applicable.

on one abutting allotment as the setback of the existing
facing the same street and building on the abutting
no existing building on the allotment facing the front street,
Page 634 of 1195

other abutting allotment

facing the same street, and
the site is not on a corner.
There is no existing building 7 metres. Not applicable.

on either of the abutting
allotments facing the same
street, and the site is not on
a corner.
The site is on a corner. If there is a building on the Front walls of new

abutting allotment facing the development fronting the side
front street, the same distance street of a corner site should
as the setback of the front wall be setback at least the same
of the existing building on the distance as the setback of the
abutting allotment facing the front wall of the existing
front street or 7 metres, building on the abutting
whichever is the greater. allotment facing the side
street, or 3 metres whichever
If there is no building on the is the greater.
front street, 7 metres. Side walls of new
development on a corner site
should be setback the same
distance as the setback of the
front wall of any existing
building on the abutting
allotment facing the side street
or 2 metres, whichever is the
lesser.
Building The maximum building height should not exceed 7.5 metres or two storeys, whichever is the
height lesser.
A4 and Changes of building height between existing buildings and new buildings should be graduated
B7 by recessing the upper levels from the ground level.
Parking Two car spaces should be provided per dwelling with:

A9 One car space at least 6 metres long and 3.5 metres wide covered or capable of
being covered.
The second space at least 4.9 metres long and 2.6 metres wide.
If the car spaces are provided in a garage, car port or otherwise constrained by walls,
a double space may be 5.5 metres wide if measured inside the garage or car port.
A building may project into a car space if it is at least 2.1 metres above the space.
Car spaces provided within a garage, car port or otherwise constrained by walls should
not be located forward of a dwelling fronting a street.
The requirements of this standard do not apply to extensions to existing dwellings.
Side and rear A new building not or within 150mm of a boundary should be set back from one side
setbacks boundary a minimum of 1 metre, and on the other side boundary a minimum of 3
metres.
A10 and B17
A new building not on or within 150mm of a boundary should be setback a minimum
of 5 metres from the rear boundary.
A new building should be setback from the side or rear boundary a minimum of 1 or
3 or 5 metres as required above, plus 0.3 metres for every metre of height over 3.6
metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres.
Sunblinds, verandahs, balconies, porches, eaves, fascias, gutters, chimneys, flues,
pipes, domestic fuel or water tanks, and heating or cooling equipment associated with
a dwelling, may encroach into the setbacks of this standard.
Walls on Buildings should not be constructed on a boundary except if the building is one of the
boundaries following:
A11 and B18 carport;
Page 635 of 1195

garage;
outbuilding;
and has a total maximum wall length on the boundary of 6 metres, a maximum area
of 21 square metres, and is setback behind the front wall of the dwelling.
Design detail The design of buildings, including:

A19 and B31 Façade articulation and detailing,
The number of storeys,
Materials and finishes, and
Building siting,
Garage and car port design should be visually unobtrusive and compatible with the
development and the preferred neighbourhood character.
Front fence height The design of front fences should complement the era and design of the dwelling or
residential building and any front fences on adjoining properties.
A20 and B32
A front fence within 3 metres of a street should not exceed a height of 1.2 metres.
Parking location Car parking facilities should:

B15 Be reasonably close and convenient to dwellings and residential buildings.
Be secure.
Be designed to allow safe and efficient movements within the development.
Be located to the side or rear of dwellings fronting the street, behind the front wall
of the dwelling.
Large parking areas should be broken up with trees, buildings or different surface
treatments.
Shared accessways or car parks of other dwellings and residential buildings should
be located at least 1.5 metres from the windows of habitable rooms. This setback may
be reduced to 1 metre where there is a fence at least 1.5 metres high or where window
sills are at least 1.4 metres above the accessway.

21/07/2022
C222whse The following decision guidelines apply to an application for a permit under Clause 43.05 in
The extent to which any building to be demolished, extended or otherwise modi昀椀ed, contributes
to the preferred character of the area, in terms of building form and siting on the lot.
The extent to which the proposed buildings or works assists in re昀氀ecting and enhancing the
Whether the building is located to ensure large setbacks from the side and rear boundaries.
Whether the new building respects the predominant single storey, pitched roof forms in the
area.
2003)
Page 636 of 1195

Review of Neighbourhood Character Implementation Recommendations, Part 2 Review Areas

(Planisphere, July 2004)
Page 637 of 1195

44 LAND MANAGEMENT OVERLAYS

19/01/2006
VC37
Page 638 of 1195

44.04 LAND SUBJECT TO INUNDATION OVERLAY

06/09/2021
VC171 Shown on the planning scheme map as LSIO with a number (if shown).
Purpose
To identify 昀氀ood prone land in a riverine or coastal area affected by the 1 in 100 (1 per cent Annual
Exceedance Probability) year 昀氀ood or any other area determined by the 昀氀oodplain management
authority.
To ensure that development maintains the free passage and temporary storage of 昀氀oodwaters,
minimises 昀氀ood damage, responds to the 昀氀ood hazard and local drainage conditions and will not
cause any signi昀椀cant rise in 昀氀ood level or 昀氀ow velocity.
To minimise the potential 昀氀ood risk to life, health and safety associated with development.
To re昀氀ect a declaration under Division 4 of Part 10 of the Water Act, 1989.
protecting water supply catchment areas, and managing saline discharges to minimise the risks to
To ensure that development maintains or improves river, marine, coastal and wetland health,
waterway protection and 昀氀oodplain health.
44.04-1 Land subject to inundation objectives and statement of risk

24/01/2020
VC160 A schedule to this overlay may contain:
Land subject to inundation management objectives to be achieved.
A statement of risk.

14/12/2023
VC253 A permit is required to construct a building or to construct or carry out works, including:
A fence.
Roadworks, if the water 昀氀ow path is redirected or obstructed.
Bicycle pathways and trails.
Public toilets.
Rainwater tank with a capacity of not more than 10,000 litres.
A pergola or verandah, including an open-sided pergola or verandah to a dwelling or a small
second dwelling with a 昀椀nished 昀氀oor level not more than 800mm above ground level and a
maximum building height of 3 metres above ground level.
A deck, including a deck to a dwelling or a small second dwelling with a 昀椀nished 昀氀oor level
not more than 800mm above ground level.
A disabled access ramp.
If a schedule to this overlay speci昀椀cally states that a permit is not required.
To roadworks or bicycle paths and trails constructed or carried out by or on behalf of the Head,
Page 639 of 1195

To 昀氀ood mitigation works carried out by the responsible authority or 昀氀oodplain management
authority.
To the following works in accordance with plans prepared to the satisfaction of the responsible
authority:
the land.
towers or poles.
To post and wire and post and rail fencing.
44.04-3 Subdivision
31/07/2018

31/07/2018
44.04-5 Local floodplain development plan

31/07/2018
VC148 If a local 昀氀oodplain development plan has been developed for the area and has been incorporated

31/07/2018
VC148 An application under this overlay is exempt from the notice requirements of section 52(1)(a), (b)
82(1) of the Act.

31/07/2018
55 of the Act unless in the opinion of the responsible authority, the proposal satis昀椀es requirements
or conditions previously agreed in writing between the responsible authority and the 昀氀oodplain

06/09/2021
Any local 昀氀oodplain development plan.
Any comments from the relevant 昀氀oodplain management authority.
lesser 昀氀ood hazard outside this overlay.
Alternative design or 昀氀ood proo昀椀ng responses.
The potential 昀氀ood risk to life, health and safety associated with the development. Flood risk
factors to consider include:
Page 640 of 1195

– Tidal patterns.
– Coastal inundation and erosion.

The effect of the development on river, marine and coastal health values including wetlands,
natural habitat, stream stability, erosion, environmental 昀氀ows, water quality, estuaries and sites
of scienti昀椀c signi昀椀cance.
Page 641 of 1195

21/07/2022
C222whse
SCHEDULE TO CLAUSE 44.04 LAND SUBJECT TO INUNDATION OVERLAY
Shown on the planning scheme map as LSIO.
1.0 Land subject to inundation objectives to be achieved

21/07/2022
2.0 Statement of risk

21/07/2022

21/07/2022

21/07/2022

21/07/2022
Page 642 of 1195

44.05 SPECIAL BUILDING OVERLAY

01/07/2021
VC203 Shown on the planning scheme map as SBO with a number (if shown).
Purpose
To identify land in urban areas liable to inundation by overland 昀氀ows from the urban drainage
system as determined by, or in consultation with, the 昀氀oodplain management authority.
To ensure that development maintains the free passage and temporary storage of 昀氀oodwaters,
minimises 昀氀ood damage, is compatible with the 昀氀ood hazard and local drainage conditions and
will not cause any signi昀椀cant rise in 昀氀ood level or 昀氀ow velocity.
protecting water supply catchment areas, and managing saline discharges to minimise the risks to
44.05-1 Flooding management objectives and statement of risk

31/07/2018
VC148 A schedule to this overlay may contain:
Flooding management objectives to be achieved.
A statement of risk.

14/12/2023
VC253 A permit is required to construct a building or to construct or carry out works, including:
A fence.
Roadworks, if the water 昀氀ow path is redirected or obstructed.
Public toilets.
A rainwater tank with a capacity of not more than 10,000 litres.
A pergola or verandah, including an open-sided pergola or verandah to a dwelling or small
second dwelling with a 昀椀nished 昀氀oor level not more than 800mm above ground level and a
maximum building height of 3 metres above ground level.
A deck, including a deck to a dwelling or small second dwelling with a 昀椀nished 昀氀oor level not
more than 800mm above ground level.
To roadworks or bicycle paths and trails constructed or carried out by or on behalf of the Head,
To 昀氀ood mitigation works carried out by the responsible authority or 昀氀oodplain management
authority.
To the following works in accordance with plans prepared to the satisfaction of the responsible
authority:
Page 643 of 1195

the land.
towers or poles designed to operate at more than 66,000 volts.
To landscaping, driveways, vehicle cross overs, footpaths or bicycle paths if there is no

signi昀椀cant change to existing surface levels, or if the relevant 昀氀oodplain management authority
has agreed in writing that the 昀氀owpath is not obstructed.
To an extension of less than 20 square metres in 昀氀oor area to an existing building (not including
an out-building), where the 昀氀oor levels are constructed to at least 300mm above the 昀氀ood level
or if the relevant 昀氀oodplain management authority has agreed in writing that the 昀氀owpath is
not obstructed.
To an upper storey extension to an existing building.
To an alteration to an existing building where the original building footprint remains the same
and 昀氀oor levels are constructed to at least 300mm above 昀氀ood level.
To an out-building (including replacement of an existing building) if the out-building is less
than 10 square metres in 昀氀oor area and constructed to at least 150mm above the 昀氀ood level or
the relevant 昀氀oodplain management authority has agreed in writing that the 昀氀owpath is not
obstructed.
To a replacement building (not including an out-building) if it is constructed to at least 300mm
above the 昀氀ood level and the original building footprint remains the same. The responsible
authority may require evidence of the existing building envelope.
To fencing with at least 25% openings and with the plinth at least 300mm above the 昀氀ood level.
To a replacement fence in the same location and of the same type and materials as the existing
fence.
To a pergola or an open deck area with unenclosed foundations.
To a carport constructed over an existing carspace.
To an in-ground swimming pool and associated security fencing, where the perimeter edging
of the pool is constructed at natural surface levels and excavated material is removed from the
昀氀owpath.
To a tennis court at existing surface level with fencing designed to minimise obstruction to
昀氀ows.
To an aviary or other enclosure for a domestic animal if it is less than 10 square metres in 昀氀oor
area at ground level.
To open sided verandahs, open sided picnic shelters, barbeques and park furniture (excluding
playground equipment) if there is less than 30mm change to existing surface levels.
To radio masts, light poles or signs on posts or attached to buildings.
2.
Class of application Information requirements and decision

guidelines
Construct a building or construct or carry out works. Clause 59.08
Page 644 of 1195

44.05-3 Subdivision
31/07/2018
2.

requirements and
decision
guidelines
Any of the following classes of subdivision: Clause 59.08
Subdivide land to realign the common boundary between 2 lots where the area
of either lot is reduced by less than 15 percent and the general direction of the
common boundary does not change.
Subdivide land into lots each containing an existing building or car parking space
where:
– The buildings or car parking spaces have been constructed in accordance

– An occupancy permit or a certificate of final inspection has been issued under

Subdivide land into 2 lots if:
– The construction of a building or the construction or carrying out of works on

the land is approved under this scheme or by a permit issued under this
– The construction or carrying out of the approved building or works on the land
has started lawfully.
– The subdivision does not create a vacant lot.

31/07/2018
VC148 Unless otherwise agreed in writing by the relevant 昀氀oodplain management authority, an application
to construct a building or construct or carry out works must be accompanied by a site plan which
shows, as appropriate:
The boundaries and dimensions of the site.
Relevant existing and proposed ground levels, to Australian Height Datum, taken by or under
the direction or supervision of a licensed land surveyor.
The layout, size and use of existing and proposed buildings and works, including vehicle parking
areas.
Floor levels of any existing and proposed buildings to Australian Height Datum.
Cross sectional details of any basement entry ramps and other basement entries to Australian
Height Datum, showing 昀氀oor levels of entry and exit areas and drainage details.
Any other application requirements speci昀椀ed in a schedule to this overlay.
Page 645 of 1195

Local floodplain development plan

If a local 昀氀oodplain development plan has been developed for the area and has been incorporated

31/07/2018
82(1) of the Act.

31/07/2018
55 of the Act unless in the opinion of the responsible authority, the proposal satis昀椀es requirements
or conditions previously agreed to in writing between the responsible authority and the 昀氀oodplain

31/07/2018
Any local 昀氀oodplain development plan.
Any comments from the relevant 昀氀oodplain management authority.
Flood risk factors to consider include:

Page 646 of 1195

21/07/2022
C222whse
SCHEDULE TO CLAUSE 44.05 SPECIAL BUILDING OVERLAY
Shown on the planning scheme map as SBO.
1.0 Flooding management objectives to be achieved

21/07/2022
2.0 Statement of risk

21/07/2022

21/07/2022

21/07/2022

21/07/2022
Page 647 of 1195

44.06 BUSHFIRE MANAGEMENT OVERLAY

31/07/2018
VC148 Shown on the planning scheme map as BMO with a number (if shown).
Purpose
To ensure that the development of land prioritises the protection of human life and strengthens
community resilience to bush昀椀re.
To identify areas where the bush昀椀re hazard warrants bush昀椀re protection measures to be
implemented.
To ensure development is only permitted where the risk to life and property from bush昀椀re can be
reduced to an acceptable level.
44.06-1 Bushfire management objectives and application of schedules

19/09/2017
VC132 A schedule to this overlay must contain a statement of the bush昀椀re management objectives to be
achieved for the area affected by the schedule and when the requirements within it apply.

14/12/2023
VC253
Subdivision
A permit is required to subdivide land. This does not apply if a schedule to this overlay speci昀椀cally
states that a permit is not required.
Buildings and works

A permit is required to construct a building or construct or carry out works associated with the
following uses:
Accommodation (including a moveable unit as de昀椀ned under the Housing Act 1983)
Education centre
Hospital
Industry
Leisure and recreation
Of昀椀ce
Place of assembly
Retail premises
Service station
Timber production
Warehouse
This does not apply to any of the following:
A building or works consistent with an agreement under Section 173 of the Act prepared in
accordance with a condition of permit issued under the requirements of Clause 44.06-5.
An alteration or extension to an existing building used for a dwelling or a small second
dwelling that is less than 50 percent of the gross 昀氀oor area of the existing building.
An alteration or extension to an existing building (excluding a dwelling and a small second
dwelling) that is less than 10 percent of the gross 昀氀oor area of the existing building.
Page 648 of 1195

A building or works with a 昀氀oor area of less than 100 square metres not used for accommodation
and ancillary to a dwelling.
A building or works associated with Timber production provided the buildings or works are
not within 150 metres of Accommodation or land zoned for residential or rural residential
purposes.

20/03/2023
VC229 Unless a schedule to this overlay speci昀椀es different requirements, an application must be
accompanied by:
A bush昀椀re hazard site assessment including a plan that describes the bush昀椀re hazard within
150 metres of the proposed development. The description of the hazard must be prepared in
accordance with Sections 2.2.3 to 2.2.5 of AS3959:2018 Construction of buildings in bush昀椀re
prone areas (Standards Australia) excluding paragraph (a) of section 2.2.3.2. Photographs or
other techniques may be used to assist in describing the bush昀椀re hazard.
A bush昀椀re hazard landscape assessment including a plan that describes the bush昀椀re hazard
of the general locality more than 150 metres from the site. Photographs or other techniques
may be used to assist in describing the bush昀椀re hazard. This requirement does not apply to a
dwelling that includes all of the approved measures speci昀椀ed in Clause 53.02-3.
A bush昀椀re management statement describing how the proposed development responds to
the requirements in this clause and Clause 53.02. If the application proposes an alternative
measure, the bush昀椀re management statement must explain how the alternative measure meets
the relevant objective.
If in the opinion of the responsible authority any part of these requirements is not relevant to the
assessment of an application, the responsible authority may waive, vary or reduce the requirement.
44.06-4 Requirements of Clause 53.02

31/07/2018
VC148 An application must meet the requirements of Clause 53.02 unless the application meets all of the
requirements speci昀椀ed in a schedule to this overlay.
A schedule to this overlay may specify substitute approved measures, additional alternative measures
and additional or substitute decision guidelines for the purposes of Clause 53.02.
44.06-5 Mandatory condition

31/07/2018
VC148
Subdivision
A permit which creates a lot for a single dwelling on land zoned for residential or rural residential
purposes must include the following condition:
“Before the statement of compliance is issued under the Subdivision Act 1988 the owner must
enter into an agreement with the responsible authority under Section 173 of the Planning and
Environment Act 1987. The agreement must:
State that it has been prepared for the purpose of an exemption from a planning permit under
Clause 44.06-2 of the [*insert name of applicable planning scheme] Planning Scheme.
Incorporate the plan prepared in accordance with Clause 53.02-4.4 of this planning scheme
and approved under this permit.
State that if a dwelling is constructed on the land without a planning permit that the bush昀椀re
protection measures set out in the plan incorporated into the agreement must be implemented
and maintained to the satisfaction of the responsible authority on a continuing basis.
The land owner must pay the reasonable costs of the preparation, execution and registration of
the Section 173 Agreement.”
Page 649 of 1195


If a schedule to this overlay speci昀椀es that a Section 173 Agreement is not required.
Where the relevant 昀椀re authority states in writing the preparation of an agreement under Section
173 of the Act is not required for the subdivision.
For the subdivision of the land into lots each containing an existing dwelling or car parking
space.
A permit to subdivide land must include any condition speci昀椀ed in a schedule to this overlay.
Buildings and works

A permit to construct a building or construct or carry out works must include the following
condition:
“The bush昀椀re protection measures forming part of this permit or shown on the endorsed plans,
including those relating to construction standards, defendable space, water supply and access,
must be maintained to the satisfaction of the responsible authority on a continuing basis. This
condition continues to have force and effect after the development authorised by this permit has
been completed.”
A permit allowing a dwelling to be constructed to the next lower bush昀椀re attack level in accordance
with AM1.2 in Clause 53.02-3 must include the following condition:
“Before the development starts, the owner must enter into an agreement with the responsible
authority under section 173 of the Planning and Environment Act 1987 to provide for the following:
A dwelling constructed in accordance with planning permit [*insert planning permit reference]
must not be occupied until a private bush昀椀re shelter (a Class10c building within the meaning
of the Building Regulations 2006) is:
– Constructed on the same land as the dwelling.
– Available for use by the occupants of the dwelling at all times.
– Maintained in accordance with the requirements of the building permit issued for that private
bush昀椀re shelter.
The land owner must pay the reasonable costs of the preparation, execution and registration of
the Section 173 Agreement.”
A permit to construct a building or construct or carry out works must include any condition speci昀椀ed
in a schedule to this overlay.

19/09/2017
VC132 An application must be referred under Section 55 of the Act to the person or body speci昀椀ed as the
referral authority in Clause 66.03, unless a schedule to this overlay speci昀椀es otherwise.
44.06-7 Notice and review

31/07/2018
VC148 An application is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision
requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act, unless
a schedule to this overlay speci昀椀es otherwise.
A schedule to this overlay may specify that notice be given to any person or body in accordance
with section 52(1)(c) of the Act.

31/07/2018
VC148 Before deciding on an application, in addition to the decision guidelines in Clause 53.02 and Clause
65, the responsible authority must consider, as appropriate:
Page 650 of 1195


44.06-9 Transitional arrangements

19/09/2017
VC132 The requirements of Clause 44.06 Bush昀椀re Management Overlay do not apply to a single dwelling,
or a dependent person's unit, when a permit under the Building Act 1993 was issued before the
commencement of Amendment GC13, if:
vegetation is managed to accord with the bush昀椀re attack level assessment undertaken at the
time the building permit was issued; and
a static water supply of:
– 2500 litres on lots of 500 square metres or less
– 5000 litres on lots of more than 500 square metres,
is provided to the satisfaction of the responsible authority.
no permit was required for such development under Clause 44.06 before the commencement
of Amendment GC13.
Page 651 of 1195

21/07/2022
C222whse
SCHEDULE 1 TO CLAUSE 44.06 BUSHFIRE MANAGEMENT OVERLAY
Shown on the planning scheme map as BMO1.
MITCHAM BAL-29 AREAS
1.0 Statement of the bushfire management objectives to be achieved

21/07/2022
C222whse To specify bush昀椀re protection measures to construct or extend one dwelling on a lot.
To specify referral requirements for applications to construct or extend one dwelling on a lot.
2.0 Application
21/07/2022
C222whse The application to construct or extend one dwelling on a lot must include all the requirements set
out in this schedule.
Clause 53.02 applies in all other circumstances.

21/07/2022

21/07/2022
C222whse An application must be accompanied by a bush昀椀re management plan that:
Shows all of the required bush昀椀re protection measures speci昀椀ed in this schedule,
Includes written conditions that implement the required bush昀椀re protection measures,
Identi昀椀es water supply including the location of any 昀椀re hydrant within 120 metres of the rear
of the building, and
Details vehicle access.
5.0 Requirements to be met

21/07/2022
C222whse The following requirements apply to an application to construct a single dwelling on a lot:
The dwelling must be constructed to BAL-29
Defendable space is to be provided for a distance of 30 metres around the dwelling or to the
property boundary, whichever is the lesser and maintained in accordance with the vegetation
management requirements of Clause 53.02 with the following variation:
– The canopy of trees must be separated by at least 2 metres.
A static water supply must be provided in accordance with Clause 53.02, and
Vehicle access must be provided in accordance with Clause 53.02.
If these requirements are not met, the requirements of Clause 53.02 apply.
6.0 Substitute approved measures for Clause 53.02

21/07/2022
7.0 Additional alternative measures for Clause 53.02

21/07/2022
8.0 Mandatory Condition

21/07/2022
C222whse An application must include the mandatory conditions as speci昀椀ed in Clause 44.06-5.
Page 652 of 1195

9.0 Referral of application not required

21/07/2022
C222whse An application for a single dwelling on a lot meeting all of the required bush昀椀re protection
measures is not required to be referred under Section 55 of the Act to the person or body speci昀椀ed
as the referral authority in Clause 66.03.
10.0 Notice and review

21/07/2022

21/07/2022
Whether all of the bush昀椀re protection measures in this schedule have been met.
Page 653 of 1195

45 OTHER OVERLAYS
19/01/2006
VC37
Page 654 of 1195

45.01 PUBLIC ACQUISITION OVERLAY

31/07/2018
VC148 Shown on the planning scheme map as PAO with a number.
Purpose
To identify land which is proposed to be acquired by a Minister, public authority or municipal
council.
To reserve land for a public purpose and to ensure that changes to the use or development of the
land do not prejudice the purpose for which the land is to be acquired.
To designate a Minister, public authority or municipal council as an acquiring authority for land
reserved for a public purpose.
45.01-1 Permit required

14/12/2023
Use land for any Section 1 or Section 2 use in the zone.
Construct a building or construct or carry out works, including:
– A domestic swimming pool or spa and associated mechanical and safety equipment if
associated with one dwelling on a lot.
– A pergola or verandah, including an open-sided pergola or verandah to a dwelling or a small
second dwelling with a 昀椀nished 昀氀oor level not more than 800mm above ground level and
a maximum building height of 3 metres above ground level.
– A deck, including a deck to a dwelling or a small second dwelling with a 昀椀nished 昀氀oor level
not more than 800mm above ground level.
Damage, demolish or remove a building or works.

Damage, remove, destroy or lop any vegetation. This does not apply:
– If the vegetation has been planted for pasture, timber production or any other crop.
– If the vegetation presents an immediate risk of personal injury or damage to property.
Subdivide land.
To the acquiring authority for the land if the land has been acquired and any of the above matters
for which a permit is required is consistent with the purpose for which the land was acquired.
To an authority or a municipal council if the responsible authority, after consulting with the
acquiring authority for the land, is satis昀椀ed that any of the above matters for which a permit is
required is consistent with the purpose for which the land is to be acquired.

31/07/2018
82(1) of the Act.
Page 655 of 1195


28/10/2013
VC102 An application must be referred under Section 55 of the Act to the acquiring authority for the land.

31/07/2018
The effect of the proposed use or development on the purpose for which the land is to be
acquired as speci昀椀ed in the schedule to this overlay.
A permit granted under this clause may be conditional on:
The extent of alterations and extensions to an existing building and works, and the materials
that may be used.
The location, dimensions, design and material or a new building or works.
The demolition, removal or alteration of any buildings or works.
The demolition or removal of buildings or works constructed or carried out in accordance with
a permit under this clause.
No compensation being payable for the demolition or removal of any buildings or works
constructed under the permit.
45.01-5 Land not to be spoiled or wasted

19/01/2006
VC37 Land must not be spoiled or wasted so as to adversely affect the use of the land for the purpose
for which it is to be acquired.
45.01-6 Reservation for public purpose

19/01/2006
VC37 Any land included in a Public Acquisition Overlay is reserved for a public purpose within the
meaning of the Planning and Environment Act 1987, the Land Acquisition and Compensation Act
1986 or any other act.
45.01-7 Acquiring authority

28/10/2013
VC102 An acquiring authority is the Minister, public authority or municipal council speci昀椀ed in the
schedule to this overlay as the acquiring authority for the land.
Page 656 of 1195

15/10/2020
C227whse
SCHEDULE TO CLAUSE 45.01 PUBLIC ACQUISITION OVERLAY
PS Map Acquiring Authority Purpose of Acquisition
PAO1 Whitehorse City Council Public open space
PAO3 Roads Corporation Road purposes
PAO4 Roads Corporation Road widening
Page 657 of 1195

45.03 ENVIRONMENTAL AUDIT OVERLAY

01/07/2021
VC203 Shown on the planning scheme map as EAO.
Purpose
To ensure that potentially contaminated land is suitable for a use which could be signi昀椀cantly
adversely affected by any contamination.
Application
This provision applies to land in an Environmental Audit Overlay and applies whether or not a
permit is required.
45.03-1 Requirement
04/05/2022
VC210 Before a sensitive use (residential use, child care centre, kindergarten, pre-school centre, primary
school, even if ancillary to another use), children's playground or secondary school commences
or before the construction or carrying out of buildings and works in association with
these uses commences:
A preliminary risk screen assessment statement in accordance with the Environment Protection
Act 2017 must be issued stating that an environmental audit is not required for the use or the
proposed use; or
An environmental audit statement under Part 8.3 of the Environment Protection Act 2017 must
be issued stating that the land is suitable for the use or proposed use; or
A certi昀椀cate of environmental audit must be issued for the land in accordance with Part IXD
of the Environment Protection Act 1970; or
A statement of environmental audit must be issued for the land in accordance with Part IXD
of the Environment Protection Act 1970 stating that the environmental conditions of the land
are suitable for the use or proposed use.
Exemption from requirement

The requirement for a preliminary risk screen assessment statement, an environmental audit
statement, a certi昀椀cate of environmental audit or a statement of environmental audit in this provision
does not apply to the construction or carrying out of buildings and works if:
The buildings and works are associated with an existing sensitive use, secondary school or
children’s playground, included in Clause 62.02-1 or 62.02-2, and the soil is not disturbed;
The buildings and works are required by the Environment Protection Authority or an
environmental auditor appointed under the Environment Protection Act 2017 to make the site
suitable for use; or
The buildings and works are reasonably required by environmental auditor appointed under
the Environment Protection Act 2017 or the Environment Protection Act 1970 to undertake a
preliminary risk screen assessment or environmental audit.
Page 658 of 1195

45.06 DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY

31/07/2018
VC148 Shown on the planning scheme map as DCPO with a number.
Purpose
To identify areas which require the preparation of a development contributions plan for the purpose
of levying contributions for the provision of works, services and facilities before development can
commence.
45.06-1 Development contributions plan

19/01/2006
VC37 A permit must not be granted to subdivide land, construct a building or construct or carry out
works until a development contributions plan has been incorporated into this scheme.
This does not apply to the construction of a building, the construction or carrying out of works or
a subdivision speci昀椀cally excluded by a schedule to this overlay.
A permit granted must:
Be consistent with the provisions of the relevant development contributions plan.
Include any conditions required to give effect to any contributions or levies imposed, conditions
or requirements set out in the relevant schedule to this overlay.
45.06-2 Preparation of a development contributions plan

19/01/2006
VC37 The development contributions plan may consist of plans or other documents and may, with the
agreement of the planning authority, be prepared and implemented in stages.
The development contributions plan must:
Specify the area to which the plan applies.
Set out the works, services and facilities to be funded through the plan, including the staging
of the provision of those works, services and facilities.
Relate the need for the works, services or facilities to the proposed development of land in the
area.
Specify the estimated costs of each of the works, services and facilities.
Specify the proportion of the total estimated costs of the works, services and facilities which
is to be funded by a development infrastructure levy or community infrastructure levy or both.
Specify the land in the area and the types of development in respect of which a levy is payable
and the method for determining the levy payable in respect of any development of land.
Provide for the procedures for the collection of a development infrastructure levy in respect to
any development for which a permit is not required.
The development contributions plan may:
Exempt certain land or certain types of development from payment of a development
infrastructure levy or community infrastructure levy or both.
Provide for different rates or amounts of levy to be payable in respect of different types of
development of land or different parts of the area.
Page 659 of 1195

21/12/2023
C241whse
SCHEDULE 1 TO CLAUSE 45.06 DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY
Shown on the planning scheme map as DCPO1.
WHITEHORSE DEVELOPMENT CONTRIBUTIONS PLAN
1.0 Area covered by this development contributions plan

15/01/2024
VC249 The Whitehorse Development Contributions Plan, December 2023 applies to all new development
within the 17 charge areas as shown on the map below.
2.0 Summary of costs

15/01/2024
VC249
Facility Total cost $ Time of Actual cost Proportion of
provision contribution cost
attributable attributable to
to development $ development
%
Community facility projects under $170,164,000 2022-2042 $21,734,867 13%

the Community Infrastructure
Levy (CFCI)
Community facility projects under $29,717,000 2022-2042 $6,319,069 21%

the Development Infrastructure
Levy (CFDI)
Path (streetscape) projects under $8,988,000 2022-2042 $2,520,254 28%

the Development Infrastructure
Levy (PADI)
Road projects under the $2,686,000 2022-2042 $690,395 26%

Development Infrastructure Levy
(RDDI)
Total $211,555,000 - $31,264,585 15%
Page 660 of 1195

NOTES:
The tables above and below set out a summary of the costs and levies prescribed in the Whitehorse
Development Contributions Plan, December 2023. Refer to the incorporated document for full details.
Whitehorse City Council is the Collecting Agency and the Development Agency for the Whitehorse
Development Contributions Plan, December 2023.
The main development types identified in the Whitehorse Development Contributions Plan, December
2023 are Residential, Retail, Commercial and Industrial. Commercial refers to office or other commercial
uses. For development that does not fall within one of the four development types, the development
contribution that applies to Commercial development will apply in default unless the Collecting Agency
agrees in writing to a different development type.
3.0 Summary of contributions

15/01/2024
VC249
Charge area number and name Levies payable by residential development ($)
Development Community All

infrastructure infrastructure
infrastructure
per dwelling per dwelling
per dwelling
Area 01 Mont Albert North $745 $1,253 $1,998
Area 02 Box Hill North $717 $1,253 $1,970
Area 03 Blackburn North $100 $1,167 $1,267
Area 04 Nunawading $69 $743 $811
Area 05 Mitcham $163 $1,042 $1,206
Area 06 Mont Albert $669 $1,253 $1,922
Area 07 Box Hill Activity Centre $847 $1,253 $2,100
Area 08 Surrey Hills $802 $1,253 $2,055
Area 09 Box Hill Balance $644 $1,253 $1,897
Area 10 Blackburn $175 $1,253 $1,428
Area 11 Box Hill South $728 $1,253 $1,981
Area 12 Burwood $165 $737 $902
Area 13 Blackburn South $192 $1,253 $1,445
Area 14 Burwood East $233 $1,253 $1,486
Area 15 Forest Hill $241 $1,253 $1,494
Area 16 Vermont $224 $1,253 $1,477
Area 17 Vermont South $279 $1,253 $1,532
Charge area number and name Levies payable by non-residential development ($)
Retail Commercial Industrial

Per square metre Per square metre Per square metre
(sqm) (sqm) (sqm)
of floorspace of floorspace of floorspace
Area 01 Mont Albert North $0.90 $1.35 $0.14
Area 02 Box Hill North $1.44 $1.44 $0.29
Page 661 of 1195

Charge area number and name Levies payable by non-residential development ($)
Retail Commercial Industrial

Per square metre Per square metre Per square metre
(sqm) (sqm) (sqm)
of floorspace of floorspace of floorspace
Area 03 Blackburn North $0.09 $0.13 $0.01
Area 04 Nunawading $0.09 $0.13 $0.01
Area 05 Mitcham $0.54 $0.21 $0.14
Area 06 Mont Albert $5.72 $2.11 $1.50
Area 07 Box Hill Activity Centre $7.03 $5.73 $1.53
Area 08 Surrey Hills $7.53 $2.39 $2.02
Area 09 Box Hill Balance $2.35 $1.58 $0.55
Area 10 Blackburn $0.62 $0.92 $0.09
Area 11 Box Hill South $2.10 $1.54 $0.48
Area 12 Burwood $0.09 $0.13 $0.01
Area 13 Blackburn South $0.09 $0.13 $0.01
Area 14 Burwood East $0.09 $0.13 $0.01
Area 15 Forest Hill $0.50 $0.75 $0.07
Area 16 Vermont $0.50 $0.75 $0.07
Area 17 Vermont South $0.50 $0.75 $0.07
Page 662 of 1195

Notes:
Square metres of 昀氀oorspace (sqm) refers to gross 昀氀oor area.
The levies are current as at 1 July 2022.
Where the Whitehorse Development Contributions Plan, December 2023 provides for a
Community Infrastructure Levy of $1,253, the Collecting Agency will charge the Maximum
Dwelling Amount determined in accordance with section 46L(3) of the Planning and
Environment Act 1987. Where the Whitehorse Development Contributions Plan, December
2023 provides for a Community Infrastructure Levy of less than $1,253, that amount will be
adjusted annually on the 1st of July each year (or 昀椀rst practical date thereafter) in accordance
with section 46LA of the Planning and Environment Act 1987.
The Development Infrastructure Levy will be adjusted annually on the 1st of July each year
(or 昀椀rst practical date thereafter) by using the Consumer Price Index for Melbourne (All
Groups) as published by the Australian Bureau of Statistics.
The Whitehorse Development Contributions Plan, December 2023 provides that where, for
non-residential development in any charge area, the levy per square metre is 5 cents or less
after indexation, the levy payable for non-residential development in that charge area is
deemed to be zero.
All adjustments will occur and take effect from 1 July in the 昀椀nancial year in which the
adjustment is made.
A list showing the current contribution amounts may be viewed at Whitehorse City Council’s
City Planning and Development Department.
Payment of development contributions are to be made in cash except as otherwise provided
for in the Whitehorse Development Contributions Plan, December 2023.
The Collecting Agency may accept, at its discretion, the provision of land, works, services
or facilities as set out in the Whitehorse Development Contributions Plan, December 2023
in part or full satisfaction of the amount of levy payable.
Each net additional demand unit must pay the levy (unless an exemption applies).
Payment of the Development Infrastructure Levy must be made as follows:
Where the planning permit provides for the subdivision of the land the Development
Infrastructure Levy must be paid not more than 21 days prior to the issue of a statement
of compliance for the approved subdivision or any stage of that subdivision, or
Where the planning permit does not provide for the subdivision of the land the Development
Infrastructure Levy must be paid not more than 21 days prior to the issue of a building
permit under the Building Act 1993, or
Where no planning permit is required, the Development Infrastructure Levy must be paid
prior to issue of a building permit under the Building Act 1993.
Payment of the Community Infrastructure Levy is to be made prior to a building permit being
issued under the Building Act 1993.
The Collecting Agency may, at its discretion, agree for payment of either levy to be deferred
to a later date or milestone, subject to the owner of the land to which the levy relates entering
into an agreement under section 173 of the Planning and Environment Act 1987 to pay the
levy at the alternative date or milestone.
4.0 Land or development excluded from development contributions plan

15/01/2024
VC249 The following development is exempt from the requirement to pay any development contribution
under the Whitehorse Development Contributions Plan, December 2023:
Land developed for a non-government school, as de昀椀ned in the Ministerial Direction on the
Preparation and Content of Development Contributions Plans dated 11 October 2016.
Page 663 of 1195

Land developed for housing by or for the Department of Health and Human Services, as de昀椀ned
in the Ministerial Direction on the Preparation and Content of Development Contributions
Plans dated 11 October 2016.
Social housing delivered by or for registered agencies as de昀椀ned under the Housing Act 1983.
Alterations and additions to an existing dwelling.
Outbuildings normal to an existing dwelling.
Fences.
Demolition of a dwelling followed by construction of a replacement dwelling on the same land.
This exemption applies to the number of dwellings demolished and does not apply to any
additional dwelling(s).
Reinstatement of a dwelling which has been unintentionally damaged or destroyed.
Construction of dwellings that replace previously demolished dwellings on a lot that is vacant
at the gazettal date of Amendment C241whse and remains vacant for no longer than two years
from the gazettal date of Amendment C241whse. This exemption applies to the number of
dwellings on the lot that replace an equal number of dwellings demolished before the gazettal
date of Amendment C241whse and does not apply to the construction of any additional dwellings
on the lot.
The development of land for a small second dwelling.
Buildings and facilities developed by the Whitehorse City Council for Council or community
use.
Servicing infrastructure constructed by a utility authority.
The construction of a building or carrying out of works or a subdivision that does not generate
a net increase in demand units.
Land which is subject to an agreement under section 173 of the Planning and Environment Act
1987 that makes provision for the payment of infrastructure contributions either in cash or the
provision of works services or facilities and which expressly excludes the levying of any further
development contributions under an approved development contributions plan.
Page 664 of 1195

45.09 PARKING OVERLAY

31/07/2018
VC148 Shown on the planning scheme map as PO with a number.
Purpose
To facilitate an appropriate provision of car parking spaces in an area.
To identify areas and uses where local car parking rates apply.
To identify areas where 昀椀nancial contributions are to be made for the provision of shared car
parking.
45.09-1 Operation
19/04/2013
VC95 This overlay operates in conjunction with Clause 52.06.
A schedule to this overlay may:
Vary the requirements of Clause 52.06 as allowed by this overlay.
Specify additional requirements to the requirements of Clause 52.06 as allowed by this overlay.
Specify requirements for the provision of a 昀椀nancial contribution as a way of meeting the car
parking requirements of Clause 52.06 or this overlay.
45.09-2 Parking objectives

19/04/2013
VC95 A schedule to this overlay must specify the parking objectives to be achieved for the area affected
by the schedule.

25/05/2017
VC133 A schedule to this overlay may specify that:
The exemption from the requirement for a permit in Clause 52.06-3 does not apply. If the
exemption does not apply, a permit is required for any of the matters set out in Clause 52.06-3.
A permit must not be granted to reduce (including reduce to zero) the number of car parking
spaces required under Clause 52.06-5 or this overlay.
A permit must not be granted to provide some or all of the car parking spaces required under
Clause 52.06-5 or this overlay on another site.
A permit must not be granted to provide more than the maximum parking provision speci昀椀ed
in a schedule to this overlay.
A permit is not required under Clause 52.06-3.
45.09-4 Number of car parking spaces required

19/04/2013
VC95 A schedule to this overlay may:
Vary the car parking rate and measure for any use listed in Table 1 of Clause 52.06-5.
Specify the car parking requirements for any use of land not listed in Table 1 of Clause 52.06-5.
Specify maximum and minimum car parking requirements for any use of land.
For any use listed in Table 1 of Clause 52.06-5, apply Column B in the Table to that use.
45.09-5 Application requirements and decision guidelines for permit applications

25/05/2017
VC133 Before deciding on an application under Clause 52.06-3, in addition to the relevant decision
guidelines in Clause 52.06-7, the responsible authority must consider, as appropriate:
Page 665 of 1195

The parking objectives of the relevant schedule to this overlay.

Any application requirements and decision guidelines speci昀椀ed in a schedule to this overlay.
45.09-6 Financial contribution requirement

19/04/2013
VC95 A schedule to this overlay may allow a responsible authority to collect a 昀椀nancial contribution in
accordance with the schedule as a way of meeting the car parking requirements that apply under
this overlay or Clause 52.06.
A schedule must specify:
The area to which the provisions allowing the collection of 昀椀nancial contributions applies.
The amount of the contribution that may be collected in lieu of each car parking space that is
not provided, including any indexation of that amount.
When any contribution must be paid.
The purposes for which the responsible authority must use the funds collected under the schedule.
Such purposes must be consistent with the objectives in section 4 of the Act.
45.09-7 Requirements for a car parking plan

25/05/2017
VC133 A schedule to this overlay may specify additional matters that must be shown on plans prepared
under Clause 52.06-8.
45.09-8 Design standards for car parking

25/05/2017
VC133 A schedule to this overlay may specify:
Additional design standards.
Other requirements for the design and management of car parking.
Plans prepared in accordance with Clause 52.06-8 must meet any design standards and requirements
speci昀椀ed in a schedule to this overlay.
45.09-9 Decision guidelines for car parking plans

25/05/2017
VC133 Before deciding whether a plan prepared under Clause 52.06-8 is satisfactory, in addition to the
decision guidelines in Clause 52.06-10, the responsible authority must consider, as appropriate,
any other matter speci昀椀ed in a schedule to this overlay.
Page 666 of 1195

21/07/2022
C222whse
SCHEDULE 1 TO CLAUSE 45.09 PARKING OVERLAY
Shown on the planning scheme map as PO1.
BOX HILL ACTIVITY CENTRE
1.0 Parking objectives to be achieved

21/07/2022
C222whse Manage car parking demand and supply to satisfy user needs (with a focus on maintaining/increasing
the viability of Box Hill).
Locate and manage car parking so as to minimise traf昀椀c generated by the search for a parking
space.
Reduce vehicle trips through minimising parking provision where appropriate.
Encourage the use of active and sustainable travel modes rather than increased private vehicle
travel.
Improve general amenity for pedestrians within Box Hill to increase the willingness for visitors
and staff to walk to and within the Centre to their destination.

21/07/2022
C222whse A permit is required to reduce (including reduce to zero) the minimum number of car parking
spaces required for a use as speci昀椀ed in this schedule.
3.0 Number of car parking spaces required

21/07/2022
C222whse If a use is speci昀椀ed in the Table below, the number of car parking spaces required for the use is
calculated by multiplying the Rate speci昀椀ed for the use by the accompanying Measure.
Table : Car parking spaces
Use Rate Measure
Dwelling 0.5 Resident spaces to each one

bedroom dwelling, plus
0.75 Resident spaces to each two

bedroom dwelling, plus
1.0 Resident spaces to each three or

more bedroom dwelling (with
studies or studios that are
separate rooms counted as a
bedroom), plus
0.2 Visitor spaces to each dwelling for

the first five dwellings, plus
0.1 Visitor spaces to each dwelling for

any subsequent dwellings
Office 2.0 To each 100 square metres of net

floor area
For all other uses listed in Table 1 of Clause 52.06-5, the Rate in Column B of Table 1 in Clause
52.06-5 applies.
Page 667 of 1195

4.0 Application requirements and decision guidelines for permit applications

21/07/2022
C222whse Before deciding on an application to reduce (including reduce to zero) the minimum number of
car parking spaces required for a speci昀椀ed use, the Responsible Authority must consider as
appropriate:
Any effect on vehicle and pedestrian traf昀椀c in the area.
Any empirical analysis which supports a variation in the number of car parking spaces that
should be provided.
The particular characteristics of the proposed use with regard to the likely car parking demand
generated.
For commercial and residential visitor uses, the availability of car parking in the locality and
its suitability to accommodate parking generated by the development.
For reductions in the rate of provision of residential uses:
– the likelihood of residents not owning cars and of using active and public transport options
– the protection of parking in the surrounding area such that new residents are not able to use
those spaces.
The likely contribution of public transport and opportunities to walk and cycle in mitigating
car parking demands, and whether appropriate provision can be made for use of sustainable
transport to encourage a mode shift from private vehicle travel.
Whether the development includes bicycle and motorcycle parking.
Whether site size, access, design or other constraints warrant reducing the parking requirement.
Notes: Occupiers of any dwellings approved by permit subject to the provision of this schedule may not be eligible
for Resident Priority Parking Permits.
5.0 Financial contribution requirement

21/07/2022
6.0 Requirements for a car parking plan

21/07/2022
7.0 Design standards for car parking

21/07/2022
8.0 Decision guidelines for car parking plans

21/07/2022
9.0 Background document

21/07/2022
C222whse Box Hill Central Activities Area Car Parking Strategy 2013
Page 668 of 1195

45.12 SPECIFIC CONTROLS OVERLAY

04/05/2022
VC210 Shown on the planning scheme map as SCO with a number.
Purpose
To apply speci昀椀c controls designed to achieve a particular land use and development outcome in
extraordinary circumstances.
45.12-1 Use or development

31/07/2018
VC148 Land affected by this overlay may be used or developed in accordance with a speci昀椀c control
contained in the incorporated document corresponding to the notation on the planning scheme
map (as speci昀椀ed in the schedule to this overlay). The speci昀椀c control may:
Allow the land to be used or developed in a manner that would otherwise be prohibited or
restricted.
Prohibit or restrict the use or development of the land beyond the controls that may otherwise
apply.
Exclude any other control in this scheme.
45.12-2 Expiry of a specific control

31/07/2018
VC148 If a speci昀椀c control contained in an incorporated document identi昀椀ed in the schedule to this clause
allows a particular use or development, that control will expire if any of the following circumstances
applies:
The use and development is not started within two years of the approval date of the incorporated
document or another date speci昀椀ed in the incorporated document.
The development is not completed within one year of the date of commencement of works or
another date speci昀椀ed in the incorporated document.
The responsible authority may extend the periods referred to if a request is made in writing before
the expiry date or within three months afterwards.
Upon expiry of the speci昀椀c control, the land may be used and developed only in accordance with
the provisions of this scheme.
Page 669 of 1195

03/01/2020
GC98
SCHEDULE TO CLAUSE 45.12 SPECIFIC CONTROLS OVERLAY
1.0 Specific controls

10/11/2023
GC223
PS Map Ref Name of incorporated document
SCO1 Incorporated Document No. 2, August 1999
SCO6 517 and 519-521 Station Street, Box Hill, December 2016
SCO12 North East Link Project Incorporated Document, December 2019 (amended
September 2023)
SCO14 Suburban Rail Loop East Incorporated Document, August 2022
SCO15 Suburban Rail Loop East Infrastructure Protection Incorporated Document,

August 2022
Page 670 of 1195

50 PARTICULAR PROVISIONS
19/01/2006
VC37 This section sets out Particular Provisions which apply to the matters speci昀椀ed.
Page 671 of 1195

51 PROVISIONS THAT APPLY ONLY TO A SPECIFIED AREA

31/07/2018
VC148
Page 672 of 1195

51.01 SPECIFIC SITES AND EXCLUSIONS

31/07/2018
VC148
Purpose
To recognise speci昀椀c controls designed to achieve a particular land use and development outcome
existing on the approval date.
To provide in extraordinary circumstances speci昀椀c controls designed to achieve a particular land
use and development outcome.
51.01-1 Use or development

31/07/2018
VC148 Land identi昀椀ed in the schedule to this clause may be used or developed in accordance with the
speci昀椀c controls contained in the incorporated document corresponding to that land. The speci昀椀c
controls may:
allow the land to be used or developed in a manner that would otherwise be prohibited or
restricted;
prohibit or restrict the use or development of the land beyond the controls that may otherwise
apply;
exclude any other control in this scheme.
51.01-2 Expiry of a specific control

31/07/2018
VC148 If a speci昀椀c control contained in an incorporated document identi昀椀ed in the schedule to this clause
allows a particular use or development, that control will expire if any of the following circumstances
applies:
The development and use is not started within two years of the approval date or another date
speci昀椀ed in the incorporated document.
The development is not completed within one year of the date of commencement of works or
another date speci昀椀ed in the incorporated document.
the expiry date or within three months afterwards.
Upon expiry of the speci昀椀c control, the land may be used and developed only in accordance with
the provisions of this scheme.
Page 673 of 1195

06/09/2018
C194
SCHEDULE TO CLAUSE 51.01 SPECIFIC SITES AND EXCLUSIONS
1.0 Specific sites and exclusions

25/02/2020
C218whse
Address of land Title of incorporated document
No 286 Whitehorse Road, Nunawading Incorporated Document No. 6, August 1999
Whitehorse Road/Maroondah Highway tram line Whitehorse Road/Maroondah Highway Tram Line
extension from York Street, Mont Albert to Station Extension to Station Street, Box Hill, December
Street, Box Hill 2001
Burwood Highway tram line extension from Blackburn Vermont South Tram Extension, Blackburn Road
Road, Burwood East to Hartland Road, Vermont South to Vermont South, City of Whitehorse, October
2003
Deakin University and Gardiners Creek Reserve (Rear Deakin University Burwood Link Project, November
of 3 Cropley Court & 213-243 Burwood Highway, 2015
Burwood)
Land required for the Blackburn Road, Blackburn and Level Crossing Removal Project - Blackburn Road,
Heatherdale Road, Mitcham level crossing removals Blackburn and Heatherdale Road, Mitcham
as identified in the incorporated document Incorporated Document, December 2015
Page 674 of 1195

52 PROVISIONS THAT REQUIRE, ENABLE OR EXEMPT A PERMIT

31/07/2018
VC148
Page 675 of 1195

52.01 COMBUSTIBLE CLADDING RECTIFICATION EXEMPTIONS

05/11/2020
VC191
Purpose
To facilitate the recti昀椀cation of combustible cladding on buildings.
52.01-1 Permit exemption

05/11/2020
VC191 Any requirement of this planning scheme to obtain a permit does not apply to the recti昀椀cation of
combustible cladding on a building:
In accordance with an emergency order, building notice or building order made under Part 8
of the Building Act 1993.
Owned by the Crown, a Minister, municipal council or public authority, including a public
authority established for a public purpose under a Commonwealth Act.

05/11/2020
VC191 An application to amend a permit to allow the recti昀椀cation of combustible cladding on a building:
In accordance with an emergency order, building notice or building order made under Part 8
of the Building Act 1993; or
Owned by the Crown, a Minister, municipal council or public authority, including a public
authority established for a public purpose under a Commonwealth Act,
Page 676 of 1195

52.02 EASEMENTS, RESTRICTIONS AND RESERVES

20/09/2010
VC71
Purpose
To enable the removal and variation of an easement or restrictions to enable a use or development
that complies with the planning scheme after the interests of affected people are considered.
Permit requirement
A permit is required before a person proceeds:
Under Section 23 of the Subdivision Act 1988 to create, vary or remove an easement or restriction
or vary or remove a condition in the nature of an easement in a Crown grant.
Under Section 24A of the Subdivision Act 1988.
Under Section 36 of the Subdivision Act 1988 to acquire or remove an easement or remove a
right of way.
If the action is required or authorised by the schedule to this clause.
In the circumstances set out in Section 6A(3) of the Planning and Environment Act 1987.
If the person proceeds under Section 362A of the Land Act 1958.
In the case of a person proceeding under Section 36 of the Subdivision Act 1988, if the council
or a referral authority gives a written statement in accordance with Section 36(1)(a) or (b) of
the Subdivision Act 1988.
In this clause, restriction has the same meaning as in the Subdivision Act 1988.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in clause 65, the responsible
authority must consider the interests of affected people.
Note: Section 23 of the Subdivision Act 1988 provides that either the council or the person bene昀椀ting from the
direction must lodge a certi昀椀ed plan at the Titles Of昀椀ce for registration.
Page 677 of 1195

21/07/2022
C222whse
SCHEDULE TO CLAUSE 52.02 EASEMENTS, RESTRICTIONS AND RESERVES
1.0 Under Section 23 of the Subdivision Act 1988

19/01/2006
VC37
Land Easement or restriction Requirement
No 18 O’Hara Street, Blackburn, more Restriction on the development of land Remove

particularly described in Certificate of Title to a single dwelling
Volume 8074 Folio 731
No 67 Whitehorse Road, Blackburn, more Restriction on the development of land Remove

particularly described in Certificate of Title to a single dwelling
Volume 8062 Folio 285
6-8 Graham Place, Box Hill Restriction on the development of land Remove
to a single dwelling
2.0 Under Section 24A of the Subdivision Act 1988

19/01/2006
VC37
Land Person Action
None specified
3.0 Under Section 36 of the Subdivision Act 1988

19/01/2006
VC37
Land Easement or right of way Requirement
None specified
Page 678 of 1195

52.03 LEVEL CROSSING REMOVAL PROJECT

31/01/2020
VC170
Purpose
To facilitate the Level Crossing Removal Project.
52.03-1 Application
31/01/2020
VC170 This clause applies to the use and development of land (other than the subdivision of land) for
projects undertaken by the Level Crossing Removal Project and declared under section 10(1)(b)
of the Major Transport Projects Facilitation Act 2009.
This clause does not apply to a project for which a document has been incorporated into this
planning scheme expressly for that project.
52.03-2 Exemption from planning scheme requirements

31/01/2020
VC170 Any requirement of this planning scheme to obtain a permit or any provision of this planning
scheme that prohibits the use or development of land, requires the use or development of land to
be carried out in a particular manner, or requires a speci昀椀ed thing to be done to the satisfaction of
a speci昀椀ed person or body, does not apply to any use or development this Clause 52.03 applies to
if the requirements of Clause 52.03 are met.
The provisions of this clause prevail over any inconsistent provision in this planning scheme.
52.03-3 Use and development requirements

20/01/2022
VC205 The use and development of land must be undertaken in accordance with the plans and documents
approved under this clause, to the satisfaction of the Minister for Planning.
The construction of a building or the construction or carrying out of works in a Floodway Overlay,
Land Subject to Inundation Overlay, Special Building Overlay or Urban Floodway Zone must be
undertaken to the satisfaction of the relevant 昀氀oodplain management authority.
The creation or alteration of access to a road in a Transport Zone 2 or land in a Public Acquisition
Overlay if the Head, Transport for Victoria is the acquiring authority and the purpose of acquisition
is for a road, must be undertaken to the satisfaction of the Head, Transport for Victoria.
The use and development of land in a Public Acquisition Overlay must be undertaken to the
satisfaction of the relevant acquiring authority.
52.03-4 Consultation requirement

31/01/2020
VC170 Prior to the commencement of the use or development:
Public consultation, and consultation with the relevant municipal council, must be undertaken
to the satisfaction of the Minister for Planning.
A report that summarises the feedback provided during consultation and explains how the
feedback has been considered and responded to must be prepared to the satisfaction of the
Minister for Planning.
52.03-5 Project boundary requirement

31/01/2020
VC170 Prior to the commencement of the use or development, a plan that shows the boundary of the land
on which the use or development will be undertaken must be prepared to the satisfaction of the
Page 679 of 1195

52.03-6 Other pre-commencement requirements

04/05/2022
VC210 The following requirements may be satis昀椀ed for separate components or stages of a project but
each requirement must be satis昀椀ed prior to the commencement of the use or development for that
component or stage.
The following requirements may be varied or waived by the Minister for Planning.
Prior to the commencement of the use or development (other than a preparatory use or development),
the following plans and documents must be prepared to the satisfaction of the Minister for Planning:
An environmental management framework, prepared in consultation with each relevant municipal
council, that includes:
– A summary of key construction methodologies.
– An overarching framework of measures to reduce and manage environmental and amenity
effects during construction.
– A summary of performance monitoring and reporting processes, including auditing, to ensure
environmental and amenity effects are reduced and managed during construction.
– A summary of how each relevant municipal council, the community and other stakeholders
will be engaged during construction, including enquiries and complaints management.
The environmental management framework must be accompanied by a summary of the
consultation with each relevant municipal council that informed the preparation of the
environmental management framework.
If the land is in the Heritage Overlay and the development would require a permit under the
overlay were it not for the exemption in Clause 52.03-2:
– A report that addresses the impact of that development on the heritage signi昀椀cance of the
heritage place.
– Site plans and elevations showing the extent of that development on the land.
– Photographs of any buildings or works to be demolished or removed, including photographs
of the exterior and interior of the building and contextual images of the building’s environs
and setting.
If the land is in an Environmental Signi昀椀cance Overlay, a Signi昀椀cant Landscape Overlay or a

Vegetation Protection Overlay and the development would require a permit under the overlay
were it not for the exemption in Clause 52.03-2, a report that addresses the impact of the
development on any environmental, vegetation or landscape signi昀椀cance or objective speci昀椀ed
in a schedule to the overlay.
Any other information the Minister for Planning considers necessary to assist the Minister's
assessment of the plans and documents required to be submitted under this clause.
Prior to the commencement of the use of any new open space, an environmental assessment (or
similar) that demonstrates that the environmental conditions of the land are suitable for that use
must be undertaken to the satisfaction of the Minister for Planning.
52.03-7 Native vegetation requirements

20/03/2023
VC229 In this clause:
Guidelines means the Guidelines for removal, destruction or lopping of native
vegetation (Department of Environment, Land, Water and Planning, December 2017);
Secretary means the Secretary to the Department of Environment, Land, Water and Planning
(as constituted under Part 2 of the Conservation, Forests and Lands Act 1987).
Page 680 of 1195

The following requirements may be satis昀椀ed for separate components or stages of a project.
However, each requirement must be satis昀椀ed prior to the removal, destruction or lopping of native
vegetation for that component or stage.
Prior to the removal, destruction or lopping of native vegetation to enable a preparatory use or
development, information about that native vegetation must be submitted to the Secretary. The
information must include a description of, and maps showing, the native vegetation to be removed,
destroyed or lopped in accordance with application requirement 1 in Table 4 of the Guidelines.
Prior to the removal, destruction or lopping of native vegetation (other than to enable a preparatory
use or development):
Information about that native vegetation in accordance with application requirements 1, 5 and
9 in Table 4 of the Guidelines must be provided to the satisfaction of the Secretary. The
information provided to the Secretary must include information about any native vegetation
that has been or is to be removed, destroyed or lopped to enable a preparatory use or
development.
The biodiversity impacts from the removal, destruction or lopping of that native vegetation
must be offset in accordance with the Guidelines. The biodiversity impacts from the removal,
destruction or lopping of native vegetation to enable a preparatory use or development must
be included in the total biodiversity impacts when determining the offset.
Evidence that the required offset has been secured must be provided to the satisfaction of the
Secretary.
The Secretary may vary the timing of the above offset requirement if the Secretary considers there
are exceptional circumstances to warrant the variation.
The secured offset for the project may be reconciled at the completion of a project in accordance
with the Assessor’s handbook – Applications to remove, destroy or lop native vegetation
(Department of Environment, Land, Water and Planning, October 2018).
52.03-8 Preparatory use and development

31/01/2020
VC170 For the purposes of Clause 52.03, a preparatory use or development is a use or development
required to prepare for the construction of a project. It is limited to the following:
Use and development that would not require a permit under a provision of this planning scheme
were it not for the exemption in Clause 52.03-2.
Works associated with investigating, testing and surveying land.
Creation and use of construction access points, accessways and working platforms.
Site establishment works including construction of temporary site fencing and hoarding, site
of昀椀ces, and hardstand and laydown areas.
Construction and use of temporary car parking.
Construction or installation of environment and traf昀椀c controls.
Construction, protection, modi昀椀cation, removal or relocation of utility services, rail signalling,
and overhead and associated infrastructure.
Salvage and relocation of cultural heritage material and other management actions required to
be undertaken in compliance with:
– a cultural heritage management plan approved under the Aboriginal Heritage Act 2006 or
otherwise in compliance with that Act; or
– the conditions of any permit or consent granted under the Heritage Act 2017 or otherwise
in compliance with that Act.
Page 681 of 1195

Demolition or removal of a building (other than a building in a Heritage Overlay) or works to

the minimum extent necessary to enable another preparatory use or development.
Removal, destruction or lopping of vegetation (other than a tree in the Heritage Overlay speci昀椀ed
below) to the minimum extent necessary to enable another preparatory use or development.
For the purposes of Clause 52.03, preparatory development does not include:
Demolition or removal of a building in a Heritage Overlay.
Removal, destruction or lopping of a tree in a Heritage Overlay if the schedule to the overlay
speci昀椀es the heritage place as one where tree controls apply.
Page 682 of 1195

52.04 TRANSITIONAL PROVISIONS FOR A DEPENDENT PERSONS UNIT

14/12/2023
VC253
52.04-1 Purpose
28/03/2024
VC259 To provide transitional provisions for the use or development of land for a dependent person’s
unit.
52.04-2 Application
28/03/2024
VC259 This clause applies to the use and development of land for a dependent person’s unit.
For the purposes of clause 52.04 and any reference to a dependent person’s unit in this planning
scheme, a dependent person’s unit means:
A movable building on the same lot as an existing dwelling and used to provide accommodation
for a person dependent on a resident of the existing dwelling.

28/03/2024
VC259 Any requirement of this planning scheme to obtain a permit for the use of land or the construction
or carrying out of buildings and works, or any provision of this planning scheme that prohibits the
use of land or the construction or carrying out of buildings and works, requires the use of land or
the construction or carrying out of buildings and works to be carried out in a particular manner,
or requires a speci昀椀ed thing to be done to the satisfaction of a speci昀椀ed person or body, does not
apply to a dependent person’s unit, if the requirements of clause 52.04 are met.
The requirements of clause 52.04 are met if any of the following apply:
No permit is required under this clause, and any requirement or condition of this clause is met.
A permit is required under this clause, and a permit has been issued.
52.04-4 Operation of use of land requirements

28/03/2024
VC259 The following requirements apply to the use of land for a dependent person’s unit, as speci昀椀ed in
clause 52.04-5.
Table 1 zones
The use of land for a dependent person's unit in a zone listed in Table 1 does not require a permit.
Any condition opposite the zone listed in Table 1 must be met. If the condition is not met, the use
of land for a dependent person’s unit requires a permit under this clause unless the zone is
speci昀椀cally included in Table 3 as a zone that does not meet the Table 1 condition.
Table 2 zones
The use of land for a dependent person's unit in a zone listed in Table 3 requires a permit under
this clause. Any condition opposite the zone must be met. If the condition is not met, the use of
land for a dependent person’s unit is prohibited.
Table 3 zones
The use of land for a dependent person's unit in a zone listed in Table 3 is prohibited.
Page 683 of 1195

52.04-5 Use of land requirements

28/03/2024
VC259
Table 1 - Permit not required
Zone Condition
Low Density Residential Zone Must be the only dependent person’s unit on the lot.
Township Zone Must meet the requirements of clause 52.04-7.
Mixed Use Zone Must be the only dependent person’s unit on the lot.
Residential Growth Zone
General Residential Zone
Neighbourhood Residential Zone
Rural Living Zone Must be the only dependent person’s unit on the lot.
Rural Activity Zone Must meet the requirements of clause 52.04-8.
Must be located more than 500 metres from the

nearest title boundary of land on which a work
authority has been applied for or granted under the
Mineral Resources (Sustainable Development) Act
1990.
Farming Zone Must be the only dependent person’s unit on the lot.
Must meet the requirements of clause 52.04-8.
Must be located more than one kilometre from the

nearest title boundary of land subject to:
A permit for a wind energy facility; or
An application for a permit for a wind energy

facility; or
An incorporated document approving a wind

energy facility; or
A proposed wind energy facility for which an

action has been taken under section 8(1), 8(2),
8(3) or 8(4) of the Environment Effects Act 1978.
Must be located more than 500 metres from the
nearest title boundary of land on which a work
authority has been applied for or granted under
the Mineral Resources (Sustainable Development)
Act 1990.
Commercial 1 Zone Any frontage at ground floor level must not exceed
2 metres
Public Use Zone The use must be for the purpose described in the
table to clause 36.01-6 which corresponds to the
notation on the planning scheme map.
The use must be carried out by or on behalf of the

public land manager.
Public Park and Recreation Zone Must be either of the following:
Page 684 of 1195

Zone Condition
A use conducted by or on behalf of a public land

manager, Parks Victoria or the Great Ocean
Road Coast and Parks Authority, under the
relevant provisions of the Local Government Act
1989, the Reference Areas Act 1978, the National
Parks Act 1975, the Fisheries Act 1995,
the Wildlife Act 1975, the Forest Act 1958,
the Water Industry Act 1994, the Water Act 1989,
the Marine Safety Act 2010, the Port
Management Act 1995, or the Crown Land
(Reserves) Act 1978.
A use specified in an Incorporated plan in a

schedule to clause 36.02.
Public Conservation and Resource Zone Must be a use conducted by or on behalf of a public
land manager, Parks Victoria or the Great Ocean
Road Coast and Parks Authority, under the relevant
provisions of the Local Government Act 1989,
the Reference Areas Act 1978, the National Parks
Act 1975, the Fisheries Act 1995, the Wildlife Act
1975, the Forests Act 1958, the Water Industry Act
1994, the Water Act 1989, the Marine Safety Act
2010, the Port Management Act 1995 or the Crown
Land (Reserves) Act 1978.
Urban Growth Zone Must be the only dependent person’s unit on the lot.
Must meet the requirements of clause 52.04-8.
Table 2 - Permit required
Zone Condition
Low Density Residential Zone Must meet the requirements of clause 52.04-7.
Township Zone
Green Wedge Zone Must be the only dependent person’s unit on the lot.
Green Wedge A Zone Must meet the requirements of clause 52.04-8.
Rural Conservation Zone
Rural Living Zone Must meet the requirements of clause 52.04-8.
Farming Zone
Rural Activity Zone
Transport Zone The use must be for a transport purpose and carried
out by or on behalf of a relevant transport manager.
Urban Growth Zone Must meet the requirements of clause 52.04-8.
Page 685 of 1195

Table 3 - Prohibited
Zone
Industrial 1 Zone
Industrial 2 Zone
Industrial 3 Zone
Commercial 2 Zone
Commercial 3 Zone
Port Zone
Public Conservation and Resource Zone – If the table 1 condition is not met
Urban Floodway Zone
52.04-6 Use of land requirements in a specified special purpose zone

28/03/2024
VC259 If land is in a Special Use Zone, Comprehensive Development Zone, Capital City Zone, Docklands
Zone, Priority Development Zone or Activity Centre Zone, the permit requirement in that zone
for use of land applies as speci昀椀ed in the schedule to the zone.
If dependent person’s unit is not speci昀椀ed in a schedule to the zone, the use of land for a dependent
person’s unit is subject to the use of land requirements for ‘Accommodation’.
52.04-7 Use of land requirements in a Low Density Residential Zone and a Township Zone
28/03/2024
VC259 A lot used for a dependent person’s unit in a Low Density Residential Zone and a Township Zone
must meet the following requirements:
Each dependent person’s unit must be connected to reticulated sewerage, if available. If
reticulated sewerage is not available, all wastewater from each dependent person’s unit must
be treated and retained within the lot in accordance with the requirements in the Environment
Protection Regulations under the Environment Protection Act 2017 for an on-site wastewater
management system.
Each dependent person’s unit must be connected to a reticulated potable water supply or have
an alternative potable water supply, with appropriate storage capacity.
Each dependent person’s unit must be connected to a reticulated electricity supply or have an
alternative energy supply.
52.04-8 Use of land requirements in a rural zone and an Urban Growth Zone
28/03/2024
VC259 A lot used for a dependent person’s unit in a Rural Living Zone, Green Wedge Zone, Green Wedge
A Zone, Rural Conservation Zone, Farming Zone, Rural Activity Zone and Urban Growth Zone
must meet the following requirements:
Access to the dependent person’s unit must be provided via an all-weather road with dimensions
adequate to accommodate emergency vehicles.
Each dependent person’s unit must be connected to reticulated sewerage, if available. If
reticulated sewerage is not available, all wastewater from each dwelling must be treated and
retained within the lot in in accordance with the requirements of the Environment Protection
system.
Page 686 of 1195

The dependent person’s unit must be connected to a reticulated potable water supply or have
an alternative potable water supply with adequate storage for domestic use as well as for 昀椀re
昀椀ghting purposes.
The dependent person’s unit must be connected to a reticulated electricity supply or have an
alternative energy source.
52.04-9 Use of land requirements in an Airport Environs Overlay and Melbourne Airport
28/03/2024
VC259
Environs Overlay
A permit is required under this clause to use land in an Airport Environs Overlay or a Melbourne
Airport Environs Overlay for a dependent person’s unit.
Land in an Airport Environs Overlay or a Melbourne Airport Environs Overlay must not be used
for:
More than one dependent person’s unit.
A dependent person’s unit if there is an existing small second dwelling on the lot.
A dependent person’s unit if the size of the lot is less than 600 square metres.
52.04-10 Buildings and works requirements in a specified overlay

28/03/2024
VC259 A permit is required under the following overlays to construct a building or construct or carry out
works for a dependent person’s unit:
Erosion Management Overlay if a schedule to the overlay speci昀椀es a permit is required for
buildings and works speci昀椀ed in clause 62.02-2.
Floodway Overlay if a schedule to the overlay speci昀椀es a permit is required for a dependent
person’s unit.
Land Subject to Inundation Overlay if a schedule to the overlay speci昀椀es a permit is required
for a dependent person’s unit.
Special Building Overlay if a schedule to the overlay speci昀椀es a permit is required for a
dependent person’s unit.
Bush昀椀re Management Overlay. This does not apply to an alteration or extension to an existing
building used for a dependent person’s unit that is less than 50 percent of the gross 昀氀oor area
of the existing building.
An application under a Bush昀椀re Management Overlay must meet the requirements of clause
53.02-4, unless the application meets all of the requirements speci昀椀ed in a schedule to clause
44.06.
Any other requirement for a dependent person’s unit speci昀椀ed in a schedule to an overlay applies.

28/03/2024
VC259 Before deciding on an application for a permit under clauses 52.04-5, 52.04-6, 52.04-9 or 52.04-10
the responsible authority must consider the decision guidelines of clause 65, including the decision
guidelines of the zone or overlay, as appropriate.
52.04-12 Expiry
28/03/2024
VC259 The requirements of this clause do not have effect after 28 March 2025.
The requirements of the planning scheme that applied to the use or development of land (other
than subdivision) for a dependent person’s unit before the approval date of Amendment VC253
continue to apply:
Page 687 of 1195

To a planning permit application for the use or development of land (other than subdivision)
for a dependent person’s unit lodged before the approval date of Amendment VC253.
Where a planning permit was not required for the use or development of land (other than
subdivision) for a dependent person’s unit before the approval date of Amendment VC253 if
one of the following applies:
– A building permit was issued for the development of land (other than subdivision) for a
dependent person’s unit before the approval date of Amendment VC253.
– A building surveyor has been appointed to issue a building permit for the development of
land (other than subdivision) for a dependent person’s unit before the approval date of
Amendment VC253. A building permit must be issued within 3 months of the approval date
of Amendment VC253.
on the design of the dependent person’s unit before the approval date of Amendment VC253.
A building permit must be issued within 3 months of the approval date of Amendment
VC253.
Page 688 of 1195

52.05 SIGNS
31/07/2018
VC148
Purpose
To regulate the development of land for signs and associated structures.
To ensure signs are compatible with the amenity and visual appearance of an area, including the
existing or desired future character.
To ensure signs do not contribute to excessive visual clutter or visual disorder.
To ensure that signs do not cause loss of amenity or adversely affect the natural or built environment
or the safety, appearance or ef昀椀ciency of a road.
52.05-1 Application
31/07/2018
VC148 This clause applies to the development of land for signs.
52.05-2 Requirements
31/07/2018
VC148
Sign categories
Clauses 52.05-11 to 52.05-14 specify categories of sign control. The zone provisions specify which
category of sign control applies to the zone.
Each category is divided into three sections.
If a sign can be interpreted in more than one way, the most restrictive requirement must be met.
Section 1
A sign in Section 1 of the category may be constructed or put up for display without a permit, but
all the conditions opposite the sign must be met. If the conditions are not met, the sign is in Section
2.
Some overlays require a permit for Section 1 signs.
Section 2
A permit is required to construct or put up for display a sign in Section 2.
This does not apply to a sign speci昀椀ed in Clause 52.05-10.
All the conditions opposite the sign must be met. If the conditions are not met, the sign is prohibited.
Section 3
A sign in Section 3 is prohibited and must not be constructed or put up for display.
2.

Construct or put up for display a sign in an industrial zone, commercial zone, Clause 59.09
Special Use Zone, Comprehensive Development Zone, Docklands Zone,
Priority Development Zone or Activity Centre Zone if:
The sign is not within 30 metres of land (not a road) which is in a residential
zone.
Page 689 of 1195


The sign is not a pole sign, a sky sign, a reflective sign, internally
illuminated sign, floodlit sign, electronic sign or animated sign.
The display area of the sign does not exceed 10 square metres.

31/07/2018
VC148 An application to construct or put up for display an animated or electronic sign within 60 metres
of a freeway or arterial road declared under the Road Management Act 2004 must be referred in
accordance with section 55 of the Act to the referral authority speci昀椀ed in Clause 66.03 or a
schedule to that clause.
52.05-4 Expiry of permits

31/07/2018
VC148 A permit for a sign other than a major promotion sign expires on the date speci昀椀ed in the permit.
If no date is speci昀椀ed, the expiry date is 15 years from the date of issue of the permit.
52.05-5 Existing signs

31/07/2018
VC148 A sign that was lawfully displayed on the approval date or that was being constructed or put up
for display on that date may be displayed or continue to be displayed and may be repaired and
maintained.
The content of a lawfully displayed sign may be renewed or replaced. However, a permit is required
if:
The display area is to be increased.
The renewal or replacement would result in a different type of sign.
A sign that is reconstructed must meet the relevant sign requirements.
A major promotion sign displayed in accordance with a permit granted between 19 September
1995 and 18 September 1997 may continue to be displayed:
until 31 December 2008; or
where a permit application seeking permission to display the sign is lodged before 31 December
2008, until the permit application is 昀椀nally determined.

20/01/2022
Site context
A site context report, using a site plan, photographs or other methods to accurately describe:
– The location of the proposed sign on the site or building and distance from property
boundaries.
– The location and size of existing signage on the site including details of any signs to be
retained or removed.
– The location and form of existing signage on abutting properties and in the locality.
– The location of closest traf昀椀c control signs.
– Identi昀椀cation of any view lines or vistas that could be affected by the proposed sign.
Page 690 of 1195

Sign details
The location, dimensions, height above ground level and extent of projection of the proposed
sign.
The height, width, depth of the total sign structure including method of support and any
associated structures such as safety devices and service platforms.
Details of associated on-site works.
Details of any form of illumination, including details of baf昀氀es and the times at which the sign
would be illuminated.
The colour, lettering style and materials of the proposed sign.
The size of the display (total display area, including all sides of a multi-sided sign).
The location of any logo box and proportion of display area occupied by such a logo box.
For animated or electronic signs, a report addressing the decision guidelines at Clause 52.05-8
relating to road safety.
Any landscaping details.
Signs with a display area of 18 square metres or more

For a sign with a display area of 18 square metres or more:
– A description of the existing character of the area including built form and landscapes.
– The location of any other signs over 18 square metres, or scrolling, electronic or animated
signs within 200 metres of the site.
– Any existing identi昀椀able advertising theme in the area.
– Photo montages or a streetscape perspective of the proposed sign.
– Level of illumination including:
Lux levels for any sign on or within 60 metres of a Transport Zone 2, Transport Zone
3, a residential zone or public land zone.
The dwell and change time for any non-static images.
– The relationship to any signi昀椀cant or prominent views and vistas.

31/07/2018
VC148 An application for a sign is exempt from the notice requirements of section 52(1)(a), (b) and (d),
the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of
the Act provided the sign:
Is to be constructed or displayed on land speci昀椀ed in the schedule to this clause.
Meets any condition speci昀椀ed in the schedule to this clause.

31/07/2018
All signs
The character of the area including:
– The sensitivity of the area in terms of the natural environment, heritage values, waterways
and open space, rural landscape or residential character.
Page 691 of 1195

– The compatibility of the proposed sign with the existing or desired future character of the
area in which it is proposed to be located.
– The cumulative impact of signs on the character of an area or route, including the need to
avoid visual disorder or clutter of signs.
– The consistency with any identi昀椀able outdoor advertising theme in the area.
Impacts on views and vistas:

– The potential to obscure or compromise important views from the public realm.
– The potential to dominate the skyline.
– The potential to impact on the quality of signi昀椀cant public views.
– The potential to impede views to existing signs.
The relationship to the streetscape, setting or landscape:

– The proportion, scale and form of the proposed sign relative to the streetscape, setting or
landscape.
– The position of the sign, including the extent to which it protrudes above existing buildings
or landscape and natural elements.
– The ability to screen unsightly built or other elements.
– The ability to reduce the number of signs by rationalising or simplifying signs.
– The ability to include landscaping to reduce the visual impact of parts of the sign structure.
The relationship to the site and building:

– The scale and form of the sign relative to the scale, proportion and any other signi昀椀cant
characteristics of the host site and host building.
– The extent to which the sign displays innovation relative to the host site and host building.
– The extent to which the sign requires the removal of vegetation or includes new landscaping.
The impact of structures associated with the sign:

– The extent to which associated structures integrate with the sign.
– The potential of associated structures to impact any important or signi昀椀cant features of the
building, site, streetscape, setting or landscape, views and vistas or area.
The impact of any illumination:

– The impact of glare and illumination on the safety of pedestrians and vehicles.
– The impact of illumination on the amenity of nearby residents and the amenity of the area.
– The potential to control illumination temporally or in terms of intensity.
The impact of any logo box associated with the sign:

– The extent to which the logo box forms an integral part of the sign through its position,
lighting and any structures used to attach the logo box to the sign.
– The suitability of the size of the logo box in relation to its identi昀椀cation purpose and the
size of the sign.
The need for identi昀椀cation and the opportunities for adequate identi昀椀cation on the site or
locality.
The impact on road safety. A sign is a safety hazard if the sign:
Page 692 of 1195

– Obstructs a driver’s line of sight at an intersection, curve or point of egress from an adjacent
property.
– Obstructs a driver’s view of a traf昀椀c control device, or is likely to create a confusing or
dominating background that may reduce the clarity or effectiveness of a traf昀椀c control
device.
– Could dazzle or distract drivers due to its size, design or colouring, or it being illuminated,
re昀氀ective, animated or 昀氀ashing.
– Is at a location where particular concentration is required, such as a high pedestrian volume
intersection.
– Is likely to be mistaken for a traf昀椀c control device, because it contains red, green or yellow
lighting, or has red circles, octagons, crosses, triangles or arrows.
– Requires close study from a moving or stationary vehicle in a location where the vehicle
would be unprotected from passing traf昀椀c.
– Invites drivers to turn where there is fast moving traf昀椀c or the sign is so close to the turning
point that there is no time to signal and turn safely.
– Is within 100 metres of a rural railway crossing.
– Has insuf昀椀cient clearance from vehicles on the carriageway.
– Could mislead drivers or be mistaken as an instruction to drivers.
Major promotion signs

The effect of the proposed major promotion sign on:
– Signi昀椀cant streetscapes, buildings and skylines.
– The visual appearance of a signi昀椀cant view corridor, viewline, gateway location or landmark
site identi昀椀ed in a framework plan or local policy.
– Residential areas and heritage places.
– Open space and waterways.
When determining the effect of a proposed major promotion sign, the following locational
principles must be taken into account:
– Major promotion signs are encouraged in commercial and industrial locations in a manner
that complements or enhances the character of the area.
– Major promotion signs are discouraged along forest and tourist roads, scenic routes or
landscaped sections of freeways.
– Major promotion signs are discouraged within open space reserves or corridors and around
waterways.
– Major promotion signs are discouraged where they will form a dominant visual element
from residential areas, within a heritage place or where they will obstruct signi昀椀cant
viewlines.
– In areas with a strong built form character, major promotion signs are encouraged only
where they are not a dominant element in the streetscape and except for transparent feature
signs (such as neon signs), are discouraged from being erected on the roof of a building.
Page 693 of 1195

52.05-9 Mandatory conditions

31/07/2018
VC148
All signs
A permit for a sign that includes an expiry date must include a condition that provides that on
expiry of the permit the sign and structures built speci昀椀cally to support and illuminate it must be
removed.
Major promotion signs

A permit for a major promotion sign must include conditions that specify:
That the sign must not:
– Dazzle or distract drivers due to its colouring.
– Be able to be mistaken for a traf昀椀c signal because it has, for example, red circles, octagons,
crosses or triangles.
– Be able to be mistaken as an instruction to drivers.
An expiry date that is 15 years from the date the permit is issued unless otherwise speci昀椀ed in
this clause. This does not apply to a permit for major promotion sign for a special event or
temporary building shrouding.
A permit for a major promotion sign may specify an expiry date other than 15 years, but the date
must not be less than 10 years or more than 25 years from the date the permit is issued. Before
deciding to alter the speci昀椀ed expiry date of 15 years, the responsible authority must consider, as
appropriate:
The purpose of the sign.
The existing or desired character of the area.
The Municipal Planning Strategy and the Planning Policy Framework in terms of the extent to
which the proposed sign is consistent with any relevant policy direction and the extent to which
the area may be expected to change over time.
The extent to which the signage is physically and visually integrated into the architecture of
the building.
52.05-10 Signs not requiring a permit

26/09/2023
VC246 Despite any provision in a zone, overlay, or other particular provision of this scheme, a permit is
not required to construct or put up for display any of the following signs:
A sign identifying the functions or property of a government department, public authority or
municipal council, but not a promotion sign displayed at the direction of any of these bodies.
A sign controlling traf昀椀c on a public road, railway, tramway, water or in the air, provided it is
displayed at the direction of a government department, public authority or municipal council.
A sign at a hospital that gives direction to emergency facilities.
A sign in a road reserve that gives direction or guidance about a tourist attraction, service or
facility of interest to road users. The sign must be displayed to the satisfaction of the road
authority.
A sign required by statute or regulation, provided it is strictly in accordance with the requirement.
A sign at a railway station or bus terminal that provides information or direction for people
using the station or terminal.
A sign on a showground, on a motor racing track or on a major sports and recreation facility,
provided the sign’s display cannot be seen from nearby land.
Page 694 of 1195

A sign with a display area not exceeding 1 square metre to each premises that provides
information about a place of worship. It must not be an animated or internally illuminated sign.
A sign inside a building that cannot generally be seen outside.
A sign with a display area not exceeding 2 square metres concerning construction work on the
land. Only one sign may be displayed, it must not be an animated or internally illuminated sign
and it must be removed when the work is completed.
A sign with a display area not exceeding 5 square metres publicising a local educational, cultural,
political, religious, social or recreational event not held for commercial purposes. Only one
sign may be displayed on the land, it must not be an animated or internally illuminated sign
and it must not be displayed longer than 14 days after the event is held or 3 months, whichever
is sooner. A sign publicising a local political event may include information about a candidate
for an election.
A sign publicising a special event on the land or in the building on which it is displayed, provided
no more than 8 signs are displayed in a calendar year and the total number of days the signs
are displayed does not exceed 28 in that calendar year. The sign must be removed when the
event is 昀椀nished.
A sign with a display area not exceeding 2 square metres publicising the sale of goods or
livestock on the land or in the building on which it is displayed, provided the land or building
is not normally used for that purpose. Only one sign may be displayed, it must not be an animated
or internally illuminated sign and it must not be displayed longer than 3 months without a
permit.
A sign with an display area not exceeding 10 square metres publicising the sale or letting of
the property on which it is displayed. Only one sign may be displayed, it must not be an animated
sign and it must not be displayed longer than 7 days after the sale date. A permit may be granted
for:
– The display area to exceed 10 square metres if the sign concerns more than 20 lots.
– The sign to be displayed on land excised from the subdivision and transferred to the municipal
council.
– The sign to be displayed longer than 7 days after the sale date.
A sign publicising or providing information about Victoria’s container deposit scheme under
the Circular Economy (Waste and Recycling) Act 2021. The sign must be attached to an
automated collection point, or a building used for a Container deposit scheme centre. The
display area for the sign must not exceed 8 square metres. The sign must not be an animated,
昀氀oodlit or internally illuminated sign.
No permit is required to 昀氀y the Australian 昀氀ag or to display the 昀氀ag on a building, painted or
otherwise represented, provided it is correctly dimensioned and coloured in accordance with the
Flags Act 1953.
52.05-11 Category 1 - Commercial areas

03/02/2022
VC199 Minimum limitation
Purpose
To provide for identi昀椀cation and promotion signs and signs that add vitality and colour to
commercial areas.
Page 695 of 1195

Sign Condition
Bed and breakfast sign The total display area of all signs to each premises must not exceed
8 sqm. This does not include a sign with a display area not exceeding
Business identification sign
1.5 sqm that is below a verandah or, if no verandah, that is less than
Home based business sign 3.7 m above pavement level.
Promotion sign
Direction sign None specified
Internally illuminated sign The total display area to each premises must not exceed 1.5 sqm.
No part of the sign may be above a verandah or, if no verandah, more

than 3.7 m above pavement level.
The sign must be more than 30 m from a residential zone or

pedestrian or traffic lights.
Sign Condition
Any sign not in Section 1 None specified
Sign
Nil
52.05-12 Category 2 - Office and industrial

03/02/2022
VC199 Low limitation
Purpose
To provide for adequate identi昀椀cation signs and signs that are appropriate to of昀椀ce and industrial
areas.
Sign Condition
Bed and breakfast sign The total display area of all signs to each premises must not
exceed 8 sqm. This does not include a direction sign.
Home based business sign
Pole sign
Direction sign Only one to each premises.
Internally illuminated sign The display area must not exceed 1.5 sqm. The sign must be
more than 30 m from a residential zone or pedestrian or traffic
lights.
Page 696 of 1195

Sign Condition
Any sign not in Section 1 None specified
Sign
Nil
52.05-13 Category 3 - High amenity areas

03/02/2022
VC199 Medium limitation
Purpose
To ensure that signs in high-amenity areas are orderly, of good design and do not detract from the
appearance of the building on which a sign is displayed or the surrounding area.
Sign Condition
Bed and breakfast sign Only one to each premises.
Home based business sign The display area must not exceed 0.2 sqm.
Sign Condition
Above-verandah sign None specified
Electronic sign The display area must not exceed 3 sqm.
Floodlit sign None specified
High-wall sign Must be a business logo or street number.
Internally illuminated sign None specified
Pole sign
Promotion sign The display area must not exceed 3 sqm.
Reflective sign None specified
Sign
Any sign not in Sections 1 or 2
Page 697 of 1195

52.05-14 Category 4 - Sensitive areas

17/10/2023
VC241 Maximum limitation
Purpose
To provide for unobtrusive signs in areas requiring strong amenity control.
Sign Condition
Bed and breakfast sign Only one to each premises.
Home based business sign The display area must not exceed 0.2 sqm.
Sign Condition
Business identification sign The total display area to each premises must not exceed 3 sqm. This
does not apply to a Business identification sign on land used for a
Freeway service centre or Service station.
Floodlit sign Must not be a Promotion sign on land used for an Open sports ground.
Above-verandah sign Must be on land used for a Freeway service centre or Service station.
High-wall sign
Internally illuminated sign
Pole sign
Electronic sign Must be on land used for a Freeway service centre or Service station.
The display area must not exceed 3 sqm.
Promotion sign Must be on land used for a Freeway service centre, Service station or
Open sports ground.
Must promote goods, services, events or matters provided, undertaken

or sold on land used for a Freeway service centre or Service station.
Sign
Any sign not in Sections 1 or 2
Page 698 of 1195

21/07/2022
C222whse
SCHEDULE TO CLAUSE 52.05 SIGNS
1.0 Exemption from notice and review

21/07/2022
C222whse
Land Condition
None specified
Page 699 of 1195

52.06 CAR PARKING

31/07/2018
VC148
Purpose
To ensure that car parking is provided in accordance with the Municipal Planning Strategy and
the Planning Policy Framework.
To ensure the provision of an appropriate number of car parking spaces having regard to the
demand likely to be generated, the activities on the land and the nature of the locality.
To support sustainable transport alternatives to the motor car.
To promote the ef昀椀cient use of car parking spaces through the consolidation of car parking facilities.
To ensure that car parking does not adversely affect the amenity of the locality.
To ensure that the design and location of car parking is of a high standard, creates a safe environment
for users and enables easy and ef昀椀cient use.
52.06-1 Scope
14/12/2023
VC253 Clause 52.06 applies to:
a new use; or
an increase in the 昀氀oor area or site area of an existing use; or
an increase to an existing use by the measure speci昀椀ed in Column C of Table 1 in Clause
52.06-5 for that use.
Clause 52.06 does not apply to:
the extension of one dwelling on a lot in the Neighbourhood Residential Zone, General
Residential Zone, Residential Growth Zone, Mixed Use Zone or Township Zone; or
the construction and use of one dwelling on a lot in the Neighbourhood Residential Zone,
General Residential Zone, Residential Growth Zone, Mixed Use Zone or Township Zone unless
the zone or a schedule to the zone speci昀椀es that a permit is required to construct or extend one
dwelling on a lot; or
the construction and use of a small second dwelling.
52.06-2 Provision of car parking spaces

19/04/2013
VC95 Before:
a new use commences; or
the 昀氀oor area or site area of an existing use is increased; or
an existing use is increased by the measure speci昀椀ed in Column C of Table 1 in Clause 52.06-5
for that use,
the number of car parking spaces required under Clause 52.06-5 or in a schedule to the Parking
Overlay must be provided to the satisfaction of the responsible authority in one or more of the
following ways:
on the land; or
in accordance with a permit issued under Clause 52.06-3; or
in accordance with a 昀椀nancial contribution requirement speci昀椀ed in a schedule to the Parking
Overlay.
If a schedule to the Parking Overlay speci昀椀es a maximum parking provision, the maximum provision
must not be exceeded except in accordance with a permit issued under Clause 52.06-3.
Page 700 of 1195


04/10/2018
Reduce (including reduce to zero) the number of car parking spaces required under Clause
52.06-5 or in a schedule to the Parking Overlay.
Provide some or all of the car parking spaces required under Clause 52.06-5 or in a schedule
to the Parking Overlay on another site.
Provide more than the maximum parking provision speci昀椀ed in a schedule to the Parking
Overlay.
A permit is not required if a schedule to the Parking Overlay speci昀椀es that a permit is not required
under this clause.
A permit is not required to reduce the number of car parking spaces required for a new use of land
if the following requirements are met:
The number of car parking spaces required under Clause 52.06-5 or in a schedule to the Parking
Overlay for the new use is less than or equal to the number of car parking spaces required under
Clause 52.06-5 or in a schedule to the Parking Overlay for the existing use of the land.
The number of car parking spaces currently provided in connection with the existing use is not
reduced after the new use commences.
A permit is not required to reduce the required number of car parking spaces for a new use of an
existing building if the following requirements are met:
The building is in the Commercial 1 Zone, Commercial 2 Zone, Commercial 3 Zone or Activity
Centre Zone.
The gross 昀氀oor area of the building is not increased.
The reduction does not exceed 10 car parking spaces.
The building is not in a Parking Overlay with a schedule that allows a 昀椀nancial contribution
to be paid in lieu of the provision of the required car parking spaces for the use.
Subject to Clause 71.06, an application under this clause to reduce the required number of car
parking spaces by no more than 10 car parking spaces is a class of VicSmart application and must
be assessed against Clause 59.10.

31/07/2018
VC148 An application under Clause 52.06-3 is exempt from the notice requirements of section 52(1)(a),
(b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section
82(1) of the Act if:
the application is only for a permit under Clause 52.06-3; or
the application is also for a permit under another provision of the planning scheme and in
respect of all other permissions sought, the application is exempt from the notice requirements
of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the
review rights of Section 82(1) of the Act.
52.06-5 Number of car parking spaces required under Table 1

24/01/2020
VC160 Table 1 of this clause sets out the car parking requirement that applies to a use listed in the Table.
A car parking requirement in Table 1 may be calculated as either:
a number of car parking spaces; or
a percentage of the total site area that must be set aside for car parking.
Page 701 of 1195

A car parking requirement in Table 1 is calculated by multiplying the 昀椀gure in Column A or

Column B (whichever applies) by the measure (for example square metres, number of patrons or
number of bedrooms) in Column C.
Column A applies unless Column B applies.
Column B applies if:
any part of the land is identi昀椀ed as being within the Principal Public Transport Network Area
as shown on the Principal Public Transport Network Area Maps (State Government of Victoria,
August 2018); or
a schedule to the Parking Overlay or another provision of the planning scheme speci昀椀es that
Column B applies.
Where an existing use is increased by the measure speci昀椀ed in Column C of Table 1 for that use,
the car parking requirement only applies to the increase, provided the existing number of car
parking spaces currently being provided in connection with the existing use is not reduced.
If in calculating the number of car parking spaces the result is not a whole number, the required
number of car parking spaces is to be rounded down to the nearest whole number.
Where the car parking requirement speci昀椀ed in Table 1 is calculated as a percentage of the total
site area, the area to be provided for car parking includes an accessway that directly abuts any car
parking spaces, but does not include any accessway or portion of an accessway that does not
directly abut any car parking spaces.
The car parking requirement speci昀椀ed in Table 1 includes disabled car parking spaces. The
proportion of spaces to be allocated as disabled spaces must be in accordance with Australian
Standard AS2890.6-2009 (disabled) and the Building Code of Australia.
The car parking requirement speci昀椀ed for a use listed in Table 1 does not apply if:
a car parking requirement for the use is speci昀椀ed under another provision of the planning
scheme; or
a schedule to the Parking Overlay speci昀椀es the number of car parking spaces required for the
use.
Table 1: Car parking requirement
Use Rate Rate Car Parking Measure

Column Column Column C
A B
Amusement parlour 4 3.5 To each 100 sq m of net floor area
Art & craft centre 4 3.5 To each 100 sq m of net floor area
Bar 0.4 To each patron permitted
3.5 Space to each 100 sq m of leasable floor area
Betting agency 4 3.5 To each 100 sq m of leasable floor area
Bowling green 6 6 To each rink plus 50 per cent of the relevant

requirement of any ancillary use
Child care centre 0.22 0.22 To each child
Cinema based 0.3 0.3 To each patron permitted

entertainment facility
Convenience restaurant 0.3 To each patron permitted
3.5 To each 100 sq m of leasable floor area
Page 702 of 1195


A B
Convenience shop if the 10 To each premises

leasable floor area exceeds
80 sq m 3.5 To each 100 sq m of leasable floor area
Display home centre 5 To each dwelling for five or fewer contiguous

dwellings, plus
2 To each additional contiguous dwelling
3.5 To each 100 sq m of floor area
Dwelling 1 1 To each one or two bedroom dwelling, plus
2 2 To each three or more bedroom dwelling (with

studies or studios that are separate rooms counted
as a bedrooms) plus
1 0 For visitors to every 5 dwellings for developments

of 5 or more dwellings
Education centre other than 0.4 0.3 To each student that is part of the maximum number
listed in this table of students on the site at any time
Food and drink premises 4 3.5 To each 100 sq m of leasable floor area
other than listed in this
table
Freezing and cool storage, 1.5 1 To each 100 sq m of net floor area
Fuel depot 10 10 Per cent of site area
Funeral Parlour 0.3 0.3 To each patron permitted
Gambling premises other 0.4 To each patron permitted

than listed in this table
Golf course 4 4 To each hole plus 50 per cent of the relevant

requirement of any ancillary uses.
Home based business 1 0 To each employee not a resident of the dwelling
Hotel 0.4 To each patron permitted
Industry other than listed in 2.9 1 To each 100 sq m of net floor area
this table
Landscape gardening 10 10 Per cent of site area

supplies
Mail centre 3.5 3 To each 100 sq m of net floor area
Manufacturing sales 4 3.5 To each 100 sq m of leasable floor area
Market 8 3.5 To each 100 sq m of site area
Materials recycling 10 10 Per cent of site area
Medical centre 5 To the first person providing health services plus
3 To every other person providing health services
Milk depot 10 10 Per cent of site area
Page 703 of 1195


A B
Motel 1 1 To each unit, and one to each manager dwelling,

plus 50 per cent of the relevant requirement of any
ancillary use
Motor repairs 3 3 To each 100 sq m of net floor area plus
1 1 for each vehicle being serviced, repaired or fitted

with accessories, including vehicles waiting to be
serviced, repaired, fitted with accessories or
collected by owners
Office other than listed in 3.5 3 To each 100 sq m of net floor area
this table
Place of assembly other 0.3 0.3 To each patron permitted

than listed in this table
Postal agency 4 3.5 To each 100 sq m of leasable floor area
Primary produce sales 4 3.5 To each 100 sq m of leasable floor area
Primary school 1 1 To each employee that is part of the maximum

number of employees on the site at any time
Research and development 3.5 3 To each 100 sq m of net floor area

centre
Residential aged care 0.3 0.3 To each lodging room

facility
Residential village 1 1 To each one or two bedroom dwelling plus

as a bedrooms) plus
1 0 For visitors to every five dwellings for developments

of five or more dwellings
Retirement village 1 1 To each one or two bedroom dwelling plus

as a bedrooms) plus
1 0 For visitors to every five dwellings for developments

of five or more dwellings
Restaurant 0.4 To each patron permitted
Restricted retail premises 3 2.5 To each 100 sq m of leasable floor area
Rooming house 1 1 To each four bedrooms
Saleyard 10 10 Per cent of site area
Secondary school 1.2 1.2 To each employee that is part of the maximum
number of employees on the site at any time
Shop other than listed in 4 3.5 To each 100 sq m of leasable floor area
this table
Squash court – other than 3 3 To each court plus 50 per cent of the relevant
in conjunction with a requirement of any ancillary use
dwelling
Page 704 of 1195


A B
Store other than listed in 10 10 Per cent of site area

this table
Supermarket 5 5 To each 100 sq m of leasable floor area
Swimming pool – other than 5.6 5.6 To each 100 sq m of the site
in conjunction with a
dwelling
Tennis court – other than in 4 4 To each court plus 50% of the requirement of any
conjunction with a dwelling ancillary use
Trade supplies 10 10 Per cent of site area
Veterinary centre 5 To the first person providing animal health services

plus
3 To every other person providing animal health

services
Warehouse other than listed 2 2 To each premises plus

in this table
1.5 1 To each 100 sq m of net floor area
Winery 0.4 To each patron permitted
52.06-6 Number of car parking spaces required for other uses

16/01/2018
VC142 Where a use of land is not speci昀椀ed in Table 1 or where a car parking requirement is not speci昀椀ed
for the use in another provision of the planning scheme or in a schedule to the Parking Overlay,
before a new use commences or the 昀氀oor area or site area of an existing use is increased, car
parking spaces must be provided to the satisfaction of the responsible authority. This does not
apply to the use of land for a temporary portable land sales of昀椀ce located on the land for sale.
52.06-7 Application requirements and decision guidelines for permit applications

25/05/2017
VC133
For applications to reduce the car parking requirement
An application to reduce (including reduce to zero) the number of car parking spaces required
under Clause 52.06-5 or in a schedule to the Parking Overlay must be accompanied by a Car
Parking Demand Assessment.
The Car Parking Demand Assessment must assess the car parking demand likely to be generated
by the proposed:
new use; or
increase in the 昀氀oor areas or site area of the existing use; or
increase to the existing use by the measure speci昀椀ed in Column C of Table 1 in Clause 52.06-5
for that use.
The Car Parking Demand Assessment must address the following matters, to the satisfaction of
the responsible authority:
The likelihood of multi-purpose trips within the locality which are likely to be combined with
a trip to the land in connection with the proposed use.
The variation of car parking demand likely to be generated by the proposed use over time.
Page 705 of 1195

The short-stay and long-stay car parking demand likely to be generated by the proposed use.
The availability of public transport in the locality of the land.
The convenience of pedestrian and cyclist access to the land.
The provision of bicycle parking and end of trip facilities for cyclists in the locality of the land.
The anticipated car ownership rates of likely or proposed visitors to or occupants (residents or
employees) of the land.
Any empirical assessment or case study.
Before granting a permit to reduce the number of spaces, the responsible authority must consider
the following, as appropriate:
The Car Parking Demand Assessment.
Any relevant local planning policy or incorporated plan.
The availability of alternative car parking in the locality of the land, including:
– Ef昀椀ciencies gained from the consolidation of shared car parking spaces.
– Public car parks intended to serve the land.
– On street parking in non residential zones.
– Streets in residential zones speci昀椀cally managed for non-residential parking.
On street parking in residential zones in the locality of the land that is intended to be for
residential use.
The practicality of providing car parking on the site, particularly for lots of less than 300 square
metres.
Any adverse economic impact a shortfall of parking may have on the economic viability of
any nearby activity centre.
The future growth and development of any nearby activity centre.
Any car parking de昀椀ciency associated with the existing use of the land.
Any credit that should be allowed for car parking spaces provided on common land or by a
Special Charge Scheme or cash-in-lieu payment.
Local traf昀椀c management in the locality of the land.
The impact of fewer car parking spaces on local amenity, including pedestrian amenity and the
amenity of nearby residential areas.
The need to create safe, functional and attractive parking areas.
Access to or provision of alternative transport modes to and from the land.
The equity of reducing the car parking requirement having regard to any historic contributions
by existing businesses.
The character of the surrounding area and whether reducing the car parking provision would
result in a quality/positive urban design outcome.
Any other matter speci昀椀ed in a schedule to the Parking Overlay.
Any other relevant consideration.
Page 706 of 1195

For applications to allow some or all of the required car parking spaces to be provided on
another site
Before granting a permit to allow some or all of the car parking spaces required under Clause
52.06-5 or in a schedule to the Parking Overlay to be provided on another site, the responsible
authority must consider the following, as appropriate:
The proximity of the car parking on the alternate site to the subject site.
The likelihood of the long term provision and availability of the car parking spaces.
Whether the location of the car parking spaces is consistent with any relevant local policy or
incorporated plan.
For applications to provide more than the maximum parking provision specified in a schedule
to the Parking Overlay
An application to provide more than the maximum parking provision speci昀椀ed in a schedule to
the Parking Overlay must be accompanied by a Car Parking Demand Assessment.
The Car Parking Demand Assessment must assess the car parking demand likely to be generated
by the proposed use or increase to the existing use.
The Car Parking Demand Assessment must address the following matters, to the satisfaction of
the responsible authority:
a trip to the land in connection with the proposed use.
The variation of car parking demand likely to be generated by the proposed use over time.
The short-stay and long-stay car parking demand likely to be generated by the proposed use.
The provision of bicycle parking and end of trip facilities for cyclists in the locality of the land.
The anticipated car ownership rates of likely or proposed visitors to or occupants (residents or
employees) of the land.
Any empirical assessment or case study.
52.06-8 Requirement for a car parking plan

25/05/2017
VC133 Plans must be prepared to the satisfaction of the responsible authority before any of the following
occurs:
a new use commences; or
the 昀氀oor area or site area of an existing use is increased; or
an existing use is increased by the measure speci昀椀ed in Column C of Table 1 in Clause 52.06-5
for that use.
The plans must show, as appropriate:
All car parking spaces that are proposed to be provided (whether on the land or on other land).
Access lanes, driveways and associated works.
Allocation of car parking spaces to different uses or tenancies, if applicable.
Any landscaping and water sensitive urban design treatments.
Finished levels, if required by the responsible authority.
Page 707 of 1195


Plans must be provided to the responsible authority under Clause 52.06-8 wherever Clause 52.06
applies, whether or not a permit application is being made under Clause 52.06-3 or any other
provision of the planning scheme.
Where an application is being made for a permit under Clause 52.06-3 or another provision of the
planning scheme, the information required under Clause 52.06-8 may be included in other plans
submitted with the application.
Clause 52.06-8 does not apply where no car parking spaces are proposed to be provided.
52.06-9 Design standards for car parking

03/02/2022
VC199 Plans prepared in accordance with Clause 52.06-8 must meet the design standards of Clause
52.06-9, unless the responsible authority agrees otherwise.
Design standards 1, 3, 6 and 7 do not apply to an application to construct one dwelling on a lot.
Design standard 1 – Accessways

Accessways must:
Be at least 3 metres wide.
Have an internal radius of at least 4 metres at changes of direction or intersection or be at least
4.2 metres wide.
Allow vehicles parked in the last space of a dead-end accessway in public car parks to exit in
a forward direction with one manoeuvre.
Provide at least 2.1 metres headroom beneath overhead obstructions, calculated for a vehicle
with a wheel base of 2.8 metres.
If the accessway serves four or more car spaces or connects to a road in a Transport Zone 2 or
Transport Zone 3, the accessway must be designed so that cars can exit the site in a forward
direction.
Provide a passing area at the entrance at least 6.1 metres wide and 7 metres long if the accessway
serves ten or more car parking spaces and is either more than 50 metres long or connects to a
road in a Transport Zone 2 or Transport Zone 3.
Have a corner splay or area at least 50 per cent clear of visual obstructions extending at least
2 metres along the frontage road from the edge of an exit lane and 2.5 metres along the exit
lane from the frontage, to provide a clear view of pedestrians on the footpath of the frontage
road. The area clear of visual obstructions may include an adjacent entry or exit lane where
more than one lane is provided, or adjacent landscaped areas, provided the landscaping in those
areas is less than 900mm in height.
If an accessway to four or more car parking spaces is from land in a Transport Zone 2 or Transport
Zone 3, the access to the car spaces must be at least 6 metres from the road carriageway.
If entry to the car space is from a road, the width of the accessway may include the road.
Design standard 2 – Car parking spaces

Car parking spaces and accessways must have the minimum dimensions as outlined in Table 2.
Table 2: Minimum dimensions of car parking spaces and accessways
Angle of car parking Accessway width Car space width Car space length
spaces to access way
Parallel 3.6 m 2.3 m 6.7 m
Page 708 of 1195

45º 3.5 m 2.6 m 4.9 m
60º 4.9 m 2.6 m 4.9 m
90º 6.4 m 2.6 m 4.9 m
5.8 m 2.8 m 4.9 m
5.2 m 3.0 m 4.9 m
4.8 m 3.2 m 4.9 m
Note Some dimensions in Table 2 vary from those shown in the Australian Standard AS2890.1-2004 (off street).
The dimensions shown in Table 2 allocate more space to aisle widths and less to marked spaces to provide
improved operation and access. The dimensions in Table 2 are to be used in preference to the Australian
Standard AS2890.1-2004 (off street) except for disabled spaces which must achieve Australian Standard
AS2890.6-2009 (disabled).
A wall, fence, column, tree, tree guard or any other structure that abuts a car space must not
encroach into the area marked ‘clearance required’ on Diagram 1, other than:
A column, tree or tree guard, which may project into a space if it is within the area marked
‘tree or column permitted’ on Diagram 1.
A structure, which may project into the space if it is at least 2.1 metres above the space.
Diagram 1 Clearance to car parking spaces
Car spaces in garages or carports must be at least 6 metres long and 3.5 metres wide for a single
space and 5.5 metres wide for a double space measured inside the garage or carport.
Where parking spaces are provided in tandem (one space behind the other) an additional 500 mm
in length must be provided between each space.
Where two or more car parking spaces are provided for a dwelling, at least one space must be
under cover.
Disabled car parking spaces must be designed in accordance with Australian Standard
AS2890.6-2009 (disabled) and the Building Code of Australia. Disabled car parking spaces may
encroach into an accessway width speci昀椀ed in Table 2 by 500mm.
Page 709 of 1195

Design standard 3: Gradients

Accessway grades must not be steeper than 1:10 (10 per cent) within 5 metres of the frontage to
ensure safety for pedestrians and vehicles. The design must have regard to the wheelbase of the
vehicle being designed for; pedestrian and vehicular traf昀椀c volumes; the nature of the car park;
and the slope and con昀椀guration of the vehicle crossover at the site frontage. This does not apply
to accessways serving three dwellings or less.
Ramps (except within 5 metres of the frontage) must have the maximum grades as outlined in
Table 3 and be designed for vehicles travelling in a forward direction.
Table 3: Ramp gradients
Type of car park Length of ramp Maximum grade
Public car parks 20 metres or less 1:5 (20%)
longer than 20 metres 1:6 (16.7%)
Private or residential car 20 metres or less 1:4 (25%)

parks
longer than 20 metres 1:5 (20%)
Where the difference in grade between two sections of ramp or 昀氀oor is greater that 1:8 (12.5 per
cent) for a summit grade change, or greater than 1:6.7 (15 per cent) for a sag grade change, the
ramp must include a transition section of at least 2 metres to prevent vehicles scraping or bottoming.
Plans must include an assessment of grade changes of greater than 1:5.6 (18 per cent) or less than
3 metres apart for clearances, to the satisfaction of the responsible authority.
Design standard 4: Mechanical parking

Mechanical parking may be used to meet the car parking requirement provided:
At least 25 per cent of the mechanical car parking spaces can accommodate a vehicle height
of at least 1.8 metres.
Car parking spaces that require the operation of the system are not allocated to visitors unless
used in a valet parking situation.
The design and operation is to the satisfaction of the responsible authority.
Design standard 5: Urban design

Ground level car parking, garage doors and accessways must not visually dominate public space.
Car parking within buildings (including visible portions of partly submerged basements) must be
screened or obscured where possible, including through the use of occupied tenancies, landscaping,
architectural treatments and artworks.
Design of car parks must take into account their use as entry points to the site.
Design of new internal streets in developments must maximise on street parking opportunities.
Design standard 6: Safety

Car parking must be well lit and clearly signed.
The design of car parks must maximise natural surveillance and pedestrian visibility from adjacent
buildings.
Pedestrian access to car parking areas from the street must be convenient.
Pedestrian routes through car parking areas and building entries and other destination points must
be clearly marked and separated from traf昀椀c in high activity parking areas.
Page 710 of 1195

Design standard 7: Landscaping

The layout of car parking areas must provide for water sensitive urban design treatment and
landscaping.
Landscaping and trees must be planted to provide shade and shelter, soften the appearance of
ground level car parking and aid in the clear identi昀椀cation of pedestrian paths.
Ground level car parking spaces must include trees planted with 昀氀ush grilles. Spacing of trees
must be determined having regard to the expected size of the selected species at maturity.

25/05/2017
VC133 Before deciding that a plan prepared under Clause 52.06-8 is satisfactory the responsible authority
must consider, as appropriate:
The role and function of nearby roads and the ease and safety with which vehicles gain access
to the site.
The ease and safety with which vehicles access and circulate within the parking area.
The provision for pedestrian movement within and around the parking area.
The provision of parking facilities for cyclists and disabled people.
The protection and enhancement of the streetscape.
The provisions of landscaping for screening and shade.
The measures proposed to enhance the security of people using the parking area particularly
at night.
The amenity of the locality and any increased noise or disturbance to dwellings and the amenity
of pedestrians.
The workability and allocation of spaces of any mechanical parking arrangement.
The design and construction standards proposed for paving, drainage, line marking, signage,
lighting and other relevant matters.
The type and size of vehicle likely to use the parking area.
Whether the layout of car parking spaces and access lanes is consistent with the speci昀椀c standards
or an appropriate variation.
The need for the required car parking spaces to adjoin the premises used by the occupier/s, if
the land is used by more than one occupier.
Whether the layout of car spaces and accessways are consistent with Australian Standards
AS2890.1-2004 (off street) and AS2890.6-2009 (disabled).
The relevant standards of Clauses 56.06-2, 56.06-4, 56.06-5, 56.06-7 and 56.06-8 for residential
developments with accessways longer than 60 metres or serving 16 or more dwellings.
52.06-11 Construction of car parking

25/05/2017
VC133 Where a plan is required under Clause 52.06-8, the car parking spaces, access lanes, driveways
and associated works and landscaping shown on the plan must be:
constructed and available for use in accordance with the plan approved by the responsible
authority; and
formed to such levels and drained so that they can be used in accordance with the plan; and
treated with an all-weather seal or some other durable surface; and
Page 711 of 1195

line-marked or provided with some other adequate means of showing the car parking spaces,
before any of the following occurs:
the new use commences; or
the 昀氀oor area or site area of the existing use is increased; or
the existing use is increased by the measure speci昀椀ed in Column C of Table 1 in Clause 52.06-5
for that use.
Page 712 of 1195

52.07 EMERGENCY RECOVERY

22/11/2022
VC228
Purpose
To facilitate and support recovery from emergencies.
To facilitate the construction and use of temporary accommodation following an emergency.
To enable businesses and services to continue operating following an emergency.
To support the provision of materials and infrastructure required for emergency recovery.

04/11/2022
a speci昀椀ed person or body, does not apply to any of the following uses or developments if the
requirements of clause 52.07 are met:
The use of land or the construction of a building or the construction or carrying out of works:
– Associated with recovery carried out by or on behalf of a municipal council or public
authority; or
– For accommodation; or
– For a use (other than accommodation) that was lawfully carried out in a building immediately
before that building was damaged or destroyed by an emergency.
The removal, destruction or lopping of vegetation.

This exemption does not apply to:
The requirement in clause 45.03-1.
The use or development of land to which clause 52.14 applies.
52.07-2 Information to responsible authority

04/11/2022
VC226 The following requirement does not apply to the use or development of land associated with
recovery carried out by or on behalf of a municipal council or public authority.
Before the commencement of a use or the construction of a building under clause 52.07, the
following information must be given in writing to the responsible authority and to the satisfaction
of the responsible authority:
A description of the proposed use.
A description of the proposed building.
A description of the land on which the use will be carried out or the building will be constructed
by:
– Stating the address of the land; or
– Stating the title particulars of the land; or
– Including a plan showing the land; or
– Any combination of these.
Page 713 of 1195

52.07-3 Temporary accommodation requirements

04/11/2022
VC226 The following requirements do not apply to the use or development of land associated with recovery
carried out by or on behalf of a municipal council or public authority.
Land must only be used for accommodation under this clause to accommodate a person whose
principal place of residence was damaged or destroyed by a bush昀椀re on the same land or contiguous
land in the same ownership.
Land used for accommodation under this clause must meet the following requirements:
Access to the accommodation must be provided via an all-weather road with dimensions
adequate to accommodate emergency vehicles.
The accommodation must be connected to reticulated sewerage, if available. If reticulated
sewerage is not available, all wastewater from the accommodation must be treated and retained
within the lot in accordance with the requirements in the Environment Protection
system or treated and disposed of to the satisfaction of the responsible authority.
The accommodation must be connected to a reticulated potable water supply or have an
alternative potable water supply.
The accommodation must be connected to a reticulated electricity supply or have an alternative
energy source.
The use of land for accommodation under this clause must not continue after 3 years of the
commencement of the use unless in accordance with the requirements of this planning scheme.
A building or works constructed or carried out under this clause for accommodation must be on
the same land, or on contiguous land in the same ownership, as a building used for accommodation
that was damaged or destroyed by a bush昀椀re and must be completed within 18 months of the date
that building was damaged or destroyed.
Unless in accordance with the written agreement of the responsible authority, the combined gross
昀氀oor area of all buildings constructed for accommodation under this clause on contiguous land in
the same ownership must not exceed 60 square metres.
52.07-4 Continuation of use requirements

04/11/2022
VC226 The following requirements do not apply to the use or development of land:
For accommodation; or
Associated with recovery carried out by or on behalf of a municipal council or public authority.
Unless in accordance with the written agreement of the responsible authority, the use of land under
this clause for a use that was carried out in a building immediately before that building was damaged
or destroyed by an emergency must be carried out on the same land, or on contiguous land in the
same ownership, as the damaged or destroyed building.
A use commenced under this clause must not continue after 3 years of its commencement unless
in accordance with this planning scheme.
A building or works constructed or carried out under this clause for a use that was carried out in
a building damaged or destroyed by an emergency, must be on the same land, or on contiguous
land in the same ownership, as the damaged or destroyed building and must be completed within
18 months of the date that building was damaged or destroyed by an emergency.
Unless in accordance with the written agreement of the responsible authority, the combined gross
昀氀oor area of all buildings constructed under this clause on contiguous land in the same ownership
must not exceed 100 square metres.
Page 714 of 1195

52.07-5 Vegetation removal requirement

04/11/2022
VC226 Vegetation must only be removed, destroyed or lopped to the minimum extent necessary:
To enable the removal of a building, equipment or other material that was damaged or destroyed
by an emergency within 3 years of the date it was damaged or destroyed; or
To enable the repair or reconstruction of a fence that was damaged or destroyed by an
emergency within 3 years of the date it was damaged or destroyed for a combined maximum
width of 4 metres either side of the fence.
This requirement does not apply to:
The removal, destruction or lopping of vegetation within 10 metres of a building constructed
for accommodation under this clause; or
The removal, destruction or lopping of vegetation (other than a tree) within 30 metres of a
building constructed for accommodation under this clause; or
The removal, destruction or lopping of vegetation (other than a tree) within 50 metres of a
building constructed for accommodation under this clause in a Bush昀椀re Management Overlay.
52.07-6 Other development requirements

04/11/2022
VC226 Development of land in a Bush昀椀re Management Overlay or Erosion Management Overlay that
would require a permit, or would be prohibited, under the overlay were it not for the exemption
in clause 52.07-1, must be sited to the satisfaction of the responsible authority.
Development of land in a Heritage Overlay that would require a permit, or would be prohibited,
under the overlay were it not for the exemption in clause 52.07-1, must be carried out to the
satisfaction of the responsible authority.
Development of land in an Urban Floodway Zone, Floodway Overlay, Land Subject to Inundation
Overlay or Special Building Overlay that would require a permit, or would be prohibited, under
the overlay were it not for the exemption in clause 52.07-1, must be sited to the satisfaction of the
relevant 昀氀oodplain management authority.
52.07-7 Exemptions for extractive industry

06/10/2023
VC247 Any requirement of a planning permit, including any condition, or any provision of this planning
scheme, that limits, or has the effect of limiting, the hours or days during which an extractive
industry may be carried out, does not apply to the quarrying and processing of materials and the
dispatch, delivery, loading or unloading of materials if:
The materials are directly associated with recovery; and
The quarrying and processing of materials and the dispatch, delivery, loading or unloading of
materials occurs within 24 months of an emergency.
52.07-8 Meaning of terms

22/11/2022
emergency means:
– a bush昀椀re; or
– an earthquake, 昀氀ood, wind-storm or other natural event;
recovery means the assisting of persons and communities affected by emergencies to achieve
a proper and effective level of functioning.
Page 715 of 1195

52.08 EARTH AND ENERGY RESOURCES INDUSTRY

24/01/2020
VC160
Purpose
To encourage land to be used and developed for exploration and extraction of earth and energy
resources in accordance with acceptable environmental standards.
To ensure that geothermal energy extraction, greenhouse gas sequestration, mining and petroleum
production are not prohibited land uses.
To ensure that planning controls for the use and development of land for the exploration and
extraction of earth and energy resources are consistent with other legislation governing these land
uses.

24/01/2020
VC160 A permit is required to use and develop land for earth and energy resources industry unless the
table to this clause speci昀椀cally states that a permit is not required.
Table of exemptions
No permit is required to use or develop land for earth and energy resources industry if the following
conditions are met:
Extractive industry Complies with Section 77T of the Mineral Resources (Sustainable
Development) Act 1990.
Geothermal energy exploration Complies with the Geothermal Energy Resources Act 2005.
Geothermal energy extraction Complies with Section 62 of the Geothermal Energy Resources
Act 2005.
Greenhouse gas sequestration Complies with Section 189 of the Greenhouse Gas Geological
exploration Sequestration Act 2008.
Greenhouse gas sequestration Complies with Section 191 of the Geological Sequestration Act
2008.
Mineral exploration Complies with Section 43(3) of the Mineral Resources (Sustainable
Mining Complies with Section 42(7) or Section 42A Mineral Resources

(Sustainable Development) Act 1990; or
Complies with Section 47A of the Electricity Industry Act 1993.
Petroleum exploration Complies with Section 118 of the Petroleum Act 1998.
Petroleum production Complies with Section 120 of the Petroleum Act 1998.
Stone exploration Must not be costeaning or bulk sampling.
52.08-2 Application requirements for mining

24/01/2020
VC160 An application to use and develop land for mining must be accompanied by:
A copy of a work plan or a variation to an approved work plan that has received statutory
endorsement under section 77TD of the Mineral Resources (Sustainable Development) Act
1990.
The written notice of statutory endorsement under section 77TD(1) of the Mineral Resources
Any conditions speci昀椀ed under section 77TD(3) of the Mineral Resources (Sustainable
Page 716 of 1195

52.08-3 Referral requirements for mining

14/05/2021
VC198 An application to use or develop land for mining must be referred under section 55 of the Act to
the person or body speci昀椀ed as the referral authority in Clause 66.
Unless the referral authority is the Head, Transport for Victoria, the referral requirement in Clause
66 does not apply if a copy of a work plan or variation to an approved work plan accompanying
the application was given to the referral authority under section 77TE of the Mineral Resources
Page 717 of 1195

52.09 EXTRACTIVE INDUSTRY AND EXTRACTIVE INDUSTRY INTEREST AREAS

24/01/2020
VC160
Purpose
To ensure that use and development of land for extractive industry does not adversely affect the
environment or amenity of the area during or after extraction.
To ensure that excavated areas can be appropriately rehabilitated.
To ensure that stone resources, which may be required by the community for future use, are
protected from inappropriate use and development.
52.09-1 Application
24/01/2020
VC160 This clause applies to an application to use or develop land:
For extractive industry;
Within an Extractive Industry Interest Area; or
Within 500 metres of an existing or proposed extractive industry operation.

24/01/2020
VC160 An application to use and develop land for extractive industry must be accompanied by:
A copy of a work plan or a variation to an approved work plan that has received statutory
endorsement under section 77TD of the Mineral Resources (Sustainable Development) Act
1990.
The written notice of statutory endorsement under section 77TD(1) of the Mineral Resources
Any conditions speci昀椀ed under section 77TD(3) of the Mineral Resources (Sustainable
These requirements do not apply if the proposed extractive industry is exempt from:
The requirement to obtain a work plan under section 77G of the Mineral Resources (Sustainable
Development) Act 1990; or
The provisions of the Mineral Resources (Sustainable Development) Act 1990 under section
5AA of that Act.

22/03/2022
VC219 An application must be referred under section 55 of the Act to the person or body speci昀椀ed as the
referral authority in Clause 66, if the application is to use or develop land for:
Extractive industry; or
Accommodation in a rural zone is located within 500 metres from the nearest title boundary
of land on which a work authority has been applied for or granted under the Mineral Resources
Unless the referral authority is the Head, Transport for Victoria, the referral requirement in Clause
66 does not apply if a copy of a work plan or variation to an approved work plan accompanying
the application was given to the referral authority under section 77TE of the Mineral Resources

24/01/2020
VC160 Before deciding on an application to use and develop land for extractive industry, in addition to
the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
Page 718 of 1195

The effect of the proposed extractive industry on any native 昀氀ora and fauna on and near the
land.
The impact of the proposed extractive industry on sites of cultural and historic signi昀椀cance,
including any effects on Aboriginal places.
The effect of the proposed extractive industry on the natural and cultural landscape of the
surrounding land and the locality generally.
The ability of the proposed extractive industry to contain any emissions within the boundaries
of the land in accordance with relevant legislation.
The effect of vehicular traf昀椀c, noise, blasting, dust and vibration on the amenity of the
surrounding area.
The ability to rehabilitate the affected land to a form or for a use which is compatible with the
natural systems or visual appearance of the surrounding area.
The ability to rehabilitate the land so it can be used for a purpose or purposes bene昀椀cial to the
community.
The effect of the proposed extractive industry on groundwater quality and the impact on any
affected water uses.
The impact of the proposed extractive industry on surface drainage and surface water quality.
Any proposed provisions, conditions or requirements in a work plan that has received statutory
endorsement under the Mineral Resources (Sustainable Development) Act 1990.
52.09-5 Permit conditions for extractive industry

24/01/2020
VC160 A permit to use and develop land for extractive industry must not include conditions which require
the use to cease by a speci昀椀ed date unless either:
The subject land is situated in or adjoins land which is being developed or is proposed to be
developed for urban purposes.
Such condition is suggested by the applicant.
A permit to use and develop land for extractive industry must include:
A condition that allows for a period of not less than 昀椀ve years for the use and development to
commence before the permit expires under section 68 of the Act.
Conditions that are consistent with the requirements speci昀椀ed in Clause 52.09-6.
52.09-6 Requirements for extractive industry

24/01/2020
VC160 The use and development of land for extractive industry must comply with the following
requirements, to the satisfaction of the responsible authority:
Except in accordance with a permit, no alteration may be made to the natural condition or
topography of the land within 20 metres of the boundary of land. This does not apply to
driveways, drains, bund walls or landscaping.
Shrubs and trees must be planted and maintained to screen activity on the land.
Parking areas must be provided for employees’ cars and all vehicles used on the land.
52.09-7 Notice of an application

22/03/2022
VC219 Notice of the following kinds of applications must be given in accordance with section 52(1)(c)
of the Act to the person or body speci昀椀ed as the person or body to be noti昀椀ed in Clause 66.05:
An application to use or subdivide land or construct a building for accommodation, child care
centre, education centre or hospital:
Page 719 of 1195

– Within an Extractive Industry Interest Area.

– On land which is within 500 metres of land on which a work authority has been applied for
or granted under the Mineral Resources (Sustainable Development) Act 1990.
An application to construct a building or construct or carry out works on land for which a work
authority has been applied for or granted under the Mineral Resources (Sustainable Development)
Act 1990.
An application to use or develop land for accommodation in a rural zone if the building or
works associated with the accommodation is located within 500 metres from the nearest title
boundary of land on which a work authority has been applied for or granted under the Mineral
Resources (Sustainable Development) Act 1990.
This requirement does not apply to:
An application to extend a building or works.
An application that is required to be referred to the Secretary under section 55 of the Act.
Page 720 of 1195

52.10 RECONSTRUCTION AFTER AN EMERGENCY

05/10/2021
VC208
Purpose
To facilitate the reconstruction of buildings and works damaged or destroyed as a result of an
emergency.
To facilitate the re-establishment of businesses and services after an emergency.
To facilitate the continued use of land for dwellings after an emergency.
52.10-1 Use exemptions - dwelling

05/10/2021
scheme that prohibits the use of land, requires the use of land to be carried out in a particular
manner, or requires a speci昀椀ed thing to be done to the satisfaction of a speci昀椀ed person or body,
does not apply to the use of land (other than land in the Urban Floodway Zone) for a dwelling if
the following requirements are met:
A dwelling on the land must have been damaged or destroyed as a result of an emergency after
1 January 2019.
The use must commence within 5 years after the date the dwelling was damaged or destroyed.
The dwelling must not be a building that was constructed under clause 52.07.
The land must not be used for more than the number of dwellings the land was lawfully used
for before the dwelling was damaged or destroyed.
Access to the dwelling must be provided via an all-weather road with dimensions adequate to
accommodate emergency vehicles.
The dwelling must be connected to reticulated sewerage, if available. If reticulated sewerage
is not available, all wastewater from the dwelling must be treated and retained within the lot
in accordance with the requirements of the Environment Protection Regulations under the
Environment Protection Act 2017 for an on-site wastewater management system.
The dwelling must be connected to a reticulated potable water supply or have an alternative
potable water supply with adequate storage for domestic use as well as for 昀椀re 昀椀ghting purposes.
The dwelling must be connected to a reticulated electricity supply or have an alternative energy
source.

05/10/2021
VC208 An application under any provision of this planning scheme to use or develop land (other than the
subdivision of land) is exempt from the notice requirements of section 52(1)(a), (b) and (d), the
decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the
Act if the following requirements are met:
A building or works on the land must have been damaged or destroyed as a result of an
emergency after 1 January 2019.
A use must be a use that was lawfully carried out on the land immediately before the building
or works was damaged or destroyed and cannot continue without the building or works being
reconstructed.
A development must be for:
– The repair of the damaged or destroyed building or works; or
– The construction of a building, or the construction or carrying out of works, to replace the
damaged or destroyed building or works.
Page 721 of 1195

The application must be lodged within 5 years of the date the building was damaged or destroyed.
If the application is to use or develop land for a dwelling:
– A dwelling on the land must have been damaged or destroyed as a result of an emergency
after 1 January 2019.
– The application must only be for the number of dwellings that were damaged or destroyed.

05/10/2021
VC208 In this clause, emergency means:
a bush昀椀re; or
an earthquake, 昀氀ood, wind-storm or other natural event.
52.10-4 Transitional provision

05/10/2021
VC208 Clause 52.10-2 of this planning scheme, as in force immediately before the approval date of
Amendment VC208, continues to apply to an application lodged before that date for land on which
a building was damaged or destroyed by a bush昀椀re after 1 January 2019.
Page 722 of 1195

52.11 HOME BASED BUSINESS

31/07/2018
VC148
Purpose
To ensure that the amenity of the neighbourhood is not adversely affected by a business conducted
in or from a dwelling.
52.11-1 Requirements to be met

15/03/2024
VC256 A home based business must meet the following requirements:
The person conducting the home based business must use the dwelling as their principal place
of residence.
No more than two persons who does not live in the dwelling may work in the home based
business at any one time.
The net 昀氀oor area used in conducting the business including the storage of any materials or
goods must not exceed 100 square metres or one-third of the net 昀氀oor area of the dwelling,
whichever is the lesser. This does not apply to the education or care of children. The net 昀氀oor
area includes out-buildings and works normal to a dwelling.
The business must not impose a load on any utility greater than normally required for domestic
use.
The business must not adversely affect the amenity of the neighbourhood in any way including:
– The appearance of any building, works or materials used.
– The parking of motor vehicles.
– The transporting of materials or goods to or from the dwelling.
– The hours of operation.
– Electrical interference.
– The storage of chemicals, gasses or other hazardous materials.
– Emissions from the site.
No motor vehicle may be adjusted, modi昀椀ed, serviced or repaired for gain.

Only one commercial vehicle associated with a home business not exceeding 2 tonnes capacity
and with or without a trailer registered to a resident of the dwelling may be present at any time.
The vehicle must not be fuelled or repaired on the site.
No goods other than goods manufactured or serviced in the home based business may be offered
for sale. This requirement does not apply to goods offered for sale online.
Materials used or goods manufactured, serviced or repaired in the home based business must
be stored within a building.
No goods manufactured, serviced or repaired may be displayed so that they are visible from
outside the site.
Any goods offered for sale online must not be collected from the dwelling.
In this clause, a commercial vehicle means:
any motor vehicle which is used or intended to be used for carrying goods in the course of any
business; or
a commercial motor vehicle within the meaning of the Road Safety Act 1986.
Page 723 of 1195


15/03/2024
VC256 Despite the requirements of Clause 52.11-1, a permit may be granted for a home based business:
Which allows no more than three people who do not live in the dwelling to work in the business
at any one time; or
Which has a 昀氀oor area not exceeding 200 square metres or one-third of the net 昀氀oor area of
the dwelling, whichever is the lesser.
Which allows no more than one additional commercial vehicle, not exceeding two tonnes
capacity and with or without a trailer registered to a resident of the dwelling, to be present at
any time.
Decision guidelines
Whether there is a need for additional parking or loading facilities.
The effect of any vehicle parking, storage or washing facilities on the amenity and character
of the street.
Whether the site is suitable for the particular home based business and is compatible with the
surrounding use and development.
Whether there is a need for landscaping to screen any outbuildings or car parking or loading
areas or any other area relating to the home based business.
Page 724 of 1195

52.12 BUSHFIRE PROTECTION EXEMPTIONS

05/08/2020
VC176
Purpose
To facilitate the removal of vegetation in speci昀椀ed circumstances to support the protection of
human life and property from bush昀椀re.
To facilitate the construction and protection of community 昀椀re refuges and private bush昀椀re shelters.
52.12-1 Exemptions to create defendable space around buildings used for accommodation
05/08/2020
VC176 Any requirement of a planning permit, including any condition, which has the effect of prohibiting
the removal, destruction or lopping of vegetation, or any requirement of this planning scheme to
obtain a planning permit, or any provision of this planning scheme that prohibits the removal,
destruction or lopping of vegetation or requires the removal, destruction or lopping of vegetation
to be carried out in a particular manner, does not apply to any of the following:
The removal, destruction or lopping of any vegetation within 10 metres of an existing building
used for accommodation if all of the following requirements are met:
– The building must be located in an area that is designated as a bush昀椀re prone area under
the Building Act 1993.
– The building must have been:
constructed before 10 September 2009; or
approved by a planning permit or a building permit issued before 10 September 2009;
or
constructed to replace a dwelling or dependent persons unit that was damaged or destroyed
by a bush昀椀re that occurred between 1 January 2009 and 31 March 2009.
The removal, destruction or lopping of any vegetation, except trees, within 30 metres of an
existing building used for accommodation if all of the following requirements are met:
– The building must be located in an area that is designated as a bush昀椀re prone area under
the Building Act 1993.
approved by a planning permit or a building permit issued before 10 September 2009;
or
The removal, destruction or lopping of any vegetation, except trees, within 50 metres of an
existing building used for accommodation if all of the following requirements are met:
– The building must be located in the Bush昀椀re Management Overlay.
lawfully constructed without a planning permit before 18 November 2011; or
approved by a planning permit or a building permit issued before 10 September 2009
and constructed before 18 November 2011; or
Page 725 of 1195

52.12-2 Exemption for vegetation removal along a fenceline

05/08/2020
VC176 Any requirement of a planning permit, including any condition, which has the effect of prohibiting
to be carried out in a particular manner, does not apply to the removal, destruction or lopping of
any vegetation along a boundary fence between properties in different ownership if all of the
The fence must be located in an area that is designated as a bush昀椀re prone area under the Building
Act 1993.
The fence must have been constructed before 10 September 2009.
The clearing alongside both sides of the fence when combined must not exceed 4 metres in
width, except where land has already been cleared 4 metres or more along one side of the fence,
then up to 1 metre can be cleared along the other side of the fence.
52.12-3 Exemption for buildings and works associated with a community fire refuge
05/08/2020
VC176 Any requirement in this scheme relating to the construction of a building or the construction or
carrying out of works does not apply to modifying an existing building to create a community 昀椀re
refuge in accordance with Ministerial Direction No. 4, Construction Requirements for a Community
Fire Refuge (1 October 2015) of the Project Development and Construction Management Act
1994.
52.12-4 Exemption for buildings and works associated with a private bushfire shelter
05/08/2020
VC176 Any requirement in this planning scheme relating to the construction of a building or the
construction or carrying out of works does not apply to buildings and works associated with a
private bush昀椀re shelter (a Class 10c building within the meaning of the Building Regulations
2018), provided the total area of all buildings and works does not exceed 30 square metres.
This clause does not apply to land in the Urban Floodway Zone, Erosion Management Overlay,
Floodway Overlay, Land Subject to Inundation Overlay, Special Building Overlay or Heritage
Overlay.
52.12-5 Exemption to create defendable space for a dwelling under Clause 44.06 of this
05/08/2020
VC176
planning scheme
Any requirement of a planning permit, including any condition, which has the effect of prohibiting
to be carried out in a particular manner, does not apply to the removal, destruction or lopping of
vegetation to enable the construction of a dwelling, or the alteration or extension of an existing
dwelling, and create its defendable space if all of the following requirements are met:
Land is in the Bush昀椀re Management Overlay.
Land is in the General Residential Zone, Residential Growth Zone, Neighbourhood Residential
Zone, Urban Growth Zone, Low Density Residential Zone, Township Zone, Rural Living Zone,
Farming Zone or Rural Activity Zone.
The removal, destruction or lopping of vegetation:
– Does not exceed the distance speci昀椀ed in Table 1 to Clause 53.02-3 of this planning scheme,
based on the bush昀椀re attack level determined by a relevant building surveyor in deciding
an application for a building permit under the Building Act 1993 for a dwelling or alteration
or extension to the dwelling; or
Page 726 of 1195

– Is required to be undertaken by a condition in a planning permit issued after 31 July 2014

under Clause 44.06 of this scheme for a dwelling or an alteration or extension to the dwelling.
Note: The effect of clause 52.12-5 is that if an application for building and works is made and all requirements
of the clause are met, that application is not required to be accompanied by a permit application to remove
the vegetation covered by this clause.
Page 727 of 1195

52.13 VICTORIA'S CONTAINER DEPOSIT SCHEME

14/11/2022
VC227
52.13-1 Purpose
26/09/2023
VC246 To facilitate an automated collection point and a container deposit scheme centre to support waste
reduction and recycling under Victoria’s container deposit scheme.
To ensure an automated collection point and a container deposit scheme centre are designed and
sited to minimise impacts on the land and surrounding land uses.
52.13-2 Application
26/09/2023
VC246 This clause applies to the use or development of an automated collection point and a container
deposit scheme centre.
52.13-3 Automated collection point requirements

26/09/2023
VC246 An automated collection point should not:
Be attached to another building.
Be more than 3 metres in height. This includes an attached sign.
Restrict a vehicular or pedestrian accessway to or from the land or an entry or exit to a building.
52.13-4 Container deposit scheme centre requirements

26/09/2023
VC246 A container deposit scheme centre should collect, consolidate, store, sort or recover materials in
a fully enclosed and roofed building.
In an industrial zone, Commercial 2 Zone or Port Zone, a container deposit scheme centre should
be at least 30 metres from land (not a road):
In a residential zone (other than a Mixed Use Zone or Township Zone) or a Rural Living Zone.
Used for, or in a Public Acquisition Overlay to be acquired for, a hospital, an education centre
or a corrective institution.
In any other zone, a container deposit scheme centre should:
Be at least 60 metres from land (not a road):
– Used for accommodation, child care centre, pre-school centre, primary school, secondary
school, education centre, informal outdoor recreation, hospital or a corrective institution.
– To be acquired for a hospital, an education centre or a corrective institution.
Not operate machinery to collect, consolidate, store, sort or recover materials between 5pm
and 8am the following day.
Not have more than 4 vehicle movements by the operator collecting or delivering materials to
the container deposit scheme centre between 5pm and 8am the following day.
52.13-5 Permit exemption for an automated collection point

26/09/2023
VC246 Any requirement in a zone or overlay, or a schedule to a zone or overlay, to obtain a permit to
construct a building or construct or carry out works does not apply to an automated collection
point if the requirements of clause 52.13-3 and clause 52.13-6 are met.
This exemption does not apply to a requirement in any of the following overlays if an application
for one or more automated collection points has a combined gross 昀氀oor area of 2 square metres
or more, and a building height of 2.5 metres or more:
Page 728 of 1195

Other than for a maximum of two automated collection points that are no greater than 2 square
metres in total area and less than 2.5 metres in height, this exemption does not apply to a requirement
in a:
Bush昀椀re Management Overlay if the automated collection point is located less than 10 meters
from a building used for accommodation, education centre, hospital, leisure and recreation, or
place of assembly.
Environmental Signi昀椀cance Overlay.
Floodway Overlay.
Heritage Overlay.
Land Subject to Inundation Overlay.
Public Acquisition Overlay.
Signi昀椀cant Landscape Overlay.
Special Building Overlay.
52.13-6 Permit exemption requirement for an automated collection point

26/09/2023
VC246 For the purposes of clause 52.13-5, an automated collection point with a gross 昀氀oor area less than
2 square metres, and a building height less than 2.5 metres must:
Be set back at least 30 metres from land (not a road) not in the same ownership in a residential
zone (other than a Mixed Use Zone or Township Zone) or a Rural Living Zone.
Be set back at least 30 metres from a dwelling in a Township Zone.
Not be located on vacant land in a residential or rural zone.
Not be located in an area set aside for vehicle access or occupy a car parking space.
Be of muted, non-re昀氀ective external colours and 昀椀nishes.
For the purposes of clause 52.13-5, an automated collection point with a gross 昀氀oor area of 2
square metres or more, and a building height of 2.5 metres or more must:
Occupy no more than:
– 4 existing car parking spaces on the land; or,
– 5 existing car parking spaces on the land if the land contains 50 or more car parking spaces.
Be set back at least 4 metres from the frontage.

Be set back at least 30 metres from land (not a road) not in the same ownership in a residential
zone, Rural Living Zone or Urban Growth Zone.
Not be located on vacant land in a residential or rural zone.
Be of muted, non-re昀氀ective external colours and 昀椀nishes.
52.13-7 Exemption from car parking requirements for an automated collection point
26/09/2023
VC246 An automated collection point is exempt from the requirements of clause 52.06.
52.13-8 Exemption from permit conditions for an automated collection point

26/09/2023
VC246 Any requirement of a permit, or any permit condition, that requires the provision of car parking,
or requires land to be set aside for vehicle access or car parking, does not apply to the use or
development of land for an automated collection point if the requirements of clause 52.13-3 are
met.
Page 729 of 1195


26/09/2023
VC246 An application must be accompanied by the following information as appropriate:
A site context plan that speci昀椀es the location and nature of land use within 100 metres of site
boundaries.
A site and layout plan that includes:
– Design for safe pedestrian and vehicle movements.
– Any additional lighting to be included and any proposed baf昀氀ing.
– Any existing automated collection points on the site.
An operational plan that includes:

– Operating days and hours.
– Noise, emissions and amenity attenuation measures. This may include a report on how noise
and amenity impacts from the use will be reduced.
– Safety and access details including how the use will be serviced, emptied and how materials
will be moved to and from the site.
– Details and methods of managing the collection, consolidation, storage sorting and recovery
of materials within a building to reduce noise and amenity impacts on surrounding land.
– Details of traf昀椀c and car parking requirements generated by the use.

26/09/2023
VC246 Before deciding on an application, in addition to the decision guidelines in clause 65, the responsible
The effect on existing car parking provision if an automated collection point is located on
existing car parking spaces.
The setback of the development from a frontage and from land (not a road) not in the same
ownership in a residential zone, Rural Living Zone or Urban Growth Zone.
The effect of siting an automated collection point on vacant land in a residential or rural zone.
The effect of external colours and 昀椀nishes.
The size, density and number of automated collection points including the cumulative impact
of automated collection points on the land.
Whether a proposed operational plan reduces noise and other impacts on nearby land uses.
Safe pedestrian and vehicle movements on the land.
The effect of noise, emissions, traf昀椀c movements and other amenity impacts on adjoining land
uses.
In a zone other than an industrial zone, Commercial 2 Zone or Port Zone the effect of noise,
emissions, traf昀椀c movements and other amenity impacts of a container deposit scheme centre
on adjacent and nearby sensitive land uses.

26/09/2023
VC246 An application to use or develop land for an automated collection point including the construction
of or putting up for display a sign in conjunction with an automated collection point is exempt
64(1), (2) and (3) and the review rights of section 82(1) of the Act.
Page 730 of 1195

An application to use or develop a container deposit scheme centre, including the construction of
or putting up for display a sign in conjunction with a container deposit scheme centre is exempt
from:
In an industrial zone, Commercial 2 Zone and Port Zone, the notice requirements of section
52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review
In any other zone, the decision requirements of section 64(1), (2) and (3) and the review rights
of section 82(1) of the Act.

26/09/2023
VC246 The requirements of this clause introduced by Amendment VC246 do not apply to:
An application for an automated collection point or container deposit scheme centre lodged
An application for an amendment of a permit for an automated collection point or container
deposit scheme centre under section 72 of the Act if the original permit application was lodged
Page 731 of 1195

52.14 2009 BUSHFIRE - REPLACEMENT BUILDINGS

31/07/2018
VC148
Purpose
To support the rebuilding of dwellings, dependent persons’ units and buildings used for agriculture
damaged or destroyed by the 2009 Victorian bush昀椀res.
52.14-1 Scope
14/12/2020
VC188 This clause applies to:
The construction of a building or the construction and carrying out of works, associated with
rebuilding:
– a dwelling or dependent person’s unit; or
– a building used for agriculture,
that was damaged or destroyed by a bush昀椀re that occurred between 1 January 2009 and 31
March 2009.
The use of land for:
– a dwelling or dependent person’s unit that is rebuilt in accordance with this clause; or
– agriculture to the extent that the use relates to a building that was destroyed by a bush昀椀re
that occurred between 1 January 2009 and 31 March 2009 and that use cannot continue
unless that building is rebuilt.
The removal, destruction or lopping of vegetation to enable the construction, use and
maintenance of a building rebuilt in accordance with this Clause.
This clause does not apply to land in a Heritage Overlay.
For the avoidance of doubt, any planning permit exemption provided by the scheme continues to
apply to the use and development speci昀椀ed in this Clause.

20/01/2022
VC205 Any requirement of the scheme to obtain a permit or any provision in the scheme which prohibits
the use or development of land or requires the use or development of land to be carried out in a
particular manner does not apply to the use and development speci昀椀ed in Clause 52.14-1 provided
the following requirements are met:
Site plan
Before the commencement of construction of a building or the construction or carrying out of
works, a site plan must be provided to and approved by the responsible authority. The site plan
must show:
The boundaries of the property.
The location of any damaged or destroyed dwelling, dependent person’s unit or building used
for agriculture.
The proposed location of the replacement dwelling, dependent person’s unit or building used
for agriculture.
The existing and proposed access to the lot.
Page 732 of 1195

Vegetation to be removed destroyed or lopped to enable rebuilding including construction of

vehicle access, water storage and waste water treatment.
For replacement dwellings and dependent persons’ units on land in a Farming Zone, Rural
Conservation Zone, Rural Activity Zone, Green Wedge Zone, Green Wedge A Zone or the
Rural Living Zone:
– The location and dimensions of vehicle access.
– The location and storage of water for potable and 昀椀re 昀椀ghting purposes if the dwelling or
dependent person’s unit cannot be connected to a reticulated potable water supply.
– The location of the waste water treatment system if waste water is to be retained and treated
on site.
The site plan must be submitted to the responsible authority by 30 September 2017.
Commencement of development
The development must commence within two years after the approval of a site plan by the
responsible authority and must be completed within two years after the development commences.
The responsible authority may allow an extension of time on the request of the owner or the
occupier of the land to which the approved site plan applies, provided that request is made
before the expiry of the applicable period or within three months of the expiry of the applicable
period.
Compliance with site plan

The development must comply with the approved site plan.
Use and development conditions

The land must not be used for more than the number of dwellings or dependent persons’ units
that were damaged or destroyed.
The removal, destruction or lopping of vegetation to enable the maintenance of a building must
not exceed 10 metres beyond the building.
For land in the Farming Zone, Rural Conservation Zone, Rural Activity Zone, Green Wedge
Zone, Green Wedge A Zone or the Rural Living Zone:
– Access to the dwelling or dependent person’s unit must be provided via an all weather road
with dimensions adequate to accommodate emergency vehicles.
– The dwelling or dependent person’s unit must be connected to a reticulated sewerage system
or if not available, the waste water must be managed to the satisfaction of the responsible
authority.
– The dwelling or dependent person’s unit must be connected to a reticulated potable water
supply or have an alternative potable water supply with adequate storage for domestic use
as well as for 昀椀re 昀椀ghting purposes.
– The dwelling or dependent person’s unit must be connected to a reticulated electricity supply
or have an alternative energy source.
A building must be constructed of materials that are non-re昀氀ective and of muted tones in the
following locations:
– Land in an Environmental Signi昀椀cance Overlay, Design and Development Overlay or
Signi昀椀cant Landscape Overlay.
– Land in a Green Wedge Zone, Green Wedge A Zone or Rural Conservation Zone in the
municipal districts of the Shire of Yarra Ranges and the Shire of Nillumbik.
Page 733 of 1195

For land in a Restructure Overlay, a building must be consistent with any Restructure Plan.
For land adjacent to a Transport Zone 2 or Land in a Public Acquisition Overlay if the Head,
Transport for Victoria is the acquiring authority and the purpose of the acquisition is for a road,
access must not be created or altered.
52.14-3 Land in an Erosion Management Overlay

31/07/2018
VC148 For land in an Erosion Management Overlay in the municipal district of the Shire of Yarra Ranges,
in addition to the requirements speci昀椀ed in Clause 52.14-2, the written authorisation of the
responsible authority must be obtained prior to:
Constructing a building or constructing and carrying out works; or
Removing, destroying or lopping vegetation.
52.14-4 Land in a Floodway Overlay, Land Subject to Inundation Overlay or Special Building
31/07/2018
VC148
Overlay
For land in a Floodway Overlay, Land Subject to Inundation Overlay or Special Building Overlay,
in addition to the requirements speci昀椀ed in Clause 52.14-2, the written authorisation of the relevant
昀氀ood plain management authority must be obtained prior to the commencement of construction
of a building or the construction or carrying out of works.

31/07/2018
VC148 Before deciding on approval of the site plan, in addition to the decision guidelines in Clause 65
and any other requirements of the Act, the responsible authority must consider, as appropriate:
The extent to which the siting of the building and associated development can reasonably
achieve compliance with other relevant requirements of this scheme.
The extent to which the replacement dwelling or dependent person’s unit can be located on the
land to assist the minimisation of risk to life and property from bush昀椀re.
Page 734 of 1195

52.15 HELIPORT AND HELICOPTER LANDING SITE

29/10/2015
VC101
Purpose
To ensure the amenity impacts of a heliport and a helicopter landing site on surrounding areas is
considered.

20/03/2023
VC229 A permit is required to use or develop any land for a heliport or a helicopter landing site even if
it is ancillary to another use on the land, unless the table to this Clause speci昀椀cally states that a
permit is not required.
Table of exemptions for use
No permit is required to use land for a helicopter landing site if any of the following apply:
Emergency The helicopter landing site is used by a helicopter engaged in the provision of
services emergency service operations.
Agriculture The helicopter landing site is used by a helicopter engaged in agricultural activity
in conjunction with the use of any land for agriculture.
Public land The helicopter landing site is used by a helicopter engaged in the provision of public
management land management activities conducted by or on behalf of any of the following:
Department of Energy, Environment and Climate Action;
The Department of Transport and Planning;
Parks Victoria; or
The Great Ocean Road Coast and Parks Authority,
whether on private land or not.
General The helicopter landing site where either:

The landing point is located more than 500 metres from a building used for a
sensitive use (accommodation, child care centre, education centre and hospital)
that is not associated with the helicopter operation and more than 200 metres
from a shipping channel in the Port of Melbourne, provided:
– The number of flight movements does not exceed eight in a 30 day period
and four in a 24 hour period (for the purposes of this provision the take off
and landing of a helicopter are separate flight movements).
– Flight movements do not take place before 7am or after sunset on a weekday.
– Flight movements do not take place before 8am or after sunset on a weekend
or holiday; or
The landing point is located more than 1000 metres from a building used for a
sensitive use that is not associated with the helicopter operation and more than
200 metres from a shipping channel in the Port of Melbourne.

18/12/2012
VC93 An application to use or develop land for a heliport or a helicopter landing site must be accompanied
by the following information, as appropriate:
A site plan, including:
– Site boundaries and dimensions.
– The current land use.
– The existing siting and layout of buildings and works.
– The proposed siting and layout of buildings and works.
– Existing vegetation and proposed vegetation removal.
Page 735 of 1195

– Vehicle and pedestrian access.
An application to use land for a heliport or a helicopter landing site must be accompanied by the
following information:
A location plan, including:
– The siting and use of buildings on adjacent properties.
– The direction and distance to any building used for a sensitive use (accommodation, child
care centre, education centre and hospital) that is not associated with the helicopter operation
and is located within 500 metres of the proposed heliport or helicopter landing site.
A written report which:

– Demonstrates a suitable separation distance between the landing point of a heliport or
helicopter landing site and any building used for a sensitive use that is not associated with
the helicopter operation by either:
– Locating the proposed heliport or helicopter landing site at least 150 metres for helicopters
of less than 2 tonnes all-up weight, or 250 metres for helicopters of less than 15 tonnes all-up
weight, or
– Providing an acoustic report by a suitably quali昀椀ed consultant.
– Includes details of the proposed frequency of 昀氀ight movements.
– Includes the proposed hours of operation.

18/12/2012
VC93 Before deciding on an application to use land for a heliport or a helicopter landing site, in addition
to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
Whether the proposal achieves a suitable separation distance from a nearby sensitive use, having
regard to the Noise Control Guidelines (Environment Protection Authority, 2008).
The effect of the proposal on nearby sensitive uses in terms of the proposed frequency of 昀氀ight
movements and hours of operation.
Page 736 of 1195

52.16 NATIVE VEGETATION PRECINCT PLAN

14/07/2022
VC213
Purpose
To provide for the protection, management and removal of native vegetation through the use of a
native vegetation precinct plan incorporated into this scheme.
of native vegetation. This is achieved by applying the following three step approach in accordance
with the Guidelines for the removal, destruction or lopping of native vegetation (Department of
Environment, Land, Water and Planning, 2017) (the Guidelines):
1. Avoid the removal, destruction or lopping of native vegetation.
2. Minimise impacts from the removal, destruction or lopping of native vegetation that cannot be
avoided.
3. Provide an offset to compensate for the biodiversity impact if a permit is granted to remove,
destroy or lop native vegetation.
To manage the removal, destruction or lopping of native vegetation to minimise land and water
degradation.
52.16-1 Application
12/12/2017
VC138 This clause applies to land if a native vegetation precinct plan corresponding to that land is
incorporated into this scheme and listed in the schedule to this clause.
52.16-2 Native vegetation precinct plans

14/07/2022
VC213 A native vegetation precinct plan is a plan relating to native vegetation within a de昀椀ned area which
is incorporated into this scheme and listed in the schedule to this clause.
A native vegetation precinct plan may form part of a more general strategic or precinct structure
plan.
A native vegetation precinct plan must include the information and provide for the matters set out
in section 10.1 of the Guidelines.

12/12/2017
VC138 A permit is required to remove, destroy or lop any native vegetation, including dead native
vegetation. This does not apply:
If the removal, destruction or lopping of native vegetation is in accordance with a native
vegetation precinct plan incorporated into this scheme. Any conditions or requirements speci昀椀ed
in the plan must be met.
To the removal, destruction or lopping of native vegetation speci昀椀ed in the table to Clause
52.16-8, unless a native vegetation precinct plan speci昀椀es otherwise.

14/07/2022
VC213 An application to remove, destroy or lop native vegetation must comply with the application
requirements speci昀椀ed in the Guidelines.

14/07/2022
VC213 Before deciding on an application, in addition to the decision guidelines at Clause 65, the responsible
authority must consider the decision guidelines speci昀椀ed in the Guidelines as appropriate.
Page 737 of 1195

52.16-6 Offset requirements

14/07/2022
VC213 If a permit is required to remove, destroy or lop native vegetation, the biodiversity impacts from
the removal, destruction or lopping of native vegetation must be offset in accordance with the
Guidelines. The conditions on the permit for the removal, destruction or lopping of native vegetation
must specify the offset requirement and timing to secure the offset.

20/03/2023
VC229 The requirements of this clause in force immediately before the commencement of Amendment
VC138 continue to apply to an application for:
A permit lodged before that date.
An amendment to a permit if:
– the original permit application was lodged before that date; or
– the original permit application was one that bene昀椀ted from the following transitional
provision.
A permit lodged within 12 months after that date, if the Secretary to the Department of
Environment, Land Water and Planning (as constituted under Part 2 of the Conservation, Forests
and Lands Act 1987) has stated in writing that a report about the proposed removal, destruction
or lopping of native vegetation has been generated by the Department's native vegetation
information systems within 12 months before that date.

30/04/2021
VC185
Conservation Native vegetation that is to be removed, destroyed or lopped to the minimum extent
work necessary to enable the carrying out of conservation work:
which provides an overall improvement for biodiversity; and
with written agreement of the Secretary to the Department of Environment, Land,
Water and Planning (as constituted under Part 2 of the Conservation, Forests and
Lands Act 1987).
Crown land Native vegetation that is to be removed, destroyed or lopped to the minimum extent
necessary to manage Crown land:
by or on behalf of the Secretary to the Department of Environment, Land, Water
and Planning (as constituted under Part 2 of the Conservation, Forests and Lands
Act 1987), the Great Ocean Road Coast and Parks Authority or Parks Victoria, and
in accordance with the Procedure for the removal, destruction or lopping of native
vegetation on Crown land; or
with written permission from the Secretary to the Department of Environment, Land,
Lands Act 1987).
Emergency Native vegetation that is to be removed, destroyed or lopped:

works
in an emergency by or on behalf of a public authority or municipal council to create
an emergency access associated with emergency works; or
Extractive Native vegetation that is to be removed, destroyed or lopped to the minimum extent
industry necessary to enable the carrying out of extractive industry in accordance with a work
plan approved under the Mineral Resources (Sustainable Development) Act 1990 and
authorised by a work authority under that Act.
Fire protection Native vegetation that is to be removed, destroyed or lopped to the minimum extent
necessary to enable the carrying out any of the following fire protection activities:
Page 738 of 1195

fire fighting;
planned burning;
– section 65 of the Forests Act 1958; or
– section 41 of the Country Fire Authority Act 1958.
keeping native vegetation clear of, or minimising the risk of bushfire ignition from,
an electric line in accordance with a code of practice prepared under Part 8 of the
managed by the relevant responsible road authority, and carried out by or on behalf
of that authority, in accordance with written agreement of the Secretary to the
Department of Environment, Land, Water and Planning (as constituted under Part
2 of the Conservation, Forest and Lands Act 1987). In this exemption, roadside,
public road and responsible road authority have the same meanings as in section
3 of the Road Management Act 2004.
Note: Additional permit exemptions for bushfire protection are provided at Clause 52.12.
Geothermal Native vegetation that is to be removed, destroyed or lopped to the minimum extent
energy necessary in accordance with an operation plan approved under the Geothermal Energy
extraction
Greenhouse gas Native vegetation that is to be removed, destroyed or lopped to the minimum extent
sequestration necessary in accordance with an operation plan approved under the Greenhouse Gas
and exploration Geological Sequestration Act 2008.
Land Native vegetation that is to be removed, destroyed or lopped to the minimum extent
management or necessary to comply with a land management notice or directions notice served under
directions notice the Catchment and Land Protection Act 1994.
Land use Native vegetation that is to be removed, destroyed or lopped to the minimum extent
conditions necessary to comply with a land use condition served under the Catchment and Land
Mineral Native vegetation that is to be removed, destroyed or lopped to the minimum extent
exploration and necessary by the holder of an exploration mining, prospecting, or retention license
mining issued under the Mineral Resources (Sustainable Development) Act 1990:
impact exploration.
Pest animal Native vegetation that is to be removed, destroyed or lopped to the minimum extent
burrows necessary to enable the removal of pest animal burrows in accordance with the written
agreement of an officer of the department responsible for administering the Flora and
Fauna Guarantee Act 1988.
Planted Native vegetation that is to be removed, destroyed or lopped that was either planted
vegetation or grown as a result of direct seeding for Crop raising or Grazing animal production.
This exemption does not apply to native vegetation planted or managed with public
funding for the purpose of land protection or enhancing biodiversity unless the removal,
destruction or lopping of the native vegetation is in accordance with written permission
of the agency (or its successor) that provided the funding.
Page 739 of 1195

Railways Native vegetation that is to be removed, destroyed or lopped to the minimum extent
necessary to maintain the safe and efficient function of an existing railway, or railway
access road, in accordance with written agreement of the Secretary to the Department
Regrowth Native vegetation that is to be removed, destroyed or lopped that has naturally
established or regenerated on land lawfully cleared of naturally established native
vegetation, and is:
plantation.
This exemption does not apply to land where native vegetation has been destroyed or
Road safety Native vegetation that is to be removed, destroyed or lopped to the minimum extent
necessary by or on behalf of a public authority or municipal council to maintain the
safe and efficient function of an existing road in accordance with the written agreement
Stone Native vegetation that is to be removed, destroyed or lopped to the minimum extent
exploration necessary to enable the carrying out of Stone exploration.
The maximum extent of native vegetation that may be removed, destroyed or lopped
under this exemption on contiguous land in the same ownership in a five year period
must not exceed any of the following:
1 hectare of native vegetation which does not include a tree.
15 native trees with trunk diameter of less than 40 centimetres at a height of 1.3
5 native trees with trunk diameter of 40 centimetres or more at a height of 1.3
Surveying Native vegetation that is to be removed, destroyed or lopped to the minimum extent
necessary by, or on behalf of, a licensed surveyor (within the meaning of section 3 of
the Surveying Act 2004) using hand-held tools to establish a sightline for the
measurement of land.
Traditional Native vegetation that is to be removed, destroyed or lopped by a person acting under,
owners and in accordance with:
a natural resource agreement under Part 6 of the Traditional Owner Settlement
Act 2010; or
commencement of section 24 of the Traditional Owner Settlement Amendment Act
in 2016 (1 May 2017).
Utility Native vegetation that is to be removed, destroyed or lopped to the minimum extent
installations necessary:
to maintain the safe and efficient function of a Minor utility installation; or
by or on behalf of a utility service provider to maintain or construct a utility installation
in accordance with the written agreement of the Secretary to the Department of
Environment, Land, Water and Planning (as constituted under Part 2 of the
52.16-9 Melbourne Strategic Assessment Levy Area

14/07/2022
VC213 The following provisions apply to the removal, destruction or lopping of native vegetation in the
levy area within the meaning of the Melbourne Strategic Assessment (Environment Mitigation
Levy) Act 2020.
Page 740 of 1195

Despite clauses 52.16-4, 52.16-5, 52.16-6 and anything in the Guidelines:

An application to remove, destroy or lop native vegetation is not required to be accompanied
by an offset statement providing evidence that an offset that meets the offset requirements for
the native vegetation to be removed has been identi昀椀ed and can be secured in accordance with
the Guidelines.
Before deciding on an application, a responsible authority is not required to consider whether
an offset that meets the offset requirements for the native vegetation to be removed has been
identi昀椀ed and can be secured in accordance with the Guidelines.
The biodiversity impacts of the removal, destruction or lopping of native vegetation are not
required to be offset in accordance with the Guidelines.
Page 741 of 1195

21/07/2022
C222whse
SCHEDULE TO CLAUSE 52.16 NATIVE VEGETATION PRECINCT PLAN
1.0 Native vegetation precinct plan

15/09/2008
VC49
Name of plan
None specified
Page 742 of 1195

52.17 NATIVE VEGETATION

14/07/2022
VC213
Purpose
of native vegetation. This is achieved by applying the following three step approach in accordance
with the Guidelines for the removal, destruction or lopping of native vegetation (Department of
Environment, Land, Water and Planning, 2017) (the Guidelines):
1. Avoid the removal, destruction or lopping of native vegetation.
2. Minimise impacts from the removal, destruction or lopping of native vegetation that cannot be
avoided.
3. Provide an offset to compensate for the biodiversity impact if a permit is granted to remove,
destroy or lop native vegetation.
To manage the removal, destruction or lopping of native vegetation to minimise land and water
degradation.

12/12/2017
VC138 A permit is required to remove, destroy or lop native vegetation, including dead native vegetation.
If the table to Clause 52.17-7 speci昀椀cally states that a permit is not required.
If a native vegetation precinct plan corresponding to the land is incorporated into this scheme
and listed in the schedule to Clause 52.16.
To the removal, destruction or lopping of native vegetation speci昀椀ed in the schedule to this
clause.

14/07/2022
VC213 An application to remove, destroy or lop native vegetation must comply with the application
requirements speci昀椀ed in the Guidelines.
52.17-3 Property vegetation plans

12/12/2017
VC138 A permit granted to remove, destroy or lop native vegetation in accordance with a property
vegetation plan must include the following condition:
“This permit will expire if one of the following circumstances applies:
The removal, destruction or lopping of native vegetation does not start within two years of the
date of this permit.
The removal, destruction or lopping of native vegetation is not completed within ten years of
the date of this permit.”

12/12/2017
authority must consider the decision guidelines speci昀椀ed in the Guidelines as appropriate.
52.17-5 Offset requirements

14/07/2022
VC213 If a permit is required to remove, destroy or lop native vegetation, the biodiversity impacts from
the removal, destruction or lopping of native vegetation must be offset, in accordance with the
Guidelines. The conditions on the permit for the removal, destruction or lopping of native vegetation
must specify the offset requirement and the timing to secure the offset.
Page 743 of 1195


20/03/2023
VC229 The requirements of this clause in force immediately before the commencement of Amendment
VC138 continue to apply to an application for:
A permit lodged before that date.
An amendment to a permit if:
– the original permit application was lodged before that date; or
– the original permit application was one that bene昀椀ted from the following transitional
provision.
A permit lodged within 12 months after that date, if the Secretary to the Department of
Environment, Land, Water and Planning (as constituted under Part 2 of the Conservation,
Forests and Lands Act 1987) has stated in writing that a report about the proposed removal,
destruction or lopping of native vegetation has been generated by the Department's native
vegetation information systems within 12 months before that date.

20/03/2023
VC229
Conservation Native vegetation that is to be removed, destroyed or lopped to the minimum extent
work necessary to enable the carrying out of conservation work:
which provides an overall improvement for biodiversity; and
with written agreement of the Secretary to the Department of Environment, Land,

Lands Act 1987).
Crown land Native vegetation that is to be removed, destroyed or lopped to the minimum extent
necessary to manage Crown land:
by or on behalf of the Secretary to the Department of Environment, Land, Water

and Planning (as constituted under Part 2 of the Conservation, Forests and Lands
Act 1987), the Great Ocean Road Coast and Parks Authority or Parks Victoria,
and in accordance with the Procedure for the removal, destruction or lopping of
native vegetation on Crown land; or
with written permission from the Secretary to the Department of Environment,

Land, Water and Planning (as constituted under Part 2 of the Conservation, Forests
and Lands Act 1987).
Dead native Native vegetation that is dead.

vegetation
This exemption does not apply to a standing dead tree with a trunk diameter of 40
centimetres or more at a height of 1.3 metres above ground level.
Emergency Native vegetation that is to be removed, destroyed, or lopped:

works
create an emergency access associated with emergency works; or

Page 744 of 1195

Existing Native vegetation that is to be removed, destroyed, or lopped to the minimum extent
buildings necessary to enable the use or maintenance of a building constructed in accordance
with a planning or building permit issued before 15 September 2008.
the operation or maintenance of a fence; or
native vegetation located more than 10 metres measured from the outermost point
of the building.
Existing Native vegetation that is to be removed, destroyed, or lopped to the minimum extent
buildings and necessary to enable the use or maintenance of an existing building or works used for
works in the Agricultural production, including a dam, utility service, bore, horticultural trellising and
Farming Zone accessway in the Farming Zone or the Rural Activity Zone.
and Rural Activity
Zone
the use or maintenance of a Dwelling; or
the operation or maintenance of a fence; or
native vegetation located more than 10 metres measured from the outermost point
of the building or works.
Extractive Native vegetation that is to be removed, destroyed or lopped to the minimum extent
industry necessary to enable the carrying out of extractive industry in accordance with a work
plan approved under the Mineral Resources (Sustainable Development) Act 1990 and
authorised by a work authority under that Act.
Fences Native vegetation that is to be removed, destroyed, or lopped to the minimum extent
necessary to enable:
the operation or maintenance of an existing fence; or
the construction of a boundary fence between properties in different ownership.

The clearing along both sides of the fence when combined must not exceed 4 metres
in width, except where land has already been cleared 4 metres or more along one
side of the fence, then up to 1 metre can be cleared along the other side of the fence.
Fire protection Native vegetation that is to be removed, destroyed or lopped to the minimum extent
necessary to carry out any of the following fire protection activities:
fire fighting;
planned burning;
making or maintenance of a fuelbreak or firefighting access track (or any


Page 745 of 1195

keeping native vegetation clear of, or minimising the risk of bushfire ignition from,
an electric line in accordance with a code of practice prepared under Part 8 of the
managed by the relevant responsible road authority, and carried out by or on behalf
of that authority, in accordance with the written agreement of the Secretary to the
2 of the Conservation, Forests and Lands Act 1987). In this exemption, roadside,
public road and responsible road authority have the same meanings as in section
3 of the Road Management Act 2004.
52.12.
Geothermal Native vegetation that is to be removed, destroyed or lopped to the minimum extent
energy necessary in accordance with an operation plan approved under the Geothermal
exploration and Energy Resources Act 2005.
extraction
Grasses Native grass that is to be mowed or slashed for maintenance only, provided that the
grass is:
located within a lawn, garden or other landscaped area; or
maintained at a height of at least 10 centimetres above ground level.
Grazing Native vegetation that is to be removed, destroyed or lopped by domestic stock grazing
on:
freehold land; or
Crown land in accordance with a license, permit or lease granted under applicable
legislation.
Greenhouse gas Native vegetation that is to be removed, destroyed or lopped to the minimum extent
sequestration necessary in accordance with an operation plan approved under the Greenhouse Gas
and exploration Geological Sequestration Act 2008.
Harvesting for Naturally established native vegetation that is to be removed, destroyed or lopped to
timber enable timber harvesting operations and associated activities that are in accordance
production – with the Code of Practice for Timber Production 2014 (as amended 2022) (Department
naturally of Environment, Land, Water and Planning, 2022) and are:
established
undertaken on public land under a licence or permit issued under section 52 of
native vegetation
the Forests Act 1958; or
authorised in accordance with Part 5 of the Sustainable Forests (Timber) Act 2004.
Land Native vegetation that is to be removed, destroyed or lopped to the minimum extent
management or necessary to comply with a land management notice or directions notice served under
directions notice the Catchment and Land Protection Act 1994.
Land use Native vegetation that is to be removed, destroyed or lopped to the minimum extent
conditions necessary to comply with a land use condition served under the Catchment and Land
Page 746 of 1195

Lopping and Lopping or pruning native vegetation, for maintenance only, provided no more than
pruning for 1/3 of the foliage of each individual plant is lopped or pruned.
maintenance
the pruning or lopping of the trunk of a native tree; or
native vegetation on a roadside or railway reservation.
Mineral Native vegetation that is to be removed, destroyed or lopped to the minimum extent
exploration and necessary by the holder of an exploration, mining, prospecting, or retention license
extraction issued under the Mineral Resources (Sustainable Development) Act 1990:
impact exploration.
New buildings Native vegetation that is to be removed, destroyed or lopped to the minimum extent
and works in the necessary to enable the construction of a building or works used for Agricultural
Farming Zone production, including a dam, utility service, bore and accessway, in the Farming Zone
and Rural Activity or the Rural Activity Zone.
Zone
15 native trees with a trunk diameter of less than 40 centimetres at a height of 1.3
5 native trees with a trunk diameter of 40 centimetres or more at a height of 1.3

This exemption does not apply to the construction or operation of a pivot irrigation
system or horticultural trellising.
New dwellings in Native vegetation that is to be removed, destroyed or lopped to the minimum extent
the Farming Zone necessary to enable the construction of a dwelling in the Farming Zone or Rural Activity
and Rural Activity Zone.
Zone
The maximum extent of native vegetation removed, destroyed or lopped under this
exemption on contiguous land in the same ownership in a five year period must not
exceed any of the following:
300 square metres of native vegetation which does not include a tree.
1 native tree with a trunk diameter of 40 centimetres or more at a height of 1.3

This exemption does not apply native vegetation removed, destroyed or lopped to
enable the construction of a swimming pool, tennis court or horse ménage.
Page 747 of 1195

Personal use Native vegetation that is to be removed, destroyed or lopped to the minimum extent
necessary to obtain reasonable amounts of wood for personal use by the owner or
lawful occupier of the land.
For the purpose of this exemption personal use means uses such as heating and
cooking, building and fence construction on land, and hobbies such as arts and craft.
contiguous land in one ownership that has an area of less than 10 hectares;
the removal, destruction or lopping of native vegetation by means other than cutting
or chopping; or
a standing native tree (including a dead tree) with a trunk diameter of 40 centimetres
or more at a height of 1.3 metres above ground level.
Pest animal Native vegetation that is to be removed, destroyed or lopped to the minimum extent
burrows necessary to enable the removal of pest animal burrows in the Farming Zone or the
Rural Activity Zone:
in accordance with written agreement of an officer of the department responsible

for administering the Flora and Fauna Guarantee Act 1988; or
provided the maximum extent of native vegetation removed, destroyed or lopped

on contiguous land in the same ownership in a five year period does not exceed
any of the following:
– 1 hectare of native vegetation which does not include a tree; or
– 15 native trees with a trunk diameter of less than 20 centimetres at a height of

1.3 metres above ground level.
Planted Native vegetation that is to be removed, destroyed or lopped that was either planted
vegetation or grown as a result of direct seeding.
This exemption does not apply to native vegetation planted or managed with public
funding for the purpose of land protection or enhancing biodiversity unless the removal,
destruction or lopping of the native vegetation is in accordance with written permission
of the agency (or its successor) that provided the funding.
Railways Native vegetation that is to be removed, destroyed or lopped to the minimum extent
necessary to maintain the safe and efficient function of an existing railway, or railway
access road, in accordance with the written agreement of the Secretary to the
Department of Environment, Land, Water and Planning (as constituted under Part 2
of the Conservation, Forests and Lands Act 1987).
Regrowth Native vegetation that is to be removed, destroyed or lopped that has naturally
established or regenerated on land lawfully cleared of naturally established native
vegetation, and is:
less than 10 years old; or
Page 748 of 1195


plantation; or
less than ten years old at the time of a property vegetation plan being signed by
the Secretary to the Department of Environment, Land, Water and Planning (as
constituted under Part 2 of the Conservation, Forests and Lands Act 1987), and
is:
– shown on that plan as being ‘certified regrowth’; and
– on land that is to be used or maintained for cultivation or pasture during the

term of that plan.
This exemption does not apply to land where native vegetation has been destroyed
or otherwise damaged as a result of flood, fire or other natural disaster.
Road safety Native vegetation that is to be removed, destroyed or lopped to the minimum extent
necessary by and on behalf of a public authority or municipal council to maintain the
safe and efficient function of an existing road in accordance with the written agreement
Site area Native vegetation that is to be removed, destroyed or lopped on land, together with
all contiguous land in one ownership, which has an area of less than 0.4 hectares.
This exemption does not apply to native vegetation on a roadside or rail reservation.
Stock Native vegetation that is to be removed, or destroyed by stock being moved along a
movements on road.
roads
This exemption does not apply to grazing as a result of holding stock in a temporary
fence (including an electric fence) on a roadside for the purpose of feeding.
Stone exploration Native vegetation that is to be removed, destroyed or lopped to the minimum extent
necessary to enable the carrying out of Stone exploration.
5 native trees with a trunk diameter of 40 centimetres or more at a height of 1.3

Surveying Native vegetation that is to be removed, destroyed or lopped to the minimum extent
necessary by, or on behalf of, a licenced surveyor (within the meaning of section 3 of
the Surveying Act 2004) using hand-held tools to establish a sightline for the
measurement of land.
Traditional Native vegetation that is to be removed, destroyed or lopped by a person acting under,
owners and in accordance with:
Page 749 of 1195

a natural resource agreement under Part 6 of the Traditional Owner Settlement

Act 2010; or

commencement of section 24 of the Traditional Owner Settlement Amendment
Act in 2016 (1 May 2017).
Tram stops Native vegetation that is to be removed, destroyed or lopped to the minimum extent
necessary by or on behalf of the Head, Transport for Victoria to construct a tram stop,
including a tram stop shelter.
Transport land Native vegetation that is to be removed, destroyed or lopped to the minimum extent
necessary by or on behalf of the Head, Transport for Victoria on land in a Transport
Zone, or land in a Public Acquisition Overlay if the Head, Transport for Victoria is the
acquiring authority, to construct or maintain transport system infrastructure, in
accordance with the written agreement of the Secretary to the Department of
Environment, Land, Water and Planning (as constituted under Part 2 of
the Conservation, Forests and Lands Act 1987).
Utility Native vegetation that is to be removed, destroyed or lopped to the minimum extent
installations necessary:
to maintain the safe and efficient function a Minor utility installation; or
by or on behalf of a utility service provider to maintain or construct a utility

installation in accordance with the written agreement of the Secretary to the
2 of the Conservation, Forests and Lands Act 1987).
Vehicle access Native vegetation that is to be removed, destroyed, or lopped to the minimum extent
from public roads necessary to enable the construction or maintenance of a vehicle access across a
road reserve from a property boundary to a public road.
This exemption only applies to properties which share a common boundary with the
road reserve, and the total width of clearing must not exceed 6 metres.
This exemption does not apply where there is a practical opportunity to site the
accessway to avoid the removal, destruction or lopping of native vegetation.
In this exemption, roadside and public road have the same meanings as in section 3
of the Road Management Act 2004.
Note: Under the Road Management Act 2004 the written consent of the coordinating
road authority is required to conduct any works, including removing a tree or other
vegetation, in, on, under or over a road.
Weeds Native vegetation that is to be removed, destroyed or lopped to the minimum extent
necessary to enable the removal or destruction of a weed listed in the schedule to
Clause 52.17.
Page 750 of 1195

52.17-8 Melbourne Strategic Assessment Levy Area

14/07/2022
VC213 The following provisions apply to the removal, destruction or lopping of native vegetation in the
levy area within the meaning of the Melbourne Strategic Assessment (Environment Mitigation
Levy) Act 2020.
Despite clauses 52.17-2, 52.17-4, 52.17-5 and anything in the Guidelines:
An application to remove, destroy or lop native vegetation is not required to be accompanied
by an offset statement providing evidence that an offset that meets the offset requirements for
the native vegetation to be removed has been identi昀椀ed and can be secured in accordance with
the Guidelines.
Before deciding on an application, a responsible authority is not required to consider whether
an offset that meets the offset requirements for the native vegetation to be removed has been
identi昀椀ed and can be secured in accordance with the Guidelines.
The biodiversity impacts of the removal, destruction or lopping of native vegetation are not
required to be offset in accordance with the Guidelines.
Page 751 of 1195

21/07/2022
C222whse
SCHEDULE TO CLAUSE 52.17 NATIVE VEGETATION
1.0 Scheduled area

21/07/2022
C222whse
Area Description of native vegetation for which no
permit is required to remove, destroy or lop
None specified
2.0 Scheduled weed

21/07/2022
C222whse
Area Description of weed
None specified
Page 752 of 1195

52.18 CORONAVIRUS (COVID-19) PANDEMIC AND RECOVERY EXEMPTIONS

28/10/2022
VC224
Purpose
To support Victoria’s social and economic recovery from the coronavirus (COVID-19) pandemic
through exemptions that enable outdoor dining and facilitate the reopening and safe operation of
hospitality and other businesses.
52.18-1 Operation
06/10/2023
VC247 This clause contains exemptions from the requirements of this planning scheme and exemptions
from conditions of permits.
The exemptions in this clause prevail over any inconsistent provision in this planning scheme or
condition of a permit.
The exemptions in this clause do not apply to a requirement in the Heritage Overlay relating to
the construction or carrying out of works to an existing building, the alteration of an existing
building, or the painting of an existing building, other than a building constructed or placed under
an exemption in this clause.
A use or development carried out under an exemption in this clause must comply with the
requirements in clause 52.18-6.
In this clause:
drink includes liquor;
exemption period means the period when a pandemic declaration under the Public Health and
Wellbeing Act 2008 in relation to coronavirus (COVID-19) is in force and for 24 months after;
hospitality means:
– the preparation or sale of food or drink for immediate consumption on, or off, the land; or
– the consumption of food or drink;
public land means Crown land and land that is owned by, vested in or controlled by a Minister,
government department, public authority or municipal council.
52.18-2 Public land exemptions

28/10/2022
VC224 Any requirement in this planning scheme relating to the use of land does not apply to the use of
public land for an art and craft centre, education centre, hospitality, leisure and recreation, of昀椀ce,
place of assembly, market or shop during the exemption period if the requirements of clause
52.18-6 are met.
Any requirement in this planning scheme relating to the construction of a building or the
construction or carrying out of works on public land does not apply to a temporary building or
moveable building associated with the use of land for an art and craft centre, education centre,
hospitality, leisure and recreation, of昀椀ce, place of assembly, market or shop during the exemption
period if the requirements of clause 52.18-6 are met.
52.18-3 Food and drink business extension exemptions

28/10/2022
VC224 Any requirement in this planning scheme relating to the use of land does not apply to the use of
land for hospitality during the exemption period if the use is associated with the existing use of
adjoining land for a food and drink premises, function centre, nightclub or winery, and the
requirements of clause 52.18-6 are met.
Page 753 of 1195

Any requirement in this planning scheme relating to the construction of a building or the
construction or carrying out of works does not apply to a temporary building or moveable building
associated with the use of the land for hospitality during the exemption period if the requirements
of clause 52.18-6 are met.
52.18-4 Car parking exemption

28/10/2022
VC224 Any requirement of this planning scheme relating to the provision of car parking does not apply
to a use commenced under an exemption in this clause, or the existing use of land for a food and
drink premises, function centre, nightclub or winery, during the exemption period.
52.18-5 Permit condition exemptions

28/10/2022
VC224 The following exemptions apply to permits issued before the approval date of Amendment VC193
and which allow:
the use or development of land for a food and drink premises, function centre, nightclub or
winery; or
the use or development of land for the sale or consumption of liquor associated with the use of
the land for a food and drink premises, function centre, nightclub or winery.
Any requirement of a permit, including any condition, relating to the layout or location of the
preparation, sale or consumption of food or drink on the land does not apply during the exemption
period if the requirements of clause 52.18-6 are met. This exemption does not apply to a condition
relating to the maximum number of patrons, hours of operation (including any condition that
applies to a particular outdoor area), location or playing of music, or noise levels.
Any requirement of a permit, including any condition, relating to the layout or location of
development on the land does not apply to the construction or placing of a temporary building or
moveable building, or the construction or carrying out of works, under an exemption in this clause
if the requirements of clause 52.18-6 are met.
Any requirement of a permit, including any condition, that requires the provision of car parking,
or requires land to be set aside for vehicle access or car parking, does not apply to the alteration
of an existing use of land under an exemption in this clause during the exemption period if the
requirements of clause 52.18-6 are met.

15/03/2024
VC256 The following requirements apply to the use and development of land carried out under an
exemption in this clause.
The use of the land must not:
Continue after the exemption period unless in accordance with the requirements of this planning
scheme.
Unreasonably affect the amenity of the neighbourhood, including through:
– Transport of materials, goods or commodities to or from the land.
– Appearance of any building, works or materials.
– Emission of noise, arti昀椀cial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash,
Land in, or within 30 metres of, a residential zone must not be used for the outdoor consumption
of food or drink between the hours of 10.00pm and 7.00am. The responsible authority may vary
this requirement to extend the hours of the use.
The use or development of land must not impede access required by emergency services or for
waste collection.
Page 754 of 1195

The height of a building constructed or placed under an exemption in this clause must not exceed
3.6 metres.
A building must not be constructed or placed under an exemption in this clause within 1 metre of
adjacent land in a residential zone if the height of the building exceeds 1.8 metres.
The siting of a building in a Bush昀椀re Management Overlay or Erosion Management Overlay that
would require a permit under the overlay were it not for an exemption in this clause must be to
the satisfaction of the responsible authority.
The siting of a building in a Floodway Overlay, Land Subject to Inundation Overlay or Special
Building Overlay that would require a permit under the overlay were it not for an exemption in
this clause must be to the satisfaction of the relevant 昀氀oodplain management authority.
A building constructed or placed under an exemption in this clause must be removed from the land
before the end of the exemption period.
Page 755 of 1195

52.19 TELECOMMUNICATIONS FACILITY

04/11/2022
VC226
Purpose
To ensure that telecommunications infrastructure is provided in an ef昀椀cient and cost-effective
manner to meet community needs.
To facilitate an effective state-wide telecommunications network consistent with proper and orderly
planning.
To support the provision of telecommunications facilities with minimal impact on the amenity of
the area.

04/11/2022
VC226 A permit is required to construct a building or construct or carry out works for a telecommunications
facility. This does not apply to the construction of a building or the construction or carrying out
of works for any of the following:
A low-impact facility speci昀椀ed in the Telecommunications (Low-impact Facilities)
Determination 2018 (Cth).
The inspection and maintenance of a facility as de昀椀ned in the Telecommunications Act 1997
(Cth).
A facility authorised by a facility installation permit issued under the Telecommunications Act
1997 (Cth).
An activity authorised under clause 6(2) of Division 3 of Schedule 3 of the Telecommunications
Act 1997 (Cth).
An activity carried out by a body listed in sections 46 to 51 (inclusive) of the
Telecommunications Act 1997 (Cth) pursuant to legislation applying to that body.
A temporary defence facility.
A telecommunications facility equipment shelter.
A telecommunications line forming part of a telecommunications network connected to a
building, caravan or mobile home.
An optical 昀椀bre ground wire that replaces an electricity ground wire on a high-voltage
transmission tower that supports powerlines designed to operate at 222,000 volts or greater.
A telecommunications facility located underground if any ground disturbed in constructing or
installing the facility is reinstated.
A telecommunications dish with a diameter of 1.2 metres or less.
A telecommunications dish with a diameter of more than 1.2 metres and less than or equal to
2.4 metres if the following requirements are met:
If the dish is in a Heritage Overlay, it must not be visible from a street (other than a lane)
or public park.
If the dish is in a residential zone, it must:
Be set back from the side or rear boundary 1 metre, plus 0.3 metres for every metre of
height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9
metres.
Be set back at least 3 metres from a boundary opposite an existing habitable room
window.
Not be visible from the street (other than a lane) or a public park.
Page 756 of 1195

A telecommunications tower that replaces an existing light pole on public land if the following
requirements are met:
The public land manager must be a municipal council.
The tower must not be more than 8 metres higher than the light pole.
A telecommunications tower that replaces an existing telecommunications tower on the same

land if the following requirements are met:
The tower must not be in a residential zone, or a Signi昀椀cant Landscape Overlay, Heritage
Overlay or Neighbourhood Character Overlay.
The tower must not be more than 8 metres higher than the existing tower.
The tower must not be a lattice tower.
The tower must be located within 20 metres of the existing tower.
The existing tower must be removed within 60 days of the new tower commencing operation.
The extension of an existing telecommunications tower if the following requirements are met:
The tower must not be in a residential zone.
The height of the extension must not exceed 8 metres.
The tower must not have been previously extended without a permit.
The tower must have been constructed for 12 months before the extension.
A telecommunications facility on a building if the following requirements are met:

If the building is in a residential zone, the height of the facility must not be more than 1
metre higher than the building height of the building.
If the building is in a zone other than a residential zone, the height of the facility must not
be more than 8 metres higher than the building height of the building.
A telecommunications facility that provides service coverage during routine or emergency

maintenance of an existing facility, construction or installation of a new facility, or additional
service coverage for an event, if the following requirements are met:
The height of the facility must not exceed 25 metres above its base or the height of the
existing facility, whichever is the greater.
The facility must not be located on the land for more than a total of 4 months in any 12
month period.
52.19-2 Land in public ownership

04/11/2022
VC226 An application affecting land in a public land zone must be accompanied by written con昀椀rmation
from the public land manager that the public land manager consents generally or conditionally:
To the application being made; or
To the application being made and to the proposed development.
This requirement does not apply if the applicant is the public land manager.
52.19-3 Exemptions from notice and review

04/11/2022
VC226 An application under any provision of this planning scheme to construct a building or construct
or carry out works for a telecommunications facility is exempt from the notice requirements of
section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review
rights of section 82(1) of the Act. This exemption does not apply to:
Page 757 of 1195

An application under a Signi昀椀cant Landscape Overlay, a Heritage Overlay, or Neighbourhood

Character Overlay.
An application under a public land zone if the responsible authority is not the public land
manager.
An application for any of the following:
A telecommunications dish.
A telecommunications facility on a building within 100 metres of a residential zone.
A telecommunications facility on a building within 100 metres of a dwelling not on the
same land or land in contiguous ownership.
A telecommunications tower in a residential zone.
A telecommunications tower within 100 metres of a residential zone.
A telecommunications tower within 100 metres of a dwelling not on the same land or land
in contiguous ownership.
An application under any provision of this planning scheme to use or develop land for a
telecommunications facility is exempt from the notice requirements of section 52(1)(a), (b) and
of the Act if the telecommunications facility is funded, or partly funded, by the Commonwealth
through the Mobile Black Spot Program or the State of Victoria.

04/11/2022
A site analysis and design response explaining the design, siting, construction and operation
of the telecommunications facility.
Site boundaries and dimensions.
The purpose and location of all buildings and works required in the construction of the facility.
The location of all existing buildings and works to be retained and demolished.
The location of all proposed buildings and works including dimensions, elevations, materials,
colours and 昀椀nishes.
The location and use of all buildings on adjoining properties.
The location of all adjoining streets and access ways.
Australian Height Datum levels.
Natural drainage lines, watercourses, coastal dunes, beach systems and wetlands.
Proposals for the rehabilitation of the land on which development is to occur.
Roads and parking areas.
Materials, landscaping, external lighting, colour and re昀氀ectivity.

04/11/2022
VC226 Before deciding on an application, in addition to the decision guidelines of clause 65, the responsible
The design, siting, construction and operation of the telecommunications facility.
The effect of the telecommunications facility on adjacent land.
Page 758 of 1195

52.20 VICTORIAS BIG HOUSING BUILD

14/12/2023
VC253
Purpose
To facilitate the use and development of land for housing projects funded by Victoria’s Big Housing
Build program.
To ensure that development does not unreasonably impact on the amenity of adjoining dwellings
or small second dwellings.
52.20-1 Application
20/03/2023
VC229 This clause applies to the use or development of land that is:
Funded wholly or partly, under Victoria’s Big Housing Build program; and
Carried out by or on behalf of the Chief Executive Of昀椀cer, Homes Victoria.
This clause does not apply to:
The subdivision of land.
The use or development of land in an industrial zone, rural zone or Port Zone.
The use or development of land in a Bush昀椀re Management Overlay.
A use or development to which Clause 51.01 - Speci昀椀c Site and Exclusions, or Clause 45.12
- Speci昀椀c Controls Overlay, or any schedule to the clauses apply.
A use or development that would not require a permit under a provision of this planning scheme
were it not for the exemption in Clause 52.20-2.
A use or development that is inconsistent with an applicable Statement of Planning Policy.
A development for which an environment effects statement has been, or is required to be,
prepared under the Environment Effects Act 1978.
In this clause, Chief Executive Of昀椀cer, Homes Victoria means ‘Chief Executive Of昀椀cer, Homes
Victoria’ as de昀椀ned in the Housing Act 1983 and the body corporate established under the Housing
Act 1983.

20/12/2021
a speci昀椀ed person or body, does not apply to any use or development Clause 52.20 applies to if
requirements of this clause are met.
This exemption does not apply to a requirement in Clauses 45.03 (Environmental Audit Overlay),
45.07 (City Link Project Overlay), 45.08 (Melbourne Airport Environs Overlay), 51.03 (Upper
Yarra Valley & Dandenong Ranges Regional Strategy Plan) or 52.02 (Easements, Restrictions
and Reserves), or in any schedule to those clauses.

14/07/2022
VC230 The use and development of land must be carried out in accordance with the plans and documents
approved under this clause, to the satisfaction of the Minister for Planning. Plans and documents
may be amended to the satisfaction of the Minister for Planning.
The use and development of land to be carried out to the satisfaction of the Minister for Planning
must not commence until funding under Victoria's Big Housing Build program is approved.
Page 759 of 1195

52.20-4 Consultation requirements

14/07/2022
VC230 Before plans, documents and information required under Clause 52.20-5 are submitted:
Public consultation, and consultation with the relevant municipal council, on the plans,
documents and information proposed to be submitted under Clause 52.20-5; and
A report that summarises the consultation undertaken, feedback received, and explains how
the feedback has been considered and responded to, must be completed.
The requirements of Clause 52.20-4 must be undertaken to the satisfaction of the Minister for
Planning and may be varied or waived by the Minister for Planning.
52.20-5 Requirements for plans and documents

20/03/2023
VC229 The following plans, documents and information must be prepared and submitted to the satisfaction
of the Minister for Planning:
Written con昀椀rmation from Homes Victoria or the Chief Executive Of昀椀cer, Homes Victoria that
the application is funded, either wholly or partly, under Victoria's Big Housing Build program.
A project boundary plan that shows the boundary of the land on which the use or development
will be undertaken.
A site description and analysis plan that accurately describes the natural, physical, cultural
heritage, built heritage, landscape, vegetation, access and any other notable features,
characteristics and signi昀椀cance of the site and surrounding area including the existing use and
development of the site and surrounding land.
A description of the proposed use including:
– The activities that will be carried out.
– The likely effects, if any, on the site and surrounding land and land uses, including noise
levels, traf昀椀c, air-borne emissions, emissions to land and water, light spill, glare, solar access
and hours of operation.
Detailed plans and elevations of the proposed development drawn to scale and dimensioned,
including details of any buildings or works proposed to be demolished or removed, and any
vegetation proposed to be retained or removed.
Explanation of how the proposed use or development derives from and responds to the site
description and analysis plan.
A report that addresses the proposed use or development and how:
– It responds to the purposes, objectives, decision guidelines or statements of signi昀椀cance or
risk of any zone, overlay, or other provision that would apply to the use or development
were it not for the exemptions in Clause 52.20-2. This does not include Clauses 54, 55, 58
and 59.
– A proposed use that is not a dwelling or residential building is in conjunction with that use.
– It complies with Clause 52.20-8 Native vegetation requirement.
A design review report prepared by a suitably quali昀椀ed architect or urban designer that
demonstrates how the project achieves good quality design outcomes.
A schedule of works and development including staging and the expected commencement and
completion times.
A report that details how the proposed development responds to the development standards of:
– Clause 52.20-6 for the construction or extension of a dwelling.
Page 760 of 1195

– Clause 52.20-6 and Clause 52.20-7 for the construction or extension of an apartment
development or residential building or the construction or extension a dwelling in or forming
part of an apartment development or residential building. The development standards of
Clause 52.20-6.8 does not apply to an apartment development or residential building of 5
or more storeys. The development standards of Clauses 52.20-6.5, 52.20-6.14, 52.20-6.18
and 52.20-6.21 do not apply to an apartment development or residential building.
If the Minister for Planning has decided that an assessment through an environment effects
statement under the Environment Effects Act 1978 is not required for the proposed development
and the decision is subject to conditions:
– A report that details how each condition has been considered and addressed in the design,
construction and operation of the proposed development.
– A copy of any report, plan or other document required to be prepared under those conditions.
A plan for the management or mitigation of potential adverse effects or impacts on the
environment or amenity from the proposed use or development, during and following
construction.
If the use or development would require a permit were it not for the exemption in Clause 52.20-2
and a copy of the application for that permit would be required to be given to a referral authority
under section 55 of the Act, the comments of that referral authority on the proposed use or
development.
Any other plan, document or information the Minister for Planning considers necessary to assist
the assessment of the proposed use or development or the plans and documents required to be
prepared under this clause. This may include street elevations, three dimensional modelling or
other methods to describe the proposal.
A report that demonstrates that the environmental conditions of the land are or will be suitable
for the use and development including any signi昀椀cant effects which the use or development
may have on the environment or which the environment may have on the use or development
including water, noise, air or land pollution impacts on the environment, amenity or human
health.
The requirements of this clause may be:
Satis昀椀ed for separate components or stages of a use or development, but each requirement must
be satis昀椀ed prior to the commencement of that component or stage.
Varied or waived by the Minister for Planning.
52.20-6 Development standards for dwellings and buildings

01/01/2024
VC250
52.20-6.1 Infrastructure
Development should be connected to reticulated services, including reticulated sewerage, drainage

and electricity.
Development should not unreasonably exceed the capacity of utility services and infrastructure,
including reticulated services and roads.
In areas where utility services or infrastructure have little or no spare capacity, developments
should provide for the upgrading of or mitigation of the impact on services or infrastructure.
Page 761 of 1195

52.20-6.2 Street setback
Walls of buildings should be set back from streets at least the distance speci昀椀ed in Table 1. Porches,
pergolas and verandahs that are less than 3.6 metres high and eaves may encroach not more than
2.5 metres into the setbacks of this standard.
Table 1 Street setback
Development context Minimum setback from front Minimum setback from a side
street (metres) street (metres)
There is an existing building on The same distance as the setback Not applicable.
both the abutting allotments facing of the front wall of either existing
the same street, and the site is not building on the abutting allotments
on a corner. facing the front street or 7 metres,
one abutting allotment facing the of the front wall of the existing
same street and no existing building on the abutting allotment
building on the other abutting facing the front street or 7 metres,
allotment facing the same street, whichever is the lesser.
and the site is not on a corner.
There is no existing building on 6 metres for streets in a Transport Not applicable.

either of the abutting allotments Zone 2 and 4 metres for other
facing the same street, and the streets.
The site is on a corner. If there is a building on the Front walls of new development
abutting allotment facing the front fronting the side street of a corner
street, the same distance as the site should be setback at least the
setback of the front wall of the same distance as the setback of
existing building on the abutting the front wall of any existing
allotment facing the front street or building on the abutting allotment
7 metres, whichever is the lesser. facing the side street or 3 metres,
abutting allotment facing the front Side walls of new development on
street, 6 metres for streets in a a corner site should be setback
Transport Zone 2 and 4 metres for the same distance as the setback
other streets. of the front wall of any existing
building on the abutting allotment
facing the side street or 2 metres,
52.20-6.3 Permeability
The site area covered by the pervious surfaces should be at least 20 percent of the site.
52.20-6.4 Safety
Entrances to dwellings should not be obscured or isolated from the street and internal accessways.
Planting which creates unsafe spaces along streets and accessways should be avoided.
Page 762 of 1195

Developments should be designed to provide good lighting, visibility and surveillance of car parks
and internal accessways.
Private spaces within developments should be protected from inappropriate use as public
thoroughfares.
52.20-6.5 Access
The width of accessways or car spaces that front existing streets should not exceed:
33 per cent of the street frontage, or
if the width of the street frontage is less than 20 metres, 40 per cent of the street frontage.
No more than one single-width crossover should be provided for each dwelling fronting a street.
The location of crossovers should maximise the retention of on-street car parking spaces.
The number of access points to a road in a Transport Zone 2 or a Transport Zone 3 should be
minimised.
Developments must provide for access for service, emergency and delivery vehicles.
52.20-6.6 Parking location
Car parking facilities should:

Be reasonably close and convenient to dwellings.
Be secure.
Shared accessways or car parks of other dwellings should be located at least 1.5 metres from the
windows of habitable rooms. This setback may be reduced to 1 metre where there is a fence at
least 1.5 metres high or where window sills are at least 1.4 metres above the accessway.
52.20-6.7 Car parking
A minimum 0.6 car spaces should be provided to each dwelling. A minimum 1 car space should
be provided to each 4 bedrooms of a residential building.
Car parking for other land uses must be to the satisfaction of the Minister for Planning.
Car spaces may be covered or uncovered.
number of car parking spaces is to be rounded down to the nearest whole number greater than 1.
Accessway design
Accessways must:
4.2 metres wide.
Allow vehicles parked in the last space of a dead-end accessway in public carparks to exit in
Page 763 of 1195

a Transport Zone 3, the accessway must be designed so that cars can exit the site in a forward
direction.
serves ten or more carparking spaces and is either more than 50 metres long or connects to a
road in a Transport Zone 2 or a Transport Zone 3.
Have a corner splay or area at least 50 percent clear of visual obstructions extending at least 2
metres along the frontage road from the edge of an exit lane and 2.5 metres along the exit lane
from the frontage, to provide a clear view of pedestrians on the footpath of the frontage road.
The area clear of visual obstructions may include an adjacent entry or exit lane where more
than one lane is provided, or adjacent landscaped areas, provided the landscaping in those areas
is less than 900mm in height.
Car parking spaces

45º 3.5 m 2.6 m 4.9 m
60º 4.9 m 2.6 m 4.9 m
90º 6.4 m 2.6 m 4.9 m
5.8 m 2.8 m 4.9 m
5.2 m 3.0 m 4.9 m
4.8 m 3.2 m 4.9 m
Note: Some dimensions in Table 2 vary from those shown in the Australian Standard AS2890.1-2004 (off street).
Page 764 of 1195

Where parking spaces are provided in tandem (one space behind the other) an additional 500mm
AS2890.6-2009 (disabled) and the Building Code of Australia. Disabled carparking spaces may
Gradients
Accessway grades must not be steeper than 1:10 (10 percent) within 5 metres of the frontage to
ensure safety for pedestrians and vehicles. The design must have regard to the wheel base of the
vehicle being designed for; pedestrian and vehicular traf昀椀c volumes; the nature of the carpark;
Private or residential car parks 20 metres or less 1:4 (25%)
Where the difference in grade between two sections of ramp or 昀氀oor is greater than 1:8 (12.5 per
cent) for a summit grade change, or greater than 1:6.7 (15 percent) for a sag grade change, the
Page 765 of 1195

Plans must include an assessment of grade changes of greater than 1:5.6 (18 percent) or less than
3 metres apart for clearances, to the satisfaction of the Minister for Planning.
Mechanical parking
Mechanical parking may be used to meet the carparking standard provided:
At least 25 percent of the mechanical carparking spaces can accommodate a vehicle height of
at least 1.8 metres.
Carparking spaces that require the operation of the system are not allocated to visitors unless
The design and operation is to the satisfaction of the Minister for Planning.
Urban design
Ground level carparking, garage doors and accessways must not visually dominate public space.
Carparking within buildings (including visible portions of partly submerged basements) must be
architectural treatments and art works.
Design of carparks must take into account their use as entry points to the site.
Safety
The design of carparks must maximise natural surveillance and pedestrian visibility from adjacent
buildings.
Pedestrian access to carparking areas from the street must be convenient.
Landscaping
landscaping.
Ground level carparking spaces must include trees planted with 昀氀ush grilles. Spacing of trees must
be determined having regard to the expected size of the selected species at maturity.
52.20-6.8 Side and rear setbacks
A new building not on or within 200mm of a boundary to a residential zone should be set back
from side or rear boundaries 1 metre, plus 0.3 metres for every metre of height over 3.6 metres up
to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres. Diagram 2 details the standard.
Sunblinds, verandahs, porches, eaves, fascias, gutters, masonry chimneys, 昀氀ues, pipes, domestic
fuel or water tanks, and heating or cooling equipment or other services may encroach not more
than 0.5 metres into the setbacks of this standard.
Landings having an area of not more than 2 square metres and less than 1 metre high, stairways,
ramps, pergolas, shade sails and carports may encroach into the setbacks of this standard.
Page 766 of 1195

Diagram 2 Side and rear setbacks
52.20-6.9 Walls on boundaries
A new wall constructed on or within 200mm of a side or rear boundary of a lot or a carport
constructed on or within 1 metre of a side or rear boundary of lot should not abut the boundary
for a length of more than:
10 metres plus 25 per cent of the remaining length of the boundary of an adjoining lot, or
Where there are existing or simultaneously constructed walls or carports abutting the boundary
on an abutting lot, the length of the existing or simultaneously constructed walls or carports
A new wall or carport may fully abut a side or rear boundary where slope and retaining walls or
fences would result in the effective height of the wall or carport being less than 2 metres on the
abutting property boundary.
A building on a boundary includes a building set back up to 200mm from a boundary.
The height of a new wall constructed on or within 200mm of a side or rear boundary or a carport
constructed on or within 1 metre of a side or rear boundary should not exceed an average of 3.2
metres with no part higher than 3.6 metres unless abutting a higher existing or simultaneously
constructed wall.
Page 767 of 1195

52.20-6.10 Daylight to existing windows
Buildings opposite an existing habitable room window should provide for a light court to the
existing window that has a minimum area of 3 square metres and minimum dimension of 1 metre
clear to the sky. The calculation of the area may include land on the abutting lot.
Walls or carports more than 3 metres in height opposite an existing habitable room window should
be set back from the window at least 50 per cent of the height of the new wall if the wall is within
a 55 degree arc from the centre of the existing window. The arc may be swung to within 35 degrees
of the plane of the wall containing the existing window.
Where the existing window is above ground 昀氀oor level, the wall height is measured from the 昀氀oor
level of the room containing the window.
Diagram 3 Daylight to existing windows
52.20-6.11 North-facing windows
If a north-facing habitable room window of an existing dwelling or small second dwelling is within
3 metres of a boundary on an abutting lot, a building should be setback from the boundary 1 metre,
plus 0.6 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every
metre of height over 6.9 metres, for a distance of 3 metres from the edge of each side of the window.
A north-facing window is a window with an axis perpendicular to its surface oriented north 20
degrees west to north 30 degrees east.
Page 768 of 1195

Diagram 4 North-facing windows
52.20-6.12 Overshadowing open space
Where sunlight to the secluded private open space of an existing dwelling or small second dwelling
is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever
is the lesser area, of the secluded private open space should receive a minimum of 昀椀ve hours of
sunlight between 9 am and 3 pm on 22 September.
If existing sunlight to the secluded private open space of an existing dwelling or small second
dwelling is less than the requirements of this standard, the amount of sunlight should not be further
reduced.
52.20-6.13 Overlooking
A habitable room window, balcony, terrace, deck or patio should be located and designed to avoid
direct views into the secluded private open space of an existing dwelling or small second dwelling
within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace,
deck or patio. Views should be measured within a 45 degree angle from the plane of the window
or perimeter of the balcony, terrace, deck or patio, and from a height of 1.7 metres above 昀氀oor
level.
A habitable room window, balcony, terrace, deck or patio with a direct view into a habitable room
window of an existing dwelling or a small second dwelling within a horizontal distance of 9 metres
(measured at ground level) of the window, balcony, terrace, deck or patio should be either:
Page 769 of 1195

Offset a minimum of 1.5 metres from the edge of one window to the edge of the other.
Have sill heights of at least 1.7 metres above 昀氀oor level.
Have 昀椀xed, obscure glazing in any part of the window below 1.7 metre above 昀氀oor level.
Have permanently 昀椀xed external screens to at least 1.7 metres above 昀氀oor level and be no more
than 25 per cent transparent.
Obscure glazing in any part of the window below 1.7 metres above 昀氀oor level may be openable
provided that there are no direct views as speci昀椀ed in this standard.
Screens used to obscure a view should be:
Perforated panels or trellis with a maximum of 25 per cent openings or solid translucent panels.
Permanent, 昀椀xed and durable.
Designed and coloured to blend in with the development.
This standard does not apply to a new habitable room window, balcony, terrace, deck or patio
which faces a property boundary where there is a visual barrier at least 1.8 metres high and the
昀氀oor level of the habitable room, balcony, terrace, deck or patio is less than 0.8 metres above
ground level at the boundary.
Diagram 5 Overlooking open space
52.20-6.14 Noise impacts
Noise sources, such as mechanical plant, should not be located near bedrooms of immediately
adjacent existing dwellings or small second dwellings.
Noise sensitive rooms and secluded private open spaces of new dwellings and residential buildings
should take account of noise sources on immediately adjacent properties.
Dwellings and residential buildings close to busy roads, railway lines or industry should be designed
to limit noise levels in habitable rooms.
52.20-6.15 Daylight to new windows
A window in a habitable room should be located to face:

An outdoor space clear to the sky or a light court with a minimum area of 3 square metres and
minimum dimension of 1 metre clear to the sky, not including land on an abutting lot, or
A verandah provided it is open for at least one third of its perimeter, or
A carport provided it has two or more open sides and is open for at least one third of its
perimeter.
Page 770 of 1195

52.20-6.16 Private open space
A dwelling (other than an apartment) should have private open space consisting of:
An area of secluded private open space with a minimum area of 25 square metres, a minimum
dimension of 3 metres and convenient access from a living room; or
A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from
a living room; or
A roof-top area of 10 square metres with a minimum width of 2 metres and convenient access
from a living room.
Secluded private open space may be located in the front setback if it is no more than 30% of the
street frontage.
52.20-6.17 Solar access to open space
The private open space should be located on the north side of the dwelling if appropriate.
The southern boundary of secluded private open space should be set back from any wall on the
north of the space at least (2 + 0.9h) metres, where ‘h’ is the height of the wall.
Diagram 6 Solar access to open space
52.20-6.18 Storage
A dwelling should have convenient access to at least 6 cubic metres of externally accessible, secure
storage space.
52.20-6.19 Front fence
A front fence within 3 metres of a street should not exceed a maximum height of:
2 metres for streets in a Transport Zone 2, and
1.5 metres in other streets or where secluded private open space is proposed within the front
setback, the front fence may reach a height of up to 1.8 metres for not more than 30% of the
length of the boundary.
52.20-6.20 Common property
Developments should clearly delineate public, communal and private areas.
Page 771 of 1195

Common property, where provided, should be functional and capable of ef昀椀cient management.
52.20-6.21 Site services
The design and layout of buildings should provide suf昀椀cient space (including easements where
required) and facilities for services to be installed and maintained ef昀椀ciently and economically.
Bin and recycling enclosures, mailboxes and other site facilities should be adequate in size, durable,
waterproof and blend in with the development.
Bin and recycling enclosures should be located for convenient access by residents.
Mailboxes should be provided and located for convenient access as required by Australia Post.
52.20-7 Development standards for apartments

15/03/2024
VC256
52.20-7.1 Energy efficiency
Buildings should be:

Oriented to make appropriate use of solar energy.
Sited and designed to ensure that the energy ef昀椀ciency of existing dwellings or small second
dwellings on adjoining lots is not unreasonably reduced.
Sited and designed to ensure that the performance of existing rooftop solar energy systems on
dwellings or small second dwellings on adjoining lots in a General Residential Zone,
Neighbourhood Residential Zone or Township Zone are not unreasonably reduced. The existing
rooftop solar energy system must exist at the date the application is lodged.
Living areas and private open space should be located on the north side of the development, if
practicable.
Developments should be designed so that solar access to north-facing windows is optimised.
Dwellings located in a climate zone identi昀椀ed in Table 4 should not exceed the maximum NatHERS
annual cooling load.
Table 4 Cooling load
NatHERS climate zone NatHERS maximum cooling load
MJ/M2 per annum
Climate zone 21 Melbourne 30
Climate zone 22 East Sale 22
Climate zone 27 Mildura 69
Climate zone 60 Tullamarine 22
Climate zone 62 Moorabbin 21
Climate zone 63 Warrnambool 21
Climate zone 64 Cape Otway 19
Climate zone 66 Ballarat 23
Note: Refer to NatHERS zone map, Nationwide House Energy Rating Scheme (Commonwealth Department of
Environment and Energy).
Page 772 of 1195

52.20-7.2 Communal open space
A development of 10 or more dwellings should provide a minimum area of communal outdoor

open space of 30 square metres.
If a development contains 13 or more dwellings, the development should also provide an additional
minimum area of communal open space of 2.5 square metres per dwelling or 220 square metres,
whichever is the lesser. This additional area may be indoors or outdoors and consist of multiple
separate areas of communal open space.
Each area of communal open space should be:
Accessible to all residents.
A useable size, shape and dimension.
Capable of ef昀椀cient management.
Located to:
– Provide passive surveillance opportunities, where appropriate.
– Provide outlook for as many dwellings as practicable.
– Avoid overlooking into habitable rooms and private open space of new dwellings.
– Minimise noise impacts to new and existing dwellings or small second dwellings.
Any area of communal outdoor open space should be landscaped and include canopy cover and
trees.
52.20-7.3 Solar access to communal outdoor open space
The communal outdoor open space should be located on the north side of a building, if appropriate.
At least 50 per cent or 125 square metres, whichever is the lesser, of the primary communal outdoor
open space should receive a minimum of two hours of sunlight between 9am and 3pm on 21 June.
52.20-7.4 Landscaping
Development should retain existing trees and canopy cover.

Development should provide for the replacement of any signi昀椀cant trees that have been removed
in the 12 months prior to the application being made.
Development should:
Provide the canopy cover and deep soil area speci昀椀ed in Table 5. Existing trees can be used to
meet the canopy cover requirements of Table 5.
Provide canopy cover through canopy trees that are:
– Located in an area of deep soil speci昀椀ed in Table 6. Where deep soil cannot be provided,
trees should be provided in planters speci昀椀ed in Table 6.
– Consistent with the canopy diameter and height at maturity speci昀椀ed in Table 7.
– Located in communal outdoor open space or common areas or street frontages.
Comprise smaller trees, shrubs and ground cover, including 昀氀owering native species.
Include landscaping, such as climbing plants or smaller plant in planters, in the street frontage
and in outdoor areas, including communal outdoor open space.
Shade outdoor areas exposed to summer sun through landscaping or shade structures and use
paving and surface materials that lower surface temperatures and reduce heat absorption.
Page 773 of 1195

Be supported by irrigation systems which utilise alternative water sources such as rainwater,
stormwater, and recycled water.
Protect any predominant landscape features of the area.
Take into account the soil type and drainage pattern of the site.
Specify landscape themes, vegetation (location and species), irrigation systems, paving and
lighting.
Table 5 Canopy cover and deep soil requirements
Site area Canopy cover Deep soil
1000 square metres or less 5% of site area 5% of site area or 12 square

metres whichever is the greater
Include at least 1 Type A tree
1001 - 1500 square metres 50 square metres plus 20% of site 7.5% of site area
area above 1,000 square metres
Include at least 1 Type B tree
1501 - 2500 square metres 150 square metres plus 20% of 10% of site area
site area above 1,500 square
metres
Include at least 2 Type B trees or

1 Type C tree
2501 square metres or more 350 square metres plus 20% of 15% of site area
metres

1 Type C tree
Table 6 Soil requirements for trees
Tree type Tree in deep soil Tree in planter Depth of planter soil
Area of deep soil Volume of planter
A 12 square metres 12 cubic metres 0.8 metre
(min. plan dimension 2.5 (min. plan dimension 2.5

metres) metres)
B 49 square metres 28 cubic metres 1 metre

metres) metres)
C 121 square metres 64 cubic metres 1.5 metre

metres) metres)
Note: Where multiple trees share the same section of soil the total required amount of soil can be reduced by 5%
for every additional tree, up to a maximum reduction of 25%.
Page 774 of 1195

Table 7 Tree types
Tree types Minimum canopy diameter at Minimum height at maturity

maturity
A 4 metres 4 metres
B 8 metres 8 metres
C 12 metres 12 metres
52.20-7.5 Integrated water and stormwater management
Buildings should be connected to a non-potable dual pipe reticulated water supply, where available
from the water authority.
The stormwater management system should be:
Designed to meet the current best practice performance objectives for stormwater quality as
contained in the Urban Stormwater - Best Practice Environmental Management
Guidelines (Victorian Stormwater Committee, 1999).
Designed to maximise in昀椀ltration of stormwater, water and drainage of residual 昀氀ows into
permeable surfaces, tree pits and treatment areas.
52.20-7.6 Building setback
The built form of the development should respect the existing urban context and respond to the
features of the site.
Buildings should be set back from side and rear boundaries, and other buildings within the site to:
Ensure adequate daylight into new habitable room windows.
Avoid direct views into habitable room windows and private open space of new and existing
dwellings or small second dwellings. Developments should avoid relying on screening to reduce
views.
Provide an outlook from dwellings that creates a reasonable visual connection to the external
environment.
Noise sources, such as mechanical plants should not be located near bedrooms of immediately
The layout of new dwellings and buildings should minimise noise transmission within the site.
Noise sensitive rooms (such as living areas and bedrooms) should be located to avoid noise impacts
from mechanical plants, lifts, building services, non-residential uses, car parking, communal areas
and other dwellings or small second dwellings.
New dwellings should be designed and constructed to include acoustic attenuation measures to
reduce noise levels from off-site noise sources.
Buildings within a noise in昀氀uence area speci昀椀ed in Table 8 should be designed and constructed
to achieve the following noise levels:
Not greater than 35dB(A) for bedrooms, assessed as an LAeq,8h from 10pm to 6am.
Not greater than 40dB(A) for living areas, assessed LAeq,16h from 6am to 10pm.
Page 775 of 1195

Buildings, or part of a building screened from a noise source by an existing solid structure, or the
natural topography of the land, do not need to meet the speci昀椀ed noise level requirements.
Noise levels should be assessed in unfurnished rooms with a 昀椀nished 昀氀oor and the windows closed.
Table 8 Noise influence area
Noise Source Noise influence area
Zone interface
Industry 300 metres from the Industrial 1, 2 and 3 zone

boundary
Roads
Freeways, tollways and other roads carrying 40,000 300 metres from the nearest trafficable lane
Annual Average Daily Traffic Volume
Railways
Railway servicing passengers in Victoria 80 metres from the centre of the nearest track
Railway servicing freight outside Metropolitan 80 metres from the centre of the nearest track
Melbourne
Railway servicing freight in Metropolitan Melbourne 135 metres from the centre of the nearest track
Note: The noise in昀氀uence area should be measured from the closest part of the building to the noise source.
52.20-7.8 Accessibility
At least 50 per cent of dwellings should have:

A clear opening width of at least 850mm at the entrance to the dwelling and main bedroom.
A clear path with a minimum width of 1.2 metres that connects the dwelling entrance to the
main bedroom, an adaptable bathroom and the living area.
A main bedroom with access to an adaptable bathroom.
At least one adaptable bathroom that meets all of the requirements of either Design A or Design
B speci昀椀ed in Table 9.
Table 9 Bathroom design
Design option A Design option B
Door opening A clear 850mm wide door opening. A clear 820mm wide door opening located
opposite the shower
Door design Either: Either:
A slide door, or A slide door, or
A door that opens outwards, or A door that opens outwards, or
A door that opens inwards that is A door that opens inwards and has
clear of the circulation area and has readily removable hinges.
readily removable hinges.
Page 776 of 1195

Circulation area A clear circulation area that is: A clear circulation area that is:
A minimum area of 1.2 metres by 1.2 A minimum width of 1 metre.

metres.
The full length of the bathroom and
Located in front of the shower and the a minimum length of 2.7 metres.
toilet.
Clear of the toilet and basin.
Clear of the toilet, basin and the door The circulation area can include a shower
swing. area.
The circulation area for the toilet and
shower can overlap.
Path to circulation A clear path with a minimum width of Not applicable.

area 900mm from the door opening to the
circulation area.
Shower A hobless (step-free) shower. A hobless (step-free) shower that has a

removable shower screen and is located
on the furthest wall from the door opening.
Toilet A toilet located in the corner of the room. A toilet located closest to the door opening
and clear of the circulation area.
52.20-7.9 Building entry and circulation
Entries to dwellings and buildings should:

Be visible and easily identi昀椀able.
Provide shelter, a sense of personal address and a transitional space around the entry.
The layout and design of buildings should:
Clearly distinguish entrances to residential and non-residential areas.
Provide windows to building entrances and lift areas.
Provide visible, safe and attractive stairs from the entry level to encourage use by residents.
Provide common areas and corridors that:
– Include at least one source of natural light and natural ventilation.
– Avoid obstruction from building services.
– Maintain clear sight lines.
A dwelling should have private open space consisting of at least one of the following:
An area at ground level of at least 25 square metres, with a minimum dimension of 3 metres
and convenient access from a living room.
A balcony with an area and dimensions speci昀椀ed in Table 10 and convenient access from a
living room. If a cooling or heating unit is located on a balcony, the balcony should provide an
additional area of 1.5 square metres.
Page 777 of 1195

An area on a podium or other similar base of at least 15 square metres, with a

minimum dimension of 3 metres and convenient access from a living room.
An area on a roof of at least 10 square metres, with a minimum dimension of 2 metres and
convenient access from a living room.
If the 昀椀nished 昀氀oor level of a dwelling is 40 metres or more above ground level, the requirements
of Table 10 do not apply if at least the area speci昀椀ed in Table 11 is provided as living area or
bedroom area in addition to the minimum area speci昀椀ed in Table 13 or Table 14.
Table 10 Balcony size
Orientation of dwelling Dwelling type Minimum area Minimum

dimension
North (between north 20 All 8 square metres 1.7 metres

degrees west to north 30
degrees east)
South (between south 30 All 8 square metres 1.2 metres

degrees west to south 20
degrees east)
Any other orientation Studio or 1 bedroom 8 square metres 1.8 metres

dwelling
2 bedroom dwelling 8 square metres 2 metres
3 or more bedroom 12 square metres 2.4 metres

dwelling
Table 11 Additional living area or bedroom area
Dwelling type Additional area
Studio or 1 bedroom dwelling 8 square metres
2 bedroom dwelling 8 square metres
3 or more bedroom dwelling 12 square metres
52.20-7.11 Storage
Each dwelling should have convenient access to usable and secure storage space.
The total minimum storage space (including kitchen, bathroom and bedroom storage) should meet
the requirements speci昀椀ed in Table 12.
Table 12 Storage
Dwelling type Total minimum storage volume Minimum storage volume within
the dwelling
Studio 8 cubic metres 5 cubic metres
1 bedroom dwelling 10 cubic metres 6 cubic metres
Page 778 of 1195

the dwelling
3 or more bedroom dwelling 18 cubic metres 12 cubic metres
52.20-7.12 Waste and recycling
Developments should include dedicated areas for:

Waste and recycling enclosures which are:
– Adequate in size, durable, waterproof and blend in with the development.
– Adequately ventilated.
– Located and designed for convenient access by residents and made easily accessible to
people with limited mobility.
Adequate facilities for bin washing. These areas should be adequately ventilated.
Collection, separation and storage of waste and recyclables, including where appropriate
opportunities for on-site management of food waste through composting or other waste recovery
as appropriate.
Collection, storage and reuse of garden waste, including opportunities for on-site treatment,
where appropriate, or off-site removal for reprocessing.
Adequate circulation to allow waste and recycling collection vehicles to enter and leave the
site without reversing.
Adequate internal storage space within each dwelling to enable the separation of waste,
recyclables and food waste where appropriate.
Waste and recycling management facilities should be designed and managed in accordance with
a Waste Management Plan approved by the Minister for Planning and:
Be designed to meet the better practice design options speci昀椀ed in Waste Management and
Recycling in Multi-unit Developments (Sustainability Victoria, 2019).
Protect public health and amenity of residents and adjoining premises from the impacts of
odour, noise and hazards associated with waste collection vehicle movements.
52.20-7.13 Functional layout
Bedrooms should:
Meet the minimum internal room dimensions speci昀椀ed in Table 13.
Provide an area in addition to the minimum internal room dimensions and area to accommodate
a wardrobe.
Living areas (excluding dining and kitchen areas) should meet the minimum internal room
dimension and area speci昀椀ed in Table 14.
Table 13 Bedroom dimensions
Bedroom type Minimum width Minimum depth Minimum area
Main bedroom 3 metres 3.4 metres 10.2 sqm
All other bedrooms 3 metres 3 metres 9 sqm
Page 779 of 1195

Table 14 Living area dimensions
Dwelling type Minimum width Minimum area
Studio and 1 bedroom dwelling 3.3 metres 10 sqm
2 or more bedroom dwelling 3.6 metres 12 sqm
52.20-7.14 Room depth
Single aspect habitable rooms should not exceed a room depth of 2.5 times the ceiling height.
The depth of a single aspect, open plan, habitable room may be increased to 9 metres if all the
The room combines the living area, dining area and kitchen.
The kitchen is located furthest from the window.
The ceiling height is at least 2.7 metres measured from 昀椀nished 昀氀oor level to 昀椀nished ceiling
level. This excludes where services are provided above the kitchen.
The room depth should be measured from the external surface of the habitable room window to
the rear wall of the room
52.20-7.15 Windows
Habitable rooms should have a window in an external wall of the building.

A window may provide daylight to a bedroom from a smaller secondary area within the bedroom
where the window is clear to the sky. The secondary area should be:
A minimum width of 1.2 metres.
A maximum depth of 1.5 times the width, measured from the external surface of the window.
52.20-7.16 Natural ventilation
The design and layout of dwellings should maximise openable windows, doors or other ventilation
devices in external walls of the building, where appropriate.
At least 40 per cent of dwellings should provide effective cross ventilation that has:
A maximum breeze path through the dwelling of 18 metres.
A minimum breeze path through the dwelling of 5 metres.
Ventilation openings with approximately the same area.
The breeze path is measured between the ventilation openings on different orientations of the
dwelling.
52.20-7.17 Integration with the street
Development should be oriented to front existing and proposed streets.

Along street frontages, development should:
Incorporate pedestrian entries, windows, balconies or other active spaces.
Limit blank walls.
Limit high front fencing, unless consistent with the existing urban context.
Page 780 of 1195

Provide low and visually permeable front fences, where proposed.

Conceal car parking and internal waste collection areas from the street.
Development next to existing public open space should be designed to complement the open space
and facilitate passive surveillance.
52.20-7.18 Access
Vehicle crossovers should be minimised.

Car parking entries should be consolidated, minimised in size, integrated with the façade and where
practicable located at the side or rear of the building.
Pedestrian and cyclist access should be clearly delineated from vehicle access.
The location of crossovers should maximise pedestrian safety and the retention of on-street car
parking spaces and street trees.
Development must provide access for service, emergency and delivery vehicles.
Development should provide adequate space (including easements where required) for site services
to be installed and maintained ef昀椀ciently and economically.
Meters and utility services should be designed as an integrated component of the building or
landscape.
Mailboxes and other site facilities should be adequate in size, durable, weather-protected, located
for convenient access and integrated into the overall design of the development.
52.20-7.20 External walls and materials
External walls should be 昀椀nished with materials that:

Do not easily deteriorate or stain.
Weather well over time.
Are resilient to the wear and tear from their intended use.
External wall design should facilitate safe and convenient access for maintenance.
52.20-7.21 Wind impacts
Development of 昀椀ve or more storeys should:

not cause unsafe wind conditions speci昀椀ed in Table 15 in public land, publicly accessible areas
on private land, private open space and communal open space; and
achieve comfortable wind conditions speci昀椀ed in Table 15 in public land and publicly accessible
areas on private land
within a distance of half the greatest length of the building, or half the total height of the building
measured outwards on the horizontal plane from the ground 昀氀oor building façade, whichever is
greater.
Trees and landscaping should not be used to mitigate wind impacts. This does not apply to sitting
areas, where trees and landscaping may be used to supplement 昀椀xed wind mitigation elements.
Wind mitigation elements, such as awnings and screens should be located within the site boundary,
unless consistent with the existing urban context or preferred future development of the area.
Page 781 of 1195

Table 15 Wind conditions
Unsafe Comfortable
Annual maximum 3 second gust wind speed Hourly mean wind speed or gust equivalent mean
exceeding 20 metres per second with a probability speed (3 second gust wind speed divided by 1.85),
of exceedance of 0.1% considering at least 16 wind from all wind directions combined with probability of
directions. exceedance less than 20% of the time, equal to or
less than:
3 metres per second for sitting areas.
4 metres per second for standing areas.
5 metres per second for walking areas.

20/03/2023
Guidelines means the Guidelines for removal, destruction or lopping of native vegetation
(Department of Environment, Land, Water and Planning, December 2017);
levy area has the same meaning as in the Melbourne Strategic Assessment (Environment
Mitigation Levy) Act 2020;
as constituted under Part 2 of the Conservation, Forests and Lands Act 1987.
Before the removal, destruction or lopping of native vegetation outside the levy area:
Information about the native vegetation in accordance with the application requirements 1, 5
and 9 in Table 4 of the Guidelines must be provided to the satisfaction of the Secretary.
The biodiversity impacts from the native vegetation must be offset in accordance with the
Guidelines.
Secretary.
The requirements of Clause 52.20-8 do not apply to any native vegetation identi昀椀ed in the table
of exemptions to Clause 52.17-7.
The Secretary may vary the timing of the offset requirement if the Secretary considers there are
exceptional circumstances to warrant the variation.
The secured offset for a project may be reconciled at the completion of a project in accordance
with the Assessor’s handbook – Applications to remove, destroy or lop native vegetation
(Department of Environment, Land, Water and Planning, October 2018) to the satisfaction of
Secretary.
Before the removal, destruction or lopping of native vegetation inside the levy area, information
about the native vegetation in accordance with the application requirements 1 and 5 in Table 4 of
the Guidelines must be provided to the satisfaction of the Secretary.
The requirements of this clause may be satis昀椀ed for separate components or stages of a development.
However, each requirement must be satis昀椀ed prior to the removal, destruction or lopping of native
Page 782 of 1195


20/03/2023
VC229 The development standards at Clause 52.20-7 for apartment developments and residential buildings
in force immediately before the approval date of Amendment VC207 continue to apply to a use
or development that has received written con昀椀rmation from the Chief Executive Of昀椀cer, Homes
Victoria that an application is funded, either wholly or partly, under Victoria’s Big Housing Build
program, signed before 30 June 2022.
Page 783 of 1195

52.21 PRIVATE TENNIS COURT

31/07/2018
VC148
Purpose
To ensure that tennis courts used in association with a dwelling are sited and constructed to minimise
the effects of the development on nearby properties.
To ensure that the use of tennis courts in association with a dwelling does not cause unreasonable
disturbance to adjoining residents or adversely affect the residential amenity of adjoining areas.
52.21-1 Application
31/07/2018
VC148 This clause applies to any private tennis court which is used in association with a dwelling.

19/01/2006
VC37 A permit is not required under any provision of this scheme to construct, use or illuminate a private
tennis court if the performance requirements speci昀椀ed in the Code of Practice - Private Tennis
Court Development Revision 1 March 1999 are met.
A permit is required to construct, use or illuminate a private tennis court:
If any of the performance requirements speci昀椀ed in the Code of Practice - Private Tennis Court
Development Revision 1 March 1999 are not met.
If the land is in an Environmental Signi昀椀cance Overlay, a Vegetation Protection Overlay, a
Signi昀椀cant Landscape Overlay, a Heritage Overlay, an Urban Floodway Zone, a Floodway
Overlay or a Land Subject to Inundation Overlay and a permit is required for any of the
following:
– To construct a building or construct or carry out works.
– To remove, destroy, prune or lop a tree or vegetation.

19/01/2006
VC37 Unless the circumstances do not require, an application under this clause must be accompanied
by the following information:
A copy of title of the land.
A layout plan to a scale of not less than 1:200.
The location of dwellings on adjoining land within 10 metres of the court site showing habitable
room windows.
Existing and proposed site levels.
Location of vegetation to be removed.
Proposed landscaping.
Illumination levels and the position and height of light poles and fencing.
Description of fencing material.
The location of easements.
Volume of excavated material to be brought to or removed from the site.
Means of access to the site.
Construction method and timing.
Page 784 of 1195

52.21-4 Notice provisions

31/07/2018
VC148 An application for a permit to construct, use or illuminate a private tennis court under any provision
of this scheme is exempt from the notice requirements of section 52(1)(a), (b) and (d) of the Act.
In accordance with section 52(1)(c) of the Act notice of an application to construct, use or illuminate
a private tennis court under any provision of this scheme must be given by ordinary post to the
owners and occupiers of adjoining and opposite properties.

19/01/2006
VC37 Before deciding on an application under this Clause, in addition to the decision guidelines in Clause
65, the responsible authority must consider the relevant objectives and considerations speci昀椀ed in
the Code of Practice - Private Tennis Court Development Revision 1 March 1999.
Page 785 of 1195

52.22 COMMUNITY CARE ACCOMMODATION

26/10/2018
VC152
Purpose
To facilitate the establishment of community care accommodation.
To support the con昀椀dentiality of community care accommodation.
52.22-1 Application
26/10/2018
VC152 This clause applies to the use and development of land for community care accommodation.
52.22-2 Use exemption

04/11/2022
VC226 Any requirement in the Activity Centre Zone, Capital City Zone, Commercial 1 Zone, General
Residential Zone, Low Density Residential Zone, Mixed Use Zone, Neighbourhood Residential
Zone, Residential Growth Zone, Rural Living Zone or Township Zone to obtain a permit to use
land for community care accommodation does not apply if all of the following requirements are
met:
Any condition opposite the use ‘community care accommodation’ in the table of uses in the
zone or schedule to the zone is met.
The use is:
– funded by, or carried out by or on behalf of, a government department or public authority,
including a public authority established for a public purpose under a Commonwealth Act;
or
– funded by, or carried out by, a registered National Disability Insurance Scheme (NDIS)
provider if the design of the building is certi昀椀ed to the NDIS Specialist Disability
Accommodation Design Standard by an accredited third party NDIS Specialist Disability
Accommodation assessor.
No more than 20 clients are accommodated. This does not include staff.
No more than 5 persons at any one time who are not accommodated on the land may access
support services provided on the land.
52.22-3 Buildings and works exemption

04/11/2022
VC226 Any requirement in the General Residential Zone, Low Density Residential Zone, Mixed Use
Zone, Neighbourhood Residential Zone, Residential Growth Zone, Rural Living Zone or Township
Zone to obtain a permit to construct a building or construct or carry out works for community care
accommodation does not apply if all of the following requirements are met:
The development is:
– funded by, or carried out by or on behalf of, a government department or public authority,
including a public authority established for a public purpose under a Commonwealth Act;
or
– funded by, or carried out by, a registered NDIS provider if the design of the building is
certi昀椀ed to the NDIS Specialist Disability Accommodation Design Standard by an accredited
third party NDIS Specialist Disability Accommodation assessor.
The development is in the General Residential Zone or Neighbourhood Residential Zone, a

garden area must be provided in accordance with the minimum garden area requirement speci昀椀ed
in the zone.
The development is in the General Residential Zone, Mixed Use Zone, Neighbourhood
Residential Zone, Residential Growth Zone or Township Zone, the standards B6, B17, B18,
B19, B20, B21 and B22 of clause 55 must be met.
Page 786 of 1195


04/11/2022
VC226 An application under any provision of this planning scheme to use land or construct a building or
construct or carry out works for community care accommodation is exempt from the notice
requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and
(3) and the review rights of section 82(1) of the Act if the application is made by or on behalf of:
A government department or public authority, including a public authority established for a
public purpose under a Commonwealth Act; or
A registered NDIS provider if the design of the building is certi昀椀ed to the NDIS Specialist
Disability Accommodation Design Standard by an accredited third party NDIS Specialist
Disability Accommodation assessor.

04/11/2022
National Disability Insurance Scheme has the same meaning as part 4 section 9 of the National
Disability Insurance Scheme Act 2013.
Registered NDIS provider has the same meaning as part 4 section 9 of the National Disability
Insurance Scheme Act 2013.
Page 787 of 1195

52.23 ROOMING HOUSE

26/10/2018
VC152
Purpose
To facilitate the establishment of domestic-scale rooming houses.
52.23-1 Application
26/10/2018
VC152 This clause applies to use and development of land for a rooming house.
52.23-2 Use exemption

24/01/2020
VC160 Any requirement in the Activity Centre Zone, Capital City Zone, Commercial 1 Zone, General
Residential Zone, Mixed Use Zone, Neighbourhood Residential Zone, Residential Growth Zone
or Township Zone to obtain a permit to use land for a rooming house does not apply if all of the
Any condition opposite the use ‘rooming house’ in the table of uses in the zone or schedule to
the zone is met.
The total 昀氀oor area of all buildings on the land, measured from the outside of external walls
or the centre of party walls, does not exceed 300 square metres, excluding outbuildings.
No more than 12 persons are accommodated.
No more than 9 bedrooms are provided.
52.23-3 Buildings and works exemption

24/01/2020
VC160 Any requirement in the General Residential Zone, Mixed Use Zone, Neighbourhood Residential
Zone, Residential Growth Zone or Township Zone to obtain a permit to construct a building or
construct or carry out works for a rooming house does not apply if all of the following requirements
are met:
No more than 9 bedrooms are developed on the land.
Bedrooms can only be accessed from within the building.
The total 昀氀oor area of all buildings on the land, measured from the outside of external walls
or the centre of party walls, does not exceed 300 square metres, excluding outbuildings.
If the development is in the General Residential Zone or Neighbourhood Residential Zone, a
garden area is provided in accordance with the minimum garden area requirement speci昀椀ed in
the zone.
Shared entry facilities and common areas, including a kitchen and living area, are provided.
Page 788 of 1195

52.25 CREMATORIUM
19/01/2006
VC37
Purpose
To ensure that crematoria in cemeteries are developed and used in an appropriate manner.
Permit required
A permit is required to develop and use a crematorium on land that is used for cemetery purposes.
This does not apply to land in the Springvale Crematorium.
Decision guidelines
Before deciding on an application to use and develop land for a crematorium, in addition to the
decision guidelines in Clause 65, the responsible authority must consider:
The provision of landscaping and screen planting.
The location and design of the buildings to be constructed.
The effect on traf昀椀c movement generated by the use.
The provision of parking facilities.
Page 789 of 1195

52.26 [NO CONTENT]

31/07/2018
VC148
Page 790 of 1195

52.27 LICENSED PREMISES

15/03/2024
VC256
Purpose
To ensure that licensed premises are situated in appropriate locations.
To ensure that the impact of the licensed premises on the amenity of the surrounding area is
considered.
Scope
These provisions apply to premises licensed, or to be licensed, under the Liquor Control Reform
Act 1998.
Permit required
A permit is required to use land to sell or consume liquor if any of the following apply:
A licence is required under the Liquor Control Reform Act 1998.
A different licence or category of licence is required from that which is in force.
The hours of trading allowed under a licence are to be extended.
The number of patrons allowed under a licence is to be increased.
The area that liquor is allowed to be consumed or supplied under a licence is to be increased.
To a limited licence.
To a licence to manufacture liquor.
If the schedule to this clause speci昀椀es that a permit is not required to use land to sell or consume
liquor under a particular type of licence.
To a variation that reduces the hours of trading allowed under a licence.
To a variation that reduces the number of patrons allowed under a licence.
To a variation that reduces the area within which liquor is allowed to be consumed or supplied
under a licence.
To a variation of licence at the initiative of the Victorian Liquor Commission, pursuant to
Section 58 of the Liquor Control Reform Act 1998.
To a variation of licence for a variation prescribed in Part 6, Regulation 31 of the Liquor Control
Reform Regulations 2009.
If a different licence or category of licence is required solely as a result of changes to licence
categories.
To a licence to sell only packaged liquor for consumption elsewhere issued before 8 April 2011.
The schedule to this clause may specify that a permit may not be granted to use land to sell or
consume liquor under a particular type of licence.
Referral of applications
An application must be referred and notice of the application must be given in accordance with
Clause 66 of this scheme.
Decision guidelines
Page 791 of 1195

The impact of the sale or consumption of liquor permitted by the liquor licence on the amenity
of the surrounding area.
The impact of the hours of operation on the amenity of the surrounding area.
The impact of the number of patrons on the amenity of the surrounding area.
The cumulative impact of any existing licensed premises and the proposed licensed premises
on the amenity of the surrounding area.
Page 792 of 1195

21/07/2022
C222whse
SCHEDULE TO CLAUSE 52.27 LICENSED PREMISES
1.0 Permit not required

19/01/2006
VC37
Land Type of licence
None specified
2.0 Permit may not be granted

19/01/2006
VC37
Land Type of licence
None specified
Page 793 of 1195

52.28 GAMING
31/07/2018
VC148
52.28-1 Purpose
18/10/2006
VC39 To ensure that gaming machines are situated in appropriate locations and premises.
To ensure the social and economic impacts of the location of gaming machines are considered.
To prohibit gaming machines in speci昀椀ed shopping complexes and strip shopping centres.
52.28-2 Gaming objectives

31/07/2018
VC148 A schedule to this clause may specify objectives to be achieved in relation to the installation or
use of a gaming machine.

31/07/2018
VC148 A permit is required to install or use a gaming machine.
This does not apply in either of the following circumstances:
Clause 52.28-4 or Clause 52.28-5 speci昀椀cally prohibit a gaming machine.
the gaming machine is in an approved venue under the Gambling Regulation Act 2003 on 18
October 2006 and the maximum number of gaming machines for the approved venue on 18
October 2006 is not exceeded.
52.28-4 Prohibition of a gaming machine in a shopping complex

31/07/2018
VC148 Installation or use of a gaming machine is prohibited on land speci昀椀ed in a schedule to this clause.
This does not apply to a gaming machine in an approved venue under the Gambling Regulation
Act 2003 on 18 October 2006; and the maximum number of gaming machines for the approved
venue on 18 October 2006 is not exceeded.
52.28-5 Prohibition of a gaming machine in a strip shopping centre

31/07/2018
VC148 Installation or use of a gaming machine is prohibited in a strip shopping centre if:
the strip shopping centre is speci昀椀ed in the schedule to this clause.
the schedule provides that a gaming machine is prohibited in all strip shopping centres on land
covered by this planning scheme.
This does not apply to a gaming machine in an approved venue under the Gambling Regulation
Act 2003 on 18 October 2006; and the maximum number of gaming machines for the approved
venue on 18 October 2006 is not exceeded.
A strip shopping centre is an area that meets all of the following requirements:
it is zoned for commercial use;
it consists of at least two separate buildings on at least two separate and adjoining lots;
it is an area in which a signi昀椀cant proportion of the buildings are shops;
it is an area in which a signi昀椀cant proportion of the lots abut a road accessible to the public
generally;
but it does not include the Capital City Zone in the Melbourne Planning Scheme.
52.28-6 Locations for gaming machines

31/07/2018
VC148 A schedule to this clause may specify guidelines relating to locations for gaming venues and
machines.
Page 794 of 1195

52.28-7 Venues for gaming machines

31/07/2018
VC148 A schedule to this clause may specify guidelines relating to venues for gaming machines.

31/07/2018

31/07/2018
The compatibility of the proposal with adjoining and nearby land uses.
The capability of the site to accommodate the proposal.
Whether the gaming premises provides a full range of hotel facilities or services to patrons or
a full range of club facilities or services to members and patrons.
Any other matters speci昀椀ed in the schedule to this clause.
Page 795 of 1195

21/07/2022
C222whse
SCHEDULE TO CLAUSE 52.28 GAMING
1.0 Objectives
21/07/2022
2.0 Prohibition of a gaming machine in a shopping complex

21/07/2022
C222whse Installation or use of a gaming machine as speci昀椀ed in Clause 52.28-4 is prohibited on land
described in Table 1 below.
Table 1
Name of shopping complex and locality Land description
Vermont South Shopping Centre, Land on the north west corner of Burwood Highway and
Hanover Road, Vermont South
Vermont South
Forest Hill Chase Shopping Centre, Land bounded by Canterbury Road, Mahoneys Road, Flora
Grove and Bennett Street, Forest Hill
Forest Hill
Brentford Square Shopping Centre, Land on the south east corner of Greenwood Lane and
Canterbury Road, Forest Hill
Forest Hill
Burwood Heights Shopping Centre, Land on the south east corner of Middleborough Road and
Burwood Highway, Burwood East
Burwood East
Box Hill Central, Box Hill Land on the north west corner of Carrington Road and Station
Street, Box Hill
North Blackburn Square Shopping Centre, Land on the south east corner of Springfield Road and
Williams Road, Blackburn North
Blackburn North
Burwood Square, East Burwood Land located near the north-east corner of Burwood Highway
and Middleborough Road (the Former Brickworks Site), East
Burwood
3.0 Prohibition of a gaming machine in a strip shopping centre

21/07/2022
C222whse A gaming machine as speci昀椀ed in Clause 52.28-5 is prohibited in all strip shopping centres on
land covered by this planning scheme.
4.0 Locations for gaming machines

21/07/2022
5.0 Venues for gaming machines

21/07/2022

21/07/2022

21/07/2022
Page 796 of 1195

52.29 LAND ADJACENT TO THE PRINCIPAL ROAD NETWORK

20/01/2022
VC205
Purpose
To ensure appropriate access to the Principal Road Network or land planned to form part of the
Principal Road Network.
To ensure appropriate subdivision of land adjacent to Principal Road Network or land planned to
form part of the Principal Road Network.
52.29-1 Application
20/01/2022
VC205 This clause applies to land adjacent to a road in the Transport Zone 2 or land in a Public Acquisition
Overlay if a transport manager (other than a municipal council) is the acquiring authority, and the
purpose of the acquisition is for a road.

20/01/2022
Create or alter access to:
– A road in a Transport Zone 2.
– Land in a Public Acquisition Overlay if a transport manager (other than a municipal council)
is the acquiring authority and the acquisition is for the purpose of a road.
Subdivide land adjacent to:

– A road in a Transport Zone 2.
– Land in a Public Acquisition Overlay if a transport manager (other than a municipal council)
is the acquiring authority and the acquisition is for the purpose of a road.
52.29-3 Permit not required

14/05/2021
VC198 A permit is not required to:
Create or alter access, or subdivide land, if carried out by or on behalf of the Head, Transport
for Victoria.
Realign a boundary.
Subdivide an existing building, provided the building is already connected to services and no
new access is required.
Subdivide land into two lots, provided no new access is required.

20/01/2022
VC205 An application must be referred under section 55 of the Act to the person or body speci昀椀ed as the
referral authority in clause 66.03.

31/07/2018
requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act.

20/01/2022
VC205 Before deciding on an application, in addition to the decision guidelines in clause 65, the responsible
authority must consider:
Page 797 of 1195

The views of the relevant road authority.

The effect of the proposal on the operation of the road and on public safety.
Any policy made by the relevant road authority pursuant to schedule 2, clause 3 of the Road
Management Act 2004 regarding access between a controlled access road and adjacent land.
Page 798 of 1195

52.30 STATE PROJECTS

12/02/2024
VC254
Purpose
To facilitate the development and delivery of projects by or on behalf of, or jointly or in partnership
with, or funded by the State of Victoria or a public authority, or on Crown land.
52.30-1 Application
20/03/2023
VC229 This clause applies to any project decided by the Minister for Planning under clause 52.30-2 to be
a state project.
In this clause:
Chief Executive Of昀椀cer, Homes Victoria means ‘Chief Executive Of昀椀cer, Homes Victoria’
as de昀椀ned in the Housing Act 1983 and the body corporate established under the Housing Act
1983;
green wedge land has the same meaning as in Division 1 of Part 3AA of the Act;
project means:
– use or development of land; or
– creation or alteration of access to a road in a Transport Zone; or
– creation, variation or removal of an easement or restriction; or
– variation or removal of a condition in the nature of an easement in a Crown grant;
restriction has the same meaning as in the Subdivision Act 1988;

52.30-2 State project decision

12/02/2024
VC254 The exemption in clause 52.30-3 applies if the Minister for Planning is satis昀椀ed that a proposed
project is a state project which:
will be:
– carried out by or on behalf of, or jointly or in partnership with, the State of Victoria or a
public authority; or
– funded, or partly funded by, the State of Victoria or a public authority; or
– carried out on Crown land;
is consistent with any Great Ocean Road strategic framework plan, Statement of Planning
Policy or Yarra Strategic Plan that applies to the land;
will not subdivide green wedge land into more lots or into smaller lots than allowed for by this
planning scheme;
Page 799 of 1195

is consistent with any approved regional strategy plan under Part 3A of the Act and any approved
strategy plan under Part 3C or Part 3D of the Act; and
does not form part of public works declared under section 3, or works subject to a notice under
section 8B(4)(a)(i), or does not require an environment effects statement under the Environment
Effects Act 1978.
In deciding whether a proposed project is a state project, the Minister for Planning may, where
relevant:
Consider the objectives of planning in Victoria.
Have regard to any relevant Minister's directions.
Have regard to the Victoria Planning Provisions.
Take into account any signi昀椀cant effects which the Minister considers the proposed use or
development may have on the environment or which the Minister considers the environment
may have on the proposed use or development.
Take into account any signi昀椀cant social effects and economic effects which the Minister
considers the proposed use or development may have.
Consider any existing speci昀椀c control under clause 45.12 or 51.01 that applies to the proposed
use or development.

12/02/2024
scheme that prohibits a project, requires a project to be carried out in a particular manner, or
requires a speci昀椀ed thing to be done to the satisfaction of a speci昀椀ed person or body, does not
apply to a project decided by the Minister for Planning under clause 52.30-2 to be a state project
if the requirements of clause 52.30 are met.
This exemption does not apply to the following:
The subdivision of green wedge land into more lots or into smaller lots than allowed for by
this planning scheme.
A use or development carried out by or on behalf of, or jointly or in partnership with, the Chief
Executive Of昀椀cer, Homes Victoria.
A use or development to which clauses 52.03, 52.35 or 52.36 apply.
A requirement in clauses 45.07, 45.08 or 51.03, or in any schedule to those clauses.
52.30-4 Project requirement

29/09/2022
VC222 The project must be carried out generally in accordance with the plans and documents approved
under this clause, to the satisfaction of the Minister for Planning.

29/09/2022
VC222 Before the project commences:
Public consultation, including consultation with relevant public authorities and the municipal
council for the municipal district within which the proposed project will be carried out, must
be carried out to the satisfaction of the Minister for Planning.
A report that summarises the consultation undertaken and the feedback received, and explains
how the feedback has been considered and responded to must be prepared to the satisfaction
of the Minister for Planning.
Page 800 of 1195

The requirements of this clause may be varied or waived by the Minister for Planning.

12/02/2024
VC254 Before the project commences, the following plans, documents and information must be prepared
and submitted to the satisfaction of the Minister for Planning:
A plan that shows the boundary of the land on which the project will be carried out.
A site and context description that accurately describes and analyses the natural, physical,
cultural heritage, built heritage, landscape, vegetation, access and any other notable features,
characteristics and signi昀椀cance of the land and surrounding area, including any existing use
and development.
A description of the proposed use including:
– The activities that will be carried out.
– The likely effects, if any, on the land, and surrounding land and land uses, including noise
levels, traf昀椀c, air-borne emissions, emissions to land and water, light spill, glare, solar access
and hours of operation.
Detailed plans and elevations of the proposed development drawn to scale and dimensioned,
including details of any buildings or works proposed to be demolished or removed, and any
vegetation proposed to be retained or removed.
A report that addresses how the proposed project responds to purposes, objectives, or statements
of signi昀椀cance or risk of any zone, overlay, or other provision that would apply to the proposed
project but for the exemption in clause 52.30-3.
A schedule of works and development including staging and the expected commencement and
completion times.
If the Minister for Planning has decided that an assessment under the Environment Effects Act
1978 is not required for the proposed development and the Minister’s decision is subject to
conditions:
A plan for the management or mitigation of potential adverse effects or impacts on the
environment or amenity from the proposed use or development, during and following
construction.
If the proposed project would require a permit but for the exemption in clause 52.30-3 and a
copy of the application for that permit would be required to be given to a referral authority
under section 55 of the Act, the comments of that referral authority on the proposed project.
A report that demonstrates that the environmental conditions of the land are or will be suitable
for the proposed use or development including any signi昀椀cant effects which the use or
development may have on the environment or which the environment may have on the use or
development including water, noise, air or land pollution impacts on the environment, amenity
or human health.
Any other plan, document or information the Minister for Planning considers necessary to assist
the Minister’s assessment of the proposed project or the plans and documents required to be
prepared under this clause.
The requirements of this clause may be:
Page 801 of 1195

Satis昀椀ed in separate components or stages of a project, but each requirement must be satis昀椀ed
prior to the commencement of that component or stage.
May be varied or waived by the Minister for Planning.
The plans and other documents required by this clause may be amended during the project to the
satisfaction of the Minister for Planning.

25/03/2021
VC194 Before the removal, destruction or lopping of native vegetation outside the levy area:
Information about the native vegetation in accordance with application requirements in Tables
4 and 5 of the Guidelines must be prepared to the satisfaction of the Secretary.
must be offset in accordance with the Guidelines.
Secretary.
The Secretary may vary the timing of the offset requirement.
The secured offset for a state project to which this clause applies may be reconciled at the completion
of a project to the satisfaction of the Secretary.
about the native vegetation in accordance with application requirements in Tables 4 and 5 (other
than requirement 9) of the Guidelines must be prepared to the satisfaction of the Secretary.
The information requirements of this clause may be varied or waived by the Secretary.
The requirements of this clause may be satis昀椀ed in separate components or stages of a development,
but each requirement must be satis昀椀ed before the removal, destruction or lopping of native
Page 802 of 1195

52.31 LOCAL GOVERNMENT PROJECTS

25/03/2021
VC194
Purpose
To facilitate the development of land by or on behalf of municipal councils.
52.31-1 Permit exemptions

25/03/2021
VC194 Any requirement in a zone or a schedule to a zone to obtain a permit to construct a building or
construct or carry out works does not apply to the development of land carried out by or on behalf
of a municipal council. This exemption does not apply to:
A development with an estimated cost of more than $10 million.
A development in the Urban Floodway Zone unless the development is carried out to the
satisfaction of the relevant 昀氀oodplain management authority.
A development associated with the use of land for accommodation, earth and energy resources
industry, energy generation facility, industry or warehouse.
A development for which the Minister for Planning has decided that an assessment through an
environment effects statement under the Environment Effects Act 1978 is not required if the
Minister’s decision is subject to conditions.
Any requirement in the Floodway Overlay, Land Subject to Inundation Overlay and Special
Building Overlay to obtain a permit to construct a building or construct or carry out works does
not apply to the development of land carried out by or on behalf of a municipal council to the
satisfaction of the relevant 昀氀oodplain management authority.
This clause prevails over any inconsistent provision in this planning scheme.

25/03/2021
VC194 An application under any provision of this planning scheme to develop land by or on behalf of a
municipal council is exempt from the notice requirements of section 52(1)(a), (b) and (d), the
decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the
Act. This exemption does not apply to:
An application for a development with an estimated cost of more than $10 million.
An application for a development associated with the use of land for accommodation, earth
and energy resources industry, energy generation facility, industry or warehouse.
An application to remove, destroy or lop more than:
– 0.5 hectares of native vegetation other than a tree; or
– 15 native trees with a trunk diameter of less than 40 centimetres at a height of 1.3 metres
above ground level; or
– 5 native trees with a trunk diameter of 40 centimetres or more at a height of 1.3 metres above
ground level.
Page 803 of 1195

52.32 WIND ENERGY FACILITY

31/07/2018
VC148
Purpose
To facilitate the establishment and expansion of wind energy facilities, in appropriate locations,
with minimal impact on the amenity of the area.
52.32-1 Application
03/08/2021
VC206 This clause applies to land used and developed or proposed to be used and developed for a wind
energy facility.
52.32-2 Use and development of land

03/08/2021
VC206 A permit is required to use and develop land for a wind energy facility.
The use and development of land for a wind energy facility is prohibited at a location listed in the
table to this clause unless the condition opposite the location speci昀椀ed in the table is met.
Table to Clause 52.32-2
Location Condition
On land where any turbine (measured from the centre Must meet the requirements of clause
of the tower at ground level) that forms part of the 52.32-3.
facility is located within one kilometre of an existing
dwelling. This does not apply to a wind energy facility
that is located on land in a residential zone, an
industrial zone, a commercial zone or a special purpose
zone.
Land described in a schedule to the National Parks Act Must be principally used to supply electricity
1975 to a facility used in conjunction with
conservation, recreation, administration or
accommodation use of the land.
Land declared a Ramsar wetland as defined under

section 17 of the Environment Protection and
Biodiversity Conservation Act 1999 (Cwth)
Land listed in a schedule to Clause 52.32-2 Must be on land in a residential zone,

industrial zone, commercial zone or special
purpose zone and must be integrated as part
of the development of the land.
52.32-3 Turbine within one kilometre of a dwelling

03/08/2021
VC206 An application that includes a proposed turbine within one kilometre of an existing dwelling must
be accompanied by:
A plan showing all dwellings within one kilometre of a proposed turbine (measured from the
centre of the tower at ground level).
Evidence of the written consent of any owner as at the date of that application of an existing
dwelling located within one kilometre of a proposed turbine (measured from the centre of the
tower at ground level) that forms part of a wind energy facility. This does not apply to an
application to amend such a permit under section 72 or section 97I of the Act unless the
amendment of the permit would:
Page 804 of 1195

– increase the number of turbines; or

– change the location of a turbine so that the centre of the tower (at ground level) is located
closer to an existing dwelling (within one kilometre of a permitted turbine) than the centre
of the tower (at ground level) of the closest permitted turbine to that dwelling.
This does not apply to a wind energy facility that is located on land in a residential zone, an
industrial zone, a commercial zone or a special purpose zone.

04/07/2023
Site and context analysis

A site and context analysis may use a site plan, photographs or other techniques to accurately
describe the site and surrounding area and must include the following information:
In relation to the site:
– Site shape, dimensions and size
– Orientation and contours
– Current land use
– The existing use and siting of buildings or works on the land
– Existing vegetation types, condition and coverage
– The landscape of the site
– Species of 昀氀ora and fauna listed under the Flora and Fauna Guarantee Act 1988 and the
Environment Protection and Biodiversity Conservation Act 1999 (Cwth)
– Sites of cultural heritage signi昀椀cance
– Wind characteristics
– Any other notable features, constraints or other characteristics of the site.
In relation to the surrounding area:

– Existing land uses
– Above-ground utilities
– Access to infrastructure
– Direction and distances to nearby dwellings, townships, urban areas, signi昀椀cant conservation
and recreation areas, water features, tourist routes and walking tracks, major roads, airports,
aerodromes and existing and proposed wind energy facilities
– The siting and use of buildings on adjacent properties
– Views to and from the site, including views from existing dwellings and key vantage points
including major roads, walking tracks, tourist routes and regional population growth corridors
– Sites of 昀氀ora and fauna listed under the Flora and Fauna Guarantee Act 1988 and
Environment Protection and Biodiversity Conservation Act 1999 (Cwth), including signi昀椀cant
habitat corridors, and movement corridors for these fauna
– Sites of cultural heritage signi昀椀cance
– National Parks, State Parks, Coastal Reserves and other land subject to the National Parks
Act 1975
Page 805 of 1195

– Land declared a Ramsar wetland as de昀椀ned under section 17 of the Environment Protection
and Biodiversity Conservation Act 1999 (Cwth)
– Location of any land included in the schedule to clause 52.32-2 of the planning scheme
– Any other notable features or characteristics of the area
– Bush昀椀re risks.
Design response
Detailed plans of the proposed development.
Plans and elevations of transmission infrastructure and electricity utility works required to
connect the facility to the electricity network, and access road options.
Accurate visual simulations illustrating the development in the context of the surrounding area
and from key public view points.
A rehabilitation plan for the site.
A written report(s), including:
– A description of the proposal.
– An explanation of how the proposed design derives from and responds to the site analysis.
– A description of how the proposal responds to any signi昀椀cant landscape features for the
area identi昀椀ed in the planning scheme.
– An assessment of:
the visual impact of the proposal on the surrounding landscape.
the visual impact on abutting land that is described in a schedule to the National Parks
Act 1975 and Ramsar wetlands and coastal areas.
the impact of the proposal on any species (including birds and bats) listed under the
Flora and Fauna Guarantee Act 1988 or the Environment Protection and Biodiversity
Conservation Act 1999 (Cwth).
the impacts upon Aboriginal or non-Aboriginal cultural heritage.
– A statement of why the site is suitable for the wind energy facility.
– An environmental management plan including any rehabilitation and monitoring
requirements.
A pre-construction (predictive) noise assessment report prepared by a suitably quali昀椀ed and

experienced acoustician that:
– Reports on a pre-construction (predictive) noise assessment conducted in accordance with
New Zealand Standard NZS6808:2010, Acoustics - Wind Farm Noise.
– Provides an assessment of whether the proposed wind energy facility will comply with the
noise limit for that facility under Division 5 Part 5.3 of the Environment Protection
Regulations 2021.
Page 806 of 1195

– Where the proposed wind energy facility will be the subject of a wind turbine noise agreement
under Division 5 of Part 5.3 of the Environment Protection Regulations 2021, speci昀椀es the
premises of the relevant landowner (including any particular buildings) to which the
agreement relates and provides an assessment of whether the proposed wind energy facility
will comply with the modi昀椀ed noise limit for that facility speci昀椀ed in the agreement.
– Is prepared on the basis that the relevant noise standard under Division 5 of Part 5.3 of the
Environment Protection Regulations 2021 will be New Zealand Standard NZS6808:2010,
Acoustics - Wind Farm Noise and includes an assessment of whether a high amenity noise
limit is applicable under Section 5.3 of the standard.
A report prepared by an environmental auditor appointed under Part 8.3 of the Environment
Protection Act 2017 that veri昀椀es whether or not the pre-construction (predictive) noise
assessment was conducted in accordance with New Zealand Standard NZS6808:2010, Acoustics
- Wind Farm Noise.
If in the opinion of the responsible authority a requirement of the site and context analysis or design
response is not relevant to the evaluation of an application, the responsible authority may waive
or reduce the requirement.

04/07/2023
The effect of the proposal on the surrounding area in terms of noise, blade glint, shadow 昀氀icker
and electromagnetic interference.
The impact of the development on signi昀椀cant views, including visual corridors and sightlines.
The impact of the facility on the natural environment and natural systems.
The impact of the facility on cultural heritage.
The impact of the facility on aircraft safety.
Policy and Planning Guidelines for Development of Wind Energy Facilities in Victoria
(Department of Environment, Land, Water and Planning, November 2021).
52.32-6 Anemometer
03/08/2021
VC206 Despite anything to the contrary in this scheme a permit may be granted to use and develop land
for the purpose of wind measurement by an anemometer for a period of more than three years.
52.32-7 Application to amend a permit under section 72 of the Act

03/08/2021
VC206 An application to amend a permit made under section 72 of the Act is exempt from the decision
requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act if the
amendment of the permit does not:
increase the number of turbines; or
increase the maximum height of a turbine.
52.32-8 Application to amend a permit under section 97I of the Act

03/08/2021
VC206 An application to amend a referred wind energy facility permit made under section 97I of the Act
is wholly exempt from the requirements of section 97E(1) of the Act if the application does not
seek to:
Page 807 of 1195

increase the total number of turbines; or

increase the maximum height of a turbine.
The requirements of section 97E(1) of the Act are modi昀椀ed so as to require referral of objections
and submissions to an advisory committee established under section 151 of the Act if an application
to amend a referred wind energy facility permit made under section 97I of the Act does not seek
to:
increase the total number of turbines by more than 15%; or
increase the maximum height of a turbine by more than 20%.
Page 808 of 1195

31/07/2018
VC148
SCHEDULE TO CLAUSE 52.32 WIND ENERGY FACILITY
1.0 Wind energy facility prohibition

31/07/2018
VC148
Land where a Wind energy facility is prohibited
None specified
Page 809 of 1195

52.33 POST BOXES AND DRY STONE WALLS

31/07/2018
VC148
Purpose
To conserve historic post boxes and dry stone walls.
Permit requirement
A permit is required to demolish or remove a post box constructed before 1930.
A permit is required to demolish, remove or alter a dry stone wall constructed before 1940 on land
speci昀椀ed in the schedule to this provision. This does not apply to:
Dry stone structures other than walls and fences.
The demolition or removal of a section of a dry stone wall to install a gate.
The reconstruction of damaged or collapsing walls which are undertaken to the same
speci昀椀cations and using the same materials as the existing walls.
Decision guidelines
The signi昀椀cance of the post box or dry stone wall.
Any applicable heritage study, statement of signi昀椀cance and conservation policy.
Whether the proposal will adversely affect the signi昀椀cance of the post box or dry stone wall.
Whether the proposal will adversely affect the signi昀椀cance, character or appearance of the area.
Page 810 of 1195

31/07/2018
VC148
SCHEDULE TO CLAUSE 52.33 POST BOXES AND DRY STONE WALLS
1.0 Permit requirement for dry stone walls

31/07/2018
VC148
Land
None specified
Page 811 of 1195

52.34 BICYCLE FACILITIES

31/07/2018
VC148
Purpose
To encourage cycling as a mode of transport.
To provide secure, accessible and convenient bicycle parking spaces and associated shower and
change facilities.
52.34-1 Provision of bicycle facilities

19/01/2006
VC37 A new use must not commence or the 昀氀oor area of an existing use must not be increased until the
required bicycle facilities and associated signage has been provided on the land.
Where the 昀氀oor area occupied by an existing use is increased, the requirement for bicycle facilities
only applies to the increased 昀氀oor area of the use.

31/07/2018
VC148 A permit may be granted to vary, reduce or waive any requirement of Clause 52.34-5 and Clause
52.34-6.

31/07/2018
requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act.

31/07/2018
Whether the proposed number, location and design of bicycle facilities meets the purpose of
this clause.
The location of the proposed land use and the distance a cyclist would need to travel to reach
the land.
The users of the land and their opportunities for bicycle travel.
Whether showers and change rooms provided on the land for users other than cyclists are
available to cyclists.
The opportunities for sharing of bicycle facilities by multiple uses, either because of variation
of bicycle parking demand over time or because of ef昀椀ciencies gained from the consolidation
of shared bicycle facilities.
Australian Standard AS 2890.3 1993 Parking facilities Part 3: Bicycle parking facilities.
Any relevant bicycle parking strategy or equivalent.
52.34-5 Required bicycle facilities

08/08/2019
VC159 Tables 1, 2 and 3 to this clause set out the number and type of bicycle facilities required. Bicycle
facilities are required if the use is listed in column 1 of the table. The number of bicycle facilities
required for a use is the sum of columns 2 and 3 of the tables.
If in calculating the number of bicycle facilities the result is not a whole number, the required
number of bicycle facilities is the nearest whole number. If the fraction is one-half, the requirement
is the next whole number.
A bicycle space for an employee or resident must be provided either in a bicycle locker or at a
bicycle rail in a lockable compound.
Page 812 of 1195

A bicycle space for a visitor, shopper or student must be provided at a bicycle rail.
Table 1 to Clause 52.34-5 Bicycle spaces
Use Employee/Resident Visitor/Shopper/Student
Amusement parlour None 2 plus 1 to each 50 sq m of net floor

area
Convenience restaurant 1 to each 25 sq m of floor area 2

available to the public
Dwelling In developments of four or more In developments of four or more

storeys, 1 to each 5 dwellings storeys, 1 to each 10 dwellings
Education centre 1 to each 20 employees 1 to each 20 full-time students

(excluding Child care
centre) other than
specified in this table
Hospital 1 to each 15 beds 1 to each 30 beds
Hotel 1 to each 25 sq m of bar floor area 1 to each 25 sq m of bar floor area

available to the public, plus 1 to each available to the public, plus 1 to each
100 sq m of lounge floor area 100 sq m of lounge floor area
available to the public available to the public
Industry other than 1 to each 1000 sq m of net floor area None

specified in this table
Library 1 to each 500 sq m of net floor area 4 plus 2 to each 200 sq m of net floor
area
Major sports and 1 to each 1500 spectator places 1 to each 250 spectator places
recreation facility
Market 1 to each 50 stalls 1 to each 10 stalls
Medical centre 1 to each 8 practitioners 1 to each 4 practitioners
Minor sports and 1 per 4 employees 1 to each 200 sq m of net floor area
recreation facility
Motel 1 to each 40 rooms None
Office other than specified 1 to each 300 sq m of net floor area 1 to each 1000 sq m of net floor area
in this table if the net floor area exceeds 1000 sq if the net floor area exceeds 1000 sq
m m
Place of assembly other 1 to each 1500 sq m of net floor area 2 plus 1 to each 1500 sq m of net
than specified in this table floor area
Primary school 1 to each 20 employees 1 to each 5 pupils over year 4
Residential building other In developments of four or more In developments of four or more

than specified in this table storeys, 1 to each 10 lodging rooms storeys, 1 to each 10 lodging rooms
Restaurant 1 to each 100 sq m of floor area 2 plus 1 to each 200 sq m of floor

available to the public area available to the public if the floor
area available to the public exceeds
400 sq m.
Retail premises other than 1 to each 300 sq m of leasable floor 1 to each 500 sq m of leasable floor
specified in this table area area
Secondary school 1 to each 20 employees 1 to each 5 pupils
Service industry 1 to each 800 sq m of net floor area None
Shop 1 to each 600 sq m of leasable floor 1 to each 500 sq m of leasable floor

area if the leasable floor area area if the leasable floor area
exceeds 1000 sq metres exceeds 1000 sq metres
Page 813 of 1195

Use Employee/Resident Visitor/Shopper/Student
Take-away food premises 1 to each 100 sq m of net floor area 1 to each 50 sq m of net floor area
Table 2 to Clause 52.34-5 Showers
USE Employee/Resident Visitor/Shopper/Student
Any use listed in If 5 or more employee bicycle spaces are required, 1 None
Table 1 shower for the first 5 employee bicycle spaces, plus 1
to each 10 employee bicycle spaces thereafter.
Table 3 to Clause 52.34-5 – Change rooms
USE Employee/Resident Visitor/Shopper/Student
Any use listed in 1 change room or direct access to a communal change None
Table 1 room to each shower. The change room may be a
combined shower and change room.
52.34-6 Design of bicycle spaces

31/07/2018
VC148 Bicycle spaces should:
Provide a space for a bicycle of minimum dimensions of 1.7 metres in length, 1.2 metres in
height and 0.7 metres in width at the handlebars.
Be located to allow a bicycle to be ridden to within 30 metres of the bicycle parking space.
Be located to provide convenient access from surrounding bicycle routes and main building
entrances.
Not interfere with reasonable access to doorways, loading areas, access covers, furniture,
services and infrastructure.
Not cause a hazard.
Be adequately lit during periods of use.
Bicycle rails
A bicycle rail must:
Be securely 昀椀xed to a wall or to the 昀氀oor or ground.
Be in a highly visible location for bicycle security (when not in a compound).
Be of a shape that allows a cyclist to easily lock the bicycle frame and wheels.
Be located to allow easy access to park, lock and remove the bicycle.
Bicycle compounds and lockers

A bicycle compound or a bicycle locker must:
Be located to provide convenient access to other bicycle facilities including showers and change
rooms.
Be fully enclosed.
Be able to be locked.
If outside, provide weather protection for the bicycle.
A bicycle locker must provide a bicycle parking space for at least one bicycle.
A bicycle compound must:
Page 814 of 1195

Include wall or 昀氀oor rails for bicycle parking.

Provide an internal access path of at least 1.5 metres in width.
52.34-7 Bicycle signage

31/07/2018
VC148 If bicycle facilities are required by this clause, bicycle signage that directs the cyclists to the bicycle
facilities must be provided to the satisfaction of the responsible authority.
Bicycle signage should:
Be at least 0.3 metres wide and 0.45 metres high.
Display a white bicycle on a blue background on the top half of the sign.
Display information about the direction of facilities on the bottom half of the sign.
Page 815 of 1195

52.35 MAJOR ROAD PROJECTS

14/05/2021
VC198
52.35-1 Purpose
14/05/2021
VC198 To facilitate the delivery of projects carried out by or on behalf of Major Road Projects Victoria.
52.35-2 Application
14/05/2021
VC198 This clause applies to the use and development of land for a project carried out by or on behalf of
Major Road Projects Victoria.
The use or development of land for a promotion sign or a major promotion sign.
but for the provisions of clause 52.35.
A use or development to which clause 52.03 applies.
A use or development for a project if a document has been incorporated into this planning
scheme expressly for the project and the use and development is carried out on land to which
the speci昀椀c control contained in the document applies.
A use or development carried out in accordance with a permit issued on or before the approval
date of Amendment VC198.
A use or development for which a planning permit is granted by the responsible authority in
accordance with the provisions of this planning scheme which would apply in the absence of
the exemption in clause 52.35-3.
A development for which an environment effects statement has been, or is required by the
Minister for Planning to be, prepared under the Environment Effects Act 1978.
The provisions of clause 52.35 prevail over any inconsistent provision in this planning scheme.

14/05/2021
scheme that prohibits or restricts the use or development of land, requires the use or development
of land to be carried out in a particular manner, or requires a speci昀椀ed thing to be done to the
satisfaction of a speci昀椀ed person or body, does not apply to a use or development to which this
clause 52.35 applies if the requirements of clause 52.35 are met.
This exemption does not apply to a requirement in clauses 45.08 or 51.03, or in any schedule to
those clauses.

14/05/2021
VC198 The use and development of land must be carried out generally in accordance with the plans and
documents approved by the Minister for Planning under clause 52.35, to the satisfaction of the
carried out to the satisfaction of the relevant 昀氀oodplain management authority.
The use and development of land in a Public Acquisition Overlay must be carried out to the
Page 816 of 1195


14/05/2021
VC198 Before the commencement of the use or development:
council for the municipal district within which the proposed use or development will be carried
out, must be carried out to the satisfaction of the Minister for Planning.
A report that summarises the consultation undertaken and feedback received, and explains how
the feedback has been considered and responded to must be prepared to the satisfaction of the

14/05/2021
VC198 Before the use or development commences, a plan that shows the boundary of the land on which
the use or development will be carried out must be prepared to the satisfaction of the Minister for
Planning.
The plan may be prepared in stages and may be amended to the satisfaction of the Minister for
Planning.

14/05/2021
VC198 Before the use or development (other than a preparatory use or development) commences, the
following plans, documents and information must be prepared to the satisfaction of the Minister
for Planning:
A description of the natural, physical, cultural heritage, built heritage, landscape, vegetation,
access and any other notable features, characteristics and signi昀椀cance of the site and surrounding
area including the existing use and development of the site and surrounding land.
A description of the project.
An explanation of how the proposed use or development responds to the decision guidelines
in this planning scheme that would have applied to an application for a permit for the proposed
use or development but for the provisions of this clause 52.35.
If the land is in the Heritage Overlay and the proposed development would require a permit
under the overlay but for the exemption in clause 52.35-3:
– An assessment of the impact of the proposed development on the heritage signi昀椀cance of
the heritage place.
– Site plans and elevations showing the extent of the proposed development on the land.
and setting.

Vegetation Protection Overlay and the proposed development would require a permit under
the overlay but for the exemption in clause 52.35-3, an explanation of how the proposed
development responds to any environmental, vegetation or landscape signi昀椀cance or objective
speci昀椀ed in a schedule to the overlay.
An explanation of how the proposed use or development is consistent with any applicable
Statement of Planning Policy.
A statement outlining landscape and urban design measures or treatments required to address
any amenity impacts as part of the project.
Page 817 of 1195

An environmental management framework, prepared having regard to consultation undertaken

with each relevant municipal council on environmental management for the use or development
or measures to avoid or minimise adverse environmental impacts, that includes:
– A summary of performance monitoring and reporting processes, including any auditing, to
ensure environmental and amenity impacts are reduced and managed during construction.
– A plan for engagement with each relevant municipal council, the community and other
stakeholders during construction, including enquiries and complaints management.
1978 is not required for the proposed development and the decision is subject to conditions:
Any other information the Minister for Planning considers necessary to assist the Minister’s
The requirements of this clause:
May be satis昀椀ed in separate components or stages of a project, but each requirement must be
satis昀椀ed before the commencement of the use and development for that component or stage.
May be varied or waived by the Minister.
The plans and other documents required by this clause may be amended to the satisfaction of the

14/05/2021
Before the removal, destruction or lopping of native vegetation outside the levy area to enable a
preparatory use or development, information about that native vegetation in accordance with
application requirements 1, 5, 9, 10 and 11 in Tables 4 and 5 to the Guidelines must be prepared
to the satisfaction of the Secretary.
Before the removal, destruction or lopping of native vegetation outside the levy area (other than
to enable a preparatory use or development):
Information about the native vegetation in accordance with the application requirements 1, 5,
9, 10, and 11 in Tables 4 and 5 of the Guidelines must be prepared to the satisfaction of the
Secretary.
Page 818 of 1195

must be offset in accordance with the Guidelines to the satisfaction of the Secretary. The
biodiversity impacts from the removal, destruction or lopping of native vegetation outside the
levy area to enable a preparatory use or development must be included in the total biodiversity
impacts when determining the offset to the satisfaction of the Secretary.
Secretary.
The timing of the offset requirement may be varied by the Secretary. The secured offset for a
project may be reconciled at the completion of a project to the satisfaction of the Secretary.
about the native vegetation in accordance with the application requirements 1, 5, 10 and 11 in
Tables 4 and 5 of the Guidelines must be prepared to the satisfaction of the Secretary.

14/05/2021
VC198 For the purposes of clause 52.35, a preparatory use or development is a use or development required
to prepare for the construction of a project or a component or stage of a project. It is limited to the
following:
but for the exemption in clause 52.35-3.
Construction or installation of environment and traf昀椀c controls, including designated ‘no-go'
zones.
overhead and associated infrastructure.
be carried out in compliance with:
– a cultural heritage management plan prepared and/or approved under the Aboriginal Heritage
Act 2006 or otherwise in compliance with that Act; or

For the purposes of clause 52.35, preparatory development does not include:
Page 819 of 1195

52.36 RAIL PROJECTS

14/05/2021
VC198
52.36-1 Purpose
14/05/2021
VC198 To facilitate the delivery of projects carried out by or on behalf of Rail Projects Victoria.
52.36-2 Application
14/05/2021
VC198 This clause applies to the use and development of land for a project carried out by or on behalf of
Rail Projects Victoria.
The use or development of land for a promotion sign or a major promotion sign.
but for the provisions of clause 52.36.
A use or development to which clause 52.03 applies.
A use or development for a project if a document has been incorporated into this planning
scheme expressly for the project and the use and development is carried out on land to which
the speci昀椀c control contained in the document applies.
A use or development carried out in accordance with a permit issued on or before the approval
date of Amendment VC198.
A use or development for which a planning permit is granted by the responsible authority in
accordance with the provisions of this planning scheme which would apply in the absence of
the exemption in clause 52.36-3.
A development for which an environment effects statement has been, or is required by the
Minister for Planning to be, prepared under the Environment Effects Act 1978.
The provisions of clause 52.36 prevail over any inconsistent provision in this planning scheme.

14/05/2021
scheme that prohibits or restricts the use or development of land, requires the use or development
of land to be carried out in a particular manner, or requires a speci昀椀ed thing to be done to the
satisfaction of a speci昀椀ed person or body, does not apply to a use or development to which this
clause 52.36 applies if the requirements of clause 52.36 are met.
This exemption does not apply to a requirement in clauses 45.08 or 51.03, or in any schedule to
those clauses.

20/01/2022
VC205 The use and development of land must be carried out generally in accordance with the plans and
documents approved by the Minister for Planning under clause 52.36, to the satisfaction of the
carried out to the satisfaction of the relevant 昀氀oodplain management authority.
The creation or alteration of access to a road in a Transport Zone 2, or land in a Public Acquisition
Overlay if the Head, Transport for Victoria is the acquiring authority and the purpose of the
acquisition is for a road, must be carried out to the satisfaction of the Head, Transport for Victoria.
Page 820 of 1195

The use and development of land in a Public Acquisition Overlay must be carried out to the

14/05/2021
VC198 Before the commencement of the use or development:
council for the municipal district within which the proposed use or development will be carried
out, must be carried out to the satisfaction of the Minister for Planning.
A report that summarises the consultation undertaken and feedback received, and explains how
the feedback has been considered and responded to must be prepared to the satisfaction of the

14/05/2021
VC198 Before the use or development commences, a plan that shows the boundary of the land on which
the use or development will be carried out must be prepared to the satisfaction of the Minister for
Planning.
The plan may be prepared in stages and may be amended to the satisfaction of the Minister for
Planning.

14/05/2021
VC198 Before the use or development (other than a preparatory use or development) commences, the
following plans, documents and information must be prepared to the satisfaction of the Minister
for Planning:
A description of the natural, physical, cultural heritage, built heritage, landscape, vegetation,
access and any other notable features, characteristics and signi昀椀cance of the site and surrounding
area including the existing use and development of the site and surrounding land.
A description of the project.
An explanation of how the proposed use or development responds to the decision guidelines
in this planning scheme that would have applied to an application for a permit for the proposed
use or development but for the provisions of this clause 52.36.
If the land is in the Heritage Overlay and the proposed development would require a permit
under the overlay but for the exemption in clause 52.36-3:
– An assessment of the impact of the proposed development on the heritage signi昀椀cance of
the heritage place.
– Site plans and elevations showing the extent of the proposed development on the land.
and setting.

Vegetation Protection Overlay and the proposed development would require a permit under
the overlay but for the exemption in clause 52.36-3, an explanation of how the proposed
development responds to any environmental, vegetation or landscape signi昀椀cance or objective
speci昀椀ed in a schedule to the overlay.
An explanation of how the proposed use or development is consistent with any applicable
Statement of Planning Policy.
Page 821 of 1195

An environmental management framework, prepared having regard to consultation undertaken

with each relevant municipal council on environmental management for the use or development
or measures to avoid or minimise adverse environmental impacts, that includes:
– A summary of performance monitoring and reporting processes, including any auditing, to
ensure environmental and amenity impacts are reduced and managed during construction.
– A plan for engagement with each relevant municipal council, the community and other
stakeholders during construction, including enquiries and complaints management.
1978 is not required for the proposed development and the decision is subject to conditions:
Any other information the Minister for Planning considers necessary to assist the Minister’s
The requirements of this clause:
May be satis昀椀ed in separate components or stages of a project, but each requirement must be
satis昀椀ed before the commencement of the use and development for that component or stage.
May be varied or waived by the Minister.
The plans and other documents required by this clause may be amended to the satisfaction of the

14/05/2021
Before the removal, destruction or lopping of native vegetation outside the levy area to enable a
preparatory use or development, information about that native vegetation in accordance with
application requirements 1, 5, 9, 10 and 11 in Tables 4 and 5 to the Guidelines must be prepared
to the satisfaction of the Secretary.
Before the removal, destruction or lopping of native vegetation outside the levy area (other than
to enable a preparatory use or development):
Information about the native vegetation in accordance with application requirements 1, 5, 9
10, and 11 in Tables 4 and 5 of the Guidelines must be prepared to the satisfaction of the
Secretary.
Page 822 of 1195

must be offset in accordance with the Guidelines to the satisfaction of the Secretary. The
biodiversity impacts from the removal, destruction or lopping of native vegetation outside the
levy area to enable a preparatory use or development must be included in the total biodiversity
impacts when determining the offset to the satisfaction of the Secretary.
Secretary.
The timing of the offset requirement may be varied by the Secretary. The secured offset for a
project may be reconciled at the completion of a project to the satisfaction of the Secretary.
about the native vegetation in accordance with the application requirements 1, 5, 10 and 11 in
Tables 4 and 5 of the Guidelines must be prepared to the satisfaction of the Secretary.

14/05/2021
VC198 For the purposes of clause 52.36, a preparatory use or development is a use or development required
to prepare for the construction of a project or a component or stage of a project. It is limited to the
following:
but for the exemption in clause 52.36-3.
Construction or installation of environment and traf昀椀c controls, including designated ‘no-go'
zones.
overhead and associated infrastructure.
be carried out in compliance with:
– a cultural heritage management plan prepared and/or approved under the Aboriginal Heritage
Act 2006 or otherwise in compliance with that Act; or

For the purposes of clause 52.36, preparatory development does not include:
Page 823 of 1195

53 GENERAL REQUIREMENTS AND PERFORMANCE STANDARDS

31/07/2018
VC148
Page 824 of 1195

53.01 PUBLIC OPEN SPACE CONTRIBUTION AND SUBDIVISION

31/07/2018
VC148 A person who proposes to subdivide land must make a contribution to the council for public open
space in an amount speci昀椀ed in the schedule to this clause (being a percentage of the land intended
to be used for residential, industrial or commercial purposes, or a percentage of the site value of
such land, or a combination of both). If no amount is speci昀椀ed, a contribution for public open
space may still be required under section 18 of the Subdivision Act 1988.
53.01-1 Exemption from public open space requirement specified in the scheme
31/07/2018
VC148 A subdivision is exempt from a public open space requirement speci昀椀ed in this scheme if:
It is one of the following classes of subdivision:
– Class 1: The subdivision of a building used for residential purposes provided each lot contains
part of the building. The building must have been constructed or used for residential purposes
immediately before 30 October 1989 or a planning permit must have been issued for the
building to be constructed or used for residential purposes immediately before that date.
– Class 2: The subdivision of a commercial or industrial building provided each lot contains
part of the building.
It is for the purpose of excising land to be transferred to a public authority, council or a Minister
for a utility installation.
It subdivides land into two lots and the council considers it unlikely that each lot will be further
subdivided.
53.01-2 Exemption from public open space requirement under section 18(8)(a) of the
31/07/2018
VC148
Subdivision Act 1988
For the purposes of section 18(8)(a) of the Subdivision Act 1988, the following classes of subdivision
are exempt from the public open space requirement:
Class 1: The subdivision of a building used for residential purposes provided each lot contains
part of the building. The building must have been constructed or used for residential purposes
immediately before 30 October 1989 or a planning permit must have been issued for the building
to be constructed or used for residential purposes immediately before that date.
Class 2: The subdivision of a commercial or industrial building provided each lot contains part
of the building.
Note: Check section 18A of the Subdivision Act 1988 for other requirements that apply to a public open space
requirement speci昀椀ed in the planning scheme.
Page 825 of 1195

31/07/2018
VC148
SCHEDULE TO CLAUSE 53.01 PUBLIC OPEN SPACE CONTRIBUTION AND
SUBDIVISION
1.0 Subdivision and public open space contribution

31/07/2018
VC148
Type or location of subdivision Amount of contribution for public open space
The subdivision of land on a strategic site (as defined Minimum 4%.

by the Whitehorse Open Space Strategy or Council or
Contribution rate greater than 4% subject to
State Government).
negotiation of a development plan.
All other land 4%
Page 826 of 1195

53.02 BUSHFIRE PLANNING

31/07/2018
VC148
Purpose
To ensure that the development of land prioritises the protection of human life and strengthens
community resilience to bush昀椀re.
To ensure that the location, design and construction of development appropriately responds to the
bush昀椀re hazard.
To ensure development is only permitted where the risk to life, property and community
infrastructure from bush昀椀re can be reduced to an acceptable level.
To specify location, design and construction measures for a single dwelling that reduces the bush昀椀re
risk to life and property to an acceptable level.
53.02-1 Application
31/07/2018
VC148 This clause applies to an application under Clause 44.06 - Bush昀椀re Management Overlay, unless
the application meets all of the requirements speci昀椀ed in a schedule to Clause 44.06.
Clause 53.02-3 applies to an application to construct a single dwelling or construct or carry out
works associated with a single dwelling if all of the following requirements are met:
The land is zoned Neighbourhood Residential Zone, General Residential Zone, Residential
Growth Zone, Urban Growth Zone, Low Density Residential Zone, Township Zone or Rural
Living Zone.
There is only one dwelling on the lot.
The application meets all of the approved measures contained in Clause 53.02-3.
Clause 53.02-4 applies to all other applications.
53.02-2 Operation
31/07/2018
VC148 The provisions of this clause contain:
Objectives. An objective describes the outcome that must be achieved in a completed
development.
Approved measures (AM). An approved measure meets the objective.
Alternative measures (AltM). An alternative measure may be considered where the responsible
authority is satis昀椀ed that the objective can be met. The responsible authority may consider
other unspeci昀椀ed alternative measures.
Decision guidelines. The decision guidelines set out the matters that the responsible authority
must consider before deciding on an application, including whether any proposed alternative
measure is appropriate.
A schedule to Clause 44.06 may specify substitute approved measures, additional alternative
measures and additional or substitute decision guidelines.
A substitute approved measure speci昀椀ed in a schedule to Clause 44.06 substitutes the applicable
approved measure contained in this clause.
53.02-3 Dwellings in existing settlements – Bushfire protection objective

31/07/2018
VC148 To specify bush昀椀re design and construction measures for a single dwelling or alteration and
extension to an existing dwelling that reduces the risk to life and property to an acceptable level.
Page 827 of 1195

Approved measures
Measure Requirement
AM 1.1 A building is sited to ensure the site best achieves the following:
The maximum separation distance between the building and the bushfire hazard.
The building is in close proximity to a public road.
Access can be provided to the building for emergency service vehicles.
AM 1.2 A building provides the defendable space in accordance with Table 1 Columns A, B, C, D
or E and Table 6 to Clause 53.02-5. Adjoining land may be included as defendable space
where there is a reasonable assurance that the land will remain or continue to be managed
in that condition as part of the defendable space.
A building is constructed to the bushfire attack level:
That corresponds to the defendable space provided in accordance with Table 1 to Clause
53.02-5, or
The next lower bushfire attack level that corresponds to the defendable space provided
in accordance with Table 1 to Clause 53.02-5 where all of the following apply:
– A private bushfire shelter (a Class 10c building within the meaning of the Building
Regulations 2006) is constructed on the same land as the dwelling.
– A minimum bushfire attack level of BAL12.5 is provided in all circumstances.
AM 1.3 A building is provided with:
A static water supply for fire fighting and property protection purposes specified in Table
4 to Clause 53.02-5. The water supply may be in the same tank as other water supplies
provided that a separate outlet is reserved for fire fighting water supplies.
Vehicle access that is designed and constructed as specified in Table 5 to Clause

53.02-5.
53.02-3.1 Decision guidelines
The bush昀椀re hazard site assessment and the bush昀椀re management statement submitted with
the application.
Whether all of the the approved measures have been incorporated into the application.
53.02-4 Bushfire protection objectives

14/12/2023
VC253
53.02-4.1 Landscape, siting and design objectives
Development is appropriate having regard to the nature of the bush昀椀re risk arising from the
surrounding landscape.
Development is sited to minimise the risk from bush昀椀re.
Development is sited to provide safe access for vehicles, including emergency vehicles.
Building design minimises vulnerability to bush昀椀re attack.
Page 828 of 1195

Approved measures
Measure Requirement
AM 2.1 The bushfire risk to the development from the landscape beyond the site can be
mitigated to an acceptable level.
AM 2.2 A building is sited to ensure the site best achieves the following:
The maximum separation distance between the building and the bushfire hazard.
The building is in close proximity to a public road.
Access can be provided to the building for emergency service vehicles.
AM 2.3 A building is designed to be responsive to the landscape risk and reduce the impact
of bushfire on the building.
53.02-4.2 Defendable space and construction objective
Defendable space and building construction mitigate the effect of 昀氀ame contact, radiant heat and
embers on buildings.
Approved measures
Measure Requirement
AM 3.1 A building used for a dwelling (including an extension or alteration to a dwelling), small
second dwelling, industry, office or retail premises is provided with defendable space in
accordance with:
Table 2 Columns A, B or C and Table 6 to Clause 53.02-5 wholly within the title
boundaries of the land; or
If there are significant siting constraints, Table 2 Column D and Table 6 to Clause 53.02-5.
The building is constructed to the bushfire attack level that corresponds to the defendable
space provided in accordance with Table 2 to Clause 53.02-5.
AM 3.2 A building used for accommodation (other than a dwelling or small second dwelling), a child
care centre, an education centre, a hospital, leisure and recreation or a place of assembly
is:
Provided with defendable space in accordance with Table 3 and Table 6 to Clause
53.02-5 wholly within the title boundaries of the land.
Constructed to a bushfire attack level of BAL12.5.
Alternative measures
Measure Requirement
AltM 3.3 Adjoining land may be included as defendable space where there is a reasonable assurance
that the land will remain or continue to be managed in that condition as part of the defendable
space.
AltM 3.4 Defendable space and the bushfire attack level is determined using Method 2 of AS3959:2018
Construction of buildings in bushfire prone areas (Standards Australia) subject to any guidance
published by the relevant fire authority.
Page 829 of 1195

Measure Requirement
AltM 3.5 A building used for a dwelling (including an extension or alteration to a dwelling) may provide
defendable space to the property boundary where it can be demonstrated that:
The lot has access to urban, township or other areas where:
– Protection can be provided from the impact of extreme bushfire behaviour.
– Fuel is managed in a minimum fuel condition.
– There is sufficient distance or shielding to protect people from direct flame contact or
harmful levels of radiant heat.
Less defendable space and a higher construction standard is appropriate having regard
to the bushfire hazard landscape assessment.
The dwelling is constructed to a bushfire attack level of BAL FZ.

This alternative measure only applies where the requirements of AM 3.1 cannot be met.
AltM 3.6 A building used for accommodation (other than a dwelling or small second dwelling), child
care centre, education centre, hospital, leisure and recreation or place of assembly may
provide defendable space in accordance with Table 2 Columns A, B or C and Table 6 to
Clause 53.02-5 where it can be demonstrated that:
An integrated approach to risk management has been adopted that considers:
– The characteristics of the likely future occupants including their age, mobility and
capacity to evacuate during a bushfire emergency.
– The intended frequency and nature of occupation.
– The effectiveness of proposed emergency management arrangements, including a

mechanism to secure implementation.
Less defendable space and a higher construction standard is appropriate having regard
to the bushfire hazard landscape assessment.
53.02-4.3 Water supply and access objectives
A static water supply is provided to assist in protecting property.

Vehicle access is designed and constructed to enhance safety in the event of a bush昀椀re.
Approved measures
Measure Requirement
AM 4.1 A building used for a dwelling (including an extension or alteration to a dwelling), a small
second dwelling, industry, office or retail premises is provided with:
A static water supply for fire fighting and property protection purposes specified in Table
4 to Clause 53.02-5.
Vehicle access that is designed and constructed as specified in Table 5 to Clause 53.02-5.
The water supply may be in the same tank as other water supplies provided that a separate
outlet is reserved for fire fighting water supplies.
AM 4.2 A building used for accommodation (other than a dwelling or small second dwelling), child
care centre, education centre, hospital, leisure and recreation or place of assembly is provided
with:
Page 830 of 1195

Measure Requirement
A static water supply for fire fighting and property protection purposes of 10,000 litres per
1,500 square metres of floor space up to 40,000 litres.
Vehicle access that is designed and constructed as specified in Table 5 to Clause 53.02-5.
An integrated approach to risk management that ensures the water supply and access
arrangements will be effective based on the characteristics of the likely future occupants
including their age, mobility and capacity to evacuate during a bushfire emergency.
The water supply may be in the same tank as other water supplies provided that a separate
outlet is reserved for fire fighting water supplies.
53.02-4.4 Subdivision objectives
To provide lots that are capable of being developed in accordance with the objectives of Clause
53.02.
To specify at the subdivision stage bush昀椀re protection measures to develop a lot with a single
dwelling on land zoned for residential or rural residential purposes.
Measure Requirement
AM 5.1 An application to subdivide land, other than where AM 5.2 applies, demonstrates that each
proposed lot is capable of meeting:
The defendable space in accordance with Table 2 Columns A, B or C and Table 6 to

Clause 53.02-5.
The approved measures in Clause 53.02-4.1 and Clause 53.02-4.3.
AM 5.2 An application to subdivide land zoned for residential or rural residential purposes must be
accompanied by a plan that shows:
Each lot satisfies the approved measure in AM 2.1.
A building envelope for a single dwelling on each lot that complies with AM 2.2 and
provides defendable space in accordance with:
– Columns A or B of Table 2 to Clause 53.02-5 for a subdivision that creates 10 or more

lots; or
– Columns A, B or C of Table 2 to Clause 53.02-5 for a subdivision that creates less

than 10 lots.
The bushfire attack level that corresponds to the defendable space provided in accordance
with Table 2 to Clause 53.02-5 must be noted on the building envelope.
Defendable space wholly contained within the boundaries of the proposed subdivision.
Defendable space may be shared between lots within the subdivision. Defendable space
for a lot may utilse communal areas, such as roads, where that land can meet the
requirements for defendable space.
Vegetation management requirements in accordance with Table 6 to implement and

maintain the defendable space required under this approved measure.
Water supply and vehicle access that complies with AM 4.1.
AM 5.3 An application to subdivide land to create 10 or more lots provides a perimeter road adjoining
the hazardous vegetation to support fire fighting.
Page 831 of 1195

Measure Requirement
AM 5.4 A subdivision manages the bushfire risk to future development from existing or proposed
landscaping, public open space and communal areas.
Alternative measure
Measure Requirement
AltM 5.5 A building envelope for a subdivision that creates 10 or more lots required under AM
5.2 may show defendable space in accordance with Table 2 Column C and Table 6 to
Clause 53.02-5 where it can be demonstrated that:
All other requirements of AM 5.2 have been met.
Less defendable space and a higher construction standard is appropriate having

regard to the bushfire hazard landscape assessment.
53.02-4.5 Decision guidelines
The bush昀椀re hazard landscape assessment, the bush昀椀re hazard site assessment and the bush昀椀re
management statement submitted with the application.
The impact of any State, regional or local bush昀椀re management and prevention actions occurring
around the site and in the wider area on the bush昀椀re hazard and the level of risk to the proposed
development.
Whether the proposed development meets the objectives of Clause 53.02-4 regardless of other
measures which may be available, including private bush昀椀re shelters, community shelters and
the presence of places of last resort.
Whether the proposed measures can be practically implemented and maintained in conjunction
with the ongoing use of the land.
Whether the use of an alternative measure meets the relevant objective having regard to the
bush昀椀re hazard and the nature of any constraint that prevents the applicable approved measure
from being implemented.
If one or more of the objectives in Clause 53.02-4 will not be achieved in the completed
development, whether the development will, taking all relevant factors into account, reduce
the bush昀椀re risk to a level that warrants it proceeding.
Whether the risk arising from the broader landscape can be mitigated to an acceptable level or
warrants the development not proceeding.
Page 832 of 1195

53.02-5 Tables : Defendable space, construction, water supply, vehicle access, vegetation
20/03/2023
VC229
management and outbuilding construction requirements
Table 1 Defendable space and construction
Slope Vegetation Defendable space distance from building facade (metres)

Type
Column A Column B Column C Column D Column E
All Forest 48 35 25 19 < 19

upslopes
and flat
Woodland 33 24 16 12 < 12
land (0
degrees)
Scrub 27 19 13 10 < 10
Shrubland 19 13 9 7 <7
Mallee/ Mulga 17 12 8 6 <6
Rainforest 23 16 11 8 <8
Grassland 19 13 9 6 <6
Downslope Forest 57 43 32 24 < 24

>0 to 5
degrees
Woodland 41 29 21 15 < 15
Scrub 31 22 15 11 < 11
Shrubland 22 15 10 7 <7
Rainforest 29 20 14 10 < 10
Grassland 22 15 10 7 <7

>5 to 10
degrees
Woodland 50 37 26 20 < 20
Scrub 35 24 17 12 < 12
Shrubland 25 17 11 8 <8
Rainforest 36 26 18 13 < 13
Grassland 25 17 11 8 <8

>10 to 15
degrees
Woodland 60 45 33 25 < 25
Scrub 39 28 19 14 < 14
Shrubland 28 19 13 9 <9
Page 833 of 1195


Type
Column A Column B Column C Column D Column E
Mallee/ 26 18 11 8 <8
Mulga
Rainforest 45 33 23 17 < 17
Grassland 28 20 13 9 <9

>15 to 20
degrees
Woodland 73 56 41 32 < 32
Scrub 43 31 21 15 < 15
Shrubland 31 22 15 10 < 10
Rainforest 56 42 29 22 < 22
Grassland 32 23 15 11 < 11
BAL 12.5 BAL19 BAL29 BAL40 BALFZ
Downslope All vegetation Defendable space and the bushfire attack level is determined using Method
>20 2 of AS3959:2018 Construction of buildings in bushfire prone areas
degrees (Standards Australia) subject to any guidance published by the relevant
fire authority.
All slopes Low threat Defendable space is to be provided for a distance of 50 metres, or the
vegetation property boundary whichever is the lesser, for buildings constructed to all
bushfire attack levels. The minimum construction standard is BAL 12.5.
All slopes Modified Defendable space is to be provided for a distance of 50 metres, or the
vegetation property boundary whichever is the lesser, for buildings constructed to all
bushfire attack levels. The minimum construction standard is BAL 29.
Note 1: Slope and vegetation type is determined through the bush昀椀re hazard site assessment.
Note 2: Modi昀椀ed vegetation is vegetation that doesn’t 昀椀t into the vegetation classi昀椀cations in AS3959:2018
Construction of buildings in bush昀椀re prone areas (the standard) because it:
- has been modi昀椀ed, altered or is managed due to urban development, or gardening,
- has different fuel loads from those assumed in the standard,
- has limited or no understorey vegetation, or
- is not low-threat or low-risk vegetation as de昀椀ned in the standard.
Table 2 Defendable space and construction
Column A Column B Column C Column D
All Forest 48 35 25 19
upslopes
and flat
Woodland 33 24 16 12
land
(0 degrees)
Page 834 of 1195

Scrub 27 19 13 10
Shrubland 19 13 9 7
Mallee/ Mulga 17 12 8 6
Rainforest 23 16 11 8
Grassland 19 13 9 6
Downslope Forest 57 43 32 24
>0 to 5
degrees
Scrub 31 22 15 11
Shrubland 22 15 10 7
Grassland 22 15 10 7
>5 to 10
degrees
Scrub 35 24 17 12
>10 to 15
degrees
Scrub 39 28 19 14
>15 to 20
degrees
Page 835 of 1195

Scrub 43 31 21 15
BAL12.5 BAL19 BAL29 BAL40
Downslope All vegetation Defendable space and the bushfire attack level is determined using
>20 Method 2 of AS3959:2018 Construction of buildings in bushfire prones
degrees areas (Standards Australia) subject to any guidance published by the
relevant fire authority.
All slopes Low threat Defendable space is to be provided for a distance of 50 metres, or the
vegetation property boundary whichever is the lesser, for buildings constructed to
all bushfire attack levels. The minimum construction standard is BAL
12.5.
All slopes Modified vegetation Defendable space is to be provided for a distance of 50 metres, or the
property boundary whichever is the lesser, for buildings constructed to
all bushfire attack levels. The minimum construction standard is BAL
29.
Note 1: Slope and vegetation type is determined through the bush昀椀re hazard site assessment.
Note 2: Modi昀椀ed vegetation is vegetation that doesn’t 昀椀t into the vegetation classi昀椀cations in AS3959:2018
Construction of buildings in bush昀椀re prone areas (the standard) because it:
- has been modi昀椀ed, altered or is managed due to urban development, or gardening,
- has different fuel loads from those assumed in the standard,
- has limited or no understorey vegetation, or
- is not low-threat or low-risk vegetation as de昀椀ned in the standard.
Table 3 Defendable space
Vegetation class Defendable space distance from building facade (metres)
Upslope and Downslope (degrees)

flat land (0
degrees) >0-5 >5-10 >10-15 >15-20
Forest 60 70 85 105 125
Woodland 40 50 62 75 95
Shrubland 25 28 32 36 41
Scrub 35 40 45 50 55
Mallee/Mulga 23 26 30 35 40
Rainforest 30 36 46 60 70
Page 836 of 1195

Vegetation class Defendable space distance from building facade (metres)
Upslope and Downslope (degrees)

flat land (0
degrees) >0-5 >5-10 >10-15 >15-20
Grassland 35 40 45 50 55
Table 4 Water supply requirements
Capacity, fittings and access
Lot sizes (square meters) Hydrant available Capacity (litres) Fire authority fittings
and access required
Less than 500 Not applicable 2,500 No
500-1,000 Yes 5,000 No
500-1,000 No 10,000 Yes
1,001 and above Not applicable 10,000 Yes
Note 1: A hydrant is available if it is located within 120 metres of the rear of the building
Fire authority requirements

Unless otherwise agreed in writing by the relevant 昀椀re authority, the water supply must:
Be stored in an above ground water tank constructed of concrete or metal.
Have all 昀椀xed above ground water pipes and 昀椀ttings required for 昀椀re昀椀ghting purposes made
of corrosive resistant metal.
Include a separate outlet for occupant use.
Where a 10,000 litre water supply is required, 昀椀re authority 昀椀ttings and access must be provided
as follows:
Be readily identi昀椀able from the building or appropriate identi昀椀cation signs to the satisfaction
of the relevant 昀椀re authority.
Be located within 60 metres of the outer edge of the approved building.
The outlet/s of the water tank must be within 4 metres of the accessway and unobstructed.
Incorporate a separate ball or gate valve (British Standard Pipe (BSP 65 millimetre) and coupling
(64 millimetre CFA 3 thread per inch male 昀椀tting).
Any pipework and 昀椀ttings must be a minimum of 65 millimetres (excluding the CFA coupling).
Table 5 Vehicle access design and construction

Vehicle access (or part thereof) of a length speci昀椀ed in Column A implements the design and
construction requirements speci昀椀ed in Column B.
Column A Column B
Length of access is less than There are no design and construction requirements if fire authority access
30 metres to the water supply is not required under AM4.1.
Page 837 of 1195

Column A Column B
Length of access is less than Where fire authority access to the water supply is required under AM4.1
30 metres fire authority vehicles should be able to get within 4 metres of the water
supply outlet.
Length of access is greater The following design and construction requirements apply:
than 30 metres
All-weather construction.
A load limit of at least 15 tonnes.
Provide a minimum trafficable width of 3.5 metres.
Be clear of encroachments for at least 0.5 metres on each side and at

least 4 metres vertically.
Curves must have a minimum inner radius of 10 metres.
The average grade must be no more than 1 in 7 (14.4%) (8.1°) with a

maximum grade of no more than 1 in 5 (20%) (11.3°) for no more than
50 metres.
Dips must have no more than a 1 in 8 (12.5 per cent) (7.1 degrees) entry
and exit angle.
Length of access is greater A turning area for fire fighting vehicles must be provided close to the building
than 100 metres by one of the following:
A turning circle with a minimum radius of eight metres.
A driveway encircling the dwelling.
The provision of other vehicle turning heads – such as a T or Y head –

which meet the specification of Austroad Design for an 8.8 metre Service
Vehicle.
Length of access is greater

than 200 metres Passing bays must be provided at least every 200 metres.
Passing bays must be a minimum of 20 metres long with a minimum

trafficable width of 6 metres.
Note 1: The length of access should be measured from a public road to either the building or the water supply
outlet, whichever is longer.
Table 6 Vegetation management requirement
Vegetation management requirement
Defendable space is provided and is managed in accordance with the following requirements:
Grass must be short cropped and maintained during the declared fire danger period.
All leaves and vegetation debris must be removed at regular intervals during the declared fire danger
period.
Within 10 metres of a building, flammable objects must not be located close to the vulnerable parts of
the building.
Plants greater than 10 centimetres in height must not be placed within 3 metres of a window or glass
feature of the building.
Shrubs must not be located under the canopy of trees.
Individual and clumps of shrubs must not exceed 5 square metres in area and must be separated by
at least 5 metres.
Page 838 of 1195

Vegetation management requirement
Trees must not overhang or touch any elements of the building.
The canopy of trees must be separated by at least 5 metres.
There must be a clearance of at least 2 metres between the lowest tree branches and ground level.
Unless specified in a schedule or otherwise agreed in writing to the satisfaction of the relevant fire authority.
Table 7 Outbuilding construction requirement
Building construction condition
The proposed outbuilding is separated from the adjacent building by a wall that extends to the underside
of a non-combustible roof covering and:
has a FRL of not less than 60/60/60 for loadbearing walls and -/60/60 for non-load bearing walls when
tested from the attached structure side, or
is of masonry, earth wall or masonry-veneer construction with the masonry leaf of not less than 90
millimetres in thickness.
Any openings in the wall shall be protected in accordance with the following:
i. Doorways – by FLR -/60/30 self-closing fire doors
ii. Windows – by FRL -/60/- fire windows permanently fixed in the closed position
iii. Other openings – by construction with a FRL of not less than -/60/-
Note: Control and construction joints, subfloor vents, weepholes and penetrations for pipes and conduits
need not comply with Item iii.
Note 1: These conditions are required for some non habitable outbuildings ancillary to a dwelling that do not
require referral to the relevant 昀椀re authority. Applications for non habitable outbuildings can also use
the bush昀椀re protection measures in Clause 53.02 however referral to the relevant 昀椀re authority will be
required.
Page 839 of 1195

53.03 RESIDENTIAL RETICULATED GAS SERVICE CONNECTION

01/01/2024
VC250
Purpose
To prohibit residential reticulated gas connections to new dwellings, new apartment developments
and new residential subdivisions.
53.03-1 Application
01/01/2024
VC250 This clause applies to an application for a permit under any provision of this scheme that is for or
includes:
construction of a new dwelling (other than a caretaker’s house) or a new apartment development.
the subdivision of land where the subdivision provides for or is for one or more purposes that
include residential development.
This clause does not apply to an application for a permit that is solely for:
the alteration or extension of an existing dwelling or apartment development.
the subdivision of land or a building to create lots each containing an existing dwelling or
apartment.
the subdivision of land or a building to create lots each of which are intended to contain a
dwelling or an apartment authorised by a planning permit that has been issued for the land.
53.03-2 Building and works requirement

01/01/2024
VC250 A permit must not be granted for construction of a new dwelling or a new apartment development
that is to be connected to a reticulated gas service.
A permit granted for buildings and works in relation to an application to which this clause applies
must include the following mandatory condition(s) as relevant:
For a dwelling:
"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."
For an apartment development:
"Any new apartment development 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."
53.03-3 Subdivision requirement

01/01/2024
VC250 A permit must not be granted for a subdivision that includes a lot that is to be connected to a
reticulated gas service. This does not apply to:
a lot that will not be used for, or include, a dwelling; or
a lot that contains an existing dwelling or apartment; or
a lot where a permit has been granted for a dwelling or apartment on the land in the lot.
A permit granted for subdivision in relation to an application to which this clause applies must
include the following mandatory condition:
"Any lot shown on the endorsed plan must not be connected to a reticulated gas service (within
the meaning of clause 53.03 of the relevant planning scheme). This does not apply to:
a lot that will not be used for, or include, a dwelling; or
Page 840 of 1195

a lot that contains an existing dwelling or apartment; or

a lot where a permit has been granted for a dwelling or apartment on the land in the lot.
This condition continues to have force and effect after a statement of compliance under the
Subdivision Act 1988 has been issued and the subdivision authorised by this permit has been
completed."

01/01/2024
VC250 An application for a permit to which this clause applies must, in addition to those application
requirements speci昀椀ed elsewhere in the scheme, be accompanied by details of the proposed energy
provision other than a connection to a reticulated gas service, as appropriate, to the satisfaction of

01/01/2024
VC250 The requirements of this clause introduced by Amendment VC250 do not apply to:
An application lodged before the approval date of Amendment VC250.
An application for an amendment to a permit under section 72 of the Act with respect to a
permit issued in accordance with the above transitional provision.
53.03-6 Definitions
01/01/2024
Connected to a reticulated gas service means:
In the case of a building, reticulated natural gas is directly supplied to the building. This does
not include lique昀椀ed petroleum gas (LPG).
In the case of a subdivision for residential purposes, reticulated natural gas is directly supplied
to a lot. This does not include lique昀椀ed petroleum gas (LPG).
New dwelling means:
A new building, buildings, or part of a building, constructed to be used as a dwelling (other
than a caretaker’s house) not including the alteration or extension of an existing dwelling.
A new building, buildings, or part of a building, connected to an existing dwelling and
constructed to be used as a separate dwelling (other than a caretaker’s house), provided the use
does not incorporate any part of what was the gross 昀氀oor area (excluding external or party
walls) of the existing dwelling.
A new outbuilding or swimming pool associated with an existing or proposed dwelling, provided
it is not within the gross 昀氀oor area (excluding external or party walls) of an existing dwelling.
It does not include a new apartment development.
New apartment development means a new building, buildings, or part of a building, constructed
to contain one or more apartments, whether or not any other use is provided for, but does not
include the extension or alteration of, or the addition of new apartments to, an existing apartment
development.
Page 841 of 1195

53.04 CONVENIENCE RESTAURANT AND TAKE-AWAY FOOD PREMISES

31/07/2018
VC148
53.04-1 Application
31/07/2018
VC148 These requirements only apply to land in a residential zone.

20/01/2022
VC205 Before deciding on an application to use land for a convenience restaurant or take-away food
premises or to construct a building or construct or carry out works associated with a convenience
restaurant or take-away food premises, in addition to the decision guidelines in Clause 65, the
Any policy in this scheme relating to convenience restaurants or take-away food premises.
Whether the location is appropriate for a convenience restaurant or take-away food premises
having regard to:
– Amenity of the neighbourhood.
– Proximity of the land to non-residential uses and zones.
– Effect of the use on heritage and environment features.
– Capacity of the land to contain signi昀椀cant off-site effects.
– Access to land in a Transport Zone 2 or Transport Zone 3.
– The suitability of the land for a residential use.
The effect on the amenity or character of the street or neighbourhood having regard to:
– Massing and proportions of any building.
– Ground 昀氀oor height above ground level.
– Ceiling heights.
– Roof form and pitch.
– Facade articulation.
– Window and door proportions.
– Building features including verandas, towers, eaves, parapets and decorative elements.
– Building materials, patterns textures and colours.
Whether the site layout and the design of buildings, noise attenuation measures, landscaping,
car parking, vehicle access lanes, loading bays, rubbish bins, plant and equipment, lights, signs,
drive through facilities and playgrounds are designed to prevent signi昀椀cant loss of amenity to
adjoining land due to noise, emission of noise, emission of light or glare, loss of privacy, litter
or odour.
Whether any special measure may be necessary to protect the amenity of adjoining land in
residential use, including buffer planting, noise attenuation measures and litter collection
arrangements.
The adequacy of traf昀椀c measures to:
– Provide safe pedestrian movement.
– Achieve safe, ef昀椀cient vehicle movement on site and access to and egress from the land.
Page 842 of 1195

– Avoid disruption to traf昀椀c 昀氀ow on land in a Transport Zone 2 or Transport Zone 3.

– Prevent inappropriate use of local residential streets.
The adequacy of car parking, loading and drive through queuing spacing to accommodate
customers at peak periods and employee requirements on the land.
Page 843 of 1195

53.05 FREEWAY SERVICE CENTRE

14/05/2021
VC198
Purpose
To ensure that freeway service centres are appropriately designed and located.
To ensure that access to a freeway service centre from a freeway is designed to the requirements
of the Head, Transport for Victoria.
To ensure that freeway service centres with access to a rural freeway provide only essential services
and facilities which encourage drivers to stop and take an effective break at appropriate intervals
in the interests of driver safety.
To ensure that any new freeway service centre meets an identi昀椀able need to provide essential
services and facilities along a freeway where those services and facilities are not readily available.
To ensure that the use of land for a freeway service centre does not adversely affect the amenity
of surrounding land uses.

14/08/2023
VC236
Facilities and services
A freeway service centre must provide only essential services and facilities. These essential services
and facilities must be available at all times. Essential services and facilities that a freeway service
centre must include are:
Designated parking areas.
Undercover fuel sales area.
An area of not more than 240 square metres for the sale of food, drinks and other convenience
goods.
An indoor sit-down eating area.
A safe play area for children.
Public toilets.
A public telephone.
A freeway service centre with access to a rural freeway must also provide local and regional tourist
information.
A freeway service centre must not include:
Mechanical repairs (other than the emergency repair of vehicles).
Retail facilities of more than 240 square metres.
Video hire.
Post of昀椀ce services or facilities.
Entertainment facilities, amusement machines or gaming machines.
The sale, distribution or consumption of alcohol unless associated with a residential hotel/motel.
Car or truck wash facilities.
A freeway service centre with access to a rural freeway must not include overnight accommodation
(other than for a caretaker or site manager).
Access to freeway service centres

No vehicular access between a freeway service centre with access to a metropolitan freeway and
the local road network may be permitted.
Page 844 of 1195

An application to use or develop land for a freeway service centre must be referred under section
55 of the Act to the person or body speci昀椀ed as the referral authority in Clause 66.02.
A permit must not be granted for a freeway service centre until approval for access to the freeway
has been given by the person or body speci昀椀ed as the referral authority in Clause 66.02.
In accordance with section 62(1)(a) of the Act, a permit granted for a freeway service centre must
include the condition:
“This permit will expire if one of the following circumstances applies:
The development is not commenced within two years of the date of this permit.
The development is not completed within four years of the date of this permit.
the permit expires or within three months afterwards.”
Metropolitan freeway service centre adjoining a residential zone

If the site for a freeway service centre with access to a metropolitan freeway adjoins a residential
zone:
A landscape buffer at least 3 metres wide must be provided on the site along the common
boundary and must be planted and maintained to the satisfaction of the responsible authority.
Except for the landscape buffer strip, all of the site not occupied by buildings must be sealed
to prevent dust.
External lights must be directed away from the residential zone to prevent light spill and glare.

31/07/2018
The Freeway Service Centres Design Guidelines, May 1997.
Page 845 of 1195

53.06 LIVE MUSIC ENTERTAINMENT VENUES

28/09/2020
VC183
Purpose
To recognise that live music is an important part of the State’s culture and economy.
To encourage the retention of existing and the development of new live music entertainment
venues.
To protect live music entertainment venues from the encroachment of noise sensitive residential
uses.
To ensure that noise sensitive residential uses are satisfactorily protected from unreasonable levels
of live music and entertainment noise.
To ensure that the primary responsibility for noise attenuation rests with the agent of change.
53.06-1 Application
28/09/2020
VC183 This clause applies to an application required under any zone of this scheme to use land for, or to
construct a building or construct or carry out works associated with:
A live music entertainment venue.
A noise sensitive residential use that is within 50 metres of a live music entertainment venue.
A noise sensitive residential use that is in an area speci昀椀ed in clause 1.0 of the schedule to this
clause
The extension of an existing dwelling.
A noise sensitive residential use that is in an area speci昀椀ed in clause 2.0 of the schedule to this
clause.

14/12/2023
live music entertainment venue means:
– a food and drink premises, nightclub, function centre or residential hotel that includes live
music entertainment
– a rehearsal studio
– any other venue used for the performance of music and speci昀椀ed in clause 3.0 of the schedule
to this clause, subject to any speci昀椀ed condition or limitation.
noise sensitive residential use means a community care accommodation, dwelling, residential
aged care facility, residential village, retirement village, rooming house or small second dwelling.

04/05/2022
VC210 A live music entertainment venue must be designed, constructed and managed to minimise noise
emissions from the premises and provide acoustic attenuation measures that would protect a noise
sensitive residential use within 50 metres of the venue.
A noise sensitive residential use must be designed and constructed to include acoustic attenuation
measures that will reduce noise levels from any:
Page 846 of 1195

Indoor live music entertainment venue to below the noise limits speci昀椀ed in the Environment
Protection Regulations under the Environment Protection Act 2017 and the incorporated Noise
Protocol (Publication 1826, Environment Protection Authority, November 2020)
Outdoor live music entertainment venue to below 45dB(A), assessed as an Leq over 15 minutes.
For the purpose of assessing whether the above noise standards are met, the noise measurement
point may be located inside a habitable room of a noise sensitive residential use with windows
and doors closed (consistent with EPA Publication 1826).
A permit may be granted to reduce or waive these requirements if the responsible authority is
satis昀椀ed that an alternative measure meets the purpose of this clause.

28/09/2020
A site analysis, including plans detailing:
– the existing and proposed layout of the use, buildings or works, including all external
windows and doors
– the location of any doors, windows and open space areas of existing properties in close
proximity to the site.
If the application is associated with a noise sensitive residential use:

– the location of any live music entertainment venues within 50 metres of the site
– the days and hours of operation of identi昀椀ed venues.
If the application is associated with a live music entertainment venue:

– the location of any noise sensitive residential uses within 50 metres of the site
– the days and hours of operation of that venue
– the times during which live music will be performed.
Details of existing and proposed acoustic attenuation measures.

An assessment of the impact of the proposal on the functioning of live music venues.

28/09/2020
The extent to which the siting, layout, design and construction minimise the potential for noise
impacts.
Whether existing or proposed noise sensitive residential uses will be satisfactorily protected
from unreasonable live music and entertainment noise.
Whether the proposal adversely affects any existing uses.
The social and economic signi昀椀cance of an existing live music entertainment venue.
The impact of the proposal on the functioning of live music venues.
Page 847 of 1195

18/02/2021
GC175
SCHEDULE TO CLAUSE 53.06 LIVE MUSIC ENTERTAINMENT VENUES
1.0 Areas to which Clause 53.06 does apply

04/05/2022
VC210
Name of area Description
None specified
2.0 Areas to which Clause 53.06 does not apply

04/05/2022
VC210
Name of area Description
None specified
3.0 Other venues to which Clause 53.06 applies

04/05/2022
VC210
Name of venue Address Condition or limitation
None specified
Page 848 of 1195

53.07 SHIPPING CONTAINER STORAGE

31/07/2018
VC148
Application
This clause applies to all land except land which is in a Special Use Zone established for the
purpose of port and port-related activities, or is in a Port Zone.

20/01/2022
VC205 Before deciding on an application to use land for shipping container storage, or construct a building
or construct or carry out works associated with shipping container storage, in addition to the
decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
Whether the location is appropriate for shipping container storage having regard to:
– The zoning of the land.
– Amenity of the neighbourhood.
– Proximity of the land to residential uses and zones or other sensitive uses.
– Access to a road in a Transport Zone 2 or a Transport Zone 3.
– Access to rail facilities.
– Capacity and suitability of the road network to accommodate the type and volume of vehicle
traf昀椀c generated by the use.
– Capacity of the site to accommodate the proposed use.
The effect on the environment and the amenity and character of the neighbourhood having
regard to:
– Existing and planned use of land in the neighbourhood.
– Location, height and setback of shipping container stacks, particularly near road boundaries.
– Location of facilities for the cleaning, repair, servicing, painting or fumigation of shipping
containers.
– Hours of operation.
– Design, construction and maintenance of external storage and vehicle movement areas.
– Treatment and disposal of wastewater.
Whether the site layout and the design of buildings, landscaping, vehicle access lanes, loading
bays, wash bays, lighting and fencing are designed to avoid or minimise any signi昀椀cant off-site
impacts due to the emission of noise, light, glare, dust, fumes or drainage.
Whether any special measure may be necessary to protect the environment and the amenity of
nearby sensitive uses, including noise attenuation measures, dust minimisation measures and
waste storage arrangements.
The need for landscaping and fencing to screen or soften the appearance of shipping container
storage areas, particularly near road boundaries.
The adequacy and effect of the landscaping on the appearance of the site, taking into account
the streetscape character, the size of the site, and the height, mass and scale of shipping container
stacks on the site.
The adequacy of traf昀椀c measures to:
Page 849 of 1195

– Achieve safe, ef昀椀cient vehicle movement on site and access to and egress from the land.
– Prevent inappropriate use of local residential streets.
The adequacy of truck parking, loading and truck queuing spacing to accommodate truck
movements at peak periods and employee requirements on the land.
Page 850 of 1195

53.08 CATTLE FEEDLOT

31/07/2018
VC148
Purpose
To facilitate the establishment and expansion of cattle feedlots in Victoria in a manner which is
consistent with orderly and proper planning and the protection of the environment.

31/07/2018
VC148 All use and development of cattle feedlots must comply with the Victorian Code for Cattle Feedlots
- August 1995.
The Code must be complied with to the satisfaction of the responsible authority.
Page 851 of 1195

53.09 POULTRY FARM

11/04/2019
VC156
Purpose
To facilitate the establishment and expansion of poultry farms, including broiler farms, in a manner
that is consistent with orderly and proper planning and the protection of the environment.
53.09-1 Application
21/09/2018
VC150 This clause applies to permit applications to use land or construct a building or construct or carry
out works for a poultry farm, including to increase the farm capacity of an existing poultry farm.
53.09-2 Permit not required – Outdoor range area for existing broiler farm
21/09/2018
VC150 Any requirement of this scheme relating to the use of land or to the construction of a building or
the construction or carrying out of works does not apply to the use and development of land for
an outdoor range area in association with an existing broiler farm provided the following
There are no more than 150,000 chickens permitted on the land at any time.
The number of chickens on the land is not increased.
This exemption does not apply to the requirements of any overlay that applies to the land.
53.09-3 Requirement – Broiler farm

21/09/2018
VC150 An application to use land or construct a building or construct or carry out works for a broiler farm
must comply with the Victorian Code for Broiler Farms 2009 (plus 2018 amendments).
This requirement does not apply if:
There are no more than 10,000 chickens permitted on the land at any time; or
The number of chickens on the land is not increased.

11/04/2019
VC156 The following applications are exempt from the notice requirements of section 52 (1)(a), (b) and
of the Act:
An application to use land or construct a building or construct or carry out works for a new
broiler farm, or to increase the farm capacity of an existing broiler farm, if the application meets
the requirements of a “Class A Broiler Farm”, as speci昀椀ed in the Victorian Code for Broiler
Farms 2009 (plus 2018 amendments).
An application to use land or construct a building or construct or carry out works for a poultry
farm for the production of chicken meat or chicken eggs, if the application meets the following
requirements:
– The number of chickens does not exceed 5,000 for egg production or 10,000 for meat
production.
– The outdoor stocking density does not exceed 1,500 chickens per hectare.
– A Nutrient Management Plan demonstrates chickens are kept outdoors on paddocks with:
A minimum of 50% ground cover; and
Mobile housing and feeding infrastructure that is relocated at least every two weeks.
– An area used as a poultry range, including associated buildings and works, meets the setback
requirements speci昀椀ed in Table 1.
Page 852 of 1195

Table 1 Minimum setbacks
Minimum distance to a
building used for a
sensitive Minimum distance to land in
Chicken numbers
use (accommodation, child a residential zone
care centre, education
centre and hospital)
1,000 chickens or less 50 metres 200 metres
More than 1,000 chickens 100 metres 400 metres
53.09-5 Notice of an application

21/09/2018
VC150 Notice of an application to use or develop land to establish a new broiler farm, or to increase the
farm capacity of an existing broiler farm, that meets the requirements of a Special Class Broiler
Farm or Farm Cluster as speci昀椀ed in the Victorian Code for Broiler Farms 2009 (plus 2018
amendments), must be given under Section 52(1)(c) of the Act to the person or body speci昀椀ed as
a person or body to be noti昀椀ed in Clause 66.05.

21/09/2018
VC150 Before deciding on an application to use land or construct a building or construct or carry out
works, in addition to the decision guidelines in Clause 65, the responsible authority must consider,
as appropriate:
The purpose of the relevant zone.
The need to protect amenity of existing uses on adjoining land.
The impact of the use of the land on the surrounding area, including from the emission of noise,
light, vibration, odour, dust, or waste products.
The impact of the proposal on any wetlands, waterways or water bodies.
The likely environmental impact on the natural physical features and biodiversity of the land,
including consideration of any Nutrient Management Plan submitted with the application.
Whether the development will support and enhance agricultural production.
The requirements of the Victorian Low Density Mobile Outdoor Poultry Farm Planning Permit
Guidelines (June 2018).
Page 853 of 1195

53.10 USES AND ACTIVITIES WITH POTENTIAL ADVERSE IMPACTS

26/05/2020
VC175
Purpose
To identify those types of uses and activities, which if not appropriately designed and located,
may cause offence or unacceptable risk to the neighbourhood.
53.10-1 Threshold distance

26/09/2023
VC246 The threshold distance referred to in the table to this clause is the shortest distance from any part
of the land to:
land (not a road) in an Activity Centre Zone, Capital City Zone, Commercial 1 Zone, Docklands
Zone, residential zone or Rural Living Zone; or
land used for a hospital, an education centre or a corrective institution; or
land in a Public Acquisition Overlay to be acquired for a hospital, an education centre or a
An application to use land for an industry, utility installation or warehouse for a purpose listed in
the table to this clause must be referred to the Environment Protection Authority under section 55
of the Act if the threshold distance is not to be met or no threshold distance is speci昀椀ed.
Table to Clause 53.10-1
Type of use or activity (purpose) Threshold distance

(metres)
Basic metal products
Iron or steel production:
up to 1,000,000 tonnes per year 500
exceeding 1,000,000 tonnes per year 1,000
Non-ferrous metal production:
up to 100 tonnes per year 100
between 100 and 2,000 tonnes per year 300
exceeding 2,000 tonnes per year 500
aluminium by electrolysis 2,000
Chemical, petroleum and coal products
Ammunition, explosives and fireworks production 1,000
Biocides production and storage 1,000
Briquette production 300
Chemical product manufacture other than listed within this group 300
Coke processing 500
Cosmetics and toiletries production 100
Page 854 of 1195


(metres)
Fertiliser production 1,000
Gasworks 1,000
Industrial gases production 1,000
Organic and inorganic industrial chemicals production other than those listed 2,000
within this group
Other petroleum or coal production 500
Paints and inks manufacture, blending and mixing exceeding 2,000 tonnes per 500
year
Petroleum refinery 2,000
Pharmaceutical and veterinary chemical production 1,000
Polyester and synthetic resins production, exceeding 2,000 tonnes per year 1,000
Rubber production:
synthetic rubber, exceeding 2,000 tonnes per year 1,000
using either organic solvents or carbon black 300
using sulphur 1,000
Soap and detergent production 500
Fabricated metal products
Abrasive blast cleaning 500
Boiler maker 100
Metal coating and finishing 500
Structural or sheet metal production 500
Food and beverages
Alcoholic and non-alcoholic beverage production, exceeding 5,000 litres per 500
day
Animal processing 1,000
Bakery (other than one ancillary to a shop):
exceeding 200 tonnes per year 100
night-time operations, exceeding 200 tonnes per year 500
Flour mill, exceeding 200 tonnes per year 250
Food production other than those listed within this group:
Page 855 of 1195


(metres)
including frying, drying or roasting, exceeding 200 tonnes per year 500
Grain and stockfeed mill and handling facility
with meat meals or tallow 500
no meat meals or tallow 250
Maltworks, exceeding 200 tonnes per year 500
Manufacture of milk products, exceeding 200 tonnes per year 300
Milk depot 100
Pet food production 500
Production of vegetable oils and animal fats using solvents, exceeding 200 500
tonnes per year
Seafood processor, exceeding 200 tonnes per year 500
Smallgoods production:
including smoking and drying, exceeding 200 tonnes per year 500
Miscellaneous manufacturing
Printing and coating works with heated curing ovens 500
Rendering and casings works 1,000
Non-metallic mineral products
Bitumen batching plant 1,000
Cement production in amounts:
up to 5,000 tonnes per year 300
between 5,000 and 150,000 tonnes per year 500
exceeding 150,000 tonnes per year 1,000
Cement, lime, clay bricks, tiles and pipe refractories, with a design production 500
rate exceeding 10,000 tonnes per year:
Concrete batching plant, with a production rate exceeding 5,000 tonnes per 300
year
Glass and glass production including glass wool and fibreglass 500
Plaster or plaster articles production, exceeding 5,000 tonnes per year 200
Rock wool manufacture 500
Page 856 of 1195


(metres)
Solar salt manufacture 1,000
Other premises
Automotive body, paint and interior repair 100
Rural industry handling, processing or packing agricultural produce 300
Paper and paper products
Paper or paper pulp production:
involving combustion of sulphur or sulphur containing materials 5,000
from semi-processed materials 100
from prepared cellulose and rags 200
by other methods than above None specified
Recreational, personal and other services
Dry cleaning for commercial and institutional customers, or in bulk quantities 100
Laundry for commercial and institutional customers, or in bulk quantities 100
Textiles
Carpet backing with latex 500
Dyeing or finishing of cotton, linen and woollen yarns and textiles 300
Leather and artificial leather goods production 300
Leather tanning and dressing:
up to 250 tonnes per year 300
exceeding 250 tonnes per year 2,000
Rope, cordage and twine production 100
Treatment or production of natural and synthetic fibres and textiles 1,000
Treatment or production of textiles using carbon disulphide 500
Wool scouring 200
Transport and storage
Bus depot 200
Depot for refuse collection vehicles 100
Storage of bulk volatile organic compounds in quantities greater than 1,000 1,000
tonnes
Page 857 of 1195


(metres)
Storage of petroleum products and crude oil in tanks exceeding 2,000 tonnes
capacity:
with fixed roofs 300
with floating roofs 100
Storage of wet-salted or unprocessed hides 250
Waste, recycling and resource recovery
Chemical or oil recycling 1,000
Combustion, treatment or bio-reaction of waste to produce energy None specified
Composting and other organic materials recycling None specified
Container deposit scheme centre exceeding 1,000 square metres gross floor 200
area
Hazardous waste storage or treatment 1,000
Landfill None specified
Other recourse recovery or recycling operations None specified
Soil conditioning or blending None specified
Transfer station (other than Automated collection point and Container deposit
scheme centre):
accepting organic wastes 500
other 200
Used plastics treatment or processing 500
Waste tyre recycling and re-treading 1,000
Vehicle recycling or disposal 500
Water and wastewater
Sewage treatment plant, exceeding a design or actual flow rate of 5,000 litres None specified
per day
Water treatment plant None specified
Wood, wood products and furniture
Charcoal production:
by the retort process 500
other than by the retort process 1,000
Joinery 100
Page 858 of 1195


(metres)
Sawmill, wood products and furniture 500
Wood preservation plant:
up to 10,000 cubic metres of timber per year 100
exceeding 10,000 cubic metres of timber per year 300
Page 859 of 1195

53.11 TIMBER PRODUCTION

31/07/2018
VC148
53.11-1 Timber production on Crown land

31/07/2018
VC148 Any requirement of this scheme which:
requires timber production to be conducted in a particular way
requires that a permit be obtained to use or develop land for timber production or to carry out
timber production in a particular way
requires that some aspect of timber production be carried out to the satisfaction of the responsible
authority
does not apply to timber production on unalienated land of the Crown managed and controlled by
the Minister responsible for administering the Forests Act 1958 and the Sustainable Forests
(Timber) Act 2004, or the Secretary to the Department of Environment, Land, Water and Planning
(as constituted under Part 2 of the Conservation, Forest and Lands Act 1987), whether or not
occupied under a licence or other right. All requirements of this scheme apply to Crown land which
has been leased.
53.11-2 Timber production to comply with the Code of Practice for Timber Production
20/03/2023
VC229 All timber production activities (except agroforestry (the simultaneous and substantial production
of forest and other agricultural products from the same land unit), windbreaks and commercial
plantations of 5 hectares or less) must comply with the Code of Practice for Timber Production
2014 (as amended 2022) (Department of Environment, Land, Water and Planning, 2022). In
accordance with Section 6(4A) of the Planning and Environment Act 1987, this applies whether
the use of land for timber production is commenced before or after the coming into effect of this
requirement.
The Code must be complied with to the satisfaction of the responsible authority.
A permit may require that matters required by the Code must be done to the satisfaction of the
responsible authority or a Minister, public authority or referral authority, and may require the
responsible authority to seek comments from any other person or authority before making a decision.
53.11-3 Road repairs

31/07/2018
VC148 After a Timber Harvesting Plan is lodged with the responsible authority under the Code and before
the commencement of harvesting operations, the responsible authority, in consultation with the
forest owner or manager, must establish the condition of any roads which are proposed to be used
as a cartage route.
The forest owner or manager must advise the responsible authority when harvesting operations
are complete. After receiving this advice, the responsible authority, in consultation with the forest
owner or manager, must establish the condition of any roads which were used as a cartage route.
It is the responsibility of the forest owner or manager to restore any roads which were used as a
cartage route to the same condition that they were in before the commencement of harvesting
operations to the extent of any damage caused as a result of the harvesting operations.
The cartage of timber associated with harvesting operations is extraordinary traf昀椀c for the purpose
of Section 112 of the Road Management Act 2004.

31/07/2018
VC148 Before deciding on an application to use or develop land for timber production, in addition to the
decision guidelines in Clause 65, the responsible authority must consider:
Page 860 of 1195

The need to encourage plantation establishment and timber production in locations where it is
of signi昀椀cance to national, state and regional economies, and in areas affected by salinity and
other forms of land degradation.
The role of native forest and plantations in:
– Protecting water quality.
– Conserving 昀氀ora and fauna.
– Preventing land degradation, including soil erosion, salinisation and water logging.
– Preventing adverse effects on groundwater recharge.
The preservation of and impact on the natural environment, cultural heritage and visual amenity.
Whether it is appropriate to require environmental protection standards greater than those in
the Code.
Page 861 of 1195

53.12 RACING DOG HUSBANDRY

08/08/2019
VC159
Purpose
To ensure the use and development of land for racing dog husbandry is consistent with orderly
and proper planning.
53.12-1 Requirement
08/08/2019
VC159 An application to use land, or construct a building or construct or carry out works, for racing dog
husbandry under a provision of a rural zone must comply with Planning requirements for racing
dog keeping and training (Department of Environment, Land, Water and Planning, August 2017).
This requirement does not apply to an application to construct a building or construct or carry out
works associated with a use that is a Section 1 use in the Table of uses of the zone.

31/07/2018
VC148 An application to which the requirement in Clause 53.12-1 applies is exempt from the notice
requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and
(3) and the review rights of section 82(1) of the Act if the approved measures speci昀椀ed in Planning
requirements for racing dog keeping and training (Department of Environment, Land, Water and
Planning, August 2017) are met.
Page 862 of 1195

53.13 RENEWABLE ENERGY FACILITY (OTHER THAN WIND ENERGY FACILITY)

17/09/2019
VC161
Purpose
To facilitate the establishment and expansion of renewable energy facilities, in appropriate locations,
with minimal impact on the amenity of the area.
53.13-1 Application
17/09/2019
VC161 This clause applies to an application under any provision of this planning scheme to use or develop
land for a renewable energy facility (other than a wind energy facility).

01/07/2021
A site and context analysis, including:
– A site plan, photographs or other techniques to accurately describe the site and the
surrounding area.
– A location plan showing the full site area, local electricity grid, access roads to the site and
direction and distance to nearby accommodation, hospital or education centre.
A design response, including:

– Detailed plans of the proposed development including, the layout and height of the facility
and associated building and works, materials, re昀氀ectivity, colour, lighting, landscaping, the
electricity distribution starting point (where the electricity will enter the distribution system),
access roads and parking areas.
– Accurate visual simulations illustrating the development in the context of the surrounding
area and from key public view points.
– The extent of vegetation removal and a rehabilitation plan for the site.
– Written report and assessment, including:
An explanation of how the proposed design derives from and responds to the site analysis.
A description of the proposal, including the types of process to be utilised, materials to
be stored and the treatment of waste.
Whether a Development Licence, Operating Licence, Permit or Registration is required
the potential amenity impacts such as noise, glint, light spill, emissions to air, land or
water, vibration, smell and electromagnetic interference.
the effect of traf昀椀c to be generated on roads.
the impact upon Aboriginal or non-Aboriginal cultural heritage.
the impact of the proposal on any species listed under the Flora and Fauna Guarantee
Act 1988 or Environment Protection and Biodiversity Conservation Act 1999.
A statement of why the site is suitable for a renewable energy facility including, a
calculation of the greenhouse bene昀椀ts.
An environmental management plan including, a construction management plan, any
rehabilitation and monitoring.
Page 863 of 1195


28/10/2022
The effect of the proposal on the surrounding area in terms of noise, glint, light spill, vibration,
smell and electromagnetic interference.
The impact of the proposal on signi昀椀cant views, including visual corridors and sightlines.
The impact of the proposal on strategically important agricultural land.
The impact of the proposal on the protection of declared irrigation districts.
The impact of the proposal on the natural environment and natural systems.
The impact of the proposal on the road network.
Solar Energy Facilities Design and Development Guideline (Department of Environment, Land,
Water and Planning, October 2022).
53.13-4 Amendment VC161 transitional provisions

17/09/2019
VC161 Clauses 19.01-2S and 53.13 of this planning scheme, as in force immediately before the approval
date of Amendment VC161, continue to apply to an application to use or develop land for a
renewable energy facility (other than a wind energy facility) lodged before the approval date of
Amendment VC161.
Clauses 14.02-3S and 66.02-12 of this planning scheme do not apply to an application to use or
develop land for a renewable energy facility (other than a wind energy facility) lodged before the
approval date of Amendment VC161.
Page 864 of 1195

53.14 RESOURCE RECOVERY

31/07/2018
VC148
Purpose
To facilitate the establishment and expansion of a Transfer station and/or a Materials recycling
facility in appropriate locations with minimal impact on the environment and amenity of the area.
53.14-1 Application
31/07/2018
VC148 This clause applies to all land used and developed or proposed to be used and developed for:
A Transfer station;
A Materials recycling facility.

01/07/2021
VC203 An application must be accompanied by the following information:
A location plan showing the site and surrounding uses including distances to nearby sensitive
uses such as residential, hospital or education uses.
A detailed site plan showing the layout and height of buildings and works, materials, re昀氀ectivity,
colour, lighting, landscaping, access roads and parking areas.
Plans or other media showing anticipated views of the facility from sensitive use locations.
A written report(s) including:
– Identi昀椀cation of the purpose of the use.
– A description of the proposal including the materials to be processed, the types of processes
to be used and any materials to be stored and handled.
– Proposed hours of operation.
– Likely traf昀椀c generation including heavy vehicles.
An assessment of:
– Potential amenity impacts such as noise, odour, emissions to air, land or water, vibration,
dust, light spill, visual impact.
– The impact of traf昀椀c generation on local roads.

31/07/2018
VC148 Before deciding on an application, in addition to the Decision Guidelines of Clause 65, the
responsible authority must consider:
The contribution of the proposal to achieving resource recovery targets established by the
Victorian Government.
The impact of the proposal on the amenity of the surrounding area.
The Statewide Waste and Resource Recovery Infrastructure Plan (Sustainability Victoria, 2015).
Any Regional Waste and Resource Recovery Implementation Plan including the Metropolitan
Waste and Resource Recovery Implementation Plan (Metropolitan Waste and Resource Recovery
Group, 2016).
Page 865 of 1195

Relevant guidelines applicable to the application including the guideline for Designing,
Constructing and Operating Composting Facilities (Environmental Protection Authority, 2015),
the Guide to Best Practice for Organics Recovery (Sustainability Victoria, 2009) and the Guide
to Best Practice at Resource Recovery Centres (Sustainability Victoria, 2009).
Page 866 of 1195

53.15 STATEMENT OF UNDERLYING PROVISIONS

31/07/2018
VC148
Purpose
To specify the planning scheme provisions which would have applied to land reserved for a public
purpose pursuant to section 6(2)(i) of the Planning and Environment Act 1987 if the land had not
been reserved for that purpose.
53.15-01 Application
31/07/2018
VC148 In relation to any land identi昀椀ed in the schedule to this clause, the provisions of the planning
scheme which would have applied to that land if it had not been reserved for a public purpose are
the provisions which are contained in the relevant incorporated document, also identi昀椀ed in the
schedule to this clause.
The incorporated document may contain some or all of the provisions which would have applied
to the relevant land under this scheme if the land had not been reserved for a public purpose.
The incorporated document may also contain a statement or explanation of the strategic basis for
those provisions. Alternatively, the incorporated document may make reference to a separate
document, not forming part of the incorporated document, which contains a statement or explanation
of the strategic basis for those provisions.
Page 867 of 1195

31/07/2018
VC148
SCHEDULE TO CLAUSE 53.15 STATEMENT OF UNDERLYING PROVISIONS
1.0 Incorporated statement

31/07/2018
VC148
Land Incorporated Document
Page 868 of 1195

53.16 PIG FARM

11/04/2019
VC156
Purpose
To facilitate the establishment and expansion of pig farms in a manner that is consistent with
orderly and proper planning and the protection of the environment.
53.16-1 Application
21/09/2018
VC150 This clause applies to permit applications to use land or construct a building or construct or carry
out works for a pig farm, including to increase the farm capacity of an existing pig farm.

04/05/2022
VC210 An application to use land or construct a building or construct or carry out works for a pig farm
is exempt from the notice requirements of section 52 (1)(a), (b) and (d), the decision requirements
of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act if the following
The number of pigs does not exceed 150 sows or 1,000 Standard Pig Units as calculated in
Table 1.
The outdoor stocking density does not exceed 12 Standard Pig Units per hectare as calculated
in Table 1.
A Nutrient Management Plan demonstrates pigs are kept outdoors on paddocks with:
– A minimum of 50% ground cover; and
– Mobile housing and feeding infrastructure that is relocated at least every three months.
Any area used as a pig range, including associated buildings and works, is setback a minimum
distance of:
– 100 metres from a building used for a sensitive use (accommodation, a child care centre,
an education centre or a hospital), and
– 400 metres from land in a residential zone.
Table 1 Standard Pig Unit conversion factors
Pig Class Mass Range Age Range SPU Factor

(kg) (weeks)
Gilt 100 – 160 24 -30 1.8
Boar 100 – 300 24 – 128 1.6
Gestating 160 – 230 - 1.6

sow
Lactating sow 160 – 230 - 2.5
Sucker 1.4 – 8 0–4 0.1
Weaner 8 – 25 4 – 10 0.5
Grower 24 – 55 10 – 16 1.0
Finisher 55 – 100 16 – 24 1.6
Page 869 of 1195

Pig Class Mass Range Age Range SPU Factor

(kg) (weeks)
Heavy 100 – 130 24 -30 1.8

Finisher
Note: Adapted from the National Environmental Guidelines for Piggeries 2010

21/09/2018
VC150 Before deciding on an application to use land or construct a building or construct or carry out
works, in addition to the decision guidelines in Clause 65, the responsible authority must consider,
as appropriate:
The purpose of the relevant zone.
The need to protect amenity of existing uses on adjoining land.
The impact of the use of the land on the surrounding area, including from the emission of noise,
light, vibration, odour, dust, or waste products.
The impact of the proposal on any wetlands, waterways or water bodies.
The likely environmental impact on the natural physical features and biodiversity of the land,
including consideration of any Nutrient Management Plan submitted with the application.
The requirements of the Victorian Low Density Mobile Outdoor Pig Farm Planning Permit
Guidelines (June 2018).
Page 870 of 1195

53.17 RESIDENTIAL AGED CARE FACILITY

14/12/2023
VC253
Purpose
To facilitate the development of well-designed residential aged care facilities to meet existing and
future needs.
To recognise that residential aged care facilities have a different scale and built form to the
surrounding neighbourhood.
To ensure residential aged care facilities do not unreasonably impact on the amenity of adjoining
dwellings or small second dwellings.
53.17-1 Application
26/10/2018
VC152 This clause applies to an application to construct a building or construct or carry out works for a
residential aged care facility in the General Residential Zone, Mixed Use Zone, Neighbourhood
Residential Zone, Residential Growth Zone or Township Zone.

26/10/2018
VC152 An application must be accompanied by:
A site and context description.
A design response.
A landscape plan.
Site and context description

The site and context description may use a site plan, photographs or other techniques and must
include:
Site shape, size, orientation and easements.
Levels of the site and the difference in levels between the site and surrounding properties.
The location of existing buildings on the site and on adjacent properties, including the location
and height of walls built to the boundary of the site.
The use of adjacent buildings and land.
The location of secluded private open space and habitable room windows of adjacent properties
which have an outlook to the site within 9 metres.
Solar access to the site and to adjacent properties.
Any contaminated soils and 昀椀lled areas, where known.
Location of signi昀椀cant trees existing on the site and any signi昀椀cant trees removed from the site
in the 12 months prior to the application being made, where known.
Street frontage features such as poles, street trees and kerb crossovers.
Any other notable features or characteristics of the site.
If in the opinion of the responsible authority a requirement of the site and context description is
not relevant to the evaluation of an application, the responsible authority may waive or reduce the
requirement.
Design response
The design response must explain how the proposed design:
Responds to the site and context description.
Meets the requirements of this clause.
Page 871 of 1195

Landscape plan
The landscape plan must include:
Landscaping of communal open space for the enjoyment of residents and staff.
Landscaping along the boundaries of the site.
On-site management of run-off from paved areas.
Retaining signi昀椀cant trees where possible.
53.17-3 Development requirements

14/12/2023
VC253
Operation
If there is any inconsistency between a requirement in this clause and a requirement in another
provision of this planning scheme, this clause prevails.
Building height
In the Neighbourhood Residential Zone, General Residential Zone and Township Zone the
maximum building height must not exceed 16 metres.
In the Mixed Use Zone and Residential Growth Zone the maximum building height should not
exceed 16 metres.
Street setback
Walls of buildings should be set back from streets the distance speci昀椀ed in the table:
Development context Minimum setback from front street Minimum setback from a side
(metres) street (metres)
There is an existing building The average distance of the setbacks of Not applicable
on both the abutting the front walls of the existing buildings on
allotments facing the same the abutting allotments facing the front
street, and the site is not on street or 9 metres, whichever is the lesser.
a corner. This does not include a porte cochère.
There is an existing building The same distance as the setback of the Not applicable
on one abutting allotment front wall of the existing building on the
facing the same street and abutting allotment facing the front street
no existing building on the or 9 metres, whichever is the lesser. This
other abutting allotment does not include a porte cochère.
facing the same street, and
the site is not on a corner.
There is no existing building 6 metres for streets in a Transport Zone Not applicable
on either of the abutting 2 and 4 metres for other streets.
a corner.
The site is on a corner. If there is a building on the abutting Front walls of new development
allotment facing the front street, the same fronting the side street of a
distance as the setback of the front wall corner site should be setback at
of the existing building on the abutting least the same distance as the
allotment facing the front street or 9 setback of the front wall of any
metres, whichever is the lesser. This does existing building on the abutting
not include a porte cochère.
Page 872 of 1195

If there is no building on the abutting allotment facing the side street

allotment facing the front street, 6 metres or 4 metres, whichever is the
for streets in a Transport Zone 2 and 4 lesser.
metres for other streets.
Side walls of new development
on a corner site should be
setback the same distance as
the setback of the front wall of
any existing building on the
side street or 2 metres,
Side and rear setbacks

A new building not on or within 200mm of a boundary should be set back from side or rear
boundaries by 1metre, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres,
plus 1 metre for every metre of height over 6.9 metres.
Screens, sunblinds, verandahs, porches, eaves, fascias, gutters, masonry chimneys, 昀氀ues, pipes,
domestic fuel or water tanks, and heating or cooling equipment or other services may encroach
not more than 0.5 metres into the setbacks of this standard.
Page 873 of 1195

Walls on boundaries
on an abutting lot, the length of the existing or simultaneously constructed walls or carports;
constructed wall.
Daylight to existing windows

Page 874 of 1195

North-facing windows
Page 875 of 1195

Overshadowing open space

reduced.
Overshadowing solar energy systems

Buildings should be sited and designed to ensure that the performance of existing rooftop solar
energy systems on dwellings or small second dwellings on adjoining lots in a General Residential
Zone, Neighbourhood Residential Zone or Township Zone are not unreasonably reduced. The
existing rooftop solar energy system must exist at the date the application is lodged.
Overlooking
level.
window of existing dwelling or small second dwelling within a horizontal distance of 9 metres
Page 876 of 1195

Have 昀椀xed, obscure glazing in any part of the window below 1.2 metres above 昀氀oor level.
Noise impacts
Daylight to new windows

perimeter.
Site coverage
The site area covered by buildings should not exceed 80 percent.
Access
Access ways should be designed to:
Provide direct access to on-site designated areas for car and bicycle parking.
Provide direct access to the building for emergency vehicles.
Provide access for service and delivery vehicles to on-site loading bays and storage areas.
Page 877 of 1195

Ensure vehicles can enter and exit a development in a forward direction.

Provide a carriageway width of at least 5.5 metres and an internal radius of at least 4 metres at
a change of direction.
The number and location of access points from streets to the site and the design of crossovers
must be to the requirements of the relevant road authority.
Shared access ways or car parks should be located at least 1.5 metres from the windows of
habitable rooms. This setback may be reduced by 1 metre where there is a fence at least 1.5
metres high or where window sills are at least 1.4 metres above the access way.
Building entry
The main pedestrian entry to a building should:
Have convenient access from a street.
Be sheltered from the weather.
Have convenient access from on-site car parking.
Have a designated vehicle standing area suitable for use by a community bus and a disabled
parking area should be provided in an area that is convenient for the drop-off and pick-up of
residents.
Communal open space

Accessible and useable communal open space should be provided for residents and staff.
Front fence
A front fence within 3 metres of a street should not exceed:
2 metres in height in streets in a Transport Zone 2; and
1.5 metres in height on all other streets.

14/12/2023
How the proposed development responds to the site and context description.
Where the requirements of this clause are not met, the impact on the amenity of the adjoining
The proposed amenity for future residents of the residential aged care facility.
The effect of overshadowing on an appropriately located existing rooftop solar energy system
on an adjoining lot.
Page 878 of 1195

53.18 STORMWATER MANAGEMENT IN URBAN DEVELOPMENT

26/10/2018
VC154
Purpose
To ensure that stormwater in urban development, including retention and reuse, is managed to
mitigate the impacts of stormwater on the environment, property and public safety, and to provide
cooling, local habitat and amenity bene昀椀ts.
53.18-1 Application
28/10/2022
VC224 This clause applies to an application under a provision of a zone to subdivide land, construct a
building, or construct or carry out works, other than the following applications:
An application under a provision of the Farming Zone, Green Wedge Zone, Green Wedge A
Zone, Low Density Residential Zone, Public Conservation and Resource Zone, Transport Zone
2, Transport Zone 3, Rural Activity Zone, Rural Conservation Zone, Rural Living Zone, Urban
Floodway Zone or Urban Growth Zone (Part A – No precinct structure plan applies).
A VicSmart application.
An application to subdivide land in a residential zone for residential purposes.
An application to construct or extend a dwelling, fence or residential building in a residential
zone.
An application for development associated with the use of land for agriculture or earth and
energy resources industry.
An application to construct a building or construct or carry out works associated with one
dwelling on a lot.
An application to alter, extend or make structural changes to an existing building provided the
gross 昀氀oor area of the building is not increased by more than 50 square metres.
An application to construct a building with a gross 昀氀oor area not exceeding 50 square metres.
An application to construct or carry out works with an area not exceeding 50 square metres.
An application to subdivide land into lots each containing an existing building or car parking
space.
An application to construct a building or to construct or carry out works on a lot if all of the
– The lot was created in accordance with a permit granted under this planning scheme.
– The application for that permit was assessed against the requirements of this clause.
An application for land affected by a development plan or incorporated plan that was approved
or incorporated in this planning scheme before the approval date of Amendment VC154.
An application lodged before the approval date of Amendment VC154.
Clause 53.18 of this scheme, as in force immediately before the approval date of Amendment
VC224, continues to apply to:
Page 879 of 1195

53.18-2 Operation
26/10/2018
VC154 The provisions of this clause contain:
Objectives. An objective describes the desired outcome to be achieved in the completed
development.
Standards. A standard contains the requirements to meet the objective.
A standard should normally be met. However, if the responsible authority is satis昀椀ed that
an application for an alternative solution meets the objective, the alternative solution may
be considered.
53.18-3 Requirements
26/10/2018
VC154 An application to subdivide land:
Must meet all of the objectives of Clauses 53.18-4 and 53.18-6.
Should meet all of the standards of Clauses 53.18-4 and 53.18-6.
An application to construct a building or construct or carry out works:
Must meet all of the objectives of Clauses 53.18-5 and 53.18-6.
Should meet all of the standards of Clauses 53.18-5 and 53.18-6.
An application must be accompanied by details of the proposed stormwater management system,
including drainage works and retention, detention and discharges of stormwater to the drainage
system.
53.18-4 Stormwater management objectives for subdivision

03/02/2022
VC199 To minimise damage to properties and inconvenience to the public from stormwater.
To ensure that the street operates adequately during major storm events and provides for public
safety.
To minimise increases in stormwater and protect the environmental values and physical
characteristics of receiving waters from degradation by stormwater.
To encourage stormwater management that maximises the retention and reuse of stormwater.
To encourage stormwater management that contributes to cooling, local habitat improvements and
provision of attractive and enjoyable spaces.
Standard W1
Designed and managed in accordance with the requirements and to the satisfaction of the
relevant drainage authority.
Designed and managed in accordance with the requirements and to the satisfaction of the water
authority where reuse of stormwater is proposed.
contained in the Urban Stormwater - Best Practice Environmental Management Guidelines
(Victorian Stormwater Committee, 1999).
Designed to ensure that 昀氀ows downstream of the subdivision site are restricted to
pre-development levels unless increased 昀氀ows are approved by the relevant drainage authority
and there are no detrimental downstream impacts.
Designed to contribute to cooling, improving local habitat and providing attractive and enjoyable
spaces.
Page 880 of 1195

The stormwater management system should be integrated with the overall development plan
including the street and public open space networks and landscape design.
For all storm events up to and including the 20% Average Exceedance Probability (AEP) standard:
Stormwater 昀氀ows should be contained within the drainage system to the requirements of the
relevant authority.
Ponding on roads should not occur for longer than 1 hour after the cessation of rainfall.
For storm events greater than 20% AEP and up to and including 1% AEP standard:
Provision must be made for the safe and effective passage of stormwater 昀氀ows.
All new lots should be free from inundation or to a lesser standard of 昀氀ood protection where
agreed by the relevant 昀氀oodplain management authority.
Ensure that streets, footpaths and cycle paths that are subject to 昀氀ooding meet the safety criteria
da Vave < 0.35 m2/s (where, da = average depth in metres and Vave = average velocity in
metres per second).
The design of the local drainage network should:
Ensure stormwater is retarded to a standard required by the responsible drainage authority.
Ensure every lot is provided with drainage to a standard acceptable to the relevant drainage
authority. Wherever possible, stormwater should be directed to the front of the lot and discharged
into the street drainage system or legal point of discharge.
Ensure that inlet and outlet structures take into account the effects of obstructions and debris
build up. Any surcharge drainage pit should discharge into an overland 昀氀ow in a safe and
predetermined manner.
Include water sensitive urban design features to manage stormwater in streets and public open
space. Where such features are provided, an application must describe maintenance
responsibilities, requirements and costs.
Any 昀氀ood mitigation works must be designed and constructed in accordance with the requirements
of the relevant 昀氀oodplain management authority.
53.18-5 Stormwater management objectives for buildings and works

26/10/2018
VC154 To encourage stormwater management that maximises the retention and reuse of stormwater.
To encourage development that reduces the impact of stormwater on the drainage system and
昀椀lters sediment and waste from stormwater prior to discharge from the site.
To ensure that industrial and commercial chemical pollutants and other toxicants do not enter the
stormwater system.
Standard W2
The stormwater management system should be designed to:
Meet the current best practice performance objectives for stormwater quality as contained in
the Urban Stormwater - Best Practice Environmental Management Guidelines (Victorian
Stormwater Committee, 1999).
Minimise the impact of chemical pollutants and other toxicants including by, but not limited
to, bunding and covering or roo昀椀ng of storage, loading and work areas.
Contribute to cooling, improving local habitat and providing attractive and enjoyable spaces.
Page 881 of 1195

53.18-6 Site management objectives

26/10/2018
VC154 To protect drainage infrastructure and receiving waters from sedimentation and contamination.
To protect the site and surrounding area from environmental degradation prior to and during
construction of subdivision works.
Standard W3
An application should describe how the site will be managed prior to and during the construction
period and may set out requirements for managing:
Erosion and sediment.
Stormwater.
Litter, concrete and other construction wastes.
Chemical contamination.

26/10/2018
Any relevant water and stormwater management objective, policy or statement set out in this
planning scheme.
The capacity of the site to incorporate stormwater retention and reuse and other water sensitive
urban design features.
Whether the development has utilised alternative water sources and/or incorporated water
sensitive urban design.
Whether stormwater discharge from the site will adversely affect water quality entering the
drainage system.
The capacity of the drainage network to accommodate additional stormwater.
Whether the stormwater treatment areas can be effectively maintained.
Whether the owner has entered into an agreement to contribute to off-site stormwater
management in lieu of providing an on-site stormwater management system.
Page 882 of 1195

53.19 NON-GOVERNMENT SCHOOLS

03/12/2019
VC165
Purpose
To facilitate new non-government schools.
To facilitate upgrades and extensions to existing non-government schools.
53.19-1 Application
04/12/2020
VC180 This clause applies to an application under any provision of this scheme, other than a VicSmart
application, to use or develop land for a primary school, secondary school, or education centre
that is ancillary to, carried out in conjunction with, and on the same land or contiguous land in the
same ownership as, a primary school or secondary school.
53.19-2 Exemption from review

04/12/2020
VC180 An application to which Clause 53.19 applies is exempt from the decision requirements of section
64(1), (2), and (3), and the review rights of section 82(1) of the Act.

04/12/2020
VC180 Clause 53.19 of this scheme, as in force immediately before the approval date of Amendment
VC180, continues to apply to:
An application for a planning permit made before that date.
application was made before that date.
Page 883 of 1195

53.20 HOUSING BY OR ON BEHALF OF HOMES VICTORIA

14/12/2023
VC253
Purpose
To facilitate the development of well-designed social housing and affordable housing to meet
existing and future needs.
To increase the social housing and affordable housing stock in Victoria.
To ensure the development of housing by or on behalf of the Chief Executive Of昀椀cer, Homes
Victoria does not unreasonably impact on the amenity of adjoining dwellings or small second
dwellings.
53.20-1 Application
20/03/2023
VC229 This clause applies to an application under a provision of a residential zone (other than the Low
Density Residential Zone) to construct or extend a dwelling, or to construct or extend a front fence,
if the application is made by or on behalf of the Chief Executive Of昀椀cer, Homes Victoria.
In this clause, Chief Executive Of昀椀cer, Homes Victoria means ‘Chief Executive Of昀椀cer, Homes
Victoria’ as de昀椀ned in the Housing Act 1983 and the body corporate established under the Housing
Act 1983.
53.20-2 Operation
14/12/2023
VC253 The provisions of this clause prevail over any inconsistent provision in this planning scheme.
An application to construct or extend a dwelling, or to construct or extend a front fence, should
meet the standards in Clause 53.20-6.
in or forming part of an apartment development, should meet the standards in Clause 53.20-6 and
Clause 53.20-7 except for the standard in:
Clause 53.20-6.5.
Clause 53.20-6.10 for an apartment development of 5 or more storeys.
The standards in Clause 53.20-6 and Clause 53.20-7 should normally be met. However, an
alternative design solution may be considered if the responsible authority is satis昀椀ed that the
proposal does not unreasonably impact on the amenity of an existing dwelling or small second
dwelling on the site or on an adjacent site.
53.20-3 Exemption from planning scheme provisions

20/12/2021
VC207 The following provisions of this planning scheme do not apply:
The Municipal Planning Strategy or Municipal Strategic Statement and the Planning Policy
Framework.
An application requirement or decision guideline of a zone.
A requirement to meet Clauses 54, 55 and 58 of a zone.
A schedule to a zone except for a speci昀椀ed building height requirement.
Clauses 52.06 and 65.

20/12/2021
VC207 An application under any provision of this scheme is exempt from the notice requirements of
section 52(1) (a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review
Page 884 of 1195


20/03/2023
Where the application is made on behalf of the Chief Executive Of昀椀cer, Homes Victoria, a
letter from Homes Victoria con昀椀rming that the application is made on behalf of the Chief
Executive Of昀椀cer, Homes Victoria.
An urban context report. The urban context report may use a site plan, photographs or other
techniques and must include an accurate description of:
– Lot boundaries, site shape, size, orientation and easements on the subject site.
– Levels and contours of the site and the difference in levels between the site and adjoining
properties.
– The location and height of existing buildings on the site and adjoining properties.
– The use of adjoining buildings.
– The location of secluded private open space of adjoining properties and the location of trees,
fences and other landscape elements.
– Solar access to the site and to adjoining properties.
– Street frontage features such as poles, street lights, street trees and kerb crossovers.
– The location of local shops, public transport services and public open spaces within walking
distance.
– Movement systems through and around the site.
– Any other notable feature or characteristic of the site.
– An assessment of the characteristics of the area including:
Any environmental features such as vegetation, topography and signi昀椀cant views.
The pattern of subdivision.
Street design and landscape.
The pattern of development.
Building form, scale and rhythm.
Connection to the public realm.
Architectural style, building details and materials.
Signi昀椀cant off-site noise sources.
For an apartment application, the relevant NatHERS climate zones.
Social and economic activity.
Any other notable or cultural characteristics of the area.
A design response. The design response must explain how the proposed design:
– Responds to any relevant planning provision.
– Derives from and responds to the urban context report.
– The design response must include correctly proportioned street elevations or photographs
showing the development in the context of adjacent buildings.
Page 885 of 1195

53.20-6 Development standards

01/01/2024
VC250
53.20-6.1 Infrastructure

and electricity.
53.20-6.2 Street setback
Walls of buildings should be set back from streets at least the distance speci昀椀ed in Table 1. Porches,
pergolas and verandahs that are less than 3.6 metres high and eaves may encroach not more than
2.5 metres into the setbacks of this standard.
Table 1 Street setback
both the abutting allotments facing of the front wall of either existing
the same street, and the site is not building on the abutting allotments
on a corner. facing the front street or 7 metres,
one abutting allotment facing the of the front wall of the existing
same street and no existing building on the abutting allotment
building on the other abutting facing the front street or 7 metres,
allotment facing the same street, whichever is the lesser.
There is no existing building on 6 metres for streets in a Transport Not applicable.

either of the abutting allotments Zone 2 and 4 metres for other
facing the same street, and the streets.
The site is on a corner. If there is a building on the Front walls of new development
abutting allotment facing the front fronting the side street of a corner
street, the same distance as the site should be setback at least the
setback of the front wall of the same distance as the setback of
existing building on the abutting the front wall of any existing
allotment facing the front street or building on the abutting allotment
7 metres, whichever is the lesser. facing the side street or 3 metres,
abutting allotment facing the front Side walls of new development on
street, 6 metres for streets in a a corner site should be setback
Transport Zone 2, and 4 metres the same distance as the setback
for other streets. of the front wall of any existing
Page 886 of 1195

building on the abutting allotment

53.20-6.3 Site coverage
The site area covered by buildings should not exceed 60 per cent.
53.20-6.4 Permeability
The site area covered by the pervious surfaces should be at least 20 percent of the site.

Sited and designed to ensure that the performance of existing roof top solar energy systems on
roof top solar energy system must exist at the date the application is lodged.
practicable.
Developments should be designed so that solar access to north-facing windows is maximised.
53.20-6.6 Safety
thoroughfares.
53.20-6.7 Access

Page 887 of 1195

53.20-6.8 Parking location

Be secure.
A minimum 0.6 car spaces should be provided to each dwelling. Car spaces may be covered or
uncovered.
number of car parking spaces is to be rounded down to the nearest whole number greater than 1.
Accessway design
Accessways must:
4.2 metres wide.
Allow vehicles parked in the last space of a dead-end accessway in public carparks to exit in
a Transport Zone 3, the accessway must be designed so that cars can exit the site in a forward
direction.
serves ten or more carparking spaces and is either more than 50 metres long or connects to a
road in a Transport Zone 2 or a Transport Zone 3.
Have a corner splay or area at least 50 percent clear of visual obstructions extending at least 2
metres along the frontage road from the edge of an exit lane and 2.5 metres along the exit lane
from the frontage, to provide a clear view of pedestrians on the footpath of the frontage road.
The area clear of visual obstructions may include an adjacent entry or exit lane where more
than one lane is provided, or adjacent landscaped areas, provided the landscaping in those areas
is less than 900mm in height.
Car parking spaces
Page 888 of 1195

45º 3.5 m 2.6 m 4.9 m
60º 4.9 m 2.6 m 4.9 m
90º 6.4 m 2.6 m 4.9 m
5.8 m 2.8 m 4.9 m
5.2 m 3.0 m 4.9 m
4.8 m 3.2 m 4.9 m
Note: Some dimensions in Table 2 vary from those shown in the Australian Standard AS2890.1-2004 (off street).
Where parking spaces are provided in tandem (one space behind the other) an additional 500mm
AS2890.6-2009 (disabled) and the Building Code of Australia. Disabled carparking spaces may
Page 889 of 1195

Gradients
Accessway grades must not be steeper than 1:10 (10 percent) within 5 metres of the frontage to
ensure safety for pedestrians and vehicles. The design must have regard to the wheel base of the
vehicle being designed for; pedestrian and vehicular traf昀椀c volumes; the nature of the carpark;
Private or residential car parks 20 metres or less 1:4 (25%)
Where the difference in grade between two sections of ramp or 昀氀oor is greater that 1:8 (12.5 per
cent) for a summit grade change, or greater than 1:6.7 (15 percent) for a sag grade change, the
Plans must include an assessment of grade changes of greater than 1:5.6 (18 percent) or less than
3 metres apart for clearances, to the satisfaction of the responsible authority.
Mechanical parking
Mechanical parking may be used to meet the carparking requirement provided:

At least 25 percent of the mechanical carparking spaces can accommodate a vehicle height of
at least1.8 metres.
Carparking spaces that require the operation of the system are not allocated to visitors unless
The design and operation is to the satisfaction of the responsible authority.
Urban design
Ground level carparking, garage doors and accessways must not visually dominate public space.
Carparking within buildings (including visible portions of partly submerged basements) must be
architectural treatments and art works.
Design of carparks must take into account their use as entry points to the site.
Safety

The design of carparks must maximise natural surveillance and pedestrian visibility from adjacent
buildings.
Page 890 of 1195

Pedestrian access to carparking areas from the street must be convenient.

Landscaping
landscaping.
Ground level carparking spaces must include trees planted with 昀氀ush grilles. Spacing of trees must
be determined having regard to the expected size of the selected species at maturity.
53.20-6.10 Side and rear setbacks
A new building not on or within 200mm of a boundary to a residential zone should be set back
from side or rear boundaries 1 metre, plus 0.3 metres for every metre of height over 3.6 metres up
to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres. Diagram 2 details the standard.
Page 891 of 1195

Diagram 2 Side and rear setbacks
53.20-6.11 Walls on boundaries
on an abutting lot, the length of the existing or simultaneously constructed walls or carports
constructed wall.
Page 892 of 1195

53.20-6.12 Daylight to existing windows
Diagram 3 Daylight to existing windows
53.20-6.13 North-facing windows
If a north-facing habitable room window of an existing dwelling or a small second dwelling is

within 3 metres of a boundary on an abutting lot, a building should be setback from the boundary
1 metre, plus 0.6 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre
for every metre of height over 6.9 metres, for a distance of 3 metres from the edge of each side of
the window. A north-facing window is a window with an axis perpendicular to its surface oriented
north 20 degrees west to north 30 degrees east.
Page 893 of 1195

Diagram 4 North-facing windows
53.20-6.14 Overshadowing open space
reduced.
53.20-6.15 Overlooking
level.
window of an existing dwelling or small second dwelling within a horizontal distance of 9 metres
Page 894 of 1195

Diagram 5 Overlooking open space
53.20-6.17 Daylight to new windows

perimeter.
Page 895 of 1195

A dwelling (other than an apartment) should have private open space consisting of:
An area of secluded private open space with a minimum area of 25 square metres, a minimum
dimension of 3 metres and convenient access from a living room; or
a living room; or
from a living room.
Secluded private open space may be located in the front setback if it is no more than 30% of the
street frontage.
53.20-6.19 Solar access to open space
The private open space should be located on the north side of the dwelling if appropriate.
Diagram 6 Solar access to open space
53.20-6.20 Storage
Each dwelling should have convenient access to at least 6 cubic metres of externally accessible,
secure storage space.
53.20-6.21 Front fence
A front fence within 3 metres of a street should not exceed a maximum height of:
2 metres for streets in a Transport Zone 2.
1.5 metres in other streets or where secluded private open space is proposed within the front
setback, the front fence may reach a height of up to 1.8 metres for not more than 30% of the
length of the boundary.
Page 896 of 1195

53.20-6.22 Common property

Development should provide space (including easements where required) for site services to
be installed and maintained ef昀椀ciently and economically.
Meters and utility services should be designed as an integrated component of the building
or landscape.
Bin and recycling enclosures, mailboxes and other site facilities should be adequate in size,
durable, waterproof and blend in with the development.
Mailboxes and other site facilities should be adequate in size, durable, weather-protected,
located for convenient access and integrated into the overall design of the development.
53.20-7 Development standards for apartments

14/12/2023
VC253

practicable.
Dwellings located in a climate zone identi昀椀ed in Table 4 should not exceed the maximum NatHERS
annual cooling load.
Table 4 Cooling load
MJ/M2 per annum
Page 897 of 1195

MJ/M2 per annum

Located to:
– Minimise noise impacts to new and existing dwellings or small second dwellings.
Any area of communal outdoor open space should be landscaped and include canopy cover
and trees.
53.20-7.3 Solar access to communal outdoor open space
53.20-7.4 Landscaping

Development should:
Provide the canopy cover and deep soil areas speci昀椀ed in Table 5. Existing trees can be used
to meet the canopy cover requirements of Table 5.
Page 898 of 1195

– Located in an area of deep soil speci昀椀ed in Table 6. Where deep soil cannot be provided
trees should be provided in planters speci昀椀ed in Table 6.
Include landscaping, such as climbing plants or smaller plants in planters, in the street frontage
Shade outdoor areas exposed to summer sun through landscaping or shade structures, and use
stormwater and recycled water.
lighting.
Table 5 Canopy cover and deep soil requirements

1001 – 1500 square metres 50 square metres plus 20% of site 7.5% of site area
1501 – 2500 square metres 150 square metres plus 20% of 10% of site area
metres

1 Type C tree
metres

1 Type C tree
Table 6 Soil requirements for trees
Tree type Tree in deep soil Tree in planter
Area of deep soil Volume of planter soil Depth of planter soil
Page 899 of 1195

A 12 square metres (min. 12 cubic metres (min. 0.8 metre

plan dimension 2.5 plan dimension of 2.5
metres) metres)
B 49 square metres (min. 28 cubic metres (min. 1 metre

metres) metres)
C 121 square metres (min. 64 cubic metres (min. 1.5 metres

metres) metres)
for every additional tree, up to a maximum reduction of 25%
Table 7 Tree types
Tree type Minimum canopy diameter at Minimum height at maturity

maturity
A 4 metres 6 metres
B 8 metres 8 metres
53.20-7.5 Integrated water and stormwater management
contained in the Urban Stormwater – Best Practice Environmental Management Guidelines
53.20-7.6 Building setback
The built form of the development should respect the existing urban context and respond to the
features of the site.
dwellings or small second dwellings. Developments should avoid relying on screening to reduce
views.
environment.
Page 900 of 1195

from mechanical plants, lifts, building services, non-residential uses, car parking, communal areas,
and other dwellings or small second dwellings.
Buildings within a noise in昀氀uence area speci昀椀ed in Table 8 should be designed and constructed
Table 8 Noise influence area
Noise Source Noise influence area
Zone interface

boundary
Roads
Railways
Melbourne

Page 901 of 1195


B speci昀椀ed in Table 9.
Table 9 Bathroom design
Door opening A clear 850mm wide door A clear 820mm wide door opening
opening. located opposite the shower
A door that opens outwards, A door that opens outwards,

or or
A door that opens inwards that A door that opens inwards and
is clear of the circulation area has readily removable hinges.
and has readily removable
hinges.
Circulation area A clear circulation area that is: A clear circulation area that is:
A minimum area of 1.2 metres A minimum width of 1 metre.

by 1.2 metres.
The full length of the bathroom
Located in front of the shower and a minimum length of 2.7
and the toilet. metres.
Clear of the toilet, basin and Clear of the toilet and basin.
the door swing. The circulation area can include a
The circulation area for the toilet shower area.
and shower can overlap.
Path to circulation area A clear path with a minimum width Not applicable.
of 900mm from the door opening
to the circulation area.
Shower A hobless (step-free) shower. A hobless (step-free) shower that

has a removable shower screen
and is located on the furthest wall
from the door opening.
Toilet A toilet located in the corner of the A toilet located closest to the door
room. opening and clear of the
circulation area.

Page 902 of 1195


An area at ground level of 25 square metres, with a minimum dimension of 3 metres and
An area on a podium or other similar base of at least 15 square metres, with a minimum
dimension of 3 metres at a podium or other similar base and convenient access from a living
room.
A balcony with at least the area and dimensions speci昀椀ed in Table 10 and convenient access
from a living room.
An area on a roof of 10 square metres with a minimum dimension of 2 metres and convenient
access from a living room.
If a cooling or heating unit is located on a balcony, the minimum balcony area speci昀椀ed in Table
10 should be increased by at least 1.5 square metres.
of Table 10 do not apply if at least the area speci昀椀ed in Table 11 is provided as living area or
bedroom area in addition to the minimum area speci昀椀ed in Table 13 or Table 14.
Table 10 Balcony size
Dwelling type Minimum area Minimum dimension
Studio or 1 bedroom dwelling 8 square metres 1.8 metres
3 or more bedroom dwelling 12 square metres 2.4 metres
Table 11 Additional living area or bedroom area
53.20-7.11 Storage
Page 903 of 1195

Table 12 Storage
the dwelling
53.20-7.12 Waste and recycling

as appropriate.
a Waste Management Plan approved by the responsible authority and:
Bedrooms should:
Provide an area in addition to the minimum internal room dimensions to accommodate a
wardrobe.
Page 904 of 1195

dimension and area speci昀椀ed in Table 14.
Table 13 Bedroom dimensions
Bedroom type Minimum width Minimum depth Minimum area
Main bedroom 3 metres 3.4 metres 10.2 sqm
All other bedrooms 3 metres 3 metres 9 sqm
Table 14 Living area dimensions
the rear wall of the room.
53.20-7.15 Windows

where the window is clear to the sky. The secondary area should be:
Page 905 of 1195

dwelling.
53.20-7.17 Integration with the street

Limit blank walls.
53.20-7.18 External walls and materials

53.20-7.19 Wind impacts
Development should:
not cause unsafe wind conditions speci昀椀ed in Table 15 in public land, publicly accessible areas
achieve comfortable wind conditions speci昀椀ed in Table 15 in public land and publicly accessible
greater.
Table 15: Wind conditions
Unsafe Comfortable
less than:
Page 906 of 1195

Unsafe Comfortable
3 metres per second for sitting areas.
4 metres per second for standing areas.

20/03/2023
VC229 The development standards for apartments at clause 53.20-6 and clause 53.20-7 introduced by
Amendment VC207, do not apply to an application to construct or extend a dwelling, or to construct
or extend a front fence if:
Funded wholly or partly, under Victoria's Big Housing Build program;
The application is made by or on behalf of the Chief Executive Of昀椀cer, Homes Victoria; and
The written con昀椀rmation from Homes Victoria or the Chief Executive Of昀椀cer, Homes Victoria
that the application is funded, either wholly or partly, under Victoria's Big Housing Build
program has been signed before 30 June 2022.

14/12/2023
VC253 Before deciding on an application, the responsible authority must consider, as appropriate:
How the proposed development responds to the site and context description.
Where a development standard of this clause is not met, the impact on the amenity of the
adjoining dwellings or small second dwellings of varying the standard.
The effect of overshadowing on an appropriately located existing rooftop solar energy system
on an adjoining lot.
Page 907 of 1195

53.21 STATE TRANSPORT PROJECTS

17/02/2022
VC200
Purpose
To facilitate the delivery of transport projects carried out by or on behalf of the State of Victoria.
53.21-1 Application
20/03/2023
VC229 This clause applies to an application under any provision of this planning scheme, other than a
VicSmart application or an application to subdivide land, made by or on behalf of the Head,
Transport for Victoria or the Secretary to the Department of Transport and Planning.

17/02/2022
VC200 An application to which clause 53.21 applies is exempt from the decision requirements of section
64(1), (2), and (3), and the review rights of section 82(1) of the Act.
Page 908 of 1195

53.22 SIGNIFICANT ECONOMIC DEVELOPMENT

20/09/2023
VC242
Purpose
To prioritise and facilitate the planning, assessment and delivery of projects that will make a
signi昀椀cant contribution to Victoria’s economy and provide substantial public bene昀椀t, including
jobs for Victorians.
To provide for the ef昀椀cient and effective use of land and facilitate use and development with high
quality urban design, architecture and landscape architecture.
53.22-1 Application
04/04/2024
This clause applies to an application under any provision of this planning scheme if the condition
corresponding to a category in Table 1 is met.
This clause does not apply to an application to subdivide land, other than an application to subdivide
land that includes either:
A renewable energy facility; or
A utility installation used to:
– Transmit or distribute electricity; or
– Store electricity if the installed capacity is 1 megawatt or greater.
Table 1
Category Condition
Category 1 The use must be specified in Table 2 and the

condition corresponding to that use must be met. If
the application includes more than one use in Table
2, only one use must meet the corresponding
condition.
Must have written advice from the Chief Executive

Officer, Invest Victoria confirming the likely financial
feasibility of the proposal. This condition does not
apply to an application for the use or development
of land for a renewable energy facility or utility
installation.
Category 2 The use must be specified in Table 2.
The use or development will be:
carried out by or on behalf of, or jointly or in

partnership with, the State of Victoria or a public
authority; or
funded, or partly funded, by the State of Victoria

or a public authority; or
carried out on Crown land.
Category 3 The use must be specified in Table 2.
The responsible authority has advised in writing that

the use or development of land is of significance
having regard to:
Page 909 of 1195

Category Condition
The purpose of clause 53.22.
The estimated cost of development.
The written advice of the Chief Executive Officer,

Invest Victoria.
Table 2
Use Condition
Camping and caravan park The estimated cost of the development must be at
least:
Group accommodation
$10 million if any part of the land is in
Food and drink premises (other than bar,
metropolitan Melbourne; or
convenience restaurant and take away food
premises) $5 million if any part of the land is not in
metropolitan Melbourne.
Leisure and recreation
Place of assembly
Recreational boat facility
Residential hotel
Winery
Agriculture The estimated cost of development must be at least:
Data centre $20 million if any part of the land is in

Industry
$10 million if the land is not in metropolitan
Research centre
Melbourne.
Hospital The estimated cost of development must be at least:
Medical centre $30 million if any part of the land is in

Warehouse
Melbourne.
Tertiary institution The estimated cost of the development must be at

least:


Melbourne.
Retail premises (other than food and drink The estimated cost of development must be at least:
premises)

Melbourne.
Page 910 of 1195

Use Condition
Earth and energy resources (other than extractive The estimated cost of development must be at least
industry, mining, mineral exploration, petroleum $30 million.
exploration, petroleum production and stone
exploration)
Extractive industry The estimated value of the resource to be extracted

must be at least $30 million.
Mining and mineral exploration The estimated cost of development must be at least
$10 million.
Office Must meet one of the following:
The combined gross floor area of all buildings

associated with the proposed use or development
must be at least 10,000 square metres if any part
of the land is in metropolitan Melbourne; or
The combined gross floor area of all buildings

associated with the proposed use or development
must be at least 5,000 square metres if the land
is not in metropolitan Melbourne.
Renewable energy facility An installed capacity of 1 megawatt or greater must

be proposed.
Utility installation (other than data centre) A utility installation used to:
Transmit or distribute electricity; or
Store electricity if the installed capacity is 1

megawatt or greater
must be proposed.
53.22-2 Planning scheme requirements

20/09/2023
VC242 The responsible authority may waive or vary any building height or setback requirement.
An application is exempt from an application requirement in this planning scheme if in the opinion
of the responsible authority the information is not relevant to the assessment of the application.

20/09/2023
VC242 In addition to the application requirements elsewhere in the planning scheme, an application must
be accompanied by the following information, as appropriate:
A quantity surveyor report prepared by a suitably quali昀椀ed person specifying the estimated
cost of the development. For a development that includes more than one use, the report should
specify the estimated cost of development for each use.
Written advice of the Chief Executive Of昀椀cer, Invest Victoria.

20/09/2023
VC242 An application under any provision of this planning scheme is exempt from the decision
requirements of sections 64(1), (2) and (3), and the review rights of sections 82(1) of the Act.
Page 911 of 1195


20/09/2023
VC242 Before deciding on an application, in addition to the decision guidelines elsewhere in this planning
scheme including in clause 65, the responsible authority must consider, as appropriate:
The purpose of the clause.
The views of the Of昀椀ce of the Victorian Government Architect.

20/09/2023
VC242 Clause 53.22 does not apply to:
An application for a permit lodged before the approval date of Amendment VC242.
An application for an amendment of a permit under section 72 of the Act if the original permit
Page 912 of 1195

53.23 SIGNIFICANT RESIDENTIAL DEVELOPMENT WITH AFFORDABLE HOUSING

20/09/2023
VC242
Purpose
To facilitate residential development that includes affordable housing to meet existing and future
needs.
To facilitate the redevelopment and renewal of public housing stock to meet existing and future
needs.
To facilitate residential development carried out by the State of Victoria or jointly or in partnership
with the private sector, including via innovative funding, investment and partnership approaches.
To facilitate residential development with high quality urban design, architecture and landscape
architecture.
To provide opportunities for non-residential use and development in association with residential
development.
53.23-1 Application
20/09/2023
This clause applies to an application under any provision of this planning scheme if all of the
following are met:
The application includes the use or development of land for accommodation (other than camping
and caravan park, group accommodation and residential hotel); and
The condition corresponding to a category in Table 1 is met.
This clause does not apply to an application to subdivide land.
Table 1
Category Condition
Category 1 The estimated cost of the development of land for

accommodation (other than camping and caravan
park, group accommodation and residential hotel)
as specified in the quantity surveyor report required
under clause 53.23-3 must be at least:


Melbourne.
At least 10% of the total number of dwellings in the
development must be affordable housing, or
alternatively this condition may be met via an
alternative mechanism for the provision of affordable
housing specified in the agreement under section
173 of the Act referred to in clause 53.23-4.

feasibility of the proposal.
Category 2 The use or development of land for accommodation

(other than camping and caravan park, group
accommodation and residential hotel) will be:
Page 913 of 1195

Category Condition
carried out by or on behalf of, or jointly or in

partnership with, the State of Victoria or a public
authority; or
funded, or partly funded, by the State of Victoria

or a public authority; or
carried out on Crown land.

At least 10% of the total number of dwellings in the
development must be affordable housing, or
alternatively this condition may be met via an
alternative mechanism for the provision of affordable
housing specified in the agreement under section
173 of the Act referred to in clause 53.23-4.
Category 3 The responsible authority has advised in writing that

the use or development of land for accommodation
(other than camping and caravan park, group
accommodation and residential hotel) is of
significance having regard to:
The purpose of clause 53.23.
The percentage of the total number of dwellings

in the development that are proposed to be
affordable housing and whether an alternative
mechanism will be used for the delivery of
affordable housing.
The estimated cost of development.
The location of the development and whether it

has convenient access to jobs, services,
infrastructure and community facilities.
Whether the design, liveability and sustainability

of the development is exemplary.
Whether the development will be owned and

operated by a community housing provider.
feasibility of the proposal.
The responsible authority may decide to reduce the percentage of the total number of dwellings
in the development that must be affordable housing, or not require an agreement to be entered into
under Section 173 of the Act.
53.23-2 Planning scheme requirements

20/09/2023
VC242 The responsible authority may waive or vary any of the following:
A minimum garden area requirement.
Any building height or setback requirement.
A condition opposite a use in Section 2 in a zone or a schedule to a zone.
An application is exempt from an application requirement in this planning scheme if in the opinion
of the responsible authority the requirement is not relevant to the assessment of the application.
Page 914 of 1195


20/09/2023
VC242 In addition to the application requirements elsewhere in the planning scheme, an application must
be accompanied by the following information, as appropriate:
A quantity surveyor report prepared by a suitably quali昀椀ed person specifying the estimated
cost of the development. For a development that includes more than one use, the report should
specify the estimated cost of development for each use.
A report that demonstrates how the proposal will contribute to the provision of affordable
housing to meet existing and future needs.
For a non-residential use or development, the purpose of the use and the types of activities
which will be carried out.
Written advice of the Chief Executive Of昀椀cer, Invest Victoria.
53.23-4 Requirement before the grant of a permit

20/09/2023
VC242 Unless speci昀椀ed in clause 53.23-1, a permit must not be granted unless the owner of the land has
entered into an agreement with the responsible authority under section 173 of the Act for the
provision of affordable housing.
The agreement will not come into operation unless a permit is issued for the proposed use or
development.
The agreement must be recorded on the Register.

20/09/2023
VC242 An application under any provision of this planning scheme is exempt from the decision
requirements of sections 64(1), (2) and (3), and the review rights of sections 82(1) of the Act.

20/09/2023
VC242 Before deciding on an application, in addition to the decision guidelines elsewhere in this planning
scheme including in clause 65, the responsible authority must consider, as appropriate:
The purpose of the clause.
The views of the Of昀椀ce of the Victorian Government Architect.

20/09/2023
VC242 Clause 53.23 does not apply to:
An application for a permit lodged before the approval date of Amendment VC242.
An application for an amendment of a permit under section 72 of the Act if the original permit
Page 915 of 1195

53.24 FUTURE HOMES

22/09/2023
VC243
Purpose
To facilitate apartment developments that incorporate exemplar designs approved under the Future
Homes project.
To facilitate apartment developments that increase the density and diversity of housing to respond
to Victoria’s population growth.
To facilitate apartment developments that are exemplary in their design, liveability and
sustainability.
53.24-1 Application
22/09/2023
This clause applies to an application under clause 32.08-6 of the General Residential Zone to
construct two or more dwellings on a lot, or to construct a front fence in association with the
construction of two or more dwellings on a lot, if all of the following requirements are met:
The development must be an apartment development.
The design of the apartment development must use a licenced exemplar design approved under
the Future Homes project overseen by the Department of Transport and Planning.
Any part of the land:
– Must be within 800 metres of a passenger railway station; or
– Must be within 800 metres of a metropolitan, major or neighbourhood activity centre in
Metropolitan Melbourne; or
– Must be within 800 metres of an activity centre outside Metropolitan Melbourne; and
– Must not be within a Heritage Overlay or Neighbourhood Character Overlay.
For the purposes of this clause, the distance from an activity centre must be measured from:
the boundary of the activity centre speci昀椀ed, shown, described or otherwise indicated in this
planning scheme; or
if the boundary of the activity centre is not speci昀椀ed, shown, described or otherwise indicated
in this planning scheme, the boundary of any Activity Centre Zone, commercial zone or Mixed
Use Zone.
For the purposes of this clause, the distance from a passenger railway station must be measured
from the closest point to a station platform.

26/09/2023
VC246 An activity centre outside Metropolitan Melbourne means a:
Central Activity District
Central Business District
City Centre
Major Activity Centre
Primary Activity Centre
Principal Activity Centre
Principal Centre
Regional Activity Centre
Page 916 of 1195

Regional Centre
Regional Retail Centre
53.24-3 Pre-application referral requirements

22/09/2023
VC243 If an application is required to be referred in accordance with section 55 of the Act to a referral
authority speci昀椀ed in clause 66, the following requirements must be met:
The proposal for which the application is made must have been considered by the referral
authority within the past 3 months of the application being made to the responsible authority.
The referral authority must have stated in writing that it does not object to the granting of the
permit for the proposal.
If the proposed development requires a permit under a provision of this planning scheme other
than clause 32.08-6 of the General Residential Zone and an application for that permit is required
to be referred in accordance with section 55 of the Act to a referral authority speci昀椀ed in clause
66, the following requirements must be met:
The proposal for which the application is made must have been considered by the referral
authority within the past 3 months of the application being made to the responsible authority.

22/09/2023
VC243 An application is exempt from the requirements of clauses 45.09, 52.06 and 52.34.
An application is exempt from any application requirement in the General Residential Zone or a
schedule to the General Residential Zone.
An application is exempt from and is not required to meet the requirements of clauses 55 and 58.
Matters to be considered
In deciding an application, the responsible authority must not consider, and is exempt from
considering:
The Municipal Planning Strategy and Planning Policy Framework.
The purpose of the General Residential Zone.
Any decision guideline in the General Residential Zone or a schedule to the General Residential
Zone.
The decision guidelines in clause 65.

22/09/2023
VC243 An application is exempt from the decision requirements of section 64(1), (2) and (3) and the
53.24-6 Development standards

22/09/2023
VC243 A development must meet all of the following development standards.
Car parking spaces must be provided at:
Page 917 of 1195

a rate of 1 space per dwelling; or

if the land is in a Parking Overlay and the overlay speci昀椀es a lower car parking rate for a
dwelling, the applicable rate in the overlay.
Mechanical parking may be used to meet the car parking requirement provided the dimensions of
the mechanical parking system meets the standards for a B99 vehicle in Australian Standard
AS/NZS 2890.1:2004, Parking facilities - Off-street car parking (Standards Australia, 2004).
53.24-6.2 Bicycle parking
Bicycle parking spaces must be provided at a rate of:

1 space per dwelling for residents.
1 space per 5 dwellings for visitors.
At least 20 percent of bicycle parking spaces for residents must be provided as horizontal spaces.
All visitor bicycle parking spaces must be provided as horizontal spaces and be located to provide
convenient access from surrounding bicycle routes and main building entrances.
A development of 10 or more dwellings must provide a minimum area of communal outdoor open
space of 30 square metres.
If a development contains 13 or more dwellings, the development must also provide an additional
Each area of communal open space must be:
Of a useable size, shape and dimension.
Located to:
– Provide passive surveillance, where appropriate.
– Limit overlooking into habitable rooms and private open space of new dwellings.
– Minimise noise impacts on new and existing dwellings.
Any area of communal outdoor open space must be landscaped and where possible include canopy
cover and trees.
At least 50 per cent or 125 square metres, whichever is the lesser, of the primary area of communal
outdoor open space must receive a minimum of two hours of sunlight between 9am and 3pm on
21 June.
53.24-6.4 Environmentally sustainable design
A development must achieve:

At least a 7.5 star NatHERS average (area-weighted across all dwellings).
At least a 6.5 star NatHERS for an individual dwelling.
Page 918 of 1195

An excellence, or equivalent score, in environmentally sustainable design as outlined in the

Building Future Homes Adaptation Guide.
100 percent Stormwater Treatment Objective-Relative Measure (STORM) rating for the site.
At least 50 per cent of dwellings must be designed to meet all of the following accessibility design
standards.
Dwelling access
A slip resistant continuous step-free pathway must be provided from the street and car parking
area to the dwelling entry door.
The pathway must have a minimum clear width of 1.2 metres, no steps, a maximum gradient
of 1:14 and a cross fall not steeper than 1:40.
Where ramps with landings are required as part of the pathway, landings must be no less than
1.2 metres in length, and gate and door swings must not overlap this minimum landing
requirements.
Landings must be provided at the start and end of ramps.
Where there is a change in height of 190 millimetres or less at an apartment entrance, a step
ramp with a gradient not steeper than 1:10 may be used.
Car parking spaces must provide:
– A level surface with a gradient not exceeding 1:40 in any direction.
– A vertical clearance over the parking space of at least 2.5 metres free of obstructions (the
2.5 m clearance is not required where mechanical parking is used).
Dwelling entrance
The entrance to the dwelling must have:
– A clear opening width of at least 850 millimetres.
– A level, and step-free transition and threshold.
– A level landing on the arrival side of the entrance door of at least 1.35 metres x 1.35 metres.
Internal doors and passageways

Doorways to rooms must have a clear opening width of at least 850 millimetres.
Doorways to rooms must have a level, step-free transition and threshold.
The dwelling must have clear passageways and corridors with a minimum width of 1.2 metres.
Toilets and showers

At least one toilet must be located on the entry level of the dwelling and must have:
– A secure 昀椀xing surface to enable future installation of grab rails.
– A minimum 1.2 metre x 1.2 metre circulation area located in front of the toilet that is clear
of the basin and the door swing.
The toilet must be located in:

– the corner of the room if it is in a bathroom with the centreline of the pan 450 to 460
millimetres from the adjacent wall; or
– a room with a minimum width of 1.2 metres if it is in a room separate to the bathroom.
Page 919 of 1195

A least one bathroom must be located on the entry level of the dwelling and must have a hobless,
step-free shower that:
– Has a removable shower screen.
– Has a minimum clear internal dimensions of 900 millimetres x 900 millimetres.
– Has a minimum 1.2 metres x 1.2 metres clear circulation area located in front of the shower.
– Is located in the corner of the room to enable future installation of grab rails.
A secure 昀椀xing surface must be provided at all toilets, showers and baths to enable future
installation of grab rails. This requirement may be met by either:
– walls that are constructed of solid masonry or concrete; or
– providing additional wall framing or structure lining behind the 昀椀nished wall surface.
Kitchen laundry
The kitchen and laundry must have a minimum 1.2 metres clear circulation area in front of
appliances and benches.
Floor 昀椀nishes must extend under appliances and cabinets to allow for future modi昀椀cations.
Common corridors and passageways providing access to a dwelling entry must have a minimum
width of 1.2 metres.
Entries to dwellings and buildings must:
The layout and design of buildings must:
53.24-6.7 Storage
Each dwelling must have convenient access to usable and secure storage space.
The total minimum storage space (including kitchen, bathroom and bedroom storage) must meet
Table 1: Storage
the dwelling
Page 920 of 1195

the dwelling
Bedrooms must:
wardrobe.
Table 2: Bedroom dimensions
Bedroom type Minimum width Minimum depth
Main bedroom 3 metres 3.4 metres
All other bedrooms 3 metres 3 metres
Living areas (excluding dining and kitchen areas) must meet the minimum internal room dimensions
speci昀椀ed in Table 3.
Table 3: Living area dimension and area
Studio or 1 bedroom dwelling 3.3 metres 10 square metres
2 or more bedroom dwelling 3.6 metres 12 square metres
Single aspect habitable rooms must not exceed a room depth of 2.5 times the ceiling height.
The room depth must be measured from the external surface of the habitable room window to the
rear wall of the room.
53.24-6.10 Windows
Habitable rooms must have a window in an external wall of the building.

where the window is clear to the sky.
Page 921 of 1195

The secondary area must be:

The design and layout of dwellings must maximise openable windows, doors or other ventilation
devices in external walls of the building.
All dwellings must provide effective cross ventilation that has:
The breeze path must be measured between the ventilation openings on different orientations of
the dwelling.
53.24-6.12 Deep soil and canopy cover
A development must:
Provide the canopy cover and deep soil areas speci昀椀ed in Table 4 (existing trees can be used
to meet the canopy cover requirements of Table 4).
– Located in an area of deep soil speci昀椀ed in Table 5, or where deep soil cannot be provided,
located in planters speci昀椀ed in Table 5.
– Be supported by irrigation systems which utilise alternative water sources such as rainwater,
– Take into account the soil type and drainage patterns of the site.
Table 4: Canopy cover and deep soil requirements
Site area Canopy area Deep soil

1001 – 1500 square metres 50 square metres plus 20% of site 7.5% of site area
1501 – 2500 square metres 150 square metres plus 20% of 10% of site area
metres

1 Type C tree
Page 922 of 1195

Site area Canopy area Deep soil
metres

1 Type C tree
Table 5: Soil requirements for trees
Area of deep soil Volume of soil planter Depth of soil planter
(min. plan dimension 2.5 (min. plan dimension of

metres) 2.5 metres)

metres) 4.5 metres)
C 121 square metres 64 cubic metres 1.5 metres

metres) 6.5 metres)
Note Where multiple trees share the same section of soil the total required amount of soil can be reduced by 5%
Table 6: Tree types
Tree type Minimum canopy diameter at Minimum height at maturity

maturity
A 4 metres 6 metres
B 8 metres 8 metres

22/09/2023
VC243 Before deciding on an application the responsible authority must consider:
The purpose of this clause.
Whether the proposed apartment development is exemplary in design, liveability and
sustainability.
Page 923 of 1195

54 ONE DWELLING ON A LOT OR A SMALL SECOND DWELLING ON A LOT

14/12/2023
VC253
Purpose
To achieve residential development that respects the existing neighbourhood character or which
contributes to a preferred neighbourhood character.
To encourage residential development that provides reasonable standards of amenity for existing
and new residents.
To encourage residential development that is responsive to the site and the neighbourhood.
Application
The provisions of this clause apply to an application to:
Construct a building or construct or carry out works associated with:
– One dwelling on a lot,
– A small second dwelling;
Construct a building or construct or carry out works associated with one dwelling on a lot under
the provisions of a Neighbourhood Character Overlay;
in a Neighbourhood Residential Zone, General Residential Zone, Residential Growth Zone, Mixed
Use Zone or Township Zone.
The provisions of this clause apply to an application speci昀椀ed above, in the manner set out in the
following table.
Application type Applicable clauses
To construct or extend one dwelling on a lot. All of Clause 54 except Clauses 54.03-7 and 54.03-8.
To construct or extend one dwelling on a lot and a All of Clause 54 except Clauses 54.02-2, 54.05-3
small second dwelling. and 54.06-2.
Operation
The provisions of this clause contain:
development.
A standard should normally be met. However, if the responsible authority is satis昀椀ed that an
application for an alternative design solution meets the objective, the alternative design solution
may be considered.
must consider before deciding if an application meets the objectives.
Requirements
A development:
Must meet all of the applicable objectives of this clause.
Should meet all of the applicable standards of this clause.
If a development meets standard A3, A4, A5, A6, A9, A9.1, A10, A11, A12, A13, A14, A15, A16,
A17 or A20, it is deemed to meet the objective for that standard.
Page 924 of 1195

Where standard A3, A4, A5, A6, A9, A9.1, A10, A11, A12, A13, A14, A15, A16, A17 or A20 is
met the decision guidelines for that standard do not apply to the application.
If a zone or a schedule to a zone speci昀椀es a requirement of a standard different from a requirement
set out in this clause, the requirement in the zone or a schedule to the zone applies.
If the land is included in a Neighbourhood Character Overlay and a permit is required under the
overlay, or a schedule to the overlay speci昀椀es a requirement of a standard different from a
requirement set out in this clause or a requirement in the zone or a schedule to the zone, the
requirement in the schedule to the overlay applies.
If the land is included in an overlay, other than a Neighbourhood Character Overlay, and a schedule
to the overlay speci昀椀es a requirement different from a requirement of a standard set out in this
clause or a requirement of a standard set out in the zone or a schedule to the zone, the requirement
in the overlay applies.
Page 925 of 1195

54.01 NEIGHBOURHOOD AND SITE DESCRIPTION AND DESIGN RESPONSE

16/01/2018
A neighbourhood and site description.
A design response.
54.01-1 Neighbourhood and site description

16/01/2018
VC142 The neighbourhood and site description may use a site plan, photographs or other techniques and
must accurately describe:
In relation to the neighbourhood:
– The built form, scale and character of surrounding development including front fencing.
– Architectural and roof styles.
– Any other notable features or characteristics of the neighbourhood.

– Site shape, size, orientation and easements.
– Levels of the site and the difference in levels between the site and surrounding properties.
– Location of existing buildings on the site and on surrounding properties, including the
location and height of walls built to the boundary of the site.
– The use of surrounding buildings.
– The location of secluded private open space and habitable room windows of surrounding
properties which have an outlook to the site within 9 metres.
– Solar access to the site and to surrounding properties.
– Location of signi昀椀cant trees existing on the site and any signi昀椀cant trees removed from the
site in the 12 months prior to the application being made, where known.
– Any contaminated soils and 昀椀lled areas, where known.
– Views to and from the site.
– Street frontage features such as poles, street trees and kerb crossovers.
– Any other notable features or characteristics of the site.
If in the opinion of the responsible authority a requirement of the neighbourhood and site description
is not relevant to the evaluation of an application, the responsible authority may waive or reduce
the requirement.
Satisfactory neighbourhood and site description

of Clause 54.01-1 and is satisfactory.
the Act.
54.01-2 Design response

19/01/2006
VC37 The design response must explain how the proposed design:
Page 926 of 1195

Derives from and responds to the neighbourhood and site description.

Meets the objectives of Clause 54.
Responds to any neighbourhood character features for the area identi昀椀ed in a local planning
policy or a Neighbourhood Character Overlay.
The design response must include correctly proportioned street elevations or photographs showing
the development in the context of adjacent buildings. If in the opinion of the responsible authority
this requirement is not relevant to the evaluation of an application, it may waive or reduce the
requirement.
Page 927 of 1195

54.02 NEIGHBOURHOOD CHARACTER

19/01/2006
VC37
54.02-1 Neighbourhood character objective

19/01/2006
VC37 To ensure that the design respects the existing neighbourhood character or contributes to a preferred
To ensure that the design responds to the features of the site and the surrounding area.
Standard A1
The design response must be appropriate to the neighbourhood and the site.
The proposed design must respect the existing or preferred neighbourhood character and respond
to the features of the site.
Decision guidelines
Before deciding on an application, the responsible authority must consider:
Any relevant neighbourhood character objective, policy or statement set out in this scheme.
The neighbourhood and site description.
The design response.
54.02-2 Integration with the street objective

19/01/2006
VC37 To integrate the layout of development with the street.
Standard A2
Dwellings should be oriented to front existing and proposed streets.
High fencing in front of dwellings should be avoided if practicable.
Dwellings should be designed to promote the observation of abutting streets and any abutting
public open spaces.
Decision guidelines
Page 928 of 1195

54.03 SITE LAYOUT AND BUILDING MASSING

15/07/2013
VC100
54.03-1 Street setback objective

20/01/2022
VC205 To ensure that the setbacks of buildings from a street respect the existing or preferred neighbourhood
character and make ef昀椀cient use of the site.
Standard A3
Walls of buildings should be set back from streets:
At least the distance speci昀椀ed in a schedule to the zone, or
If no distance is speci昀椀ed in a schedule to the zone, the distance speci昀椀ed in Table A1.
Porches, pergolas and verandahs that are less than 3.6 metres high and eaves may encroach not
more than 2.5 metres into the setbacks of this standard.
Table A1 Street setback
Development context Minimum setback from front street Minimum setback

(Metres) from a side street
(Metres)
There is an existing building on The average distance of the setbacks of the Not applicable
both the abutting allotments front walls of the existing buildings on the
facing the same street, and the abutting allotments facing the front street or
site is not on a corner. 9 metres, whichever is the lesser.
There is an existing building on The same distance as the setback of the front Not applicable
one abutting allotment facing the wall of the existing building on the abutting
same street and no existing allotment facing the front street or 9 metres,
building on the other abutting whichever is the lesser.
allotment facing the same street,
There is no existing building on 6 metres for streets in a Transport Zone Not applicable
either of the abutting allotments 2 and 4 metres for other streets.
facing the same street, and the
The site is on a corner. If there is a building on the abutting allotment The same distance as
facing the front street, the same distance as the setback of the front
the setback of the front wall of the existing wall of any existing
building on the abutting allotment facing the building on the abutting
front street or 9 metres, whichever is the allotment facing the side
lesser. street or 2 metres,
If there is no building on the abutting
allotment facing the front street, 6 metres for
streets in a Transport Zone 2 and 4 metres
for other streets.
Decision guidelines
Whether a different setback would be more appropriate taking into account the prevailing
setbacks of existing buildings on nearby lots.
The visual impact of the building when viewed from the street and from adjoining properties.
The value of retaining vegetation within the front setback.
Page 929 of 1195

54.03-2 Building height objective

22/09/2023
VC243 To ensure that the height of buildings respects the existing or preferred neighbourhood character.
Standard A4
The maximum building height should not exceed the maximum height speci昀椀ed in the zone,
schedule to the zone or an overlay that applies to the land.
If no maximum height is speci昀椀ed in the zone, schedule to the zone or an overlay, the maximum
building height should not exceed 9 metres, unless the slope of the natural ground level at any
cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case
the maximum building height should not exceed 10 metres.
Decision guidelines
Any maximum building height speci昀椀ed in the zone, a schedule to the zone or an overlay
applying to the land.
The effect of the slope of the site on the height of the building.
The relationship between the proposed building height and the height of existing adjacent
buildings.
54.03-3 Site coverage objective

15/07/2013
VC100 To ensure that the site coverage respects the existing or preferred neighbourhood character and
responds to the features of the site.
Standard A5
The site area covered by buildings should not exceed:
The maximum site coverage speci昀椀ed in a schedule to the zone, or
If no maximum site coverage is speci昀椀ed in a schedule to the zone, 60 per cent.
Decision guidelines
The existing site coverage and any constraints imposed by existing development or the features
of the site.
The site coverage of adjacent properties.
The effect of the visual bulk of the building and whether this is acceptable in the neighbourhood.
54.03-4 Permeability objectives

15/07/2013
VC100 To reduce the impact of increased stormwater run-off on the drainage system.
To facilitate on-site stormwater in昀椀ltration.
Standard A6
The site area covered by pervious surfaces should be at least:
Page 930 of 1195

The minimum area speci昀椀ed in a schedule to the zone; or

If no minimum area is speci昀椀ed in a schedule to the zone, 20 per cent of the site.
Decision guidelines
The existing site coverage and any constraints imposed by existing development.
The capacity of the site to absorb run-off.
The practicality of achieving the minimum site coverage of pervious surfaces, particularly on
lots of less than 300 square metres.
54.03-5 Energy efficiency protection objectives

14/12/2023
VC253 To achieve and protect energy ef昀椀cient dwellings and small second dwellings.
To ensure the orientation and layout of development reduce fossil fuel energy use and make
appropriate use of daylight and solar energy.
Standard A7
Living areas and private open space should be located on the north side of the dwelling or small
second dwelling, if practicable.
A dwelling or small second dwelling should be designed so that solar access to north-facing
windows is maximised.
Decision guidelines
The size, orientation and slope of the lot.
The existing amount of solar access to abutting properties.
The extent to which an existing rooftop solar energy system on an adjoining lot is overshadowed
by existing buildings or other permanent structures.
Whether the existing rooftop solar energy system on an adjoining lot is appropriately located.
The effect of overshadowing on an existing rooftop solar energy system on an adjoining lot.
The availability of solar access to north-facing windows on the site.
54.03-6 Significant trees objectives

19/01/2006
VC37 To encourage development that respects the landscape character of the neighbourhood.
Page 931 of 1195

To encourage the retention of signi昀椀cant trees on the site.
Standard A8
Development should provide for the retention or planting of trees, where these are part of the
Decision guidelines
The health of any trees that were removed or are proposed to be removed.
Whether a tree was removed to gain a development advantage.
54.03-7 Building setback

14/12/2023
VC253 To ensure that small second dwellings are sited to respect the existing or preferred neighbourhood
character.
Standard A9
Walls of a small second dwelling should be set back behind the front wall of the existing dwelling
on the lot, facing the frontage.
Porches, pergolas, verandahs, and eaves should not encroach into the setback of this standard.
Decision guidelines
54.03-8 Safety and accessibility

14/12/2023
VC253 To ensure access to a small second dwelling is safe, convenient and meets the needs of residents.
Standard A9.1
A small second dwelling should be provided with a clear and unobstructed path from the frontage
that:
Has a minimum width of at least 1 metre, with no encroachments. If the path is longer than 30
metres, the path should have a minimum width of at least 1.8 metres.
Has a minimum clear height of at least 2 metres, with no encroachments.
Has a gradient no steeper than 1 in 14.
Has a cross fall no steeper than 1 in 40.
Is sealed or has an all-weather access.
Decision guidelines
Page 932 of 1195

The safety and accessibility of the small second dwelling.
Page 933 of 1195

54.04 AMENITY IMPACTS

10/12/2013
VC99
54.04-1 Side and rear setbacks objective

14/12/2023
VC253 To ensure that the height and setback of a building from a boundary respects the existing or preferred
neighbourhood character and limits the impact on the amenity of existing dwellings or small second
dwellings.
Standard A10
boundaries:
If no distance is speci昀椀ed in a schedule to the zone, 1 metre, plus 0.3 metres for every metre
of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9
metres.
Diagram A1 Side and rear setbacks
Decision guidelines
Page 934 of 1195


The impact on the amenity of the habitable room windows and secluded private open space of
existing dwellings or small second dwellings.
Whether the wall is opposite an existing or simultaneously constructed wall built to the boundary.
Whether the wall abuts a side or rear lane.
54.04-2 Walls on boundaries objective

14/12/2023
VC253 To ensure that the location, length and height of a wall on a boundary respects the existing or
preferred neighbourhood character and limits the impact on the amenity of existing dwellings or
small second dwellings.
Standard A11
constructed on or within 1 metre of a side or rear boundary of a lot should not abut the boundary:
For a length more than the distance speci昀椀ed in a schedule to the zone; or
If no distance is speci昀椀ed in a schedule to the zone, for a length of more than:
– 10 metres plus 25 per cent of the remaining length of the boundary of an adjoining lot, or
– Where there are existing or simultaneously constructed walls or carports abutting the
boundary on an abutting lot, the length of the existing or simultaneously constructed walls
or carports, whichever is the greater.
A new wall or carport may fully abut a side or rear boundary where the slope and retaining walls
or fences would result in the effective height of the wall or carport being less than 2 metres on the
constructed wall.
Decision guidelines
The extent to which walls on boundaries are part of the neighbourhood character.
The visual impact of the building when viewed from adjoining properties.
The impact on the amenity of existing dwellings or small second dwellings.
The opportunity to minimise the length of walls on boundaries by aligning a new wall on a
boundary with an existing wall on a lot of an adjoining property.
The orientation of the boundary that the wall is being built on.
The width of the lot.
The extent to which the slope and retaining walls or fences reduce the effective height of the
wall.
The need to increase the wall height to screen a box gutter.
Page 935 of 1195

54.04-3 Daylight to existing windows objective

14/12/2023
VC253 To allow adequate daylight into existing habitable room windows.
Standard A12
Diagram A2 Daylight to existing windows
Decision guidelines
The extent to which the existing dwelling or small second dwelling has provided for reasonable
daylight access to its habitable rooms through the siting and orientation of its habitable room
windows.
54.04-4 North-facing windows objective

14/12/2023
VC253 To allow adequate solar access to existing north-facing habitable room windows.
Standard A13
plus 0.6 metre for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every
Page 936 of 1195

Diagram A3 North-facing windows
Decision guidelines
Existing sunlight to the north-facing habitable room window of the existing dwelling or small
second dwelling.
54.04-5 Overshadowing open space objective

14/12/2023
VC253 To ensure buildings do not unreasonably overshadow existing secluded private open space of
Standard A14
reduced.
Decision guidelines
Page 937 of 1195


Existing sunlight penetration to the secluded private open space of the existing dwelling or
The time of day that sunlight is available to the secluded private open space of the existing
dwelling or small second dwellings.
The effect of a reduction in sunlight on the existing use of the secluded private open space.
54.04-6 Overlooking objective

14/12/2023
VC253 To limit views into existing secluded private open space and habitable room windows.
Standard A15
direct views into the secluded private open space and habitable room windows of an existing
dwelling or small second dwelling within a horizontal distance of 9 metres (measured at ground
level) of the window, balcony, terrace, deck or patio. Views should be measured within a 45 degree
angle from the plane of the window or perimeter of the balcony, terrace, deck or patio, and from
a height of 1.7 metres above 昀氀oor level.
Offset a minimum of 1.5 metres from the edge of one window to the edge of the other, or
Have sill heights of at least 1.7 metres above 昀氀oor level, or
Have obscure glazing in any part of the window below 1.7 metres above 昀氀oor level, or
Diagram A4 Overlooking open space
Page 938 of 1195

Decision guidelines
The impact on the amenity of the secluded private open space or habitable room window.
The existing extent of overlooking into the secluded private open space and habitable room
windows of existing dwellings or small second dwellings.
The internal daylight to and amenity of the proposed dwelling or small second dwelling.
Page 939 of 1195

54.05 ON-SITE AMENITY AND FACILITIES

15/07/2013
VC100
54.05-1 Daylight to new windows objective

19/01/2006
VC37 To allow adequate daylight into new habitable room windows.
Standard A16
perimeter.
Decision guidelines
Whether there are other windows in the habitable room which have access to daylight.
54.05-2 Private open space objective

14/12/2023
VC253 To provide adequate private open space for the reasonable recreation and service needs of residents.
Standard A17
A dwelling should have private open space of an area and dimensions speci昀椀ed in a schedule to
the zone.
If no area or dimensions is speci昀椀ed in a schedule to the zone, a dwelling should have private open
space consisting of an area of 80 square metres or 20 per cent of the area of the lot, whichever is
the lesser, but not less than 40 square metres. At least one part of the private open space should
consist of secluded private open space with a minimum area of 25 square metres and a minimum
dimension of 3 metres at the side or rear of the dwelling with convenient access from a living
room.
A dwelling with a small second dwelling on the same lot should have private open space of an
area and dimensions speci昀椀ed in a schedule to the zone.
If no area or dimensions is speci昀椀ed in a schedule to the zone, a dwelling with a small second
dwelling on the same lot should have secluded private open space consisting of an area of 25
square metres and a minimum dimension of 3 metres at the side or rear of the dwelling with
A small second dwelling should have a secluded private open space consisting of an area of 8
square metres with a minimum dimension of 1.6 metres and convenient access from a living room.
Decision guidelines
The useability of the private open space, including its size and accessibility.
The availability of and access to public open space.
The orientation of the lot to the street and the sun.
Page 940 of 1195

54.05-3 Solar access to open space objective

19/01/2006
VC37 To allow solar access into the secluded private open space of a new dwelling.
Standard A18
The private open space should be located on the north side of the dwelling, if practicable.
Diagram A5 Solar access to open space
Decision guidelines
The useability and amenity of the secluded private open space based on the sunlight it will
receive.
Page 941 of 1195

54.06 DETAILED DESIGN

15/07/2013
VC100
54.06-1 Design detail objective

19/01/2006
VC37 To encourage design detail that respects the existing or preferred neighbourhood character.
Standard A19
The design of buildings, including:
Facade articulation and detailing,
Roof form, and
should respect the existing or preferred neighbourhood character.
Garages and carports should be visually compatible with the development and the existing or
Decision guidelines
The effect on the visual bulk of the building and whether this is acceptable in the neighbourhood
setting.
Whether the design is innovative and of a high architectural standard.
54.06-2 Front fences objective

22/09/2023
VC243 To encourage front fence design that respects the existing or preferred neighbourhood character.
Standard A20
The maximum height speci昀椀ed in a schedule to the zone, or
If no maximum height is speci昀椀ed in a schedule to the zone, the maximum height speci昀椀ed in
Table A2.
Table A2 Maximum front fence height
Street context Maximum front fence height
Streets in a Transport Zone 2 2 metres
Decision guidelines
The setback, height and appearance of front fences on adjacent properties.
Page 942 of 1195

The extent to which slope and retaining walls reduce the effective height of the front fence.
Whether the fence is needed to minimise noise intrusion.
Page 943 of 1195

55 TWO OR MORE DWELLINGS ON A LOT AND RESIDENTIAL BUILDINGS

22/09/2023
VC243
Purpose
To achieve residential development that respects the existing neighbourhood character or which
contributes to a preferred neighbourhood character.
To encourage residential development that provides reasonable standards of amenity for existing
and new residents.
To encourage residential development that is responsive to the site and the neighbourhood.
Application
Provisions in this clause apply to an application to:
Construct a dwelling if there is at least one dwelling existing on the lot,
Construct two or more dwellings on a lot,
Extend a dwelling if there are two or more dwellings on the lot,
Construct or extend a dwelling on common property, or
Construct or extend a residential building,
in the Neighbourhood Residential Zone, General Residential Zone, Residential Growth Zone,
Mixed Use Zone or Township Zone.
The provisions of this clause apply to an application speci昀椀ed above, in the manner set out in the
following table.
Application type Applicable clauses
To construct or extend a dwelling (other than a dwelling All of Clause 55 except Clause 55.07-1 to
in or forming part of an apartment development), or 55.07-19 (inclusive).
To construct or extend a residential building.
To construct or extend an apartment development, or All of Clause 55 except Clause 55.03-5, Clause
55.03-6, Clause 55.03-8, Clause 55.04-8, Clause
To construct or extend a dwelling in or forming part of 55.05-1, Clause 55.05-2 and Clause 55.05-6.
an apartment development.
These provisions do not apply to an application to construct or extend a development of 昀椀ve or

more storeys, excluding a basement or to construct or extend a dwelling in a development of 昀椀ve
or more storeys, excluding a basement.
Operation
development.
may be considered.
Requirements
A development:
Page 944 of 1195

Must meet all of the objectives of this clause that apply to the application.
Should meet all of the standards of this clause that apply to the application.
If a development meets standard B6, B7, B8, B17, B18, B19, B20, B21, B22, B27, B28, B30 or
B32, it is deemed to meet the objective for that standard.
Where standard B6, B7, B8, B17, B18, B19, B20, B21, B22, B27, B28, B30 or B32 is met the
decision guidelines for that standard do not apply to the application.
For all of the provisions of Clause 55 other than Clause 55.07 (Apartment developments):
If a zone or a schedule to a zone speci昀椀es a requirement of a standard different from a
requirement set out in this clause, the requirement in the zone or a schedule to the zone applies.
If the land is included in a Neighbourhood Character Overlay and a schedule to the overlay
speci昀椀es a requirement of a standard different from a requirement set out in this clause or a
requirement in the zone or a schedule to the zone, the requirement in the schedule to the overlay
applies.
If the land is included in an overlay, other than a Neighbourhood Character Overlay, and a
schedule to the overlay speci昀椀es a requirement different from a requirement of a standard set
out in this clause or a requirement of a standard set out in the zone or a schedule to the zone,
the requirement in the overlay applies.
The requirements of a standard set out in Clause 55.07 (Apartment developments) apply to the
exclusion of any different requirement speci昀椀ed in a zone, a schedule to a zone, or a schedule to
an overlay.
Clause 55.03-4 of this planning scheme, as in force immediately before the approval date of
Amendment VC154, continues to apply to:
Page 945 of 1195

55.01 NEIGHBOURHOOD AND SITE DESCRIPTION AND DESIGN RESPONSE

16/01/2018
A neighbourhood and site description.
A design response.
55.01-1 Neighbourhood and site description

16/01/2018
VC142 The neighbourhood and site description may use a site plan, photographs or other techniques and
must accurately describe:
In relation to the neighbourhood:
– The pattern of development of the neighbourhood.
– The built form, scale and character of surrounding development including front fencing.
– Architectural and roof styles.
– Any other notable features or characteristics of the neighbourhood.

– The location of existing buildings on the site and on surrounding properties, including the
– Solar access to the site and to surrounding properties.
site 12 months prior to the application being made, where known.
– The location of local shops, public transport services and public open spaces within walking
distance.
If in the opinion of the responsible authority a requirement of the neighbourhood and site description
is not relevant to the evaluation of an application, the responsible authority may waive or reduce
the requirement.
Satisfactory neighbourhood and site description

of Clause 55.01-1 and is satisfactory.
the Act.
Page 946 of 1195


20/12/2021
Derives from and responds to the neighbourhood and site description.
Responds to any neighbourhood character features for the area identi昀椀ed in a local planning
policy or a Neighbourhood Character Overlay.
If the application is for an apartment development, the design response must explain how the
proposed design selects materials and 昀椀nishes for the external walls.
requirement.
Page 947 of 1195

55.02 NEIGHBOURHOOD CHARACTER AND INFRASTRUCTURE

31/07/2018
VC148

19/01/2006
VC37 To ensure that the design respects the existing neighbourhood character or contributes to a preferred
To ensure that development responds to the features of the site and the surrounding area.
Standard B1
The design response must be appropriate to the neighbourhood and the site.
The proposed design must respect the existing or preferred neighbourhood character and respond
Decision guidelines
The neighbourhood and site description.
55.02-2 Residential policy objectives

11/04/2019
VC156 To ensure that residential development is provided in accordance with any policy for housing in
the Municipal Planning Strategy and the Planning Policy Framework.
To support medium densities in areas where development can take advantage of public transport
and community infrastructure and services.
Standard B2
An application must be accompanied by a written statement to the satisfaction of the responsible
authority that describes how the development is consistent with any relevant policy for housing
in the Municipal Planning Strategy and the Planning Policy Framework.
Decision guidelines
55.02-3 Dwelling diversity objective

19/01/2006
VC37 To encourage a range of dwelling sizes and types in developments of ten or more dwellings.
Standard B3
Developments of ten or more dwellings should provide a range of dwelling sizes and types,
including:
Dwellings with a different number of bedrooms.
At least one dwelling that contains a kitchen, bath or shower, and a toilet and wash basin at
ground 昀氀oor level.
55.02-4 Infrastructure objectives

01/01/2024
VC250 To ensure development is provided with appropriate utility services and infrastructure.
Page 948 of 1195

To ensure development does not unreasonably overload the capacity of utility services and
infrastructure.
Standard B4
and electricity, if available.
Decision guidelines
The capacity of the existing infrastructure.
In the absence of reticulated sewerage, a Land Capability Assessment on the risks to human
health and the environment of an on-site wastewater management system constructed, installed
or altered on the lot in accordance with the requirements of the Environment Protection
If the drainage system has little or no spare capacity, the capacity of the development to provide
for stormwater drainage mitigation or upgrading of the local drainage system.

19/01/2006
Standard B5
Developments should provide adequate vehicle and pedestrian links that maintain or enhance local
accessibility.
High fencing in front of dwellings should be avoided if practicable.
Development next to existing public open space should be laid out to complement the open space.
Decision guidelines
Page 949 of 1195

55.03 SITE LAYOUT AND BUILDING MASSING

31/07/2018
VC148
55.03-1 Street setback objective

20/01/2022
VC205 To ensure that the setbacks of buildings from a street respect the existing or preferred neighbourhood
character and make ef昀椀cient use of the site.
Standard B6
Walls of buildings should be set back from streets:
If no distance is speci昀椀ed in a schedule to the zone, the distance speci昀椀ed in Table B1.
Porches, pergolas and verandahs that are less than 3.6 metres high and eaves may encroach not
more than 2.5 metres into the setbacks of this standard.
Table B1 Street setback
There is an existing building The average distance of the setbacks Not applicable
on both the abutting of the front walls of the existing buildings
allotments facing the same on the abutting allotments facing the
street, and the site is not on front street or 9 metres, whichever is the
a corner. lesser.
There is an existing building The same distance as the setback of Not applicable
on one abutting allotment the front wall of the existing building on
facing the same street and no the abutting allotment facing the front
existing building on the other street or 9 metres, whichever is the
abutting allotment facing the lesser.
same street, and the site is
not on a corner.
There is no existing building 6 metres for streets in a Transport Zone Not applicable
on either of the abutting 2 and 4 metres for other streets.
a corner.
The site is on a corner. If there is a building on the abutting Front walls of new development
allotment facing the front street, the fronting the side street of a corner
same distance as the setback of the site should be setback at least
front wall of the existing building on the the same distance as the setback
abutting allotment facing the front street of the front wall of any existing
or 9 metres, whichever is the lesser. building on the abutting allotment
If there is no building on the abutting whichever is the lesser.
allotment facing the front street, 6
metres for streets in a Transport Zone Side walls of new development
2 and 4 metres for other streets. on a corner site should be
setback the same distance as the
setback of the front wall of any
existing building on the abutting
allotment facing the side street
or 2 metres, whichever is the
lesser.
Decision guidelines
Page 950 of 1195

Whether a different setback would be more appropriate taking into account the prevailing
setbacks of existing buildings on nearby lots.
The value of retaining vegetation within the front setback.
55.03-2 Building height objective

22/09/2023
VC243 To ensure that the height of buildings respects the existing or preferred neighbourhood character.
Standard B7
The maximum building height should not exceed the maximum height speci昀椀ed in the zone,
schedule to the zone or an overlay that applies to the land.
If no maximum height is speci昀椀ed in the zone, schedule to the zone or an overlay, the maximum
building height should not exceed 9 metres, unless the slope of the natural ground level at any
cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case
the maximum building height should not exceed 10 metres.
Decision guidelines
Any maximum building height speci昀椀ed in the zone, a schedule to the zone or an overlay
applying to the land.
The effect of the slope of the site on the height of the building.
The relationship between the proposed building height and the height of existing adjacent
buildings.
55.03-3 Site coverage objective

15/07/2013
VC100 To ensure that the site coverage respects the existing or preferred neighbourhood character and
responds to the features of the site.
Standard B8
The site area covered by buildings should not exceed:
The maximum site coverage speci昀椀ed in a schedule to the zone, or
If no maximum site coverage is speci昀椀ed in a schedule to the zone, 60 per cent.
Decision guidelines
The existing site coverage and any constraints imposed by existing development or the features
of the site.
The site coverage of adjacent properties.
The effect of the visual bulk of the building and whether this is acceptable in the neighbourhood.
Page 951 of 1195

55.03-4 Permeability and stormwater management objectives

26/10/2018
VC154 To reduce the impact of increased stormwater run-off on the drainage system.
To facilitate on-site stormwater in昀椀ltration.
Standard B9
The site area covered by the pervious surfaces should be at least:
The minimum area speci昀椀ed in a schedule to the zone, or
If no minimum is speci昀椀ed in a schedule to the zone, 20 percent of the site.
The stormwater management system should be designed to:
Meet the current best practice performance objectives for stormwater quality as contained in
the Urban Stormwater - Best Practice Environmental Management Guidelines (Victorian
Stormwater Committee, 1999).
Contribute to cooling, improving local habitat and providing attractive and enjoyable spaces.
Decision guidelines
The capacity of the site to incorporate stormwater retention and reuse.
The existing site coverage and any constraints imposed by existing development.
The capacity of the site to absorb run-off.
The practicality of achieving the minimum site coverage of pervious surfaces, particularly on
lots of less than 300 square metres.
55.03-5 Energy efficiency objectives

14/12/2023
VC253 To achieve and protect energy ef昀椀cient dwellings, residential buildings and small second dwellings.
Standard B10
practicable.
Developments should be designed so that solar access to north-facing windows is maximised.
Page 952 of 1195

Decision guidelines
The size, orientation and slope of the lot.
55.03-6 Open space objective

31/07/2018
VC148 To integrate the layout of development with any public and communal open space provided in or
adjacent to the development.
Standard B11
If any public or communal open space is provided on site, it should:
Be substantially fronted by dwellings, where appropriate.
Provide outlook for as many dwellings as practicable.
Be designed to protect any natural features on the site.
Be accessible and useable.
Decision guidelines
Any relevant plan or policy for open space in the Municipal Planning Strategy and the Planning
Policy Framework.
55.03-7 Safety objective

19/01/2006
VC37 To ensure the layout of development provides for the safety and security of residents and property.
Standard B12
Entrances to dwellings and residential buildings should not be obscured or isolated from the street
thoroughfares.
Decision guideline
Before deciding on an application, the responsible authority must consider the design response.
55.03-8 Landscaping objectives

31/07/2018
VC148 To encourage development that respects the landscape character of the neighbourhood.
Page 953 of 1195

To encourage development that maintains and enhances habitat for plants and animals in locations
of habitat importance.
To provide appropriate landscaping.
To encourage the retention of mature vegetation on the site.
Standard B13
The landscape layout and design should:
Protect any predominant landscape features of the neighbourhood.
Allow for intended vegetation growth and structural protection of buildings.
In locations of habitat importance, maintain existing habitat and provide for new habitat for
plants and animals.
Development should provide for the retention or planting of trees, where these are part of the
character of the neighbourhood.
The landscape design should specify landscape themes, vegetation (location and species), paving
and lighting.
Development should meet any additional landscape requirements speci昀椀ed in a schedule to the
zone.
Decision guidelines
Any relevant plan or policy for landscape design in the Municipal Planning Strategy and the
Planning Policy Framework.
The location and size of gardens and the predominant plant types in the neighbourhood.
The health of any trees to be removed.
Whether a tree was removed to gain a development advantage.
55.03-9 Access objective

20/01/2022
VC205 To ensure the number and design of vehicle crossovers respects the neighbourhood character.
Standard B14
The width of accessways or car spaces should not exceed:
33 per cent of the street frontage, or
if the width of the street frontage is less than 20 metres, 40 per cent of the street frontage.
No more than one single-width crossover should be provided for each dwelling fronting a street.
The location of crossovers should maximise the retention of on-street car parking spaces.
The number of access points to a road in a Transport Zone 2 or a Transport Zone 3 should be
minimised.
Page 954 of 1195

Decision guidelines
The impact on the neighbourhood character.
The reduction of on-street car parking spaces.
The effect on any signi昀椀cant vegetation on the site and footpath.
55.03-10 Parking location objectives

19/04/2013
VC95 To provide convenient parking for resident and visitor vehicles.
To protect residents from vehicular noise within developments.
Standard B15
Be reasonably close and convenient to dwellings and residential buildings.
Be secure.
Shared accessways or car parks of other dwellings and residential buildings should be located at
least 1.5 metres from the windows of habitable rooms. This setback may be reduced to 1 metre
where there is a fence at least 1.5 metres high or where window sills are at least 1.4 metres above
the accessway.
Decision guideline
Page 955 of 1195


10/12/2013
VC99
55.04-1 Side and rear setbacks objective

14/12/2023
VC253 To ensure that the height and setback of a building from a boundary respects the existing or preferred
neighbourhood character and limits the impact on the amenity of existing dwellings or small second
dwellings.
Standard B17
boundaries:
If no distance is speci昀椀ed in a schedule to the zone, 1 metre, plus 0.3 metres for every metre
of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9
metres.
Diagram B1 Side and rear setbacks
Decision guidelines
Page 956 of 1195

The impact on the amenity of the habitable room windows and secluded private open space of
existing dwellings or small second dwellings.
Whether the wall is opposite an existing or simultaneously constructed wall built to the boundary.
55.04-2 Walls on boundaries objective

14/12/2023
VC253 To ensure that the location, length and height of a wall on a boundary respects the existing or
preferred neighbourhood character and limits the impact on the amenity of existing dwellings or
Standard B18
constructed on or within 1 metre of a side or rear boundary of lot should not abut the boundary:
For a length of more than the distance speci昀椀ed in a schedule to the zone; or
If no distance is speci昀椀ed in a schedule to the zone, for a length of more than:
– 10 metres plus 25 per cent of the remaining length of the boundary of an adjoining lot, or
– Where there are existing or simultaneously constructed walls or carports abutting the
boundary on an abutting lot, the length of the existing or simultaneously constructed walls
or carports whichever is the greater.
constructed wall.
Decision guidelines
The extent to which walls on boundaries are part of the neighbourhood character.
The opportunity to minimise the length of walls on boundaries by aligning a new wall on a
boundary with an existing wall on a lot of an adjoining property.
The orientation of the boundary that the wall is being built on.
The width of the lot.
The extent to which the slope and retaining walls or fences reduce the effective height of the
wall.
The need to increase the wall height to screen a box gutter.
Page 957 of 1195

55.04-3 Daylight to existing windows objective

14/12/2023
VC253 To allow adequate daylight into existing habitable room windows.
Standard B19
Diagram B2 Daylight to existing windows
Decision guidelines
The extent to which the existing dwelling or small second dwelling has provided for reasonable
daylight access to its habitable rooms through the siting and orientation of its habitable room
windows.
55.04-4 North-facing windows objective

14/12/2023
VC253 To allow adequate solar access to existing north-facing habitable room windows.
Standard B20
Page 958 of 1195

Diagram B3 North-facing windows
Decision guidelines
Existing sunlight to the north-facing habitable room window of the existing dwelling or small
second dwelling.
55.04-5 Overshadowing open space objective

14/12/2023
VC253 To ensure buildings do not signi昀椀cantly overshadow existing secluded private open space.
Standard B21
Where sunlight to the secluded private open space of an existing dwelling or small second
dwelling is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres,
whichever is the lesser area, of the secluded private open space should receive a minimum of 昀椀ve
hours of sunlight between 9 am and 3 pm on 22 September.
reduced.
Decision guidelines
Page 959 of 1195


Existing sunlight penetration to the secluded private open space of the existing dwelling or
small second dwelling.
The time of day that sunlight will be available to the secluded private open space of the existing
dwelling or small second dwelling.
The effect of a reduction in sunlight on the existing use of the existing secluded private open
space.
55.04-6 Overlooking objective

14/12/2023
VC253 To limit views into existing secluded private open space and habitable room windows.
Standard B22
level.
Page 960 of 1195

Diagram B4 Overlooking open space
Decision guidelines
The impact on the amenity of the secluded private open space or habitable room window.
The existing extent of overlooking into the secluded private open space and habitable room
windows of existing dwellings or small second dwellings.
The internal daylight to and amenity of the proposed dwelling, residential building or small
second dwelling.
55.04-7 Internal views objective

19/01/2006
VC37 To limit views into the secluded private open space and habitable room windows of dwellings and
residential buildings within a development.
Standard B23
Windows and balconies should be designed to prevent overlooking of more than 50 per cent of
the secluded private open space of a lower-level dwelling or residential building directly below
and within the same development.
Decision guideline
55.04-8 Noise impacts objectives

14/12/2023
VC253 To contain noise sources in developments that may affect existing dwellings or small second
dwellings.
To protect residents from external noise.
Standard B24
Decision guideline
Page 961 of 1195


13/04/2017
VC136
55.05-1 Accessibility objective

19/01/2006
VC37 To encourage the consideration of the needs of people with limited mobility in the design of
developments.
Standard B25
The dwelling entries of the ground 昀氀oor of dwellings and residential buildings should be accessible
or able to be easily made accessible to people with limited mobility.
55.05-2 Dwelling entry objective

19/01/2006
VC37 To provide each dwelling or residential building with its own sense of identity.
Standard B26
Entries to dwellings and residential buildings should:
Be visible and easily identi昀椀able from streets and other public areas.
55.05-3 Daylight to new windows objective

19/01/2006
Standard B27
perimeter.
Decision guidelines
Whether there are other windows in the habitable room which have access to daylight.

13/04/2017
Standard B28
A dwelling or residential building should have private open space of an area and dimensions
speci昀椀ed in a schedule to the zone.
If no area or dimensions are speci昀椀ed in a schedule to the zone, a dwelling or residential building
should have private open space consisting of:
An area of 40 square metres, with one part of the private open space to consist of secluded
private open space at the side or rear of the dwelling or residential building with a minimum
area of 25 square metres, a minimum dimension of 3 metres and convenient access from a
living room, or
Page 962 of 1195

a living room, or
from a living room.
The balcony requirements in Clause 55.05-4 do not apply to an apartment development.
Decision guidelines
The useability of the private open space, including its size and accessibility.
The availability of and access to public or communal open space.
The orientation of the lot to the street and the sun.
55.05-5 Solar access to open space objective

19/01/2006
VC37 To allow solar access into the secluded private open space of new dwellings and residential
buildings.
Standard B29
The private open space should be located on the north side of the dwelling or residential building,
if appropriate.
Diagram B5 Solar access to open space
Decision guidelines
The useability and amenity of the secluded private open space based on the sunlight it will
receive.
55.05-6 Storage objective

19/01/2006
VC37 To provide adequate storage facilities for each dwelling.
Page 963 of 1195

Standard B30
Each dwelling should have convenient access to at least 6 cubic metres of externally accessible,
secure storage space.
Page 964 of 1195


15/07/2013
VC100
55.06-1 Design detail objective

19/01/2006
VC37 To encourage design detail that respects the existing or preferred neighbourhood character.
Standard B31
The design of buildings, including:
Facade articulation and detailing,
Roof form, and
should respect the existing or preferred neighbourhood character.
Garages and carports should be visually compatible with the development and the existing or
Decision guidelines
The effect on the visual bulk of the building and whether this is acceptable in the neighbourhood
setting.
Whether the design is innovative and of a high architectural standard.
55.06-2 Front fences objective

22/09/2023
VC243 To encourage front fence design that respects the existing or preferred neighbourhood character.
Standard B32
The maximum height speci昀椀ed in a schedule to the zone, or
If no maximum height is speci昀椀ed in a schedule to the zone, the maximum height speci昀椀ed in
Table B3.
Table B3 Maximum front fence height
Street Context Maximum front fence height
Streets in a Transport Zone 2 2 metres
Decision guidelines
The setback, height and appearance of front fences on adjacent properties.
Page 965 of 1195

The extent to which slope and retaining walls reduce the effective height of the front fence.
Whether the fence is needed to minimise noise intrusion.
55.06-3 Common property objectives

19/01/2006
VC37 To ensure that communal open space, car parking, access areas and site facilities are practical,
attractive and easily maintained.
To avoid future management dif昀椀culties in areas of common ownership.
Standard B33
55.06-4 Site services objectives

19/01/2006
VC37 To ensure that site services can be installed and easily maintained.
To ensure that site facilities are accessible, adequate and attractive.
Standard B34
The design and layout of dwellings and residential buildings should provide suf昀椀cient space
(including easements where required) and facilities for services to be installed and maintained
ef昀椀ciently and economically.
Bin and recycling enclosures, mailboxes and other site facilities should be adequate in size, durable,
waterproof and blend in with the development.
Bin and recycling enclosures should be located for convenient access by residents.
Mailboxes should be provided and located for convenient access as required by Australia Post.
Decision guideline
Page 966 of 1195

55.07 APARTMENT DEVELOPMENTS

31/07/2018
VC148
Purpose
Clause 55.07 sets out requirements for an apartment development.

14/12/2023
VC253 To achieve and protect energy ef昀椀cient dwellings and buildings.
To ensure dwellings achieve adequate thermal ef昀椀ciency.
Standard B35
practicable.
Dwellings located in a climate zone identi昀椀ed Table B4 in should not exceed the maximum
NatHERS annual cooling load speci昀椀ed in the following table.
Table B4 Cooling load

MJ/M2 per annum
Decision guidelines
Page 967 of 1195

The size, orientation and layout of the site.

The annual cooling load for each dwelling.
55.07-2 Communal open space objective

14/12/2023
VC253 To provide communal open space that meets the recreation and amenity needs of residents.
To ensure that communal open space is accessible, functional, and is easily maintained.
To ensure that communal open space is integrated with the layout of the development and enhances
resident amenity.
Standard B36
Located to:
– Minimise noise impacts to new and existing dwellings and existing small second dwellings.
trees.
Decision guidelines
Any relevant urban design objective, policy or statement set out in this scheme.
55.07-3 Solar access to communal outdoor open space objective

13/04/2017
VC136 To allow solar access into communal outdoor open space.
Page 968 of 1195

Standard B37
Decision guidelines
The useability and amenity of the primary communal outdoor open space areas based on the
urban context, the orientation of the building, the layout of dwellings and the sunlight it will
receive.
55.07-4 Landscaping objective

15/03/2024
VC256 To provide landscaping that supports the existing or preferred urban context of the area and reduces
the visual impact of buildings on the streetscape.
To preserve existing canopy cover and support the provision of new canopy cover.
To ensure landscaping is climate responsive, supports biodiversity, wellbeing and amenity and
reduces urban heat.
Standard B38
Development should:
Provide the canopy cover and deep soil areas speci昀椀ed in Table B5. Existing trees can be used
to meet the canopy cover requirements of Table B5.
– Located in an area of deep soil speci昀椀ed in Table B6. Where deep soil cannot be provided
trees should be provided in planters speci昀椀ed in Table B6.
– Consistent with the canopy diameter and height at maturity speci昀椀ed in Table B7.
lighting.
Page 969 of 1195

Table B5 Canopy cover and deep soil requirements
1000 5% of site area 5% of site area or 12

square metres whichever
square metres or less Include at least 1 Type A tree is the greater
1001 - 1500 50 square metres plus 20% of site area above 7.5% of site area
1,000 square metres
square metres
1501 - 2500 square 150 square metres plus 20% of site area above 10% of site area
metres 1,500 square metres
Include at least 2 Type B trees or 1 Type C tree
2501 350 square metres plus 20% of site area above 15% of site area
2,500 square metres
square metres or more
Table B6 Soil requirements for trees
Area of deep soil Volume of planter soil

metres) 2.5 metres)

metres) 4.5 metres)

metres) 6.5 metres)
Table B7 Tree types
Tree types Minimum canopy diameter at Minimum height at maturity

maturity
A 4 metres 6 metres
B 8 metres 8 metres
Decision guidelines
Any relevant neighbourhood character, landscaping or environmental policy, objective, strategy
or statement set out in this planning scheme.
The suitability of the proposed location, deep soil area and planter soil volume for canopy trees.
Page 970 of 1195

The suitability of the proposed landscaping in communal outdoor open space.

The type and quantity of canopy cover, including any alternatives to trees.
The soil type and drainage patterns of the site.
The ongoing management of landscaping, including any irrigation systems.
55.07-5 Integrated water and stormwater management objectives

26/10/2018
VC154 To encourage the use of alternative water sources such as rainwater, stormwater and recycled
water.
To facilitate stormwater collection, utilisation and in昀椀ltration within the development.
To encourage development that reduces the impact of stormwater run-off on the drainage system
and 昀椀lters sediment and waste from stormwater prior to discharge from the site.
Standard B39
Buildings should be designed to collect rainwater for non-drinking purposes such as 昀氀ushing
toilets, laundry appliances and garden use.
Decision guidelines
scheme.
drainage system.

20/12/2021
VC174 To ensure that vehicle crossovers are designed and located to provide safe access for pedestrians,
cyclists and other vehicles.
To ensure that vehicle crossovers are designed and located to minimise visual impact.
Standard B40
Page 971 of 1195

Development must provide access for service, emergency and delivery vehicles.
Decision guidelines

The impact on the street.
The impact on the safety of pedestrians or cyclists.
The effect on any signi昀椀cant vegetation on the site and road reserve.
55.07-7 Noise impacts objective

14/12/2023
VC253 To contain noise sources in developments that may affect existing dwellings
or small second dwellings.
To protect residents from external and internal noise sources.
Standard B41
and other dwellings.
Buildings within a noise in昀氀uence area speci昀椀ed in Table B8 should be designed and constructed
Table B8 Noise influence area
Noise source Noise influence area
Zone interface

boundary
Roads
Page 972 of 1195

Railways
Melbourne
Decision guidelines
Whether it can be demonstrated that the design treatment incorporated into the development
meets the speci昀椀ed noise levels or an acoustic report by a suitably quali昀椀ed specialist submitted
with the application.
Whether the impact of potential noise sources within a development have been mitigated through
design, location and siting.
Whether the layout of rooms within a dwelling mitigates noise transfer within and between
dwellings.
Whether an alternative design meets the relevant objectives having regard to the amenity of
the dwelling or small second dwelling and the site context.

20/12/2021
VC174 To ensure the design of dwellings meets the needs of people with limited mobility.
Standard B42
B speci昀椀ed in Table B9.
Table B9 Bathroom design
opposite the shower.

Page 973 of 1195


A door that opens inwards that is clear A door that opens inwards and has
of the circulation area and has readily readily removable hinges.
removable hinges.
Circulation A clear circulation area that is: A clear circulation area that is:
area
metres.
The full length of the bathroom and a
Located in front of the shower and the minimum length of 2.7 metres.
toilet.
swing. area.
shower can overlap.
Path to A clear path with a minimum width of Not applicable.

circulation 900mm from the door opening to the
area circulation area.

removable shower screen and is located on
the furthest wall from the door opening.

20/12/2021
Standard B43
An area at ground level of at least 25 square metres, with a minimum dimension of 3 metres
and convenient access from a living room.
A balcony with at least the area and dimensions speci昀椀ed in Table B10 and convenient access
from a living room. If a cooling or heating unit is located on a balcony, the minimum balcony
area speci昀椀ed in Table B10 should be increased by at least 1.5 square metres.
dimension of 3 metres and convenient access from a living room.
An area on a roof of at least 10 square metres, with a minimum dimension of 2 metres and
Table B10 Balcony size

dimension

degrees east)

degrees east)

dwelling
Page 974 of 1195


dimension

dwelling
Decision guidelines
The useability and functionality of the private open space, including its size and accessibility.
The amenity of the private open space based on the orientation of the lot, noise exposure, the
wind conditions and the sunlight it will receive.

20/12/2021
Standard B44
the requirements speci昀椀ed in Table B11.
Table B11 Storage
the dwelling
Decision guidelines
The useability, functionality and location of storage facilities provided for the dwelling.
55.07-11 Waste and recycling objectives

24/01/2020
VC160 To ensure dwellings are designed to encourage waste recycling.
To ensure that waste and recycling facilities are accessible, adequate and attractive.
To ensure that waste and recycling facilities are designed and managed to minimise impacts on
residential amenity, health and the public realm.
Standard B45
Page 975 of 1195

as appropriate.
Waste and recycling management facilities should be design and managed in accordance with a
Waste Management Plan approved by the responsible authority and:
Decision guidelines
Any relevant waste and recycling objective, policy or statement set out in this scheme.
55.07-12 Functional layout objective

20/12/2021
VC174 To ensure dwellings provide functional areas that meet the needs of residents.
Standard B46
Bedrooms should:
Meet the minimum internal room dimensions speci昀椀ed in Table B12.
wardrobe.
Table B12 Bedroom dimensions
dimensions speci昀椀ed in Table B13.
Table B13 Living area dimensions
Page 976 of 1195

Decision guidelines
The useability, functionality and amenity of habitable rooms.
55.07-13 Room depth objective

13/04/2017
VC136 To allow adequate daylight into single aspect habitable rooms.
Standard B47
Decision guidelines
The extent to which the habitable room is provided with reasonable daylight access through
the number, size, location and orientation of windows.
The useability, functionality and amenity of the dwelling based on layout, siting, size and
orientation of habitable rooms.
Any overhang above habitable room windows that limits daylight access.
55.07-14 Windows objective

13/04/2017
Standard B48
The secondary area should be:
Decision guidelines
Page 977 of 1195


The useability and amenity of the dwelling based on the layout, siting, size and orientation of
habitable rooms.
55.07-15 Natural ventilation objectives

13/04/2017
VC136 To encourage natural ventilation of dwellings.
To allow occupants to effectively manage natural ventilation of dwellings.
Standard B49
dwelling.
Decision guidelines
The size, orientation, slope and wind exposure of the site.
The extent to which the orientation of the building and the layout of dwellings maximises
opportunities for cross ventilation.
the dwelling and the site context.
55.07-16 Building entry and circulation objectives

20/12/2021
VC174 To provide each dwelling and building with its own sense of identity.
To ensure the internal layout of buildings provide for the safe, functional and ef昀椀cient movement
of residents.
To ensure internal communal areas provide adequate access to daylight and natural ventilation.
Standard B50
Page 978 of 1195


Decision guidelines
The useability and amenity of internal communal areas based on daylight access and the natural
ventilation it will receive.

20/12/2021
To support development that activates street frontages.
Standard B51
Limit blank walls.
Decision guidelines
55.07-18 Site services objective

20/12/2021
VC174 To ensure that site services are accessible and can be easily installed and maintained.
To ensure that site services and facilities are visually integrated into the building design or landscape.
Standard B52
landscape.
Mailboxes and other site facilities should be adequate in size, durable, weather-protected, located
Decision guidelines
Page 979 of 1195

55.07-19 External walls and materials objective

20/12/2021
VC174 To ensure external walls use materials appropriate to the existing urban context or preferred future
development of the area.
To ensure external walls endure and retain their attractiveness.
Standard B53
Decision guidelines
Any relevant building design and urban design objective, policy or statement set out in this
scheme.
The urban context report.
Page 980 of 1195

56 RESIDENTIAL SUBDIVISION
31/07/2018
VC148
Purpose
To create liveable and sustainable neighbourhoods and urban places with character and identity.
To achieve residential subdivision outcomes that appropriately respond to the site and its context
for:
Metropolitan Melbourne growth areas.
In昀椀ll sites within established residential areas.
Regional cities and towns.
To ensure residential subdivision design appropriately provides for:
Policy implementation.
Liveable and sustainable communities.
Residential lot design.
Urban landscape.
Access and mobility management.
Integrated water management.
Site management.
Utilities.
Application
These provisions apply to an application to subdivide land in the Neighbourhood Residential Zone,
General Residential Zone, Residential Growth Zone, Mixed Use Zone or Township Zone and any
Comprehensive Development Zone or Priority Development Zone that provides for residential
development.
These provisions do not apply to an application to subdivide land into lots each containing an
existing dwelling or car parking space.
Operation
subdivision.
may be considered.
Requirement
An application to subdivide land:
Must be accompanied by a site and context description and a design response.
Must meet all of the objectives included in the clauses speci昀椀ed in the zone.
Should meet all of the standards included in the clauses speci昀椀ed in the zone.
Page 981 of 1195

Certification of standards
A subdivision may be certi昀椀ed by a person authorised by the Minister for Planning as meeting the
requirements of a standard in this clause.
A standard that is certi昀椀ed as met is deemed to have met the objective of that standard.
Page 982 of 1195

56.01 SUBDIVISION SITE AND CONTEXT DESCRIPTION AND DESIGN RESPONSE

16/01/2018
VC142
56.01-1 Subdivision site and context description

16/01/2018
VC142 The site and context description may use a site plan, photographs or other techniques and must
accurately describe:
– Levels and contours of the site.
– Natural features including trees and other signi昀椀cant vegetation, drainage lines, water
courses, wetlands, ridgelines and hill tops.
– The siting and use of existing buildings and structures.
– Access points.
– Location of drainage and other utilities.
– Easements.
– Any identi昀椀ed natural or cultural features of the site.
– Signi昀椀cant views to and from the site.
– Noise and odour sources or other external in昀氀uences.
– Soil conditions, including any land affected by contamination, erosion, salinity, acid sulphate
soils or 昀椀ll.
– Adjacent uses.
– Any other factor affecting the capacity to develop the site including whether the site is
affected by inundation.
An application for subdivision of 3 or more lots must also describe in relation to the surrounding
area:
– The pattern of subdivision.
– Existing land uses.
– The location and use of existing buildings on adjacent land.
– Abutting street and path widths, materials and detailing.
– The location and type of signi昀椀cant vegetation.
An application for subdivision of 60 or more lots must also describe in relation to the surrounding
area:
– Location, distance and type of any nearby public open space and recreational facilities.
– Direction and distances to local shops and community facilities.
– Directions and walking distances to public transport routes and stops.
– Direction and walking distances to existing neighbourhood, major and principal activity
centres and major employment areas.
Page 983 of 1195

– Existing transport routes, including freeways, arterial roads and streets connecting
neighbourhoods.
– Local street network including potential connections to adjacent subdivisions.
– Traf昀椀c volumes and movements on adjacent roads and streets.
– Pedestrian, bicycle and shared paths identifying whether their primary role is neighbourhood
or regional access.
– Any places of cultural signi昀椀cance.
– Natural features including trees and other signi昀椀cant vegetation, drainage lines, water
courses, wetlands, ridgelines and hill tops.
– Proximity of any 昀椀re threats.
– Pattern of ownership of adjoining lots.
If in the opinion of the responsible authority a requirement of the site and context description is
not relevant to the assessment of an application, the responsible authority may waive or reduce
the requirement.
Satisfactory subdivision site and context description

If the responsible authority decides that the site and context description is not satisfactory, it may
require more information from the applicant under Section 54 of the Act.
application until it is satis昀椀ed that the site and context description meets the requirements of Clause
56.01-1 and is satisfactory.
the Act.
56.01-2 Subdivision design response

09/10/2006
Derives from and responds to the site and context description.
Responds to any site and context features for the area identi昀椀ed in a local planning policy or
a Neighbourhood Character Overlay.
Responds to any relevant objective, policy, strategy or plan set out for the area in this scheme.
Meets the relevant objectives of Clause 56.
The design response must include a dimensioned plan to scale showing the layout of the subdivision
in context with the surrounding area. If in the opinion of the responsible authority this requirement
is not relevant to the assessment of an application, it may waive or reduce the requirement.
An application for subdivision of 60 or more lots must also include a plan that meets the
requirements of Standard C2. The plan must also show the:
Proposed uses of each part of the site.
Natural features of the site and identify any features proposed to be altered.
Proposed integrated water management system.
Proposed staging of the subdivision.
Page 984 of 1195

56.02 POLICY IMPLEMENTATION

09/10/2006
VC42
56.02-1 Strategic implementation objective

09/10/2006
VC42 To ensure that the layout and design of a subdivision is consistent with and implements any
objective, policy, strategy or plan for the area set out in this scheme.
Standard C1
An application must be accompanied by a written statement that describes how the subdivision is
consistent with and implements any relevant growth area, activity centre, housing, access and
mobility, community facilities, open space and recreation, landscape (including any native vegetation
precinct plan) and urban design objective, policy, strategy or plan for the area set out in this scheme.
Page 985 of 1195

56.03 LIVEABLE AND SUSTAINABLE COMMUNITIES

19/09/2017
VC132
56.03-1 Compact and walkable neighbourhoods objectives

09/10/2006
VC42 To create compact neighbourhoods that are oriented around easy walking distances to activity
centres, schools and community facilities, public open space and public transport.
To allow easy movement through and between neighbourhoods for all people.
Standard C2
A subdivision should implement any relevant growth area or any approved land-use and
development strategy, plan or policy for the area set out in this scheme.
An application for subdivision must include a plan of the layout of the subdivision that:
Meets the objectives (if relevant to the class of subdivision speci昀椀ed in the zone) of:
– Clause 56.03-2 Activity centres
– Clause 56.03-3 Planning for community facilities
– Clause 56.04-1 Lot diversity and distribution
– Clause 56.06-2 Walking and cycling network
– Clause 56.06-3 Public transport network
– Clause 56.06-4 Neighbourhood street network
Shows the 400 metre street walking distance around each existing or proposed bus stop, 600
metres street walking distance around each existing or proposed tram stop and 800 metres street
walking distance around each existing or proposed railway station and shows the estimated
number of dwellings within those distances.
Shows the layout of the subdivision in relation to the surrounding area.
Is designed to be accessible for people with disabilities.
56.03-2 Activity centre objective

09/10/2006
VC42 To provide for mixed-use activity centres, including neighbourhood activity centres, of appropriate
area and location.
Standard C3
A subdivision should implement any relevant activity centre strategy, plan or policy for the area
set out in this scheme.
Subdivision should be supported by activity centres that are:
Accessible by neighbourhood and regional walking and cycling networks.
Served by public transport that is connected to the regional public transport network.
Located at public transport interchange points for the convenience of passengers and easy
connections between public transport services.
Located on arterial roads or connector streets.
Of appropriate size to accommodate a mix of uses that meet local community needs.
Oriented to support active street frontages, support street-based community interaction and
pedestrian safety.
Page 986 of 1195

56.03-3 Planning for community facilities objective

20/03/2023
VC229 To provide appropriately located sites for community facilities including schools, libraries,
preschools and childcare, health services, police and 昀椀re stations, recreation and sports facilities.
Standard C4
A subdivision should:
Implement any relevant regional and local community facility strategy, plan or policy for the
area set out in this scheme.
Locate community facilities on sites that are in or near activity centres and public transport.
School sites should:
Be integrated with the neighbourhood and located near activity centres.
Be located on walking and cycling networks.
Have a bus stop located along the school site boundary.
Have student drop-off zones, bus parking and on-street parking in addition to other street
functions in abutting streets.
Adjoin the public open space network and community sporting and other recreation facilities.
Be integrated with community facilities.
Be located on land that is not affected by physical, environmental or other constraints.
Schools should be accessible by the Principal Public Transport Network in Metropolitan Melbourne
and on the regional public transport network outside Metropolitan Melbourne.
Primary schools should be located on connector streets and not on arterial roads.
New State Government school sites must meet the requirements of the Department of Education
and abut at least two streets with suf昀椀cient widths to provide student drop-off zones, bus parking
and on-street parking in addition to other street functions.
56.03-4 Built environment objective

09/10/2006
VC42 To create urban places with identity and character.
Standard C5
The built environment should:
Implement any relevant urban design strategy, plan or policy for the area set out in this scheme.
Provide living and working environments that are functional, safe and attractive.
Provide an integrated layout, built form and urban landscape.
Contribute to a sense of place and cultural identity.
An application should describe the identity and character to be achieved and the elements that
contribute to that identity and character.
56.03-5 Neighbourhood character objective

09/10/2006
VC42 To design subdivisions that respond to neighbourhood character.
Standard C6
Subdivision should:
Page 987 of 1195

Respect the existing neighbourhood character or achieve a preferred neighbourhood character

consistent with any relevant neighbourhood character objective, policy or statement set out in
this scheme.
Respond to and integrate with the surrounding urban environment.
Protect signi昀椀cant vegetation and site features.
Page 988 of 1195

56.04 LOT DESIGN

09/10/2006
VC42
56.04-1 Lot diversity and distribution objectives

09/10/2006
VC42 To achieve housing densities that support compact and walkable neighbourhoods and the ef昀椀cient
provision of public transport services.
To provide higher housing densities within walking distance of activity centres.
To achieve increased housing densities in designated growth areas.
To provide a range of lot sizes to suit a variety of dwelling and household types.
Standard C7
A subdivision should implement any relevant housing strategy, plan or policy for the area set out
in this scheme.
Lot sizes and mix should achieve the average net residential density speci昀椀ed in any zone or
overlay that applies to the land or in any relevant policy for the area set out in this scheme.
A range and mix of lot sizes should be provided including lots suitable for the development of:
Single dwellings.
Two dwellings or more.
Higher density housing.
Residential buildings and Retirement villages.
Unless the site is constrained by topography or other site conditions, lot distribution should provide
for 95 per cent of dwellings to be located no more than 400 metre street walking distance from
the nearest existing or proposed bus stop, 600 metres street walking distance from the nearest
existing or proposed tram stop and 800 metres street walking distance from the nearest existing
or proposed railway station.
Lots of 300 square metres or less in area, lots suitable for the development of two dwellings or
more, lots suitable for higher density housing and lots suitable for Residential buildings and
Retirement villages should be located in and within 400 metres street walking distance of an activity
centre.
56.04-2 Lot area and building envelopes objective

09/10/2006
VC42 To provide lots with areas and dimensions that enable the appropriate siting and construction of
a dwelling, solar access, private open space, vehicle access and parking, water management,
easements and the retention of signi昀椀cant vegetation and site features.
Standard C8
An application to subdivide land that creates lots of less than 300 square metres should be
accompanied by information that shows:
That the lots are consistent or contain building envelope that is consistent with a development
approved under this scheme, or
That a dwelling may be constructed on each lot in accordance with the requirements of this
scheme.
Lots of between 300 square metres and 500 square metres should:
Contain a building envelope that is consistent with a development of the lot approved under
this scheme, or
Page 989 of 1195

If no development of the lot has been approved under this scheme, contain a building envelope
and be able to contain a rectangle measuring 10 metres by 15 metres, or 9 metres by 15 metres
if a boundary wall is nominated as part of the building envelope.
If lots of between 300 square metres and 500 square metres are proposed to contain dwellings that
are built to the boundary, the long axis of the lots should be within 30 degrees east and 20 degrees
west of north unless there are signi昀椀cant physical constraints that make this dif昀椀cult to achieve.
Lots greater than 500 square metres should be able to contain a rectangle measuring 10 metres by
15 metres, and may contain a building envelope.
A building envelope may specify or incorporate any relevant siting and design requirement. Any
requirement should meet the relevant standards of Clause 54, unless:
The objectives of the relevant standards are met, and
The building envelope is shown as a restriction on a plan of subdivision registered under the
Subdivision Act 1988, or is speci昀椀ed as a covenant in an agreement under Section 173 of the
Act.
Where a lot with a building envelope adjoins a lot that is not on the same plan of subdivision or
is not subject to the same agreement relating to the relevant building envelope:
The building envelope must meet Standards A10 and A11 of Clause 54 in relation to the
adjoining lot, and
The building envelope must not regulate siting matters covered by Standards A12 to A15
(inclusive) of Clause 54 in relation to the adjoining lot. This should be speci昀椀ed in the relevant
plan of subdivision or agreement.
Lot dimensions and building envelopes should protect:
Solar access for future dwellings and support the siting and design of dwellings that achieve
the energy rating requirements of the Building Regulations.
Existing or proposed easements on lots.
Signi昀椀cant vegetation and site features.
56.04-3 Solar orientation of lots objective

09/10/2006
VC42 To provide good solar orientation of lots and solar access for future dwellings.
Standard C9
Unless the site is constrained by topography or other site conditions, at least 70 percent of lots
should have appropriate solar orientation.
Lots have appropriate solar orientation when:
The long axis of lots are within the range north 20 degrees west to north 30 degrees east, or
east 20 degrees north to east 30 degrees south.
Lots between 300 square metres and 500 square metres are proposed to contain dwellings that
are built to the boundary, the long axis of the lots should be within 30 degrees east and 20
degrees west of north.
Dimensions of lots are adequate to protect solar access to the lot, taking into account likely
dwelling size and the relationship of each lot to the street.
56.04-4 Street orientation objective

09/10/2006
VC42 To provide a lot layout that contributes to community social interaction, personal safety and
property security.
Page 990 of 1195

Standard C10
Subdivision should increase visibility and surveillance by:
Ensuring lots front all roads and streets and avoid the side or rear of lots being oriented to
connector streets and arterial roads.
Providing lots of 300 square metres or less in area and lots for 2 or more dwellings around
activity centres and public open space.
Ensuring streets and houses look onto public open space and avoiding sides and rears of lots
along public open space boundaries.
Providing roads and streets along public open space boundaries.
56.04-5 Common area objectives

09/10/2006
VC42 To identify common areas and the purpose for which the area is commonly held.
To ensure the provision of common area is appropriate and that necessary management arrangements
are in place.
To maintain direct public access throughout the neighbourhood street network.
Standard C11
An application to subdivide land that creates common land must be accompanied by a plan and a
report identifying:
The common area to be owned by the body corporate, including any streets and open space.
The reasons why the area should be commonly held.
Lots participating in the body corporate.
The proposed management arrangements including maintenance standards for streets and open
spaces to be commonly held.
Page 991 of 1195

56.05 URBAN LANDSCAPE

01/10/2009
VC58
56.05-1 Integrated urban landscape objectives

09/10/2006
VC42 To provide attractive and continuous landscaping in streets and public open spaces that contribute
to the character and identity of new neighbourhoods and urban places or to existing or preferred
neighbourhood character in existing urban areas.
To incorporate natural and cultural features in the design of streets and public open space where
appropriate.
To protect and enhance native habitat and discourage the planting and spread of noxious weeds.
To provide for integrated water management systems and contribute to drinking water conservation.
Standard C12
An application for subdivision that creates streets or public open space should be accompanied by
a landscape design.
The landscape design should:
Implement any relevant streetscape, landscape, urban design or native vegetation precinct plan,
strategy or policy for the area set out in this scheme.
Create attractive landscapes that visually emphasise streets and public open spaces.
Respond to the site and context description for the site and surrounding area.
Maintain signi昀椀cant vegetation where possible within an urban context.
Take account of the physical features of the land including landform, soil and climate.
Protect and enhance any signi昀椀cant natural and cultural features.
Protect and link areas of signi昀椀cant local habitat where appropriate.
Support integrated water management systems with appropriate landscape design techniques
for managing urban run-off including wetlands and other water sensitive urban design features
in streets and public open space.
Promote the use of drought tolerant and low maintenance plants and avoid species that are
likely to spread into the surrounding environment.
Ensure landscaping supports surveillance and provides shade in streets, parks and public open
space.
Develop appropriate landscapes for the intended use of public open space including areas for
passive and active recreation, the exercising of pets, playgrounds and shaded areas.
Provide for walking and cycling networks that link with community facilities.
Provide appropriate pathways, signage, fencing, public lighting and street furniture.
Create low maintenance, durable landscapes that are capable of a long life.
The landscape design must include a maintenance plan that sets out maintenance responsibilities,
requirements and costs.
56.05-2 Public open space provision objectives

01/10/2009
VC58 To provide a network of quality, well-distributed, multi-functional and cost-effective public open
space that includes local parks, active open space, linear parks and trails, and links to regional
open space.
To provide a network of public open space that caters for a broad range of users.
To encourage healthy and active communities.
Page 992 of 1195

To provide adequate unencumbered land for public open space and integrate any encumbered land
with the open space network.
To ensure land provided for public open space can be managed in an environmentally sustainable
way and contributes to the development of sustainable neighbourhoods.
Standard C13
The provision of public open space should:
Implement any relevant objective, policy, strategy or plan (including any growth area precinct
structure plan) for open space set out in this scheme.
Provide a network of well-distributed neighbourhood public open space that includes:
Local parks within 400 metres safe walking distance of at least 95 percent of all dwellings.
Where not designed to include active open space, local parks should be generally 1 hectare in
area and suitably dimensioned and designed to provide for their intended use and to allow easy
adaptation in response to changing community preferences.
Additional small local parks or public squares in activity centres and higher density residential
areas.
Active open space of a least 8 hectares in area within 1 kilometre of 95 percent of all dwellings
that is:
Suitably dimensioned and designed to provide for the intended use, buffer areas around sporting
昀椀elds and passive open space
Suf昀椀cient to incorporate two football/cricket ovals
Appropriate for the intended use in terms of quality and orientation
Located on 昀氀at land (which can be cost effectively graded)
Located with access to, or making provision for, a recycled or sustainable water supply
Adjoin schools and other community facilities where practical
Designed to achieve sharing of space between sports.
Linear parks and trails along waterways, vegetation corridors and road reserves within 1
kilometre of 95 percent of all dwellings.
Public open space should:
Be provided along foreshores, streams and permanent water bodies.
Be linked to existing or proposed future public open spaces where appropriate.
Be integrated with 昀氀oodways and encumbered land that is accessible for public recreation.
Be suitable for the intended use.
Be of an area and dimensions to allow easy adaptation to different uses in response to changing
community active and passive recreational preferences.
Maximise passive surveillance.
Be integrated with urban water management systems, waterways and other water bodies.
Incorporate natural and cultural features where appropriate.
Page 993 of 1195

56.06 ACCESS AND MOBILITY MANAGEMENT

18/06/2010
VC62
56.06-1 Integrated mobility objectives

18/06/2010
VC62 To achieve an urban structure where compact and walkable neighbourhoods are clustered to support
larger activity centres on the Principal Public Transport Network in Metropolitan Melbourne and
on the regional public transport network outside Metropolitan Melbourne.
To provide for walking (including persons with impaired mobility), cycling, public transport and
other motor vehicles in an integrated manner.
To contribute to reduced car dependence, improved energy ef昀椀ciency, improved transport ef昀椀ciency,
reduced greenhouse gas emissions and reduced air pollution.
Standard C14
An application for a subdivision must include a plan of the layout of the neighbourhood that meets
the objectives of:
Clause 56.06-2 Walking and cycling network.
Clause 56.06-3 Public transport network.
Clause 56.06-4 Neighbourhood street network.
56.06-2 Walking and cycling network objectives

09/10/2006
VC42 To contribute to community health and well being by encouraging walking and cycling as part of
the daily lives of residents, employees and visitors.
To provide safe and direct movement through and between neighbourhoods by pedestrians and
cyclists.
To reduce car use, greenhouse gas emissions and air pollution.
Standard C15
The walking and cycling network should be designed to:
Implement any relevant regional and local walking and cycling strategy, plan or policy for the
area set out in this scheme.
Link to any existing pedestrian and cycling networks.
Provide safe walkable distances to activity centres, community facilities, public transport stops
and public open spaces.
Provide an interconnected and continuous network of safe, ef昀椀cient and convenient footpaths,
shared paths, cycle paths and cycle lanes based primarily on the network of arterial roads,
neighbourhood streets and regional public open spaces.
Provide direct cycling routes for regional journeys to major activity centres, community facilities,
public transport and other regional activities and for regional recreational cycling.
Ensure safe street and road crossings including the provision of traf昀椀c controls where required.
Provide an appropriate level of priority for pedestrians and cyclists.
Have natural surveillance along streets and from abutting dwellings and be designed for personal
safety and security particularly at night.
Be accessible to people with disabilities.
56.06-3 Public transport network objectives

09/10/2006
VC42 To provide an arterial road and neighbourhood street network that supports a direct, ef昀椀cient and
safe public transport system.
Page 994 of 1195

To encourage maximum use of public transport.
Standard C16
The public transport network should be designed to:
Implement any relevant public transport strategy, plan or policy for the area set out in this
scheme.
Connect new public transport routes to existing and proposed routes to the satisfaction of the
relevant public transport authority.
Provide for public transport links between activity centres and other locations that attract people
using the Principal Public Transport Network in Metropolitan Melbourne and the regional
public transport network outside Metropolitan Melbourne.
Locate regional bus routes principally on arterial roads and locate local bus services principally
on connector streets to provide:
– Safe and direct movement between activity centres without complicated turning manoeuvres.
– Direct travel between neighbourhoods and neighbourhood activity centres.
– A short and safe walk to a public transport stop from most dwellings.
56.06-4 Neighbourhood street network objective

14/05/2021
VC198 To provide for direct, safe and easy movement through and between neighbourhoods for pedestrians,
cyclists, public transport and other motor vehicles using the neighbourhood street network.
Standard C17
The neighbourhood street network must:
Take account of the existing mobility network of arterial roads, neighbourhood streets, cycle
paths, shared paths, footpaths and public transport routes.
Provide clear physical distinctions between arterial roads and neighbourhood street types.
Comply with the Head, Transport for Victoria’s arterial road access management policies.
Provide an appropriate speed environment and movement priority for the safe and easy
movement of pedestrians and cyclists and for accessing public transport.
Provide safe and ef昀椀cient access to activity centres for commercial and freight vehicles.
Provide safe and ef昀椀cient access to all lots for service and emergency vehicles.
Provide safe movement for all vehicles.
Incorporate any necessary traf昀椀c control measures and traf昀椀c management infrastructure.
The neighbourhood street network should be designed to:
Implement any relevant transport strategy, plan or policy for the area set out in this scheme.
Include arterial roads at intervals of approximately 1.6 kilometres that have adequate reservation
widths to accommodate long term movement demand.
Include connector streets approximately halfway between arterial roads and provide adequate
reservation widths to accommodate long term movement demand.
Ensure connector streets align between neighbourhoods for direct and ef昀椀cient movement of
pedestrians, cyclists, public transport and other motor vehicles.
Provide an interconnected and continuous network of streets within and between neighbourhoods
for use by pedestrians, cyclists, public transport and other vehicles.
Provide an appropriate level of local traf昀椀c dispersal.
Page 995 of 1195

Indicate the appropriate street type.

Provide a speed environment that is appropriate to the street type.
Provide a street environment that appropriately manages movement demand (volume, type and
mix of pedestrians, cyclists, public transport and other motor vehicles).
Encourage appropriate and safe pedestrian, cyclist and driver behaviour.
Provide safe sharing of access lanes and access places by pedestrians, cyclists and vehicles.
Minimise the provision of culs-de-sac.
Provide for service and emergency vehicles to safely turn at the end of a dead-end street.
Facilitate solar orientation of lots.
Facilitate the provision of the walking and cycling network, integrated water management
systems, utilities and planting of trees.
Contribute to the area’s character and identity.
Take account of any identi昀椀ed signi昀椀cant features.
56.06-5 Walking and cycling network detail objectives

09/10/2006
VC42 To design and construct footpaths, shared path and cycle path networks that are safe, comfortable,
well constructed and accessible for people with disabilities.
To design footpaths to accommodate wheelchairs, prams, scooters and other footpath bound
vehicles.
Standard C18
Footpaths, shared paths, cycle paths and cycle lanes should be designed to:
Be part of a comprehensive design of the road or street reservation.
Be continuous and connect.
Provide for public transport stops, street crossings for pedestrians and cyclists and kerb
crossovers for access to lots.
Accommodate projected user volumes and mix.
Meet the requirements of Table C1.
Provide pavement edge, kerb, channel and crossover details that support safe travel for
pedestrians, footpath bound vehicles and cyclists, perform required drainage functions and are
structurally sound.
Provide appropriate signage.
Be constructed to allow access to lots without damage to the footpath or shared path surfaces.
Be constructed with a durable, non-skid surface.
Be of a quality and durability to ensure:
– Safe passage for pedestrians, cyclists, footpath bound vehicles and vehicles.
– Discharge of urban run-off.
– Preservation of all-weather access.
– Maintenance of a reasonable, comfortable riding quality.
– A minimum 20 year life span.
Page 996 of 1195

Be accessible to people with disabilities and include tactile ground surface indicators, audible
signals and kerb ramps required for the movement of people with disabilities.
56.06-6 Public transport network detail objectives

09/10/2006
VC42 To provide for the safe, ef昀椀cient operation of public transport and the comfort and convenience
of public transport users.
To provide public transport stops that are accessible to people with disabilities.
Standard C19
Bus priority measures must be provided along arterial roads forming part of the existing or proposed
Principal Public Transport Network in Metropolitan Melbourne and the regional public transport
network outside Metropolitan Melbourne to the requirements of the relevant roads authority.
Road alignment and geometry along bus routes should provide for the ef昀椀cient, unimpeded
movement of buses and the safety and comfort of passengers.
The design of public transport stops should not impede the movement of pedestrians.
Bus and tram stops should have:
Surveillance from streets and adjacent lots.
Safe street crossing conditions for pedestrians and cyclists.
Safe pedestrian crossings on arterial roads and at schools including the provision of traf昀椀c controls
as required by the roads authority.
Continuous hard pavement from the footpath to the kerb.
Suf昀椀cient lighting and paved, sheltered waiting areas for forecast user volume at neighbourhood
centres, schools and other locations with expected high patronage.
Appropriate signage.
Public transport stops and associated waiting areas should be accessible to people with disabilities
and include tactile ground surface indicators, audible signals and kerb ramps required for the
movement of people with physical disabilities.
56.06-7 Neighbourhood street network detail objective

15/09/2008
VC49 To design and construct street carriageways and verges so that the street geometry and traf昀椀c
speeds provide an accessible and safe neighbourhood street system for all users.
Standard C20
The design of streets and roads should:
Meet the requirements of Table C1. Where the widths of access lanes, access places, and access
streets do not comply with the requirements of Table C1, the requirements of the relevant 昀椀re
authority and roads authority must be met.
Provide street blocks that are generally between 120 metres and 240 metres in length and
generally between 60 metres to 120 metres in width to facilitate pedestrian movement and
control traf昀椀c speed.
Have verges of suf昀椀cient width to accommodate footpaths, shared paths, cycle paths, integrated
water management, street tree planting, lighting and utility needs.
Have street geometry appropriate to the street type and function, the physical land characteristics
and achieve a safe environment for all users.
Provide a low-speed environment while allowing all road users to proceed without unreasonable
inconvenience or delay.
Page 997 of 1195

Provide a safe environment for all street users applying speed control measures where
appropriate.
Ensure intersection layouts clearly indicate the travel path and priority of movement for
pedestrians, cyclists and vehicles.
Provide a minimum 5 metre by 5 metre corner splay at junctions with arterial roads and a
minimum 3 metre by 3 metre corner splay at other junctions unless site conditions justify a
variation to achieve safe sight lines across corners.
Ensure streets are of suf昀椀cient strength to:
– Enable the carriage of vehicles.
– Avoid damage by construction vehicles and equipment.
Ensure street pavements are of suf昀椀cient quality and durability for the:
– Safe passage of pedestrians, cyclists and vehicles.
– Discharge of urban run-off.
– Preservation of all-weather access and maintenance of a reasonable, comfortable riding
quality.
Ensure carriageways of planned arterial roads are designed to the requirements of the relevant
road authority.
Ensure carriageways of neighbourhood streets are designed for a minimum 20 year life span.
Provide pavement edges, kerbs, channel and crossover details designed to:
– Perform the required integrated water management functions.
– Delineate the edge of the carriageway for all street users.
– Provide ef昀椀cient and comfortable access to abutting lots at appropriate locations.
– Contribute to streetscape design.
Provide for the safe and ef昀椀cient collection of waste and recycling materials from lots.
Be accessible to people with disabilities.
Meet the requirements of Table C1. Where the widths of access lanes, access places, and access
streets do not comply with the requirements of Table C1, the requirements of the relevant 昀椀re
authority and roads authority must be met. Where the widths of connector streets do not comply
with the requirements of Table C1, the requirements of the relevant public transport authority
must be met.
A street detail plan should be prepared that shows, as appropriate:
The street hierarchy and typical cross-sections for all street types.
Location of carriageway pavement, parking, bus stops, kerbs, crossovers, footpaths, tactile
surface indicators, cycle paths and speed control and traf昀椀c management devices.
Water sensitive urban design features.
Location and species of proposed street trees and other vegetation.
Location of existing vegetation to be retained and proposed treatment to ensure its health.
Any relevant details for the design and location of street furniture, lighting, seats, bus stops,
telephone boxes and mailboxes.
Page 998 of 1195

56.06-8 Lot access objective

18/06/2010
VC62 To provide for safe vehicle access between roads and lots.
Standard C21
Vehicle access to lots abutting arterial roads should be provided from service roads, side or rear
access lanes, access places or access streets where appropriate and in accordance with the access
management requirements of the relevant roads authority.
Vehicle access to lots of 300 square metres or less in area and lots with a frontage of 7.5 metres
or less should be provided via rear or side access lanes, places or streets.
The design and construction of a crossover should meet the requirements of the relevant road
authority.
Table C1 Design of roads and neighbourhood streets
Access Lane
A side or rear lane principally providing access to parking on lots with another street frontage.
Traffic volume1 300vpd
Target speed2 10kph
Carriageway width3 & parking provision within 5.5m6 wide with no parking spaces to be provided.
street reservation
Appropriately signed.
Verge width4 No verge required.
Kerbing5
Footpath provision None
Carriageway designed as a shared zone and

appropriately signed.
Cycle path provision None
Access Place
A minor street providing local residential access with shared traf昀椀c, pedestrian and recreation use,
but with pedestrian priority.
Traffic volume1 300vpd to1000vpd
Target speed2 15kph
Carriageway width3 & parking 5.5m wide with 1 hard standing verge parking space per 2 lots.
provision within street reservation or
5.5m wide with parking on carriageway - one side.
Appropriately signed.
Verge width4 7.5m minimum total width.
For services provide a minimum of 3.5m on one side and a minimum

of 2.5m on the other.
Page 999 of 1195

Kerbing5 Semi-mountable rollover or flush and swale or other water sensitive

urban design treatment area.
Footpath provision Not required if serving 5 dwellings or less and the carriageway is
designed as a shared zone and appropriately signed.
or
1.5m wide footpath offset a minimum distance of 1m from the kerb.
Cycle path provision None
Access Street - Level 1

A street providing local residential access where traf昀椀c is subservient, speed and volume are low
and pedestrian and bicycle movements are facilitated.
Traffic volume1 1000vpd to 2000vpd
Target speed2 30kph
Carriageway width3 & parking 5.5m wide with1 hard standing verge parking space per 2 lots.
provision within street reservation
Verge width4 4m minimum each side
Kerbing5 Semi-mountable rollover or flush and swale or other water

sensitive urban design treatment area.
Footpath provision 1.5m wide footpaths on both sides.
Footpaths should be widened to 2.0m in vicinity of a school, shop

or other activity centre.
Be offset a minimum distance of 1m from the kerb.
Cycle path provision Carriageway designed as a shared zone and appropriately

signed.
Access Street - Level 2

A street providing local residential access where traf昀椀c is subservient, speed and volume are low
and pedestrian and bicycle movements are facilitated.
Traffic volume1 2000vpd to 3000vpd
Target speed2 40kph
Carriageway width3 & parking 7m-7.5m wide with parking on both sides of carriageway
provision within street reservation
Verge width4 4.5m minimum each side
Kerbing5 Semi-mountable rollover or flush and swale or other water

sensitive urban design treatment area.
Footpaths should be widened to 2.0m in vicinity of a school, shop

or other activity centre.
Page 1000 of 1195

Be offset a minimum distance of 1m from the kerb.
Cycle path provision Carriageway designed as a shared zone and appropriately

signed.
Connector Street - Level 1

A street that carries higher volumes of traf昀椀c. It connects access places and access streets through
and between neighbourhoods.
Traffic volume1 3000 vpd
Target speed2 50 kph7 reduced to 40 kph at schools and 20 kph at pedestrian and cycle
crossing points.
Carriageway width3, cycle 3.5m minimum lane width in each direction of travel.
lane provision, parking
4.0m minimum lane width at approaches to and departures from
provision and bus stops
roundabouts and T-intersections.
within street reservation
For on-street cycling, increase the minimum clear carriageway in each
direction by:
– 0.7m where the trafficable carriageway is shared by cyclists but no

dedicated bicycle lane is marked on the carriageway; or
– 1.5m where a trafficable carriageway is shared by cyclists but no

dedicated bicycle lane is marked on the carriageway and there is a
single lane in each direction separated by a raised trafficable median
of at least 2.0m in width with mountable kerbs; or
– 1.7m where a dedicated 1.7m wide bicycle lane is marked on the

carriageway.
An additional dedicated parking lane or indented parking within the verge

must be provided where street parking is required. A parking lane width
of 2.3m is required where parallel parking is provided.
Bus stops at the kerbside, not indented within the verge.
Verge width4 4.5m minimum each side.
Kerbing5 Semi-mountable rollover or flush and swale or other water sensitive urban
design treatment area.
Footpath widened to a minimum 2.0m in the vicinity of a school, shop,

public transport stop or other activity centre.
Footpaths offset a minimum distance of 1m from the kerb.
Connector Street - Level 2

A street that carries higher volumes of traf昀椀c. It connects access places and access streets through
and between neighbourhoods.
Traffic volume1 3,000 vpd to 7,000 vpd
Target speed2 60 kph8 or 50km/h reduced to 40kph at schools.
Page 1001 of 1195

Carriageway width3, 3.5m minimum lane width in each direction of travel.

cycle lane provision,
4.0m minimum lane width at approaches to and departures from roundabouts
parking provision and
and T-intersections.
bus stops within street
reservation 7.0m minimum carriageway width in each direction of travel where there are
two lanes in each direction separated by a non-trafficable central medium.
8.0m minimum carriageway width at approaches to and departures from

roundabouts and T-intersections where there are two lanes in each direction
separated by an non-trafficable central medium.
For on-street cycling, increase the minimum clear carriageway in each

direction by:
– 0.7m where the trafficable carriageway is shared by cyclists but no

dedicated bicycle lane is marked on the carriageway; or
– 1.7m where a dedicated 1.7m wide dedicated bicycle lane is marked on

the carriageway
– 0.3m where there are two trafficable lanes in each direction separated
by a non-trafficable central median and the carriageways are shared by
cyclists but no dedicated bicycle lane is marked on the carriageway; or
– 0.5m where there are two trafficable lanes in each direction separated
by a non-trafficable central median and a 1.7m wide dedicated bicycle
lane is marked on the carriageway.
An additional dedicated parking lane or indented parking within the verge

must be provided where street parking is required. A parking lane width of
2.3m is required where parallel parking is provided.
Bus stops located at the kerbside, not indented within the verge.
Verge width4 6m minimum each side (plus central median).
Kerbing5 Semi-mountable rollover or flush and swale or other water sensitive urban
design treatment area.
Footpath and cycle 1.5m wide footpath on each side and 1.7m bicycle lanes on the carriageway;
path provision or
2.5m wide shared foot and cycle path on both sides and no dedicate bicycle
lanes marked on the carriageway.
Footpaths widened to a minimum of 2.0m in the vicinity of a school, shop,

public transport stop or other activity centre.
Footpaths or shared foot and cycle paths offset a minimum distance of 1m

from the kerb.
Arterial Road
Traffic volume1 Greater than 7000vpd
Target speed2 Arterial road design as required by the relevant roads authority.
Carriageway width3 & parking provision Arterial road design as required by the relevant roads authority.
within street reservation
Page 1002 of 1195

Verge width4 Arterial road design as required by the relevant roads authority.
Kerbing5 Arterial road design as required by the relevant roads authority.
Footpath & cycle path provision 3m wide shared path on each side or as otherwise required by
the relevant roads authority.
Key to Table C1
1. Indicative maximum traf昀椀c volume for 24-hour period. These volumes depend upon location.
Generation rates may vary between existing and newly developing areas.
2. Target speed is the desired speed at which motorists should travel. This is not necessarily the
design speed and is not greater than the marked legal speed limit.
3. Width is measured from kerb invert to kerb invert. Widening may be required at bends to allow
for wider vehicle paths using appropriate Australian Standards for on street and off-street
parking but should not negate the function of bends serving as slow points.
4. Verge width includes footpaths. Additional width may be required to accommodate a bicycle
path.
5. Where drainage is not required a 昀氀ush pavement edge treatment can be used. Layback kerbs
are preferred for safety reasons. Upright kerbs may be considered for drainage purposes or in
locations where on-street parking should be clearly de昀椀ned and parking within the verge is not
desired.
6. Turning requirements to access and egress parking on abutting lots may require additional
carriageway width. The recommended carriageway width of 5.5m will provide adequate access
to a standard 3.5m wide single garage built to the property line.
7. 50kph is the default urban speed limit in Victoria.
8. Target speed must not exceed the legal speed limit.
Page 1003 of 1195

56.07 INTEGRATED WATER MANAGEMENT

29/10/2015
VC101
56.07-1 Drinking water supply objectives

09/10/2006
VC42 To reduce the use of drinking water.
To provide an adequate, cost-effective supply of drinking water.
Standard C22
The supply of drinking water must be:
Designed and constructed in accordance with the requirements and to the satisfaction of the
relevant water authority.
Provided to the boundary of all lots in the subdivision to the satisfaction of the relevant water
authority.
56.07-2 Reused and recycled water objective

20/03/2023
VC229 To provide for the substitution of drinking water for non-drinking purposes with reused and recycled
water.
Standard C23
Reused and recycled water supply systems must be:
Designed, constructed and managed in accordance with the requirements and to the satisfaction
of the relevant water authority, Environment Protection Authority and Department of Health.
Provided to the boundary of all lots in the subdivision where required by the relevant water
authority.
56.07-3 Waste water management objective

01/07/2021
VC203 To provide a waste water system that is adequate for the maintenance of public health and the
management of ef昀氀uent in an environmentally friendly manner.
Standard C24
Waste water systems must be:
Designed, constructed and managed in accordance with the requirements and to the satisfaction
of the relevant water authority and the Environment Protection Authority.
Consistent with a domestic waste water management plan adopted by the relevant council.
Reticulated waste water systems must be provided to the boundary of all lots in the subdivision
where required by the relevant water authority.
56.07-4 Stormwater management objectives

26/10/2018
VC154 To minimise damage to properties and inconvenience to residents from stormwater.
To ensure that the street operates adequately during major storm events and provides for public
safety.
To minimise increases in stormwater and protect the environmental values and physical
characteristics of receiving waters from degradation by stormwater.
Page 1004 of 1195

Standard C25
The stormwater management system must be:
Designed and managed in accordance with the requirements and to the satisfaction of the
relevant drainage authority.
Designed and managed in accordance with the requirements and to the satisfaction of the water
authority where reuse of stormwater is proposed.
Designed to ensure that 昀氀ows downstream of the subdivision site are restricted to
pre-development levels unless increased 昀氀ows are approved by the relevant drainage authority
and there are no detrimental downstream impacts.
Designed to contribute to cooling, improving local habitat and providing attractive and enjoyable
spaces.
The stormwater management system should be integrated with the overall development plan
including the street and public open space networks and landscape design.
For all storm events up to and including the 20% Average Exceedence Probability (AEP) standard:
Stormwater 昀氀ows should be contained within the drainage system to the requirements of the
relevant authority.
Ponding on roads should not occur for longer than 1 hour after the cessation of rainfall.
For storm events greater than 20% AEP and up to and including 1% AEP standard:
Provision must be made for the safe and effective passage of stormwater 昀氀ows.
All new lots should be free from inundation or to a lesser standard of 昀氀ood protection where
agreed by the relevant 昀氀oodplain management authority.
Ensure that streets, footpaths and cycle paths that are subject to 昀氀ooding meet the safety criteria
da Vave < 0.35 m2/s (where, da = average depth in metres and Vave = average velocity in metres per
second).
The design of the local drainage network should:
Ensure stormwater is retarded to a standard required by the responsible drainage authority.
Ensure every lot is provided with drainage to a standard acceptable to the relevant drainage
authority. Wherever possible, stormwater should be directed to the front of the lot and discharged
into the street drainage system or legal point of discharge.
Ensure that inlet and outlet structures take into account the effects of obstructions and debris
build up. Any surcharge drainage pit should discharge into an overland 昀氀ow in a safe and
predetermined manner.
Include water sensitive urban design features to manage stormwater in streets and public open
space. Where such features are provided, an application must describe maintenance
responsibilities, requirements and costs.
Any 昀氀ood mitigation works must be designed and constructed in accordance with the requirements
of the relevant 昀氀oodplain management authority.
Page 1005 of 1195

56.08 SITE MANAGEMENT

09/10/2006
VC42
56.08-1 Site management objectives

09/10/2006
VC42 To protect drainage infrastructure and receiving waters from sedimentation and contamination.
To protect the site and surrounding area from environmental degradation or nuisance prior to and
during construction of subdivision works.
To encourage the re-use of materials from the site and recycled materials in the construction of
subdivisions where practicable.
Standard C26
A subdivision application must describe how the site will be managed prior to and during the
construction period and may set out requirements for managing:
Erosion and sediment.
Dust.
Run-off.
Litter, concrete and other construction wastes.
Chemical contamination.
Vegetation and natural features planned for retention.
Recycled material should be used for the construction of streets, shared paths and other infrastructure
where practicable.
Page 1006 of 1195

56.09 UTILITIES
22/08/2014
VC118
56.09-1 Shared trenching objectives

22/08/2014
VC118 To maximise the opportunities for shared trenching.
To minimise constraints on landscaping within street reserves.
Standard C27
Reticulated services for water, gas, electricity and telecommunications should be provided in
shared trenching to minimise construction costs and land allocation for underground services.
56.09-2 Electricity and telecommunications objectives

01/01/2024
VC250 To provide public utilities to each lot in a timely, ef昀椀cient and cost effective manner.
To reduce greenhouse gas emissions by supporting generation and use of electricity from renewable
sources.
Standard C28
The electricity supply system must be designed in accordance with the requirements of the relevant
electricity supply agency and be provided to the boundary of all lots in the subdivision to the
satisfaction of the relevant electricity authority.
Arrangements that support the generation or use of renewable energy at a lot or neighbourhood
level are encouraged.
The telecommunication system must be designed in accordance with the requirements of the
relevant telecommunications servicing agency and should be consistent with any approved strategy,
policy or plan for the provision of advanced telecommunications infrastructure, including 昀椀bre
optic technology. The telecommunications system must be provided to the boundary of all lots in
the subdivision to the satisfaction of the relevant telecommunications servicing authority.
56.09-3 Fire hydrants objective

15/09/2008
VC49 To provide 昀椀re hydrants and 昀椀re plugs in positions that enable 昀椀re 昀椀ghters to access water safely,
effectively and ef昀椀ciently.
Standard C29
Fire hydrants should be provided:
A maximum distance of 120 metres from the rear of the each lot.
No more than 200 metres apart.
Hydrants and 昀椀re plugs must be compatible with the relevant 昀椀re service equipment. Where the
provision of 昀椀re hydrants and 昀椀re plugs does not comply with the requirements of standard C29,
昀椀re hydrants must be provided to the satisfaction of the relevant 昀椀re authority.
56.09-4 Public lighting objective

09/10/2006
VC42 To provide public lighting to ensure the safety of pedestrians, cyclists and vehicles.
To provide pedestrians with a sense of personal safety at night.
To contribute to reducing greenhouse gas emissions and to saving energy.
Standard C30
Public lighting should be provided to streets, footpaths, public telephones, public transport stops
and to major pedestrian and cycle paths including public open spaces that are likely to be well
used at night to assist in providing safe passage for pedestrians, cyclists and vehicles.
Page 1007 of 1195

Public lighting should be designed in accordance with the relevant Australian Standards.
Public lighting should be consistent with any strategy, policy or plan for the use of renewable
energy and energy ef昀椀cient 昀椀ttings.
Page 1008 of 1195

57 [NO CONTENT]
31/07/2018
VC148
Page 1009 of 1195

58 APARTMENT DEVELOPMENTS
04/10/2018
VC149
Purpose
To encourage apartment development that provides reasonable standards of amenity for existing
and new residents.
To encourage apartment development that is responsive to the site and the surrounding area.
Application
Provisions in this clause apply to an application to construct or extend an apartment development,
or to construct or extend a dwelling in or forming part of an apartment development, if:
The apartment development is 昀椀ve or more storeys, excluding a basement, and is in the General
Residential Zone, Residential Growth Zone, Mixed Use Zone or Township Zone, or
The apartment development is in the Commercial 1 Zone, Commercial 3 Zone, Special Use
Zone, Comprehensive Development Zone, Capital City Zone, Docklands Zone, Priority
Development Zone or Activity Centre Zone.
Operation
development.
may be considered.
Requirements
A development:
Must meet all of the objectives of this clause.
Should meet all of the standards of this clause.
If a zone or a schedule to a zone, or a schedule to an overlay speci昀椀es a requirement different from
a requirement of a standard set out in Clause 58 (excluding Clause 58.04-1), the requirement in
Clause 58 applies.
For Clause 58.04-1 (Building setback):
If a zone or a schedule to a zone speci昀椀es a building setback requirement different from a
requirement set out in Clause 58.04-1, the building setback requirement in the zone or a schedule
to the zone applies.
If the land is included in an overlay and a schedule to the overlay speci昀椀es a building setback
requirement different from the requirement set out Clause 58.04-1 or a requirement set out in
the zone or a schedule to the zone, the requirement for building setback in the overlay applies.
Page 1010 of 1195

58.01 URBAN CONTEXT REPORT AND DESIGN RESPONSE

16/01/2018
VC142

13/04/2017
An urban context report.
A design response.
58.01-2 Urban context report

16/01/2018
VC142 The urban context report may use a site plan, photographs or other techniques and must include:
An accurate description of:
Site shape, size, orientation and easements.
Levels and contours of the site and the difference in levels between the site and surrounding
properties.
The location and height of existing buildings on the site and surrounding properties.
The use of surrounding buildings.
The location of private open space of surrounding properties and the location of trees, fences
and other landscape elements.
Solar access to the site and to surrounding properties.
Views to and from the site.
Street frontage features such as poles, street trees and kerb crossovers.
The location of local shops, public transport services and public open spaces within walking
distance.
Movement systems through and around the site.
Any other notable feature or characteristic of the site.
An assessment of the characteristics of the area including:
Any environmental features such as vegetation, topography and signi昀椀cant views.
The pattern of subdivision.
Street design and landscape.
The pattern of development.
Building form, scale and rhythm.
Connection to the public realm.
Architectural style, building details and materials.
Off-site noise sources.
The relevant NatHERS climate zones (as identi昀椀ed in Clause 58.03-1).
Social and economic activity.
Any other notable or cultural characteristics of the area.
Satisfactory urban context report

If the responsible authority decides that the urban context report is not satisfactory, it may require
more information from the applicant under Section 54 of the Act.
Page 1011 of 1195

application until it is satis昀椀ed that the urban context report meets the requirements of Clause
58.01-2 and is satisfactory.
the Act.

20/12/2021
Responds to any relevant planning provision that applies to the land.
Responds to any relevant housing, urban design and landscape plan, strategy or policy set out
in this scheme.
Selects materials and 昀椀nishes for the external walls.
Derives from and responds to the urban context report.
requirement.
Page 1012 of 1195

58.02 URBAN CONTEXT

31/07/2018
VC148
58.02-1 Urban context objectives

13/04/2017
VC136 To ensure that the design responds to the existing urban context or contributes to the preferred
future development of the area.
To ensure that development responds to the features of the site and the surrounding area.
Standard D1
The design response must be appropriate to the urban context and the site.
The proposed design must respect the existing or preferred urban context and respond to the features
of the site.
Decision guidelines
58.02-2 Residential policy objectives

31/07/2018
VC148 To ensure that residential development is provided in accordance with any policy for housing in
the Municipal Planning Strategy and the Planning Policy Framework.
To support higher density residential development where development can take advantage of public
and community infrastructure and services.
Standard D2
An application must be accompanied by a written statement to the satisfaction of the responsible
authority that describes how the development is consistent with any relevant policy for housing
in the Municipal Planning Strategy and the Planning Policy Framework.
Decision guidelines
58.02-3 Dwelling diversity objective

13/04/2017
VC136 To encourage a range of dwelling sizes and types in developments of ten or more dwellings.
Standard D3
Developments of ten or more dwellings should provide a range of dwelling sizes and types,
including dwellings with a different number of bedrooms.
58.02-4 Infrastructure objectives

01/01/2024
VC250 To ensure development is provided with appropriate utility services and infrastructure.
To ensure development does not unreasonably overload the capacity of utility services and
infrastructure.
Page 1013 of 1195

Standard D4
and electricity, if available.
Decision guidelines
The capacity of the existing infrastructure.
In the absence of reticulated sewerage, a Land Capability Assessment on the risks to human
health and the environment of an on-site wastewater management system constructed, installed
or altered on the lot in accordance with the requirements of the Environment Protection
If the drainage system has little or no spare capacity, the capacity of the development to provide
for stormwater drainage mitigation or upgrading of the local drainage system.

20/12/2021
To support development that activates street frontage.
Standard D5
Along street frontage, development should:
Limit blank walls.
Decision guidelines
Page 1014 of 1195

58.03 SITE LAYOUT

31/07/2018
VC148

14/12/2023
VC253 To achieve and protect energy ef昀椀cient dwellings and buildings.
To ensure dwellings achieve adequate thermal ef昀椀ciency.
Standard D6
practicable.
Dwellings located in a climate zone identi昀椀ed in Table D1 should not exceed the maximum
NatHERS annual cooling load speci昀椀ed in the following table.
Table D1 Cooling load

MJ/M2 per annum
Decision guidelines
The size, orientation and layout of the site.
The annual cooling load for each dwelling.
Page 1015 of 1195

58.03-2 Communal open space objective

14/12/2023
VC253 To provide communal open space that meets the recreation and amenity needs of residents.
To ensure that communal open space is accessible, practical, attractive, easily maintained.
To ensure that communal open space is integrated with the layout of the development and enhances
resident amenity.
Standard D7
whichever is the lesser. This additional area may be indoors or outdoors and may consist of multiple
Located to:
– Minimise noise impacts to new and existing dwellings and existing small second dwellings.
trees.
Decision guidelines
58.03-3 Solar access to communal outdoor open space objective

13/04/2017
VC136 To allow solar access into communal outdoor open space.
Standard D8
Decision guidelines
Page 1016 of 1195

The useability and amenity of the primary communal outdoor open space areas based on the
urban context, the orientation of the building, the layout of dwellings and the sunlight it will
receive.
58.03-4 Safety objective

13/04/2017
VC136 To ensure the layout of development provides for the safety and security of residents and property.
Standard D9
thoroughfares.
Decision guideline
58.03-5 Landscaping objectives

15/03/2024
VC256 To provide landscaping that supports the existing or preferred urban context of the area and reduces
the visual impact of buildings on the streetscape.
To preserve existing canopy cover and support the provision of new canopy cover.
To ensure landscaping is climate responsive, supports biodiversity, wellbeing and amenity and
reduces urban heat.
Standard D10
Development should:
Provide the canopy cover and deep soil areas speci昀椀ed in Table D2. Existing trees can be used
to meet the canopy cover requirements of Table D2.
– Located in an area of deep soil speci昀椀ed in Table D3. Where deep soil cannot be provided
trees should be provided in planters speci昀椀ed in Table D3.
– Consistent with the canopy diameter and height at maturity speci昀椀ed in Table D4.
Page 1017 of 1195

lighting.
Table D2 Canopy cover and deep soil requirements
1000 5% of site area 5% of site area or 12

square metres whichever
square metres or less Include at least 1 Type A tree is the greater
1001 - 1500 50 square metres plus 20% of site area above 7.5% of site area
1,000 square metres
square metres
1501 - 2500 square 150 square metres plus 20% of site area above 10% of site area
metres 1,500 square metres
2501 350 square metres plus 20% of site area above 15% of site area
2,500 square metres
square metres or more
Table D3 Soil requirements for trees
Area of deep soil Volume of planter soil

metres) 2.5 metres)

metres) 4.5 metres)

metres) 6.5 metres)
Table D4 Tree type
Tree type Minimum canopy diameter at maturity Minimum height at maturity
A 4 metres 6 metres
B 8 metres 8 metres
Page 1018 of 1195

Decision guidelines
Any relevant neighbourhood character, landscaping or environmental policy, objective, strategy
or statement set out in this planning scheme.
The suitability of the proposed location, deep soil area and planter volume for canopy trees.
The suitability of the proposed landscaping in communal outdoor open space.
The type and quantity of canopy cover, including any alternatives to trees.
The soil type and drainage patterns of the site.
The ongoing management of landscaping, including any irrigation systems.

20/12/2021
VC174 To ensure that vehicle crossovers are designed and located to provide safe access for pedestrians,
cyclists and other vehicles.
To ensure the vehicle crossovers are designed and located to minimise visual impact.
Standard D11
Decision guidelines
The impact on the street.
The impact on the safety of pedestrians or cyclists.
The effect on any signi昀椀cant vegetation on the site and road reserve.
58.03-7 Parking location objectives

13/04/2017
VC136 To provide convenient parking for resident and visitor vehicles.
To protect residents from vehicular noise within developments.
Standard D12
Be secure.
Page 1019 of 1195

Decision guideline
58.03-8 Integrated water and stormwater management objectives

26/10/2018
VC154 To encourage the use of alternative water sources such as rainwater, stormwater and recycled
water.
To facilitate stormwater collection, utilisation and in昀椀ltration within the development.
To encourage development that reduces the impact of stormwater run-off on the drainage system
and 昀椀lters sediment and waste from stormwater prior to discharge from the site.
Standard D13
Buildings should be designed to collect rainwater for non-drinking purposes such as 昀氀ushing
toilets, laundry appliances and garden use.
Decision guidelines
scheme.
drainage system.
Page 1020 of 1195


13/04/2017
VC136
58.04-1 Building setback objectives

14/12/2023
VC253 To ensure the setback of a building from a boundary appropriately responds to the existing urban
context or contributes to the preferred future development of the area.
To allow adequate daylight into new dwellings.
To limit views into habitable room windows and private open space of new and existing dwellings.
To provide a reasonable outlook from new dwellings and existing small second dwellings.
To ensure the building setbacks provide appropriate internal amenity to meet the needs of residents.
Standard D14
The built form of the development must respect the existing or preferred urban context and respond
dwellings and existing small second dwellings. Developments should avoid relying on screening
to reduce views.
environment.
Ensure the dwellings are designed to meet the objectives of Clause 58.
Decision Guidelines
The purpose of the zone and/or overlay that applies to the land.
The relationship between the proposed building setback and the building setbacks of existing
adjacent buildings, including the interface with laneways.
The extent to which the proposed dwellings are provided with reasonable daylight access
through the layout of rooms and the number, size, location and orientation of windows.
The impact of overlooking on the amenity of existing and proposed dwellings and existing
The existing extent of overlooking into existing dwellings or small second dwellings and private
open space.
Whether the development meets the objectives of Clause 58.
58.04-2 Internal views objective

13/04/2017
VC136 To limit views into the private open space and habitable room windows of dwellings within a
development.
Standard D15
Windows and balconies should be designed to prevent overlooking of more than 50 per cent of
the private open space of a lower-level dwelling directly below and within the same development.
Page 1021 of 1195

Decision guideline
58.04-3 Noise impacts objectives

14/12/2023
VC253 To contain noise sources in developments that may affect existing dwellings or small second
dwellings.
To protect residents from external and internal noise sources.
Standard D16
and other dwellings.
Buildings within a noise in昀氀uence area speci昀椀ed in Table D5 should be designed and constructed
Table D5 Noise influence area
Zone interface

boundary
Roads
Railways
Melbourne
Decision guidelines
Page 1022 of 1195

Whether it can be demonstrated that the design treatment incorporated into the development
meets the speci昀椀ed noise levels or an acoustic report by a suitably quali昀椀ed consultant submitted
with the application.
Whether the impact of potential noise sources within a development have been mitigated through
design, location and siting.
Whether the layout of rooms within a dwelling mitigates noise transfer within and between
dwellings.
the dwelling or small second dwelling and the site context.
58.04-4 Wind impacts objective

04/05/2022
VC210 To ensure the built form, design and layout of development does not generate unacceptable wind
impacts within the site or on surrounding land.
Standard D17
Development of 昀椀ve or more storeys, excluding a basement should:
not cause unsafe wind conditions speci昀椀ed in Table D6 in public land, publicly accessible areas
achieve comfortable wind conditions speci昀椀ed in Table D6 in public land and publicly accessible
greater.
Table D6 Wind conditions
Unsafe Comfortable
less than:
3 metres per second for sitting areas,
4 metres per second for standing areas,
Decision guidelines
Page 1023 of 1195

The safety, functionality and amenity of public, private and communal open space areas.
Whether it has been demonstrated by a suitably quali昀椀ed specialist that the development will
not generate unacceptable wind impacts within the site or on surrounding land.
Page 1024 of 1195


13/04/2017
VC136

04/05/2022
VC210 To ensure the design of dwellings meets the needs of people with limited mobility.
Standard D18
B speci昀椀ed in Table D7.
Table D7 Bathroom design
opposite the shower.

A door that opens inwards that is clear A door that opens inwards and has
of the circulation area and has readily readily removable hinges.
removable hinges.
Circulation A clear circulation area that is: A clear circulation area that is:
area
metres.
The full length of the bathroom and a
Located in front of the shower and the minimum length of 2.7 metres.
toilet.
swing. area.
shower can overlap.
Path to A clear path with a minimum width of Not applicable.

circulation 900mm from the door opening to the
area circulation area.

removable shower screen and is located on
the furthest wall from the door opening.
58.05-2 Building entry and circulation objectives

04/05/2022
VC210 To provide each dwelling and building with its own sense of identity.
To ensure the internal layout of buildings provide for the safe, functional and ef昀椀cient movement
of residents.
To ensure internal communal areas provide adequate access to daylight and natural ventilation.
Page 1025 of 1195

Standard D19
Decision guidelines
The useability and amenity of internal communal areas based on daylight access and the natural
ventilation it will receive.

04/05/2022
Standard D20
An area at ground level of at least 25 square metres, with a minimum dimension of 3 metres and
A balcony with at least the area and dimensions speci昀椀ed in Table D8 and convenient access
from a living room.
dimension of 3 metres and convenient access from a living room.
An area on a roof of 10 square metres, with a minimum dimension of 2 metres and convenient
access from a living room.
If a cooling or heating unit is located on a balcony, the minimum balcony area speci昀椀ed in Table
D8 should be increased by at least 1.5 square metres.
of Table D8 do not apply if at least the area speci昀椀ed in Table D9 is provided as living area or
bedroom area in addition to the minimum area speci昀椀ed in Table D11 or Table D12 in Standard
D25.
Page 1026 of 1195

Table D8 Balcony size

dimension

degrees east)

degrees east)

dwelling

dwelling
Table D9 Additional living area or bedroom area
Decision guidelines
The useability and functionality of the private open space, including its size and accessibility.
The amenity of the private open space based on the orientation of the lot, noise exposure, the
wind conditions and the sunlight it will receive.
The useability and functionality of any additional living area or bedroom area, including its
size and layout.

04/05/2022
Standard D21
the requirements speci昀椀ed in Table D10.
Table D10 Storage
the dwelling
Page 1027 of 1195

the dwelling
Decision guidelines
The useability, functionality and location of storage facilities provided for the dwelling.
Page 1028 of 1195


13/04/2017
VC136
58.06-1 Common property objectives

04/05/2022
VC210 To ensure that communal open space, car parking, access areas and site facilities are practical,
attractive and easily maintained.
To avoid future management dif昀椀culties in areas of common ownership.
Standard D22
58.06-2 Site services objectives

04/05/2022
VC210 To ensure that site services are accessible and can be installed and maintained.
To ensure that site services and facilities are visually integrated into the building design or landscape.
Standard D23
landscape.
Mailboxes and other site facilities should be adequate in size, durable, water-protected, located
Decision guideline
58.06-3 Waste and recycling objectives

04/05/2022
VC210 To ensure dwellings are designed to encourage waste recycling.
To ensure that waste and recycling facilities are accessible, adequate and attractive.
To ensure that waste and recycling facilities are designed and managed to minimise impacts on
residential amenity, health and the public realm.
Standard D24
as appropriate.
Page 1029 of 1195

a Waste Management Plan approved by the responsible authority and:
Decision guidelines
Any relevant waste and recycling objective, policy or statement set out in this scheme.
58.06-4 External walls and materials objective

04/05/2022
VC210 To ensure external walls use materials appropriate to the existing urban context or preferred future
development of the area.
To ensure external walls endure and retain their attractiveness.
Standard D25
Decision guidelines
Any relevant building design and urban design objective, policy or statement set out in this
scheme.
Page 1030 of 1195

58.07 INTERNAL AMENITY

13/04/2017
VC136
58.07-1 Functional layout objective

04/05/2022
VC210 To ensure dwellings provide functional areas that meet the needs of residents.
Standard D26
Bedrooms should:
Meet the minimum internal room dimensions speci昀椀ed in Table D11.
wardrobe.
Table D11 Bedroom dimensions
dimensions speci昀椀ed in Table D12.
Table D12 Living area dimensions
Decision guidelines
The useability, functionality and amenity of habitable rooms.
58.07-2 Room depth objective

04/05/2022
VC210 To allow adequate daylight into single aspect habitable rooms.
Standard D27
Decision guidelines
Page 1031 of 1195


The useability, functionality and amenity of the dwelling based on layout, siting, size and
orientation of habitable rooms.
Any overhang above habitable room windows that limits daylight access.
58.07-3 Windows objective

04/05/2022
Standard D28
The secondary area should be:
Decision guidelines
The useability and amenity of the dwelling based on the layout, siting, size and orientation of
habitable rooms.
58.07-4 Natural ventilation objectives

04/05/2022
VC210 To encourage natural ventilation of dwellings.
To allow occupants to effectively manage natural ventilation of dwellings.
Standard D29
dwelling.
Decision guidelines
The size, orientation, slope and wind exposure of the site.
Page 1032 of 1195

The extent to which the orientation of the building and the layout of dwellings maximises
opportunities for cross ventilation.
the dwelling and the site context.
Page 1033 of 1195

59 VICSMART APPLICATIONS AND REQUIREMENTS

31/07/2018
VC148
Page 1034 of 1195

59.01 REALIGN THE COMMON BOUNDARY BETWEEN TWO LOTS

31/07/2018
VC148
59.01-1 Information requirements

01/07/2021
A copy of title for the subject land and a copy of any registered restrictive covenant.
A layout plan, drawn to scale and fully dimensioned showing:
– The location, shape and size of the site.
– The location of any existing buildings, car parking area, driveways, storage areas, loading
areas and private open space.
– The location of any easements on the subject land.
– The location of the approved stormwater discharge point.
– The location and details of any signi昀椀cant vegetation.
– The location of any street trees, poles, pits or other street furniture.
– Existing and proposed vehicle access to the lots.
– Any abutting roads.
– The location of the existing and proposed common boundary between the lots and the
proposed size and shape of the realigned lots.
– Any proposed common property to be owned by a body corporate and the lots participating
in the body corporate.
If the land is in more than one ownership, the consent of the owners of the land.
If common property is proposed, an explanation of why the common property is required.
A written statement that describes:
– The existing use of the land and its possible future development.
– The reason for the realignment of the common boundary.
– For land in an overlay, how the proposal responds to any statement of signi昀椀cance, objectives
or requirements speci昀椀ed in the schedule to the overlay.
If the land is in an area where reticulated sewerage is not provided, a plan which shows the
location of any existing ef昀氀uent disposal area for each lot or a Land Capability Assessment
which demonstrates that each lot is capable of treating and retaining all wastewater and the
risks to human health and the environment of a on-site wastewater management system
constructed, installed or altered on the lot in accordance with the requirements of the
Environment Protection Regulations under the Environment Protection Act 2017.
If the land is in a residential zone and the realignment of the common boundary will result in
a vacant lot, information that shows that the vacant lot meets the requirements of Standard C8
of Clause 56.

31/07/2018
VC148 In assessing an application the responsible authority must consider as appropriate:
The suitability of the subdivision including how the layout and dimensions of the subdivision:
– Respond to and integrate with the surrounding urban or rural environment.
– Protect signi昀椀cant vegetation.
Page 1035 of 1195

– Appropriately accommodate any existing or proposed easements on the lots.

– Protect solar access for existing and any future dwellings on the lots.
– Appropriately accommodate any existing waste storage areas, loading bays and vehicle
standing areas on the site.
– Appropriately accommodate private open space.
– Appropriately accommodate the provision of utility services to each lot.
– If the land is in an area where reticulated sewerage is not provided to each lot, whether the
layout of the subdivision accommodates the ef昀氀uent disposal area for each lot.
– Appropriately accommodate the siting of buildings having regard to the risk of spread of
昀椀re.
– Appropriately accommodate the existing use and possible future development of the land.
Whether the provision of common property is appropriate for the purpose for which the land
is to be commonly held.
If the land is in a residential zone and the realignment of the common boundary will result in
a vacant lot, the objective and standard of Clause 56.04-2.
The statement of signi昀椀cance and the objectives contained in the schedule to the overlay and
whether the subdivision will adversely affect that signi昀椀cance or the objectives.
Whether the proposal meets any requirements speci昀椀ed in the overlay or the schedule to the
overlay.
Page 1036 of 1195

59.02 SUBDIVISION OF BUILDINGS AND CAR PARKING SPACES

31/07/2018
VC148

01/07/2021
A copy of the relevant planning permit and approved plans for the development.
– The location of any existing buildings, car parking areas and private open space.
– The location, shape and size of the proposed lots to be created.
– The location and details of any signi昀椀cant vegetation.
– The location of the approved stormwater discharge point.
– The location of any street trees, poles, pits and other street furniture.
– Any loading bays and vehicle standing areas.
– Any waste storage areas.
– Any proposed common property to be owned by a body corporate and the lots participating
in the body corporate.
For the subdivision of existing buildings and car parking spaces, a copy of the occupancy permit
or a certi昀椀cate of 昀椀nal inspection for the development.
For the subdivision of land into two lots with an approved development currently under
construction, evidence that the construction has commenced.
If common property is proposed, an explanation of why the common property is required.
If the land is in an area where reticulated sewerage is not provided, a plan which shows the
location of any existing ef昀氀uent disposal area for each lot or a Land Capability Assessment
which demonstrates that each lot is capable of treating and retaining all wastewater and manage
the risks to human health and the environment of an on-site wastewater management system
constructed, installed or altered on the lot in accordance with the requirements of the
Environment Protection Regulations under the Environment Protection Act 2017.
For land in an overlay, a written statement that describes how the proposal responds to any
statement of signi昀椀cance, objectives or requirements speci昀椀ed in the schedule to the overlay.

31/07/2018
– Are consistent with the approved plans and conditions of any relevant planning permit for
the development.
– Are consistent with the layout of existing buildings and car parking spaces on the land.
– Appropriately accommodate any existing waste storage areas.
Page 1037 of 1195

– Appropriately accommodate any existing loading bay and vehicle storage area.
– Appropriately accommodate signi昀椀cant vegetation.
– Appropriately accommodate existing or proposed easements on the lots.
– Appropriately accommodate the siting of buildings having regard to safety and the risk of
spread of 昀椀re.
If the land is in an area where reticulated sewerage is not provided to each lot, whether the
For the subdivision of existing buildings and car parking spaces, whether each new lot, other
than common property, contains an existing building, part of an existing building or a car
parking space.
Whether the provision and location of common property is appropriate for the purpose for
which the land is to be commonly held.
Whether any public open space contribution is required under Clause 53.01 of this scheme or
under Section 18 of the Subdivision Act 1988.
whether the subdivision will adversely affect that signi昀椀cance or the objectives.
overlay.
Page 1038 of 1195

59.03 FRONT FENCE IN A RESIDENTIAL ZONE

31/07/2018
VC148

31/07/2018
A copy of the title for the subject land and a copy of any registered restrictive covenant.
A plan drawn to scale and fully dimensioned showing:
– The location, length, height and design of the proposed fence including details of materials.
– The location, height and design of any existing front fence on adjoining and nearby properties
including details of materials.
A photograph of the site and adjoining and nearby properties along the street frontage.
The reason for the proposed height.

31/07/2018
Whether the setback, height and design of the proposed fence are:
– Appropriate to the neighbourhood character and the site.
– Consistent with any relevant neighbourhood character objective or policy set out in the
scheme.
– Appropriate with the setback, height and appearance of front fences on adjoining and nearby
properties.
– Complement the design of the dwelling.
The extent to which slope and retaining walls reduce the effective height of the proposed fence.
Whether the proposed fence is needed to minimise noise intrusion.
The reason for the proposed height.
Page 1039 of 1195

59.04 BUILDINGS AND WORKS IN A ZONE (EXCEPT A RURAL ZONE)

31/07/2018
VC148

31/07/2018
A description of the use of the land and the proposed buildings and works.
– The location, height and use of buildings and works on adjoining land.
– All existing and proposed driveways, car parking, bicycle parking and loading areas.
– Existing and proposed landscape areas.
– The location of easements and services.
Elevation drawings to scale showing the height, colour and materials of all proposed buildings
and works.
A photograph of the building or area affected by the proposal.
A written statement describing the proposal and if relevant:
– The built form and character of adjoining and nearby buildings.
– The heritage character of any adjoining heritage places.
– Ground 昀氀oor street frontages, including visual impacts and pedestrian safety.
A written statement describing whether the proposed buildings and works meet:
– The number of car parking spaces required under Clause 52.06 or in the schedule to Clause
45.09.
– Any development requirement speci昀椀ed in the zone or the schedule to the zone.
Any relevant requirement in an approved development plan or incorporated plan for the land.
Any other information speci昀椀ed in the schedule to the zone.
For land in a residential zone, a written statement, plan or diagram showing how the proposal
meets:
– The requirements in the following standards of Clause 54:
Page 1040 of 1195

If a schedule to the zone speci昀椀es a requirement of a standard different from a requirement set out
in the Clause 54 standard the schedule to the zone applies.

31/07/2018
Whether the proposal is consistent with any relevant urban design and built form policy set out
in the scheme.
Whether the movement of pedestrians and cyclists, and vehicles providing for supplies and
waste removal are appropriately accommodated.
Whether the design complements the built form of the surrounding properties and the streetscape,
including the conservation of buildings, the design of verandahs, access from the street front,
protecting active frontages to pedestrian areas, the treatment of the fronts and backs of buildings
and their appurtenances, illumination of buildings or their immediate spaces and the landscaping
of land adjoining a road.
Whether the land and building have availability of and connection to services.
Whether the proposed development adversely impacts the amenity of the land and the locality
including existing dwellings on adjoining sites.
Whether the proposed development appropriately provides for landscaping.
Whether the proposed development adversely affects solar access to existing open spaces and
public places.
Whether the proposal meets the car parking requirements speci昀椀ed in Clause 52.06 or in the
schedule to the Parking Overlay.
Whether the proposal meets the maximum building height speci昀椀ed in the schedule to the zone.
Whether the proposal meets any relevant requirements speci昀椀ed in the zone or the schedule to
the zone.
Whether the proposal is consistent with any relevant approved development plan or incorporated
plan.
The objectives set out in the schedule to the zone.
Whether the proposal provides adequate vehicle loading and unloading facilities.
For land in a residential zone:
– Whether the proposed development is consistent with any neighbourhood character objectives
set out in the schedule to the zone.
– Whether the development is compatible with residential use.
– The scale and intensity of the development.
– The design, height, setback and appearance of the proposed buildings and works.
Page 1041 of 1195

59.05 BUILDINGS AND WORKS IN AN OVERLAY

31/07/2018
VC148

14/12/2023
A plan, drawn to scale and fully dimensioned showing:
– The location, height and design of the proposed buildings and works including details of
materials.
– The location of any existing buildings, including fences and trees.
– For land in a Neighbourhood Character Overlay, any buildings proposed to be demolished.
For land in a Signi昀椀cant Landscape Overlay, a written description of the proposal including:
– How the proposal responds to the landscape signi昀椀cance and objectives speci昀椀ed in a
schedule to the overlay.
– The impact of the proposed buildings and works on the signi昀椀cance of the landscape.
For land in a Neighbourhood Character Overlay, a written description of the proposal including:
– How the proposal responds to the key features and objectives speci昀椀ed in the schedule to
the overlay.
– If demolition is proposed, the reason for the demolition.
– How the proposal meets the requirements of Clauses 54.02-1, 54.02-2, 54.03-1, 54.03-2,
54.03-3, 54.03-4, 54.04-1, 54.04-2, 54.04-3, 54.04-4, 54.06-1, 54.06-2, including any Clause
54 modi昀椀cation speci昀椀ed in the schedule to the overlay.
For land in a Design and Development Overlay, a written description of the proposal including:
– How the proposal responds to the design objectives speci昀椀ed in a schedule to the overlay.
– How the proposal meets the requirements speci昀椀ed in a schedule to the overlay.

For land in an Erosion Management Overlay, information showing:
– The extent of any proposed earthworks.
– The means proposed to stabilise disturbed areas.
For an application under the Salinity Management Overlay, written advice including plan
references and any conditions from the referral authority demonstrating that the referral authority
has considered the proposal for which the application is made within the past three months and
does not object to the granting of the permit for the proposal.

31/07/2018
whether the buildings and works will adversely affect that signi昀椀cance or the objectives.
Page 1042 of 1195

overlay.
For an application in a Salinity Management Overlay, any comments from the relevant referral
authority.
For an application in a Neighbourhood Character Overlay, the relevant objectives, standards
and decision guidelines of Clause 54.
Any relevant decision guideline speci昀椀ed in the overlay and the schedule to the overlay.
Page 1043 of 1195

59.06 REMOVE, DESTROY OR LOP ONE TREE

20/03/2023
VC229

31/07/2018
If the tree to be removed, destroyed or lopped is identi昀椀ed as a signi昀椀cant tree in a schedule
to the overlay, a report prepared by an arborist.
– The location, shape, size and slope of the site.
– The location of the tree to be removed, destroyed or lopped.
– The location and type of other signi昀椀cant vegetation on the site.
– The location, species and height of any signi昀椀cant trees on the site that have been removed
or approved to be removed in the past 3 years.

– The species, height and trunk girth of the tree to be removed, destroyed or lopped.
– The reason the tree is to be removed, destroyed or lopped.
– If provision is to be made to replace the tree elsewhere on the land.
– If the tree is to be lopped, the extent of lopping proposed.
– Any impacts on the signi昀椀cance of the area.
A photograph of the tree to be removed, destroyed or lopped.

31/07/2018
whether the proposal will adversely affect that signi昀椀cance or the objectives.
Whether the tree proposed to be removed, destroyed or lopped contributes to the signi昀椀cance
of the area and whether the proposal will adversely affect that signi昀椀cance.
Whether the removal or lopping of the tree is needed because of the health of the tree.
Whether the lopping of the tree will adversely affect the health, appearance or signi昀椀cance of
the tree.
Whether the removal of the tree will contribute to soil erosion, slippage or salinisation.
Whether the removal or lopping of the tree is needed to create a defendable space to reduce the
risk of bush昀椀re to life and property.
If the tree is a native tree, its role in conserving 昀氀ora and fauna and whether the proposal will
adversely affect the conservation of 昀氀ora and fauna of the area.
Whether provision is made to plant a new tree elsewhere on the land.
The reasons for removing the tree including the health of the tree to be removed.
The cumulative impact of the number of trees that have been removed or been approved for
removal in the past 3 years.
Any relevant decision guideline speci昀椀ed in the overlay or the schedule to the overlay.
Page 1044 of 1195

59.07 APPLICATIONS UNDER A HERITAGE OVERLAY

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04/11/2022
– The location of any existing buildings, including fences and trees.
– The location, height and design of the proposed building or works including details of
proposed materials.
– Any buildings to be demolished.
– An elevation of the proposed building.
– The size and design of any proposed sign, including details of the supporting structure and
any proposed illumination.
– The location, style, size, colour and materials of any proposed solar energy system (that is
visible from the street frontage or any nearby public park), including details of the supporting
structure.
A written description of the proposal including:

– Any impacts on the signi昀椀cance of the heritage place.
– How the proposal responds to any relevant local heritage policy set out in the planning
scheme.
– If lopping of a tree is proposed, the reason for the lopping, the extent of lopping and an
arborist report.
The proposed colour schedule and nature of any materials and 昀椀nishes.
A photograph of the area affected by the proposal including any building, outbuilding, fence
or tree which may be affected by the proposal.
A photograph of the subject site and adjoining properties along the street frontage.
If subdivision is proposed, the location, shape and size of the proposed lots to be created.
If a sign is proposed:
– The location, size and design of the proposed sign on the site or building.
– The location and size of existing signage on the site including details of any signs to be
retained or removed.
If a solar energy system is proposed that is visible from a street (other than a lane) or public
park, measures proposed to minimise the visibility of the system and protect the structural
integrity of heritage features.

04/11/2022
General
The signi昀椀cance of the heritage place and whether the proposal will adversely affect that
signi昀椀cance.
Page 1045 of 1195

Any applicable statement of signi昀椀cance, heritage study and any applicable conservation policy.
Whether the proposal will adversely affect the character or appearance of the building or heritage
place.
Any relevant local heritage policy set out in the planning scheme.
Demolition
Whether the outbuilding to be demolished contributes to the signi昀椀cance, character or appearance
of the building or heritage place.
Buildings and works

Whether the location, bulk, form and appearance of the proposed building or works will
adversely affect the signi昀椀cance of the building or heritage place.
Whether the proposed building or works will affect the health or appearance of a tree which is
the subject of a Heritage Overlay.
Alterations
Whether the proposed alterations will restore or reconstruct original fabric which has been
removed or damaged.
Whether the proposed alterations will adversely affect the signi昀椀cance, character and appearance
Fences
Whether the fence proposed to be demolished contributes to the signi昀椀cance, character and
appearance of the building or heritage place.
Whether the proposed fence, including its style, height and materials, is appropriate to the
building or heritage place.
Trees
Whether the proposed lopping will adversely affect the health, appearance or signi昀椀cance of
the tree.
Subdivision
Whether the proposed subdivision retains the signi昀椀cant setting (landscapes, landscape features
and views) of the heritage place.
Whether the proposed subdivision respects the rhythm and spacing of buildings in the streetscape.
Whether the proposed subdivision will result in a new boundary fence, wall or structure that
adversely affects the setting of the heritage place.
Signage
Whether the proposed sign will adversely affect the signi昀椀cance, character or appearance of
the heritage place.
Solar energy systems

Any relevant building design or energy policy set out in the Planning Policy Framework.
Whether the proposed solar energy system can be sited to minimise visibility from a street or
public park without signi昀椀cantly impacting its performance.
Whether the proposed solar energy system can be designed to minimise the impact on the
signi昀椀cance, character or appearance of the heritage place.
Page 1046 of 1195

59.08 APPLICATIONS UNDER A SPECIAL BUILDING OVERLAY

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31/07/2018
– The layout, size and use of existing and proposed buildings and works, including 昀氀oor plan
layout and vehicle parking areas.
– Setbacks between existing and proposed buildings and site boundaries.
– Natural surface levels of the site to Australian Height Datum.
– Floor and surface levels of any existing and proposed buildings and works to Australian
Height Datum.
– Cross sectional details of any basement entry ramps and other basement entries to Australian
Height Datum, showing 昀氀oor levels of entry and exit areas and drainage details.
– If subdivision is proposed, the location, shape and size of the proposed lots to be created.
If a referral to the 昀氀oodplain management authority is required, written advice, including

endorsed plans of the proposal and any conditions, from the relevant 昀氀oodplain management
authority demonstrating that the 昀氀oodplain management authority has considered the proposal
for which the application is made within the past three months and does not object to the granting
of the permit for the proposal.

31/07/2018
Clauses 13.01 and 13.03 of the Planning Policy Framework.
Whether the proposal is consistent with any local 昀氀oodplain development plan for the area
incorporated into this scheme.
If a referral to the 昀氀oodplain management authority is required, any comments from the relevant
昀氀oodplain management authority.
The 昀氀ood risk including:
– The frequency, duration, extent, depth and velocity of 昀氀ooding of the site and accessways.
The effect of the development redirecting or obstructing 昀氀oodwater, stormwater or drainage

Page 1047 of 1195

59.09 SIGNS
31/07/2018
VC148

31/07/2018
A site context report, using a site plan, photographs or other methods to accurately describe:
– The location of the proposed sign on the site or building and distance from property
boundaries.
– The location and size of existing signs on the site including details of any signs to be retained
or removed.
– The location and form of existing signs on adjoining properties and in the locality.
– The location of closest traf昀椀c control signs.
– Identi昀椀cation of any view lines or vistas that could be affected by the proposed sign.
The dimensions, height above ground level and extent of projection of the proposed sign.
The height, width and depth of the total sign structure including the method of support and any
associated structures such as safety devices and service platforms.
The colour, lettering style and materials of the proposed sign.
The size of the proposed display (total display area including all sides of a multi-sided sign).

31/07/2018
Whether the proposal is consistent with any relevant local advertising policy set out in the
scheme.
Whether the proposal will impact the character of the area including:
– Natural environment, heritage, waterway, open space and rural landscape values.
– The desired future character of the area.
– The cumulative impact of signs on the character of an area.
– The need to avoid visual disorder or clutter of signs.
Whether the proposal will impact views and vistas including:

– Important views from the public realm.
– Signi昀椀cant public views.
– Views to existing signs.
Whether the proportion, scale and form of the proposed sign relates to the site, building,
streetscape, setting or landscape including:
– The position of the proposed sign, including if it protrudes above existing buildings or
landscape and natural elements.
– Screening of unsightly elements.
– The number, scale and location of existing signs.
– The ability to rationalise or simplify the number of signs.
– The ability to include landscaping to reduce the visual impact of the proposed sign structure.
Page 1048 of 1195

– The extent to which the proposed sign requires the removal of vegetation.
Whether the proposed sign is consistent with any outdoor advertising theme.
Whether there is a need for identi昀椀cation and the opportunities for adequate identi昀椀cation on
the site or locality.
Whether the proposed sign will adversely impact road safety.
Page 1049 of 1195

59.10 CAR PARKING

31/07/2018
VC148

31/07/2018
– The location of existing buildings.
– All car parking spaces and access lanes.
– Allocation of car parking spaces to different uses or tenancies, if applicable.
– Landscaping and sensitive water design treatments.

– The proposed use of the site, number of employees and patrons and hours of operation.
– The previous use of the site.
– The site and 昀氀oor area to be occupied.
– The number of car parking spaces required under Clause 52.06-5 or in a schedule to the
Parking Overlay.
– The total number of car parking spaces provided.
– The likely impact of a reduction in car parking on the amenity of the area and on the area’s
existing car parking.

31/07/2018
Whether the reduction of the car parking requirement is consistent with any relevant local
planning policy or incorporated plan.
The objectives contained in the schedule to the Parking Overlay.
Whether there is availability of alternative car parking in the locality including:
– Ef昀椀ciencies gained from the consolidation of shared car parking spaces.
– Public car parks intended to serve the land.
– On street parking in non-residential zones.
– Streets in residential zones speci昀椀cally managed for non-residential parking.
The practicality of providing car parking on the site, particularly for lots of less than 300 square
metres.
Whether there is any car parking de昀椀ciency associated with the existing use of the land.
Whether there is any credit that should be allowed for car parking spaces provided on common
land or by a Special Charge Scheme or cash-in-lieu payment.
Whether fewer car parking spaces will impact local amenity, including pedestrian amenity and
the amenity of nearby residential areas.
Whether there is a need to create safe, functional and attractive parking areas.
Page 1050 of 1195


a trip to the land in connection with the use.
The equity of reducing the car parking requirement having regard to any historic contributions
by existing businesses.
On street parking in residential zones in the locality of the land that is intended to be for
residential use.
The future growth and development of any nearby activity centre.
Local traf昀椀c management in the locality of the land.
Access to or provision of alternative transport modes to and from the land.
Whether any car parking spaces to be provided meet the design standards of Clause 52.06.
Any relevant decision guideline speci昀椀ed in a schedule to the Parking Overlay.
Page 1051 of 1195

59.11 [NO CONTENT]

31/07/2018
VC148
Page 1052 of 1195

59.12 TWO LOT SUBDIVISION IN A RURAL ZONE

31/07/2018
VC148

31/07/2018
– The location of any existing buildings and associated works.
– The location, shape and size of the proposed lots to be created.
– The location of any signi昀椀cant vegetation, waterways and wetlands.
– The location of the approved stormwater discharge point and ef昀氀uent disposal areas.

31/07/2018
– Are consistent with the layout of existing buildings and associated works on the land.
– Appropriately accommodate signi昀椀cant vegetation.
– Appropriately accommodate existing or proposed easements on the lots.
– Appropriately accommodate existing and proposed vehicle access to the lots.
If the land is in an area where reticulated sewerage is not provided to each lot, whether the
The location and design of existing and proposed infrastructure including roads, gas, water,
drainage, telecommunications and sewerage facilities.
Any Regional Catchment Strategy applying to the land.
If the land is in an overlay, statement of signi昀椀cance and the objectives contained in the schedule
to the overlay and whether the subdivision will adversely affect that signi昀椀cance or the
objectives.
Whether any public open space contribution is required under Clause 53.01 of this scheme or
under Section 18 of the Subdivision Act 1988.
Page 1053 of 1195

59.13 BUILDINGS AND WORKS IN A RURAL ZONE

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VC148

31/07/2018
A description of the use of the land and the proposed buildings and works.
– The location of any waterway or wetlands.
– The location and use of buildings and works on adjoining land.
– All existing and proposed driveways, car parking and loading areas.
– Existing and proposed landscape areas.
Elevation drawings to scale showing the height, colour and materials of all proposed buildings
and works.

03/02/2022
The impact of the siting, design, height, bulk, colours and materials to be used, on the natural
environment, character and appearance of the area, landscape features, major roads, vistas and
water features and the measures to be undertaken to minimise any adverse impacts.
Whether the proposal will have an adverse impact on adjoining and nearby land uses.
The need to protect amenity of existing residents.
The need to locate buildings in one area to avoid any adverse impacts on surrounding agricultural
uses.
The likely environmental impact on the natural physical features and biodiversity of the area,
including the need to retain vegetation and faunal habitat and the need to revegetate land
including riparian buffers along waterways, gullies, ridgelines, property boundaries and saline
discharge and recharge areas.
The capability of the land to accommodate the proposed development.
The location of on-site ef昀氀uent disposal areas to minimise the impact of nutrient loads on
waterways and native vegetation.
Any Regional Catchment Strategy and associated plan applying to the land.
The impact of the proposal on any wetlands or waterways.
Any integrated land management plan prepared for the site.
Page 1054 of 1195

Whether the development will require traf昀椀c management measures.

For buildings and works associated with a dwelling:
– Whether the dwelling will result in the loss or fragmentation of productive agricultural land.
– Whether the dwelling will be adversely affected by agricultural activities on adjacent and
nearby land due to dust, noise, odour, use of chemicals and farm machinery, traf昀椀c and
hours of operation.
– Whether the dwelling will adversely affect the operation and expansion of adjoining and
nearby agricultural uses.
– The potential for the proposal to lead to a concentration or proliferation of dwellings in the
area and the impact of this on the use of the land for agriculture.
Page 1055 of 1195

59.14 CONSTRUCTION AND EXTENSION OF ONE DWELLING ON A LOT OR A SMALL

14/12/2023
VC253
SECOND DWELLING ON A LOT IN A RESIDENTIAL ZONE

14/12/2023
A site plan, drawn to scale and fully dimensioned showing:
– Location of existing buildings on the site and on surrounding properties, including the
– Solar access to the site and surrounding properties.
site in the 12 months prior to the application being made, where known.
– Any other notable features of the site.
– In relation to the neighbourhood:
The built form, scale and character of surrounding development including front fencing.
Architectural and roof styles.
Any other notable features or characteristics of the neighbourhood.
A site and layout plan, drawn to scale and fully dimensioned showing:
– Site shape, size, orientation, easements and site levels.
– The location and use of buildings and works on adjoining land.
– The layout and use of existing buildings being retained and all proposed buildings, including
昀椀nished 昀氀oor levels.
– All existing and proposed driveways and crossovers.
– Existing and proposed landscape and open space areas.
– All external storage, waste areas and services.
An elevation plan, drawn to scale showing the height, colour and materials of the proposed
development.
Photographs of the building or area affected by the proposal.
If the application is associated with one dwelling on a lot, a written statement, plan or diagram
demonstrating how the proposal meets:
Page 1056 of 1195

– The requirements in the following standards of Clause 54:

A3 Street setback.
A15 Overlooking.
– The objectives and requirements in the following standards of Clause 54:

Clause 54.02-1 Neighbourhood character objective and standard A1.
Clause 54.02-2 Integration with the street objective and standard A2.
Clause 54.03-3 Site coverage objective and standard A5.
Clause 54.03-4 Permeability objectives and standard A6.
Clause 54.03-5 Energy ef昀椀ciency protection objectives and standard A7.
Clause 54.03-6 Signi昀椀cant trees objectives and standard A8.
Clause 54.05-1 Daylight to new windows objective and standard A16.
Clause 54.05-2 Private open space objective and standard A17.
Clause 54.05-3 Solar access to open space objective and standard A18.
Clause 54.06-1 Design detail objective and standard A19.
Clause 54.06-2 Front fences objective and standard A20.
– If the application is associated with a small second dwelling on a lot, a written statement,
plan or diagram demonstrating how the proposal meets:
The requirements in the following standards of Clause 54:
A3 Street setback
A9 Building setback
A15 Overlooking.
The objectives and requirements in the following standards of Clause 54:

Clause 54.03-4 Permeability objective and standard A6.
Clause 54.03-5 Energy ef昀椀ciency protection objective and standard A7.
Clause 54.03-6 Signi昀椀cant trees objective and standard A8.
Page 1057 of 1195

Clause 54.03-8 Safety and accessibility and standard A9.1.

in the Clause 54 standard, the requirement in the schedule to the zone applies.

14/12/2023
VC253 In assessing an application associated with one dwelling on a lot the responsible authority must
consider the following objectives, standards and decision guidelines of Clause 54 as appropriate:
The following objectives, standards and decision guidelines of Clause 54:
Clause 54.02-2 Integration with the street objective and standard A2.
Clause 54.05-3 Solar access to open space objective and standard A18.
Clause 54.06-2 Front fence objective and standard A20.
In assessing an application associated with a small second dwelling on a lot the responsible authority
must consider the following objectives, standards and decision guidelines of Clause 54 as
appropriate:
Clause 54.03-8 Safety and accessibility and standard A9.1.
in the Clause 54 standard, the requirement in the schedule to the zone applies.
Page 1058 of 1195

59.15 LOCAL VICSMART APPLICATIONS

31/07/2018
VC148 The schedule to this clause may specify classes of application that are VicSmart applications to
which Clause 71.06 applies. A class of application speci昀椀ed must not be a class of VicSmart
application speci昀椀ed in another provision of this planning scheme.
The classes of VicSmart application are speci昀椀ed in three tables:
Table 1 speci昀椀es classes VicSmart application under a zone.
Table 2 speci昀椀es classes VicSmart application under an overlay.
Table 3 speci昀椀es classes VicSmart application under a particular provision.
Each table in the schedule is divided into four columns:
Column 1 speci昀椀es the name or class of zone or overlay or name of particular provision.
Column 2 speci昀椀es the development.
Column 3 speci昀椀es the provision of the planning scheme that contains the permit requirement
applicable to the development.
Column 4 speci昀椀es the information requirements and decision guidelines in Clauses 59.01 to
59.14 or the schedule to Clause 59.16 applicable to the class of VicSmart application.
Subject to Clause 71.06, an application under a provision speci昀椀ed in Column 3 for a use or
development speci昀椀ed in Column 2 is a class of VicSmart application and must be assessed against
the provision speci昀椀ed in Column 4.
Page 1059 of 1195

31/07/2018
VC148
SCHEDULE TO CLAUSE 59.15 LOCAL VICSMART APPLICATIONS
1.0 Table 1 Classes of VicSmart application under zone provisions

21/07/2022
C222whse
Name of zone or class of Class of Permit requirement Information requirements
zone application provision and decision guidelines
None specified
2.0 Table 2 Classes of VicSmart application under overlay provisions

21/07/2022
C222whse
Name of overlay or class of Class of Permit requirement Information requirements
overlay application provision and decision guidelines
None specified
3.0 Table 3 Classes of VicSmart application under particular provisions

21/07/2022
C222whse
Name of particular Class of Permit requirement Information requirements
provision application provision and decision guidelines
None specified
Page 1060 of 1195

59.16 INFORMATION REQUIREMENTS AND DECISION GUIDELINES FOR LOCAL

31/07/2018
VC148
VICSMART APPLICATIONS
A schedule to this clause may set out information requirements and decision guidelines for a class
of VicSmart application speci昀椀ed in the Schedule to Clause 59.15.
Page 1061 of 1195

21/07/2022
C222whse
SCHEDULE 1 TO CLAUSE 59.16 INFORMATION REQUIREMENTS AND DECISION
GUIDELINES FOR LOCAL VICSMART APPLICATIONS
1.0 Information requirements

21/07/2022

21/07/2022
Page 1062 of 1195

60 GENERAL PROVISIONS
31/07/2018
VC148 This section sets out provisions about existing uses, decision guidelines, referral of applications
and other matters.
Page 1063 of 1195

61 [NO CONTENT]
31/07/2018
VC148
Page 1064 of 1195

62 GENERAL EXEMPTIONS
31/07/2018
VC148
Page 1065 of 1195

62.01 USES NOT REQUIRING A PERMIT

14/12/2023
VC253 Any requirement in this scheme relating to the use of land, other than a requirement in the Public
Conservation and Resource Zone, does not apply to:
The use of land for a Road except within the Urban Floodway Zone and a Public Conservation
and Resource Zone.
The use of land for Natural systems.
The use of land in a road if the use is associated with the use of adjoining land and is authorised
by the Council under a local law.
The use of land in a road to trade from a stall, stand, motor vehicle, trailer, barrow or other
similar device.
The use of land for wind measurement by an anemometer for three years or less.
The use of land for earth and energy resources industry if the conditions of Clause 52.08 are
met.
The use of land for a carnival or circus if the requirements of A ‘Good Neighbour’ Code of
Practice for a Circus or Carnival, October 1997 are met.
The use of land for apiculture if the requirements of the Apiary Code of Practice, May 2011
are met.
The use of land for temporary portable land sales of昀椀ce located on the land for sale.
The use of land for a telecommunications facility.
The use of land for a helicopter landing site if the use meets the requirements of Clause 52.15-1.
The use of land for a minor utility installation.
The use of land to display a sign.
The use of land for power lines and electrical sub-stations associated with an energy generation
facility or geothermal energy extraction if a permit was issued for such use or development
prior to the approval date of Amendment VC157.
The use of land for environmental monitoring (including monitoring groundwater, noise or air
quality) carried out by or on behalf of the Head, Transport for Victoria.
The use of land for an Electorate of昀椀ce.
The use of land for a moveable unit as de昀椀ned in the Housing Act 1983, carried out by or on
behalf of the Chief Executive Of昀椀cer, Homes Victoria.
Page 1066 of 1195

62.02 BUILDINGS AND WORKS

15/03/2019
VC157 Clauses 62.02-1 and 62.02-2 set out exemptions from permit requirements in this scheme relating
to the construction of a building or the construction or carrying out of works. These exemptions
do not apply to the removal, destruction or lopping of trees and the removal of vegetation.
Exemptions for vegetation removal are set out in Clause 62.02-3.
62.02-1 Buildings and works not requiring a permit

14/12/2023
VC253 Any requirement in this scheme relating to the construction of a building or the construction or
carrying out of works, other than a requirement in the Public Conservation and Resource Zone,
does not apply to:
Buildings or works which provide for 昀椀re protection under relevant legislation.
Emergency works undertaken by, or on behalf of, a municipality, public authority or utility
service provider in the exercise of any power conferred on them under any Act.
Buildings or works with an estimated cost of $1,000,000 or less carried out by or on behalf of
a municipality.
Maintenance works carried out by a municipality or public authority to prevent or alleviate
昀氀ood damage.
An anemometer located on a site for three years or less.
Buildings and works associated with a use on adjoining land or street trading if authorised
under a local law.
Gardening.
Buildings and works associated with a minor utility installation.
Power lines and electrical sub-stations associated with an Energy generation facility or
Geothermal energy extraction if a permit was issued for such use or development prior to the
approval date of Amendment VC157.
Buildings or works which are a modi昀椀cation necessary to comply with a direction under the
Dangerous Goods Act 1985 or the Occupational Health and Safety Act 2004 or a Development
Licence, Operating Licence or notice under the Environment Protection Act 2017.
Buildings and works for a telecommunications facility exempt from a permit under clause
52.19-1.
Buildings and works associated with a dam if a licence is required to construct the dam or to
take and use water from the dam under the Water Act 1989.
Buildings and works associated with a carnival or circus if the requirements of A ‘Good
Neighbour’ Code of Practice for a Circus or Carnival, October 1997 are met.
Buildings and works associated with apiculture if the requirements of the Apiary Code of
Practice, May 2011 are met.
A temporary portable classroom associated with an education centre located on a site for three
years or less.
A temporary shed or temporary structure for construction purposes, or a temporary portable
land sales of昀椀ce located on the land for sale.
A children’s cubbyhouse.
External lighting normal to a dwelling or small second dwelling.
The construction, alteration, removal or demolition of an observational bore where a licence
has been issued for those works under Part 5 of the Water Act 1989.
Page 1067 of 1195

Any works associated with the use of land for earth and energy resources industry if the
conditions of Clause 52.08 are met.
A crop support or protection structure associated with horticulture, including a trellis, cloche,
net and shadecloth. It does not include a structure with a solid roof or solid wall such as a glass
house or igloo.
An annexe attached to a movable caravan located on land used for a camping and caravan park.
Works associated with geotechnical testing or service proving.
Buildings and works associated with the use of land in a road to trade from a stall, stand, motor
vehicle, trailer, barrow or other similar device.
The construction of or putting up for display a sign consistent with the requirements of Clause
52.05-10.
Temporary buildings and works associated with environmental monitoring (including monitoring
groundwater, noise or air quality) constructed or carried out by or on behalf of the Head,
Transport for Victoria.
62.02-2 Buildings and works not requiring a permit unless specifically required by the
14/12/2023
VC253
planning scheme
Any requirement in this scheme relating to the construction of a building or the construction or
carrying out of works, other than a requirement in the Public Conservation and Resource Zone,
does not apply to:
A fence.
The construction of or putting up for display a sign (except for a sign consistent with the
requirements of Clause 52.05-10 which is provided for in Clause 62.02-1).
Roadworks.
Buildings and works associated with a railway, railway station or tramway constructed or
carried out by or on behalf of the Head, Transport for Victoria. If the buildings or works are
on land in an Urban Floodway Zone, Floodway Overlay, Land Subject to Inundation Overlay,
Special Building Overlay and will redirect or obstruct the water 昀氀ow path, they must be
constructed and carried out to the satisfaction of the relevant 昀氀oodplain management authority.
Street furniture including post boxes, telephone booths, 昀椀re hydrants, bus shelters, shade sails,
traf昀椀c control devices and public toilets.
Park furniture including seating, tables, shelters, rubbish bins, playground equipment, barbeques,
shade sails, drinking fountains and public toilets.
Furniture and works normally associated with an education centre including, but not limited
to, outdoor furniture, playground equipment, art works, drinking fountains, rubbish bins and
landscaping.
Disability access and disability facilities associated with an education centre (not including a
lift external to a building).
Art work that is carried out by or on behalf of a public land manager.
Oil pipelines.
Buildings and works associated with a moveable unit as de昀椀ned in the Housing Act 1983,
carried out by or on behalf of the Chief Executive Of昀椀cer, Homes Victoria.
The internal rearrangement of a building or works provided the gross 昀氀oor area of the building,
or the size of the works, is not increased and the number of dwellings is not increased.
Repairs and routine maintenance to an existing building or works.
Page 1068 of 1195

Domestic services normal to a dwelling or small second dwelling.

A rainwater tank with a capacity of not more than 10,000 litres.
A television antenna.
A 昀氀agpole.
An open-sided pergola or verandah to a dwelling or small second dwelling with a 昀椀nished 昀氀oor
level not more than 800 mm above ground level and a maximum building height of three metres
above ground level.
A deck to a dwelling or small second dwelling with a 昀椀nished 昀氀oor level not more than 800
mm above ground level.
Any works necessary to prevent soil erosion, or to ensure soil conservation or reclamation.
A solar energy system attached to a building that primarily services the land on which it is
situated.
Buildings and works associated with cat cages and runs, bird cages, dog houses, and other
domestic animal enclosures associated with the use of the land as a dwelling.
Services normal to a building other than a dwelling or small second dwelling, including
and cameras, downpipes, window shading devices, or similar.
An electric vehicle charging station.
This does not apply if a permit is speci昀椀cally required for any of these matters.
62.02-3 Vegetation removal

30/08/2006
VC40 Any requirement in this scheme relating to the construction or carrying out of works does not
apply to the removal, destruction or lopping of trees and the removal of vegetation.
This does not apply if a permit is speci昀椀cally required to remove, destroy or lop trees or to remove
vegetation.
Page 1069 of 1195

62.03 EVENTS ON PUBLIC LAND

28/03/2018
VC145 Any requirement in this scheme relating to the use of land or the construction of a building or the
construction or carrying out of works does not apply to:
an event on public land; or
temporary buildings or works required for the event;
where that event has been authorised by the public land manager or by the council under a local
law.
An event includes land used to provide temporary cultural or community activities and entertainment
such as a concert, festival or exhibition.
This does not apply to public land where a local provision of this scheme speci昀椀cally regulates an
event for a particular site.
Page 1070 of 1195

62.04 SUBDIVISIONS NOT REQUIRING A PERMIT

28/03/2018
VC145 Any requirement in this scheme relating to the subdivision of land does not apply to:
A subdivision by an authority acquiring the land which does not create an additional lot.
A subdivision by a public authority or utility service provider which does not create an additional
lot other than for the sole purpose of a minor utility installation. This does not apply if a permit
is required to subdivide land under any overlay.
A subdivision by an authority acquiring the land which creates additional lots if the additional
lots are severed parcels of land without legal access to an existing road and the additional lots
are retained by the acquiring authority or sold to an abutting land owner on the condition that
the lot be consolidated with abutting land.
A subdivision which realigns the common boundary between two lots if all the land is in one
urban zone and any of the following apply:
– Any lot that is reduced in area meets the minimum lot area and minimum dimensions (if
any) speci昀椀ed for the zone. This does not apply if the area of the smaller lot is limited by a
provision of this scheme, or by a condition of a planning permit.
– There is no minimum lot area speci昀椀ed for the zone, the area of the smaller lot is more than
230 square metres, and the area of either lot is reduced by less than 30 square metres.
– There is no minimum lot area speci昀椀ed for the zone, the area of the smaller lot is 230 square
metres or less, and the area of either lot is reduced by less than 5 percent or by less than 30
square metres, which ever is lesser.
– The new boundary coincides with a boundary fence that is more than 昀椀ve years old. This
does not apply if all the land is in one ownership.
A subdivision which realigns the common boundary between two lots if all the land is in one
non-urban zone, the re-subdivision does not allow the number of dwellings the whole of the
land could be used for under this scheme to increase, and any of the following apply:
– Any lot that is reduced in area meets the minimum lot area and minimum dimensions (if
any) speci昀椀ed for the zone. This does not apply if the area of the smaller lot is limited by a
provision of this scheme, or by a condition of a planning permit.
– There is no minimum lot area speci昀椀ed for the zone, and no part of the boundary is moved
more than 1 metre. This does not apply if the area of the smaller lot would be less than the
area speci昀椀ed by a condition of a planning permit.
– There is no minimum lot area speci昀椀ed for the zone, the new boundary coincides with the
location of a fence that is more than 5 years old, and no part of the boundary is moved more
than three metres.
Page 1071 of 1195

62.05 DEMOLITION
17/02/2022
VC200 A permit is not required for the demolition or removal of a building or works unless a permit is
speci昀椀cally required for demolition or removal.
Any requirement in this planning scheme (other than a requirement in a Heritage Overlay) relating
to the demolition or removal of a building or works does not apply to the demolition of removal
of a building or works associated with a car park, railway, railway station or tramway carried out
by or on behalf of the Head, Transport for Victoria.
Page 1072 of 1195

62.06 DELIVERY OF ESSENTIAL GOODS PERMIT CONDITION EXEMPTION

28/10/2022
VC224 The purpose of this exemption is to enable additional 昀氀exibility for deliveries of essential goods
if the time within which a delivery may be carried out is regulated by a permit condition.
In this exemption, delivery includes loading, dispatching and unloading.
This exemption applies to the delivery of food, drink, groceries, medicine, or cleaning, sanitising,
health, hygiene, medical or personal protection equipment, supplies, or products, or the like.
Despite any condition of a permit that speci昀椀es a period of time within which a delivery may be
carried out, a delivery may be carried out for up to 1 hour before the start of the speci昀椀ed period
and 1 hour after the end of the speci昀椀ed period.
Example: If a condition of a permit only allows deliveries between the hours of 7am and 10pm, the delivery may
be carried out under this exemption after 6am and up until 11pm.
Page 1073 of 1195

63 EXISTING USES
28/03/2018
VC145
Page 1074 of 1195

63.01 EXTENT OF EXISTING USE RIGHTS

28/03/2018
VC145 An existing use right is established in relation to use of land under this scheme if any of the
following apply:
The use was lawfully carried out immediately before the approval date.
A permit for the use had been granted immediately before the approval date and the use
commences before the permit expires.
A permit for the use has been granted under Clause 63.08 and the use commences before the
permit expires.
Proof of continuous use for 15 years is established under Clause 63.11.
The use is a lawful continuation by a utility service provider or other private body of a use
previously carried on by a Minister, government department or public authority, even where
the continuation of the use is no longer for a public purpose.
Page 1075 of 1195

63.02 CHARACTERISATION OF USE

31/07/2018
VC148 If a use of land is being characterised to assess the extent of any existing use right, the use is to be
characterised by the purpose of the actual use at the relevant date, subject to any conditions or
restrictions applying to the use at that date, and not by the classi昀椀cation in the table to Clause
73.03 or in Section 1, 2 or 3 of any zone.
Page 1076 of 1195

63.03 EFFECT OF DEFINITIONS ON EXISTING USE RIGHTS

28/03/2018
VC145 The de昀椀nition of a term in this scheme, or the amendment of any de昀椀nition, does not increase or
restrict the extent of any existing use right established prior to the inclusion of the de昀椀nition or
amendment.
Page 1077 of 1195

63.04 SECTION 1 USES

28/03/2018
VC145 A use in Section 1 of a zone for which an existing use right is established may continue provided
any condition or restriction to which the use was subject and which applies to the use in Section
1 of the zone continues to be met.
Page 1078 of 1195

63.05 SECTIONS 2 AND 3 USES

28/03/2018
VC145 A use in Section 2 or 3 of a zone for which an existing use right is established may continue
provided:
No building or works are constructed or carried out without a permit. A permit must not be
granted unless the building or works complies with any other building or works requirement
in this scheme.
Any condition or restriction to which the use was subject continues to be met. This includes
any implied restriction on the extent of the land subject to the existing use right or the extent
of activities within the use.
The amenity of the area is not damaged or further damaged by a change in the activities beyond
the limited purpose of the use preserved by the existing use right.
Page 1079 of 1195

63.06 EXPIRATION OF EXISTING USE RIGHTS

28/03/2018
VC145 An existing use right expires if either:
The use has stopped for a continuous period of 2 years, or has stopped for two or more periods
which together total 2 years in any period of 3 years.
In the case of a use which is seasonal in nature, the use does not take place for 2 years in
succession.
Page 1080 of 1195

63.07 COMPLIANCE WITH CODES OF PRACTICE

28/03/2018
VC145 A use for which an existing use right is established must comply with any relevant code of practice
incorporated in this scheme if either:
The code of practice has been incorporated or adopted in accordance with Section 39 of the
Conservation Forests and Lands Act 1987.
The code of practice is approved or rati昀椀ed by Parliament under an Act.
Page 1081 of 1195

63.08 ALTERNATIVE USE

28/03/2018
VC145 If land is used for a use in Section 3 of a zone for which an existing use right is established, a
permit may be granted to use the land for an alternative use which does not comply with this
scheme. The responsible authority must be satis昀椀ed that the use of the land for the alternative use
will be less detrimental to the amenity of the locality.
Page 1082 of 1195

63.09 SHOP CONDITIONS

28/03/2018
VC145 A permit must not be granted to:
Construct or carry out a building or works under Clause 63.05 for a shop with a leasable 昀氀oor
area exceeding 500 square metres.
Use land under Clause 63.08 for a shop with a leasable 昀氀oor area exceeding 500 square metres.
Page 1083 of 1195

63.10 DAMAGED OR DESTROYED BUILDINGS OR WORKS

28/03/2018
VC145 If at least 50 percent of the gross 昀氀oor area of a building or at least 50 percent of the area of any
works is damaged or destroyed so that the use cannot continue without the building or works being
reconstructed, the land must be used in conformity with this scheme, unless a permit is granted to
continue the use, and to construct or carry out buildings or works.
Page 1084 of 1195

63.11 PROOF OF CONTINUOUS USE

12/02/2024
VC254 If, in relation to an application or proceeding under the Act or this scheme, including an application
for a certi昀椀cate of compliance under Section 97N of the Act, the extent of any existing use right
for a period in excess of 15 years is in question, it is suf昀椀cient proof of the establishment of the
existing use right if the use has been carried out continuously for a period of 15 years at any time
before the date of the application or proceeding.
An existing use right may be established under this clause even if the use did not comply with the
scheme immediately before or during the 15 year period, unless any of the following apply:
At any time before or after commencement of the 15 year period the use has been held to be
unlawful by a decision of a court or tribunal.
During the 15 year period, the responsible authority has clearly and unambiguously given a
written direction for the use to cease by reason of its non-compliance with the scheme.
The use ceased between the end of the 15 year period and the date of the application or
proceeding.
Page 1085 of 1195

63.12 DECISION GUIDELINES

28/03/2018
VC145 Before deciding on an application under Clause 63.05, 63.08 or 63.10, in addition to the decision
guidelines in Clause 65 and any other requirements of the Act, the responsible authority must
consider the extent to which compliance can be achieved with all scheme requirements that can
reasonably be met.
Page 1086 of 1195

64 GENERAL PROVISIONS FOR USE AND DEVELOPMENT OF LAND

28/03/2018
VC145
Page 1087 of 1195

64.01 LAND USED FOR MORE THAN ONE USE

28/03/2018
VC145 If land is used for more than one use and one is not ancillary to the other, each use must comply
with this scheme.
Page 1088 of 1195

64.02 LAND USED IN CONJUNCTION WITH ANOTHER USE

28/03/2018
VC145 If a provision of this scheme provides that a use of land must be used ‘in conjunction with’ another
use of the land:
there must be an essential association between the two uses; and
the use must have a genuine, close and continuing functional relationship in its operation with
the other use.
Page 1089 of 1195

64.03 SUBDIVISION OF LAND IN MORE THAN ONE ZONE

28/03/2018
VC145 If a provision of this scheme provides that a permit is required to subdivide land and the land is
in more than one zone a permit may be granted even if one of the lots does not comply with the
minimum lot size requirements of a zone.
Permit Requirement
A permit may be granted to create one lot smaller than speci昀椀ed in the scheme if all of the following
are met:
The lot to be subdivided is in more than one zone and cannot comply with the minimum lot
area speci昀椀ed in the scheme.
The proposed subdivision does not create lots where any lot extends into more than one zone.
This does not apply to any lots created for the following purposes:
– To comply with the requirements of the Urban Floodway Zone.
– To provide access to a road.
The remainder of the proposed lots must comply with the minimum lot area speci昀椀ed in the
scheme.
Page 1090 of 1195

65 DECISION GUIDELINES
28/03/2018
VC145 Because a permit can be granted does not imply that a permit should or will be granted. The
responsible authority must decide whether the proposal will produce acceptable outcomes in terms
of the decision guidelines of this clause.
Page 1091 of 1195

65.01 APPROVAL OF AN APPLICATION OR PLAN

09/12/2021
VC204 Before deciding on an application or approval of a plan, the responsible authority must consider,
as appropriate:
The matters set out in section 60 of the Act.
Any signi昀椀cant effects the environment, including the contamination of land, may have on the
use or development.
The purpose of the zone, overlay or other provision.
Any matter required to be considered in the zone, overlay or other provision.
The orderly planning of the area.
The effect on the environment, human health and amenity of the area.
The proximity of the land to any public land.
Factors likely to cause or contribute to land degradation, salinity or reduce water quality.
Whether the proposed development is designed to maintain or improve the quality of stormwater
within and exiting the site.
The extent and character of native vegetation and the likelihood of its destruction.
Whether native vegetation is to be or can be protected, planted or allowed to regenerate.
The degree of 昀氀ood, erosion or 昀椀re hazard associated with the location of the land and the use,
development or management of the land so as to minimise any such hazard.
The adequacy of loading and unloading facilities and any associated amenity, traf昀椀c 昀氀ow and
road safety impacts.
The impact the use or development will have on the current and future development and
operation of the transport system.
This clause does not apply to a VicSmart application.
Page 1092 of 1195

65.02 APPROVAL OF AN APPLICATION TO SUBDIVIDE LAND

15/03/2024
VC256 Before deciding on an application to subdivide land, the responsible authority must also consider,
as appropriate:
The suitability of the land for subdivision.
The existing use and possible future development of the land and nearby land.
The availability of subdivided land in the locality, and the need for the creation of further lots.
The effect of development on the use or development of other land which has a common means
of drainage.
The subdivision pattern having regard to the physical characteristics of the land including
existing vegetation.
The density of the proposed development.
The area and dimensions of each lot in the subdivision.
The layout of roads having regard to their function and relationship to existing roads.
The movement of pedestrians and vehicles throughout the subdivision and the ease of access
to all lots.
The provision and location of reserves for public open space and other community facilities.
The staging of the subdivision.
The design and siting of buildings having regard to safety and the risk of spread of 昀椀re.
The provision of off-street parking.
The provision and location of common property.
The functions of any owners corporation.
The availability and provision of utility services, including water, sewerage, drainage, electricity,
and, where the subdivision is not a residential subdivision, gas.
If the land is not sewered and no provision has been made for the land to be sewered, the
capacity of the land to treat and retain all sewage and sullage within the boundaries of each lot.
Whether, in relation to subdivision plans, native vegetation can be protected through subdivision
and siting of open space areas.
The impact the development will have on the current and future development and operation of
the transport system.
This clause does not apply to a VicSmart application.
Page 1093 of 1195

66 REFERRAL AND NOTICE PROVISIONS

14/05/2021
VC198
Scope
These provisions set out the kinds of applications which must be referred under section 55 of the
Act or for which notice must be given under section 52(1)(c) of the Act. The provisions do not
apply to the seeking of advice about an application or where a responsible authority may choose
to give notice under another sub-section of section 52(1) of the Act.
These provisions also specify when a plan must be referred under section 8(1)(a) of the Subdivision
Act 1988.
Referrals
Applications of the kind listed in Clauses 66.01, 66.02, 66.03 and 66.04 must be referred to the
person or body speci昀椀ed as a referral authority in accordance with section 55 of the Act.
Any requirement for referral under this or another clause does not apply if:
In the opinion of the responsible authority, the proposal satis昀椀es requirements or conditions
previously agreed in writing between the responsible authority and the referral authority, or
the referral authority has considered the proposal for which the application is made within the
past three months and has stated in writing that it does not object to the granting of the permit
for the proposal; or
The application is for the use or development of land for extractive industry or mining and a
copy of a work plan or variation to an approved work plan accompanying the application was
given to the referral authority (other than the Head, Transport for Victoria) under section 77TE
of the Mineral Resources (Sustainable Development) Act 1990.
Notice
Notice of an application of the kind listed in Clauses 66.05 and 66.06 must be given in accordance
with section 52(1)(c) of the Act to the person or body speci昀椀ed as a person or body to be noti昀椀ed.
Any requirement for notice under this or another clause does not apply if, in the opinion of the
responsible authority, the proposal satis昀椀es requirements or conditions previously agreed in writing
between the responsible authority and the person or body to be noti昀椀ed.
Page 1094 of 1195

66.01 SUBDIVISION REFERRALS

04/08/2022
VC221 An application of the kind listed in the table below must be referred to the person or body speci昀椀ed
as the referral authority. The table below speci昀椀es whether the referral authority is a determining
referral authority or a recommending referral authority.
Kind of application Referral authority Type of referral

authority
To subdivide land other than: The relevant water, drainage or Determining referral
sewerage authority authority
A boundary realignment.
The relevant electricity supply or Determining referral
The subdivision of an existing building distribution authority authority
already connected to services.
The relevant gas supply authority Determining referral
A two lot subdivision. only where the subdivision is authority
The subdivision of land into lots each proposed to connect a lot to a
containing an existing dwelling or car reticulated gas supply system.
parking space.
To subdivide land outside the metropolitan Country Fire Authority Determining referral
fire district which creates a road, where the authority
requirements of Clause 56.09-3 are not met.
To subdivide land if the only access to a lot Minister administering the Land Determining referral
is over Crown land which has not been Act 1958 authority
reserved or proclaimed as a road.
To subdivide land crossed by a gas The relevant gas supply authority Determining referral
transmission pipeline or a gas transmission authority
pipeline easement.
To subdivide land within 60 metres of a major The relevant electricity Determining referral
electricity transmission line (220 Kilovolts or transmission authority authority
more) or an electricity transmission easement.
To subdivide a heritage place of which all or The Executive Director specified Determining referral
part is included in the Victorian Heritage in the Heritage Act 2017 authority
Register.
Note: A subdivision which does not require referral under Clause 66.01 must be referred if it is listed as a
requirement under any other provision of Clause 66.
66.01-1 Mandatory conditions for subdivision permits

04/08/2022
VC221 A permit for subdivision must contain the following conditions:
The owner of the land must enter into an agreement with:
a telecommunications network or service provider for the provision of telecommunication
services to each lot shown on the endorsed plan in accordance with the provider’s requirements
and relevant legislation at the time; and
a suitably quali昀椀ed person for the provision of 昀椀bre ready telecommunication facilities to each
lot shown on the endorsed plan in accordance with any industry speci昀椀cations or any standards
set by the Australian Communications and Media Authority, unless the applicant can demonstrate
that the land is in an area where the National Broadband Network will not be provided by
optical 昀椀bre.
Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision
Act 1988, the owner of the land must provide written con昀椀rmation from:
Page 1095 of 1195

a telecommunications network or service provider that all lots are connected to or are ready
for connection to telecommunications services in accordance with the provider’s requirements
and relevant legislation at the time; and
a suitably quali昀椀ed person that 昀椀bre ready telecommunication facilities have been provided in
accordance with any industry speci昀椀cations or any standards set by the Australian
Communications and Media Authority, unless the applicant can demonstrate that the land is in
an area where the National Broadband Network will not be provided by optical 昀椀bre.
This requirement does not apply to a permit granted to:
Subdivide land in a rural zone, public land zone, Urban Floodway Zone or Special Use Zone
if the responsible authority is satis昀椀ed that connection to telecommunication services is not
warranted.
Realign the common boundary between two lots (boundary realignment).
Subdivide an existing building already connected to telecommunication services.
A permit granted to subdivide land in a manner that does not require referral under Clause 66.01
must contain the following conditions:
The owner of the land must enter into agreements with the relevant authorities for the provision
of water supply, drainage, sewerage facilities, electricity and gas (where it is proposed to be
connected) services to each lot shown on the endorsed plan in accordance with the authority’s
requirements and relevant legislation at the time.
All existing and proposed easements and sites for existing or required utility services and roads
on the land must be set aside in the plan of subdivision submitted for certi昀椀cation in favour of
the relevant authority for which the easement or site is to be created.
The plan of subdivision submitted for certi昀椀cation under the Subdivision Act 1988 must be
referred to the relevant authority in accordance with Section 8 of that Act.
This requirement does not apply to a permit granted to subdivide land into lots each containing an
existing dwelling or car parking space.
66.01-2 Referrals under the Subdivision Act – certification of plans

15/09/2008
VC49 For the purpose of Section 8(1)(a) of the Subdivision Act 1988 referral of a plan is required if:
A referral is required by a permit issued under this scheme. The plan must be referred to the
relevant referral authority.
A plan creates, varies or removes an easement or restriction likely to be of interest to a referral
authority. The plan must be referred to the relevant referral authority.
The only access to a lot on a plan is over Crown land and the Minister administering the Land
Act 1958 has not consented or provision has not been made for a road to be reserved or
proclaimed. The plan must be referred to that Minister.
In the opinion of the Council the plan may affect existing sewerage, water, drainage or other
works. The plan must be referred to the referral authority responsible for those works.
Page 1096 of 1195

66.02 USE AND DEVELOPMENT REFERRALS

31/07/2018
VC148 An application of the kind listed in the tables below must be referred to the person or body speci昀椀ed
as the referral authority. The tables below specify whether the referral authority is a determining
referral authority or a recommending referral authority.
66.02-1 Environment Protection Authority Licence

04/05/2022
VC210
authority
For a use or development requiring any of the following: Environment Determining referral
Protection Authority authority
A Development Licence or Operating Licence in
accordance with Part 4.4 of the Environment
Amendment of a licence in accordance with Part 4.3

of the Environment Protection Act 2017.
66.02-2 Native vegetation

12/12/2017
VC138
authority
To remove, destroy or lop native vegetation in the Secretary to the Department of Recommending
Detailed Assessment Pathway as defined in the Environment, Land, Water and referral authority
Guidelines for the removal, destruction or lopping Planning (as constituted under
of native vegetation (Department of Environment, Part 2 of the Conservation,
Land, Water and Planning, 2017). Forests and Lands Act 1987)
To remove, destroy or lop native vegetation if a

property vegetation plan applies to the site.
To remove, destroy or lop native vegetation on

Crown land which is occupied or managed by the
66.02-3 Cattle feedlot

25/05/2017
VC133
Kind of Referral authority Type of referral authority
application
To use or Minister for Agriculture Determining referral authority

develop land
for a cattle If the site is located within a special water supply Determining referral authority
feedlot. catchment area under the Catchment and Land
Protection Act 1994, the relevant water authority under
the Water Act 1989 and the Secretary to the Department
administering the Catchment and Land Protection Act
1994
If the number of cattle is 5000 or more, the Environment Determining referral authority
Protection Authority
Page 1097 of 1195

66.02-4 Major electricity line or easement

25/05/2017
VC133
authority
To construct a building or construct or carry out The relevant electricity Determining referral
works on land within 60 metres of a major transmission authority authority
electricity transmission line (220 Kilovolts or more)
or an electricity transmission easement.
66.02-5 Special water supply catchment area

19/09/2017
VC132
authority
To use, subdivide or consolidate land, to construct a building The relevant water Determining referral
or construct or carry out works, or to demolish a building or board or water supply authority
works that are within a Special Water Supply Catchment authority
Area listed in Schedule 5 of the Catchment and Land
Protection Act 1994 and which provides water to a domestic
supply.
This does not apply to an application for a sign, fence,

roadworks or unenclosed building or works ancillary to a
dwelling.
66.02-6 Timber production

25/05/2017
VC133
authority
To use or develop land for timber production Secretary to the Department of Determining referral
by establishing a plantation. Environment, Land, Water and authority
Planning (as constituted under Part
To use or develop land for timber production
2 of the Conservation, Forests and
by harvesting timber from native forest,
Lands Act 1987)
including thinning, if the area of native forest
to be subjected to timber production
operations is 10 hectares or greater.
66.02-7 Industry, utility installation or warehouse

26/05/2020
VC175
authority
To use land for an industry, utility installation or warehouse Environment Determining

for a purpose listed in the table to Clause 53.10 with no Protection referral authority
threshold distance specified or if the threshold distance is not Authority
to be met.
To use land for an industry, utility installation or warehouse if The Victorian Determining
any of the following apply: WorkCover referral authority
Authority
– A fire protection quantity is exceeded under the Dangerous
Goods (Storage and Handling) Regulations 2012.
Page 1098 of 1195


authority
– A notification is required under the Occupational Health

and Safety Regulations 2017.
– A licence is required under the Dangerous Goods

(Explosives) Regulations 2011.
– A licence is required under Dangerous Goods (HCDG)

Regulations 2016 and the use is not associated with
agriculture.
To construct a building or construct or carry out works on land The Victorian Determining
used for an industry, utility installation or warehouse if the area WorkCover referral authority
of the buildings and works will increase by more than 25 per Authority
cent and any of the following apply:
– A fire protection quantity is exceeded under the Dangerous

Goods (Storage and Handling) Regulations 2012.
– A notification is required under the Occupational Health

and Safety Regulations 2017.
– A licence is required under the Dangerous Goods

(Explosives) Regulations 2011.
– A licence is required under the Dangerous Goods (HCDG)

Regulations 2016 and the use is not associated with
agriculture.
66.02-8 Extractive industry

22/03/2022
VC219
authority
To use or develop land for extractive industry. Secretary to the Department Determining
administering the Heritage Act referral authority
2017.
Secretary to the Department

administering the Mineral
Resources (Sustainable
Development) Act 1990
To use or develop land for accommodation in a Secretary to the Department Recommending

rural zone if the building or works associated with administering the Mineral referral authority
the accommodation is located within 500 metres Resources (Sustainable
from the nearest title boundary of land on which a Development) Act 1990
work authority has been applied for or granted
under the Mineral Resources (Sustainable
To use or develop land for extractive industry on Secretary to the Department Determining
Crown land or land abutting Crown land, other than administering the Land Act referral authority
a government road. 1958, Crown Land (Reserves)
Act 1978, National Parks Act
1975 and Forests Act 1958
Page 1099 of 1195


authority
To use or develop land for extractive industry: Secretary to the Department Determining
administering the Catchment referral authority
– In Special Areas declared under Section 27 of
and Land Protection Act 1994
the Catchment and Land Protection Act 1994.
– On land where the use or development involves

the removal or destruction of native vegetation
if the total area to be cleared is 10 hectares or
greater.
– On land which has been identified in this

scheme as being subject to high erosion risk
or areas identified as being subject to salinity
management.
To use or develop land for extractive industry: Secretary to the Department Determining
administering the Flora and referral authority
– In areas with communities or taxa listed or
Fauna Guarantee Act 1988
critical habitat determined under the Flora and
Fauna Guarantee Act 1988.
– On land which has been identified in this

scheme as containing sites of flora or fauna
significance.
To use or develop land for extractive industry on Secretary to the Department Determining
land which has been identified in this scheme as administering Section 201 of referral authority
flood prone. the Water Act 1989
To use or develop land for extractive industry if the Environment Protection Determining
land is intended to be used for land fill at a future Authority referral authority
date.
To use or develop land for extractive industry: Head, Transport for Victoria Determining
referral authority
– On land which abuts a local road which
intersects with a road declared as a freeway
or an arterial road under the Road
Management Act 2004 and if the development
is expected to increase traffic movement at the
intersection of the local road and the declared
road by ten percent or more.
– On land which abuts a road declared as a

freeway or an arterial road under the Road
Management Act 2004. This does not apply to
a development which generates less than one
hundred commercial trips per day, with
roadworks at the entrance to the site built in
accordance with the requirements of the Head,
Transport for Victoria and the declared road is
not a freeway.
Page 1100 of 1195

66.02-9 Geothermal energy extraction

25/05/2017
VC133
Kind of application Referral authority Type of referral authority
To use or develop land for Secretary to the Department Determining referral authority
geothermal energy extraction. administering the Geothermal Energy
Resources Act 2005
66.02-10 Greenhouse gas sequestration

25/05/2017
VC133
To use or develop land for Secretary to the Department Determining referral

greenhouse gas sequestration. administering the Greenhouse Gas authority
Geological Sequestration Act 2008
66.02-11 Land use and transport integration

09/12/2021
VC204
Kind of application Referral Type of
authority referral
authority
An application to subdivide land, to construct a building or to construct or Head, Determining

carry out works for any of the following: Transport for referral
Victoria authority
A residential development comprising 60 or more dwellings or lots.
A residential building comprising 60 or more lodging rooms.
A residential village comprising 60 or more dwellings.
A retirement village comprising 60 or more dwellings or lots.
A new retail premises of 4000 or more square metres of leasable floor

area.
An increase of more than 1000 square metres to the leasable floor area
of an existing retail premises which is 4000 or more square metres
leasable floor area.
An office development of 10,000 or more square metres of leasable

floor area.
A place of assembly comprising 400 or more seats or 600 or more square

metres of gross floor area.
An education centre.
A major sports and recreation facility.
Any alteration or development of public transport infrastructure or stops,

unless undertaken for the Head, Transport for Victoria.
Buildings and works associated with an existing place of assembly,

education centre, major sports and recreation facility or retirement village.
A development consistent with an adopted Structure Plan that has been

prepared in consultation with and endorsed by the Head, Transport for
Victoria.
Page 1101 of 1195

66.02-12 Declared irrigation districts

17/09/2019
VC161
authority
An application to use Secretary to the Recommending

or develop land for a Department referral authority
renewable energy administering the
facility located within Water Act 1989.
an irrigation district
declared under Part 6A
of the Water Act 1989.
66.02-13 State transport projects

17/02/2022
VC200
An application to which clause The municipal council for the Recommending referral authority.
53.21 applies. municipal district within which the
proposed use or development will
be carried out.
66.02-14 Freeway service centre

20/03/2023
VC229
To use or develop land for a Freeway Head, Transport for Victoria Determining referral authority
service centre.
Page 1102 of 1195

66.03 REFERRAL OF PERMIT APPLICATIONS UNDER OTHER STATE STANDARD

15/03/2024
VC256
PROVISIONS
An application of the kind listed in the table below, where the planning scheme includes the
speci昀椀ed clause, must be referred to the person or body speci昀椀ed as the referral authority. The
table below speci昀椀es whether the referral authority is a determining referral authority or a
recommending referral authority.
Clause Kind of application Referral authority Type of referral

authority
Clause An application for the use or development Secretary to Determining referral

36.03-5 of an Emergency services facility. the Department of authority
(PCRZ) Energy, Environment and
Climate Action
Clause An application under the zone within the Melbourne Water Determining referral
37.03-5 waterway management district of Melbourne Corporation authority
(UFZ) Water Corporation.
An application under the zone outside the Relevant floodplain Recommending

waterway management district of Melbourne management authority referral authority
Water Corporation.
Clause An application under the zone within Victorian Planning Determining referral
37.07-5 Metropolitan Melbourne. Authority authority
(UGZ)
An application under the zone outside Secretary to Determining referral
Metropolitan Melbourne. the Department authority
administering the
Planning and
Environment Act 1987
Clause An application under the overlay and any Secretary to Determining referral
44.02-8 site capability report. the Department of authority
(SMO) Energy, Environment and
Climate Action
Clause An application under the overlay within the Melbourne Water Determining referral
(FO) Water Corporation.
An application under the overlay outside the Relevant floodplain Recommending

Water Corporation.
(LSIO) Water Corporation.

Water Corporation.
(SBO) Water Corporation.
Page 1103 of 1195


authority

Water Corporation.
Clause An application to construct a building or Relevant fire authority Recommending

44.06-6 carry out works associated with a dwelling. referral authority
(BMO)
This does not apply to a non habitable
outbuilding that meets the following
requirements:
The outbuilding is ancillary to a dwelling,
10 metres of defendable space is

provided around the outbuilding in
accordance with the vegetation
management requirements at Table 6
of Clause 53.02,
The canopy of each tree within the

defendable space is separated by at
least 2 metres, and
Where the outbuilding is located less

than 10 metres from a dwelling the
outbuilding construction requirements
at Table 7 of Clause 53.02 are met.
An application to subdivide land. Relevant fire authority Recommending

referral authority
An application under the overlay other than Relevant fire authority Determining referral
an application to construct a building or authority
carry out works associated with a dwelling
or an application to subdivide land.
Clause An application of the kind specified in a Referral authority Determining referral

44.07-6 schedule to the overlay. specified in a schedule authority
(SRO) to the overlay
Clause An application under the overlay. Acquiring authority Determining referral

45.01-3 specified in the schedule authority
(PAO) to the overlay
Clause An application under the overlay. Head, Transport for Determining referral
45.07-6 Victoria authority
(CLPO)
Clause An application to display an animated or Head, Transport for Determining referral

52.05-3 electronic sign within 60 metres of a freeway Victoria authority
or arterial road declared under the Road
Management Act 2004.
Clause An application under the Clause in Victorian Liquor Determining referral

52.27 association with a bar, hotel or nightclub Commission authority
that is to operate after 1am.
Page 1104 of 1195


authority
Clause An application to create or alter access to, Head, Transport for Determining referral
52.29-4 or to subdivide land adjacent to, a road Victoria authority
declared as a freeway or an arterial road
under the Road Management Act 2004, land
owned by the Head, Transport for
Victoria for the purpose of a road, or land in
a Public Acquisition Overlay if the
Head, Transport for Victoria is the acquiring
authority and the acquisition is for the
purpose of a road.
Any other application under the Clause. Owner of, or the Determining referral
acquiring authority for, authority
the adjacent land in the
Transport Zone 2 or the
Public Acquisition
Overlay
Clause An application to amend a permit under Environment Protection Recommending

52.32 section 72 or 97I of the Planning and Authority Victoria referral authority
Environment Act 1987 for a wind energy
facility if the application amends or removes
conditions or requirements for operational
wind turbine noise.
Clause An application to which Clause 53.24 Secretary to the Determining referral

53.24 applies. Department of Transport authority
and Planning
Page 1105 of 1195

66.04 REFERRAL OF PERMIT APPLICATIONS UNDER LOCAL PROVISIONS

28/03/2018
VC145 In addition to the referral requirements of Clause 66.01, 66.02 and 66.03, an application of the
kind listed in the schedule to this clause must be referred to the referral authority speci昀椀ed in the
schedule. The table below speci昀椀es whether the referral authority is a determining referral authority
or a recommending referral authority.
If a local provision of the scheme speci昀椀es a person or body as a referral authority for a kind of
application or contains a referral requirement, and that speci昀椀cation or requirement is not included
in the schedule to this clause, it is not a referral requirement under section 55 of the Act.
Page 1106 of 1195

21/07/2022
C222whse
SCHEDULE TO CLAUSE 66.04 REFERRAL OF PERMIT APPLICATIONS UNDER
LOCAL PROVISIONS
1.0 Referral of permit applications under local provisions

30/09/2022
GC197
Clause Kind of application Referral authority Referral authority
type
SCO15 in the Schedule An application to construct a Suburban Rail Loop Determining referral
to Clause 45.12 (SCO) building or construct or carry Authority authority
out works
Page 1107 of 1195

66.05 NOTICE OF PERMIT APPLICATIONS UNDER STATE STANDARD PROVISIONS

22/03/2022
VC219 Notice of an application of the kind listed in the table below must be given to the person or body
speci昀椀ed as a person or body to be noti昀椀ed.
Clause Kind of application Person or body to be notified
Clause An application to use or develop land for accommodation The owners and occupiers of land
35.07 within one kilometre from the nearest title boundary of subject to:
land subject to:
A permit for a wind energy
A permit for a wind energy facility; or facility; or
An application for a permit for a wind energy facility; An application for a permit for a
or wind energy facility; or
An incorporated document approving a wind energy An incorporated document

facility; or approving a wind energy facility;
or
A proposed wind energy facility for which an action
has been taken under section 8(1), 8(2), 8(3) or 8(4) A proposed wind energy facility
of the Environment Effects Act 1978. for which an action has been
taken under section 8(1), 8(2),
8(3) or 8(4) of the Environment
Effects Act 1978.
Clause An application to use or subdivide land, or to construct The airport lessee company of
45.08-6 a building or construct or carry out works. Melbourne Airport in accordance
with the Commonwealth Airports
Act 1996
Clause An application to use or subdivide land or construct a The Secretary of the Department
52.09-7 building for accommodation, education centre or hospital: administering the Mineral
Resources (Sustainable
Within an Extractive Industry Interest Area.
Development) Act 1990
On land which is within 500 metres of land on which
a work plan has been applied for or granted under
the Mineral Resources (Sustainable Development)
Act 1990.
An application to construct a building or construct or carry
out works on land for which a work plan has been applied
for or granted under the Mineral Resources (Sustainable
These requirements do not apply to:
An application to extend a building or works.
An application that is required to be referred to the

Secretary of the Department administering the
Mineral Resources (Sustainable Development) Act
1990 under section 55 of the Act.
Clause An application to use or develop land for accommodation The owners and occupiers of land
52.09-7 in a rural zone if the building or works associated with subject to a work authority that has
the accommodation is located within 500 metres from been applied for or granted under
the nearest title boundary of land on which a work the Mineral Resources (Sustainable
authority has been applied for or granted under the Development) Act 1990.
Mineral Resources (Sustainable Development) Act 1990.
Page 1108 of 1195

Clause An application to construct, use or illuminate a private The owners and occupiers of
52.21 tennis court under any provision of this scheme. adjoining and opposite properties
Clause An application in association with a bar, hotel or nightclub Chief Commissioner of Victoria
52.27 that is to operate after 1am. Police
Clause An application to use or develop land to establish a new Environment Protection Authority
53.09 broiler farm, or to increase the farm capacity of an
existing broiler farm, that meets the requirements of a
Special Class Broiler Farm or Farm Cluster as specified
in the Victorian Code for Broiler Farms 2009.
Clause An application which except for the provisions of clause The owners and occupiers of
67.02-2 67.01, would be made to the Minister in accordance with adjoining land
section 96 of the Act. This does not apply to an
The National Trust of Australia
application:
(Victoria), if the application relates
To which the exemption from notice and review in to land on which there is a building
clause 52.31-2 applies. classified by the Trust
To construct or put up for display a sign.
To remove, destroy or lop native vegetation under

clause 52.17.
If a permit is only required under the Bushfire

Management Overlay, Floodway Overlay, Land
Subject to Inundation Overlay, Salinity Management
Overlay or Special Building Overlay.
Clause An application to remove, destroy or lop native vegetation Secretary to the Department of
67.02-2 under clause 52.17 which, except for the provisions of Environment, Land, Water and
clause 67.01, would be made to the Minister in Planning (as constituted under Part
accordance with section 96 of the Act. This does not 2 of the Conservation, Forests and
apply if the application must be referred to the Secretary Lands Act 1987)
under section 55 of the Act.
Page 1109 of 1195

66.06 NOTICE OF PERMIT APPLICATIONS UNDER LOCAL PROVISIONS

28/03/2018
VC145 In addition to the notice requirements of Clause 66.05, notice of an application of the kind speci昀椀ed
in the schedule to this clause must be given to the person or body speci昀椀ed in the schedule. If a
local provision of the scheme speci昀椀es a notice requirement and that requirement is not included
in the schedule to this clause, it is not a notice requirement under Section 52(1)(c) of the Act.
Page 1110 of 1195

21/07/2022
C222whse
SCHEDULE TO CLAUSE 66.06 NOTICE OF PERMIT APPLICATIONS UNDER LOCAL
PROVISIONS
1.0 Notice of permit applications under local provisions

21/07/2022
C222whse
Page 1111 of 1195

67 LAND OWNED OR PERMIT REQUIRED BY RESPONSIBLE AUTHORITIES

14/09/2021
VC211
Page 1112 of 1195

67.01 EXEMPTIONS FROM SECTION 96(1) AND 96(2) OF THE ACT

24/01/2020
VC160 In accordance with section 6(2)(ka) of the Act, the following classes of use and development are
exempted from section 96(1) and 96(2) of the Act:
Class 1
Use of land for:
Car park, camping and caravan park, community facility (including child care centre, maternal
and infant welfare centre, neighbourhood house, place of assembly and toilet block), dwelling,
extractive industry, hospital, industry, leisure and recreation, of昀椀ce, residential village, retail
premises or service station.
Class 2
Development of land for:
A Class 1 use, demolition of a building or works, lighting and 昀氀oodlighting of a recreation facility
or building, sign or advertisement or subdivision.
Class 3
Any other use or development.
Page 1113 of 1195

67.02 NOTICE REQUIREMENTS AND EXEMPTION

14/09/2021
VC211
67.02-1 Application
14/09/2021
VC211 This clause applies to an application which, except for the provisions of clause 67.01, would be
made to the Minister in accordance with section 96 of the Act.
67.02-2 Notice requirements

14/09/2021
VC211 In accordance with section 52(1)(c) of the Act, notice of an application must be given to:
The owners and occupiers of adjoining land.
The National Trust of Australia (Victoria), if the application relates to land on which there is
a building classi昀椀ed by the Trust.
This does not apply to an application:
To which the exemption from notice and review in clause 52.31-2 applies.
To construct or put up for display a sign.
To remove, destroy or lop native vegetation under clause 52.17.
If a permit is only required under the Bush昀椀re Management Overlay, Floodway Overlay, Land
Subject to Inundation Overlay, Salinity Management Overlay or Special Building Overlay.
In accordance with section 52(1)(c) of the Act, notice of an application to remove, destroy or lop
native vegetation under clause 52.17 must be given to the Secretary to the Department of
Environment, Land, Water and Planning (as constituted under Part 2 of the Conservation, Forests
and Lands Act 1987).
This does not apply if the application must be referred to the Secretary under section 55 of the
Act.
67.02-3 Exemption from notice

14/09/2021
VC211 An application to construct or put up for display a sign on land managed, occupied or owned by
the responsible authority is exempt from the notice requirement of section 52(1)(a) of the Act.
Page 1114 of 1195

70 OPERATIONAL PROVISIONS
31/07/2018
VC148 This section sets out provisions about the operation, administration and enforcement of this planning
scheme, the meaning of terms used in this planning scheme, and other matters.
Page 1115 of 1195

71 OPERATION OF THIS PLANNING SCHEME

31/07/2018
VC148
Page 1116 of 1195

71.01 OPERATION OF THE MUNICIPAL PLANNING STRATEGY

31/07/2018
VC148
71.01-1 Municipal Planning Strategy

24/01/2020
VC160 The Municipal Planning Strategy at Clause 02 provides an overview of important local planning
issues in an introductory context, sets out the vision for future use and development in the
municipality and establishes strategic directions about how the municipality is expected to change
through the implementation of planning policy and the planning scheme.
A planning authority must take into account the Municipal Planning Strategy when it prepares an
amendment to this planning scheme.
A responsible authority must take into account and give effect to the Municipal Planning Strategy
when it makes a decision under this planning scheme.
71.01-2 Transitional
03/02/2022
VC199 If this planning scheme includes a Municipal Strategic Statement at Clause 21, the provisions of
Clauses 23.01 and 23.02 apply.
Page 1117 of 1195

71.02 OPERATION OF THE PLANNING POLICY FRAMEWORK

31/07/2018
VC148
71.02-1 Purpose of the Planning Policy Framework

31/07/2018
VC148 The Planning Policy Framework provides a context for spatial planning and decision making by
planning and responsible authorities. The Planning Policy Framework is dynamic and will be built
upon as planning policy is developed and re昀椀ned, and changed as the needs of the community
change.
The Planning Policy Framework seeks to ensure that the objectives of planning in Victoria (as set
out in section 4 of the Act) are fostered through appropriate land use and development planning
policies and practices that integrate relevant environmental, social and economic factors in the
interests of net community bene昀椀t and sustainable development.
71.02-2 Operation
24/01/2020
VC160 The Planning Policy Framework sets out the planning policies that form part of this planning
scheme. It comprises Clauses 10 to 19.
A planning policy applies to all land subject to this planning scheme unless the policy speci昀椀es
otherwise.
A planning policy provides guidance for decision making and can help the community to understand
how the responsible authority will consider a proposal.
The consistent application of planning policy over time should achieve a desired outcome.
A planning authority must take into account the Planning Policy Framework when it prepares an
A responsible authority must take into account and give effect to the Planning Policy Framework
when it makes a decision under this planning scheme. This does not apply to policy guidelines
and policy documents.
Policy guidelines
A planning policy may include policy guidelines. Policy guidelines indicate how objectives can
be met and how strategies can be implemented.
A responsible authority must take a relevant policy guideline into account when it makes a decision
under this planning scheme, but is not required to give effect to it. If the responsible authority is
satis昀椀ed that an alternative approach meets the objective, the alternative may be considered.
Policy documents
A planning policy may include reference to a policy document. A policy document may be an
incorporated, background and other document.
A background document listed in the table or the schedule to Clause 72.08 that applies to Clauses
10 to 19 is a policy document for applicable planning policies.
71.02-3 Integrated decision making

03/02/2022
VC199 Victorians have various needs and expectations such as land for settlement, protection of the
environment, economic wellbeing, various social needs, proper management of resources and
infrastructure. Planning aims to meet these needs and expectations by addressing aspects of
economic, environmental and social wellbeing affected by land use and development.
The Planning Policy Framework operates together with the remainder of the scheme to deliver
integrated decision making. Planning and responsible authorities should endeavour to integrate
the range of planning policies relevant to the issues to be determined and balance con昀氀icting
Page 1118 of 1195

objectives in favour of net community bene昀椀t and sustainable development for the bene昀椀t of
present and future generations. However, in bush昀椀re affected areas, planning and responsible
authorities must prioritise the protection of human life over all other policy considerations.
Planning authorities should identify the potential for regional impacts in their decision making
and coordinate strategic planning with their neighbours and other public bodies to achieve
sustainable development and effective and ef昀椀cient use of resources.
71.02-4 Transitional
31/07/2018
VC148 If this planning scheme includes a Municipal Strategic Statement at Clause 21 and local planning
policies at Clause 22, the provisions of Clauses 23.01, 23.02 and 23.03 apply. To the extent of any
inconsistency, Clauses 23.02 and 23.03 prevail over this clause.
Page 1119 of 1195

71.03 OPERATION OF ZONES

31/07/2018
VC148 In each zone and schedule to a zone which contains a table of uses, the controls over the use of
land are divided into three sections.
71.03-1 Section 1 uses

31/07/2018
VC148 A use in Section 1 does not require a permit. Any condition opposite the use must be met. If the
condition is not met, the use is in Section 2 and requires a permit unless the use is speci昀椀cally
included in Section 3 as a use that does not meet the Section 1 condition.

31/07/2018
VC148 A use in Section 2 requires a permit. Any condition opposite the use must be met. If the condition
is not met, the use is prohibited.
Making decisions about Section 2 uses

Because a use is in Section 2 does not imply that a permit should or will be granted. The responsible
authority must decide whether the proposal will produce acceptable outcomes in terms of the
Municipal Planning Strategy, the Planning Policy Framework, the purpose and decision guidelines
of the zone and any of the other decision guidelines in Clause 65.

31/07/2018
VC148 A use in Section 3 is prohibited.
Page 1120 of 1195

71.04 OPERATION OF OVERLAYS

31/07/2018
VC148 If an overlay is shown on the planning scheme map, the provisions of the overlay apply in addition
to the provisions of the zone and any other provision of this scheme.
Because a permit can be granted does not imply that a permit should or will be granted. The
responsible authority must decide whether the proposal will produce acceptable outcomes in terms
of the Municipal Planning Strategy, the Planning Policy Framework, the purpose and decision
guidelines of the overlay and any of the other decision guidelines in Clause 65.
Page 1121 of 1195

71.05 OPERATION OF PARTICULAR PROVISIONS

31/07/2018
VC148 The requirements of particular provisions apply to the speci昀椀ed categories of use and development
and other matters in addition to any provisions which apply due to any other provision of this
planning scheme.
Page 1122 of 1195

71.06 OPERATION OF VICSMART APPLICATIONS AND PROCESS

31/07/2018
VC148
71.06-1 VicSmart applications

15/03/2024
VC256 Any provision of this planning scheme may specify:
Classes of application that are VicSmart applications to which Clause 71.06 applies.
Information requirements for each class of VicSmart application.
Decision guidelines for each class of VicSmart application.
An application is a VicSmart application if all of the following requirements are met:
The application is in a class or classes speci昀椀ed in a provision of this planning scheme.
A permit is required only under the provisions of this planning scheme that are speci昀椀ed as a
VicSmart application, and not under any other provision of this planning scheme.
Nothing authorised by the grant of a permit would result in a breach of a registered restrictive
covenant.
If the application requires referral to a referral authority under Clause 66, the referral
requirements in Clause 71.06-2 are met.
71.06-2 VicSmart process

31/07/2018
VC148 Despite any other provision of this planning scheme:
A VicSmart application is exempt from the requirements of the Act and planning scheme
speci昀椀ed in this clause.
The responsible authority must assess a VicSmart application in accordance with the
requirements of this clause.
If there is any inconsistency between the requirements of this clause and another provision of this
planning scheme, this clause prevails.
Referral requirements
If an application requires referral to a referral authority under Clause 66:
The application must have been considered by the referral authority within the past 3 months
of the application being made to the responsible authority.
Information requirements
A VicSmart application must be accompanied by the information requirements speci昀椀ed for the
relevant class of application. The information requirements of the relevant zone, overlay or particular
provision, other than those speci昀椀ed for VicSmart applications, do not apply unless the information
requirements for the relevant class of application specify otherwise.
If in the opinion of the responsible authority an information requirement is not relevant to the
evaluation of a VicSmart application, the responsible authority may waive or reduce the information
requirement.

A VicSmart application is exempt from:
The notice requirements of section 52(1)(a), (b), (c) and (d) of the Act.
The decision requirements of section 64(1), (2) and (3) of the Act.
The review rights of section 82(1) of the Act.
Page 1123 of 1195

Matters to be considered
In deciding a VicSmart application, the responsible authority:
Must only consider the decision guidelines speci昀椀ed for the relevant class of application.
Is exempt from considering the following matters:
– The requirements of section 60(1)(b), (c), (e) and (f) and (1A) (b) to (h) and (j) of the Act.
– The Municipal Planning Strategy and Planning Policy Framework unless the decision
guidelines for the relevant class of application specify otherwise.
– The decision guidelines of the relevant zone, overlay or particular provision, other than
those speci昀椀ed for VicSmart applications, unless the decision guidelines for the relevant
class of application specify otherwise.
– The decision guidelines in Clause 65.
In deciding an application for review in relation to a VicSmart application, the Tribunal is

exempt from the matters speci昀椀ed in section 84B(2)(b) to (g) and (i) to (ja) of the Act.
Decision guidelines
Before deciding a VicSmart application, the responsible authority must consider the decision
guidelines speci昀椀ed for the relevant class of application unless in the opinion of the responsible
authority a decision guideline is not relevant to the evaluation of the application.
Page 1124 of 1195

72 ADMINISTRATION AND ENFORCEMENT OF THIS PLANNING SCHEME

31/07/2018
VC148
Page 1125 of 1195

72.01 RESPONSIBLE AUTHORITY FOR THIS PLANNING SCHEME

17/09/2019
VC161 The responsible authority for the administration and enforcement of this planning scheme or a
provision of this planning scheme is speci昀椀ed in this clause and the schedule to this clause.
The person nominated under section 198(1)(a) of the Act or the responsible authority under section
198(1)(b) of the Act, to whom a person may apply for a planning certi昀椀cate, is speci昀椀ed in the
schedule to this clause.
72.01-1 Minister is responsible authority

20/09/2023
VC242 The Minister for Planning is the responsible authority for matters under Divisions 1, 1A, 2 and 3
of Part 4 of the Act, and endorsement of, approval of or being satis昀椀ed with matters required by
a permit or the scheme to be endorsed, approved or done to the satisfaction of the responsible
authority, in relation to the use and development of land for a:
Energy generation facility with an installed capacity of 1 megawatt or greater.
Utility installation used to:
– Transmit or distribute electricity.
– Store electricity if the installed capacity is 1 megawatt or greater.
Industry to manufacture hydrogen gas with a minimum production capacity of 410 kilograms
of hydrogen per day, and any land use or development in conjunction with this use.
Primary school or secondary school, or education centre that is ancillary to, carried out in
conjunction with, and on the same land or contiguous land in the same ownership as, a primary
school or secondary school, if any of the following apply:
– There is no existing primary school or secondary school on the land.
– The estimated cost of development is $3 million or greater.
Primary school or secondary school for which an application was made to the Minister for
Planning prior to the approval date of Amendment VC180.
A use or development, other than the subdivision of land, carried out by or on behalf of the
Head, Transport for Victoria or the Secretary to the Department of Transport and Planning.
Use and development to which clause 52.20 applies.
Development of 10 or more dwellings to which clause 53.20 applies.
Construction or extension of an apartment development to which clause 53.20 applies.
Construction or extension of a dwelling in or forming part of an apartment development to
which clause 53.20 applies.
Use or development to which clause 53.22 applies.
Use or development to which clause 53.23 applies.
with the exception of the following:
in relation to applications lodged, or permits issued, for the use and development of land for an
energy generation facility (other than a renewable energy facility) or a utility installation (other
than a utility installation used to store, transmit or distribute electricity generated by a renewable
energy facility with an installed capacity of 1 megawatt or greater), under Division 1 of Part 4
of the Act prior to the approval date of Amendment VC192 , the Council is the responsible
authority for matters under Divisions 1, 1A, 2 and 3 of Part 4 of the Act, and for matters required
by the permit or the scheme to be endorsed, approved or done to the satisfaction of the
Page 1126 of 1195

in relation to permits for the use and development of land for a wind energy facility issued prior
to 2 April 2015 under Division 1 of Part 4 of the Act, the Council is the responsible authority
for matters under Divisions 1, 1A, 2 and 3 of Part 4 of the Act, and for matters required by the
permit or the scheme to be endorsed, approved or done to the satisfaction of the responsible
authority.
in relation to permits for the use and development of land for a wind energy facility issued prior
to 2 April 2015 under Division 6 of Part 4 of the Act, the Council is the responsible authority
for matters required by the permit or the scheme to be endorsed, approved or done to the
satisfaction of the responsible authority, subject to the operation of section 97H of the Act.
in relation to applications lodged, or permits issued, for the use and development of land for a
renewable energy facility (other than a wind energy facility) under Division 1 of Part 4 of the
Act prior to the approval date of Amendment VC161, the Council is the responsible authority
for matters under Divisions 1, 1A, 2 and 3 of Part 4 of the Act, and for matters required by the
permit or the scheme to be endorsed, approved or done to the satisfaction of the responsible
authority.
in relation to applications lodged, or permits issued, for the use and development of land for a
utility installation used to store, transmit or distribute electricity generated by a renewable
energy facility, under Division 1 of Part 4 of the Act prior to the approval date of Amendment
VC161, the Council is the responsible authority for matters under Divisions 1, 1A, 2 and 3 of
Part 4 of the Act, and for matters required by the permit or the scheme to be endorsed, approved
or done to the satisfaction of the responsible authority.
in relation to an application made, or permit issued, for the use or development of land by the
Head, Transport for Victoria or the Secretary to the Department of Transport and Planning,
under Division 1 of Part 4 of the Act prior to the approval date of Amendment VC200, the
Council is the responsible authority for matters under Divisions 1, 1A, 2 and 3 of Part 4 of the
Act, and for matters required by the permit or the scheme to be endorsed, approved or done to
the satisfaction of the responsible authority.
in relation to an application made, or permit issued, under Division 1 of Part 4 of the Act for
the use and development of land for a primary school, secondary school, or education centre
that is ancillary to, carried out in conjunction with, and on the same land or contiguous land in
the same ownership as, a primary school or secondary school:
– prior to the approval date of Amendment VC180; and
– where clause 53.19 immediately in force before the approval date of Amendment VC180
did not apply,
the Council is the responsible authority for matters under Divisions 1, 1A, 2 and 3 of Part 4 of
the Act, and for matters required by the permit or the scheme to be endorsed, approved or done
in relation to the use and development of land for a primary school, secondary school, or
education centre that is ancillary to, carried out in conjunction with, and on the same land or
contiguous land in the same ownership as, a primary school or secondary school, the Council
is the responsible authority for matters required:
– by clause 43.04 Development Plan Overlay to be done to the satisfaction of the responsible
authority;
– under Part 6 of the Act.
Page 1127 of 1195

31/07/2018
VC148
SCHEDULE TO CLAUSE 72.01 RESPONSIBLE AUTHORITY FOR THIS PLANNING
SCHEME
1.0 Responsible authority for administering and enforcing this planning scheme:
31/07/2018
VC148 The Whitehorse City Council is the responsible authority for administering and enforcing the
planning scheme, except for matters speci昀椀ed in Clause 72.01-1 and matters listed in this schedule.
2.0 Responsible authority for administering and enforcing a provision of this planning
10/11/2023
GC223
scheme:
The Minister for Planning is the responsible authority for administering and enforcing:
Clause 45.12 of the planning scheme in respect of the North East Link Project Incorporated
Document, December 2019.
Any other provision of the planning scheme as it applies to the use or development of land for
the North East Link Project (amended September 2023).
The planning scheme for the use and development of land associated with Suburban Rail Loop
East included within the Speci昀椀c Controls Overlay, Schedule 14.
Any other provision of the planning scheme as it applies to the use or development of land for
Suburban Rail Loop East.
3.0 Person or responsible authority for issuing planning certificates:

31/07/2018
VC148 Minister for Planning.
4.0 Responsible authority for VicSmart and other specified applications:

22/09/2023
VC243 The Chief Executive Of昀椀cer of Whitehorse City Council is the responsible authority for considering
and determining VicSmart applications to which Clause 71.06 applies, in accordance with Divisions
1, 1A, 2 and 3 of Part 4 of the Act.
The Chief Executive Of昀椀cer of Whitehorse City Council is the responsible authority for considering
and determining applications to which Clause 53.24 applies, in accordance with Divisions 1, 1A,
2 and 3 of Part 4 of the Act.
The Chief Executive Of昀椀cer of Whitehorse City Council is the responsible authority for
considering and determining any application that the notice and review exemption in
Clause 52.10-2 applies to, in accordance with Divisions 1, 1A, 2 and 3 of Part 4 of the Act.
Page 1128 of 1195

72.02 WHAT AREA IS COVERED BY THIS PLANNING SCHEME?

31/07/2018
VC148 This planning scheme applies to the municipal district or other area speci昀椀ed in the schedule to
this clause.
Page 1129 of 1195

31/07/2018
VC148
SCHEDULE TO CLAUSE 72.02 WHAT AREA IS COVERED BY THIS PLANNING
SCHEME?
1.0 Area covered by this planning scheme:

31/07/2018
VC148 Municipal district of the City of Whitehorse.
Page 1130 of 1195

72.03 WHAT DOES THIS PLANNING SCHEME CONSIST OF?

31/07/2018
VC148 This planning scheme consists of this document, any maps speci昀椀ed in the schedule to this clause,
and any document incorporated in the scheme in accordance with the Act. A document is not
incorporated in this scheme by reason only that it is referred to in the scheme.
This document consists of State standard provisions and local provisions. Local provisions are:
If included in this planning scheme:
– Clause 02 (Municipal Planning Strategy).
– Clause 21 (Municipal Strategic Statement).
– Clause 22 (Local Planning Policies).
All clauses in the Planning Policy Framework that include the letter ‘L’ in the clause number.
All schedules to zones, overlays, particular provisions, general provisions and operational
provisions.
All other provisions are State standard provisions.
Maps speci昀椀ed in the schedule to this clause show how land is zoned and whether land is affected
by an overlay. This information is indicated by a letter and/or number code that is explained on
each map.
Note: A clause numbered ‘11.01-1L’ would be an example of a local provision in the Planning Policy Framework.
‘C1Z’ is an example of a code on a map that may be speci昀椀ed in the schedule to this clause. It stands for
‘Commercial 1 Zone’.
Page 1131 of 1195

31/07/2018
VC148
SCHEDULE TO CLAUSE 72.03 WHAT DOES THIS PLANNING SCHEME CONSIST
OF?
1.0 Maps comprising part of this planning scheme:

21/12/2023
C241whse 1, 1DCPO, 1DDO, 1EAO, 1HO, 1NCO, 1PAO, 1PO, 1SBO, 1SCO, 1SLO, 1VPO
2, 2DCPO, 2DDO, 2EAO, 2ESO, 2HO, 2LSIO, 2NCO, 2PAO, 2PO, 2SBO, 2SCO, 2SLO,
2VPO
3, 3BMO, 3DCPO, 3DDO, 3DPO, 3EAO, 3HO, 3LSIO, 3SBO, 3SCO, 3SLO, 3VPO
4, 4DCPO, 4DDO, 4DPO, 4EAO, 4HO, 4LSIO, 4SBO, 4SCO, 4SLO, 4VPO
5, 5DCPO, 5DDO, 5DPO, 5EAO, 5HO, 5LSIO, 5PAO, 5SBO, 5SCO, 5SLO, 5VPO
6, 6DCPO, 6DDO, 6DPO, 6EAO, 6HO, 6LSIO, 6PAO, 6SBO, 6SLO, 6VPO
Page 1132 of 1195

72.04 INCORPORATED DOCUMENTS

16/02/2024
VC244 The documents listed in the table and the schedule to this clause are incorporated documents under
section 6(2)(j) of the Planning and Environment Act 1987.
An incorporated document forms part of this planning scheme.
If a document is not listed in the table or the schedule, it is not an incorporated document.
A document is not incorporated in this planning scheme by reason only that it is referred to in the
scheme.
Note: Clause 72.08 contains a list of background documents relevant to this planning scheme. A background
document does not form part of the planning scheme.
Table to Clause 72.04
Name of document Introduced by:
A ‘Good Neighbour’ Code of Practice for a Circus or Carnival (Department of NPS1

Infrastructure, October 1997)
Apiary Code of Practice (Department of Planning and Community Development, May VC81
2011)
Australian Standard AS/NZS 2890.1:2004, Parking Facilities - Off-street car parking VC26
(Standards Australia, 2004)
Australian Standard AS2890.3-1993, Parking Facilities Part 3: Bicycle parking facilities VC28
(Standards Australia, 1993)
Building in bushfire-prone areas (Publication SAA HB36-1993, CSIRO & Standards NPS1
Australia, May 1993)
Code of Practice for Bushfire Management on Public Land (Department of VC101

Sustainability and Environment, June 2012)
Code of Practice for Timber Production 2014 (as amended 2022) (Department of VC229
Design Vehicles and Turning Path Templates (Publication AP-34/95, Austroads, VC12
1995)
Growth Area Framework Plans (Department of Sustainability and Environment, VC41

September 2006)
Guide to Residential Streets and Paths (Publication C&CCA T51-2004, Cement and VC26
Concrete Association of Australia, 2004)
Guide to Road Design, Part 6A: Pedestrian and Cycle Paths (Austroads, 2021) VC77
Guidelines for the removal, destruction or lopping of native vegetation (Department VC138
of Environment, Land, Water and Planning 2017)
Local Government Planning Guide for Dry Land Salinity (Department Conservation NPS1
and Natural Resources, October 1995)
Pavement Design - A Guide to the Structural Design of Road Pavements (Austroads, VC12
1992)
Planning requirements for racing dog keeping and training (Department of VC139
Environment, Land, Water and Planning, August 2017)
Principal Public Transport Network 2017 (Victorian Government, 2017) VC132
Principal Public Transport Network Area Maps (Victorian Government, August 2018) VC151
Private Tennis Court Development Code of Practice (Revision 1, Department of VC5

Infrastructure, March 1999)
Victorian Code for Broiler Farms 2009 - plus 2018 amendments (Department of VC60
Primary Industries, 1999)
Page 1133 of 1195

Name of document Introduced by:
Victorian Code for Cattle Feedlots (Department of Agriculture, Energy and NPS1
Minerals, August 1995)
Victorian Low Density Mobile Outdoor Poultry Farm Planning Permit Guidelines VC150
(Department of Economic Development, Jobs, Transport and Resources, June 2018)
Victorian Low Density Mobile Outdoor Pig Farm Planning Permit Guidelines VC150
(Department of Economic Development, Jobs, Transport and Resources, June 2018)
Page 1134 of 1195

15/01/2024
VC249
SCHEDULE TO CLAUSE 72.04 INCORPORATED DOCUMENTS
1.0 Incorporated documents

27/03/2024
C230whse
Name of document Introduced
by:
517 and 519-521 Station Street, Box Hill, December 2016 C194
Deakin University Burwood Link Project, Incorporated Document, November 2015 C210
Former Australian Road Research Board, 490 - 500 Burwood Highway, Vermont South - C230whse
Statement of Significance (Whitehorse City Council, June 2023)
Former Brickworks Site Building Height Plan, 13 July 2005 C63
Former Brickworks Site Framework Plan, 13 July 2005 C63
Incorporated Document No. 10 - City of Whitehorse-Statements of Tree Significance-2005 C189

(updated September 2016)
Incorporated Document No. 11 - City of Whitehorse-Statements of Tree Significance-2006 C189

(updated September 2016)
Incorporated Document No. 2 - 690 Elgar Road, Box Hill North, August 1999 NPS1
Incorporated Document No. 3 - 172-176 Middleborough Road, South Blackburn, August NPS1
1999
Incorporated Document No. 4 - 237-243 Whitehorse Road, Blackburn, August 1999 NPS1
Incorporated Document No. 7 – 5 Delany Avenue, Burwood, August 1999 NPS1
Incorporated Document No. 9, 300-340 Elgar Road, Box Hill South, August 2002 C42
Incorporated Document No.13 City of Whitehorse Significant Tree Study 22 April 2016 C181
Incorporated Document No.6 – 286 Whitehorse Road, Nunawading, August 1999 NPS1
Incorporated Document - Statement of Tree Significance, 490-500 Burwood Highway, C230whse

Vermont South (Whitehorse City Council, June 2023)
Level Crossing Removal Project – Blackburn Road, Blackburn and Heatherdale Road, C183
Mitcham Incorporated Document, December 2015
‘Minamere’ - 42-48 Glenburnie Road, Mitcham – Statement of Significance (Whitehorse C216whse

City Council, June 2019)
North East Link Project Incorporated Document, December 2019 (amended September GC223
2023)
Suburban Rail Loop East Incorporated Document, August 2022 GC197
Suburban Rail Loop East Infrastructure Protection Incorporated Document, August 2022 GC197
The City of Whitehorse Environmental Weed List 2007 C73
Vermont South Tram Extension, Blackburn Road to Vermont South, City of Whitehorse, C49
October 2003
Whitehorse Development Contributions Plan (Hill PDA, December 2023) C241whse
Whitehorse Road/Maroondah Highway Tram Line Extension to Station Street, Box Hill, C39
December 2001
Page 1135 of 1195

72.05 WHEN DID THIS PLANNING SCHEME BEGIN?

31/07/2018
VC148 This planning scheme began on the date speci昀椀ed in the schedule to this clause.
Page 1136 of 1195

31/07/2018
VC148
SCHEDULE TO CLAUSE 72.05 WHEN DID THIS PLANNING SCHEME BEGIN?
1.0 Date this planning scheme began:

31/07/2018
VC148 5 August 1999
Page 1137 of 1195

72.06 EFFECT OF THIS PLANNING SCHEME

31/07/2018
VC148 Land may be used or developed only in accordance with this planning scheme.
Land must not be developed unless the land as developed can be used in accordance with this
planning scheme.
If this planning scheme allows a particular use of land, it may be developed for that use provided
all requirements of the scheme are met.
Page 1138 of 1195

72.07 DETERMINATION OF BOUNDARIES

31/07/2018
VC148 If a boundary in this planning scheme is not precisely shown on a planning scheme map or is not
otherwise de昀椀ned, the certi昀椀cate issuing authority must determine the boundary if asked to do so
and must notify the applicant within 60 days.
Page 1139 of 1195

72.08 BACKGROUND DOCUMENTS

03/02/2022
VC199 The documents listed in the table and the schedule to this clause are background documents.
A background document may:
Have informed the preparation of, or an amendment to, this planning scheme.
Provide information to explain the context within which a provision has been framed.
Assist the understanding of this planning scheme.
A background document does not form part of this planning scheme.
Name of background document Amendment number - clause

reference
Central Highlands Regional Growth Plan (Victorian Government, VC106

2014). Clauses 10 to 19
G21 Regional Growth Plan (Geelong Region Alliance, 2013). VC106

Clauses 10 to 19
Gippsland Regional Growth Plan (Victorian Government, 2014). VC106

Clauses 10 to 19
Great South Coast Regional Growth Plan (Victorian Government, VC106

2014). Clauses 10 to 19
Hume Regional Growth Plan (Victorian Government, 2014). VC106

Clauses 10 to 19
Loddon Mallee North Regional Growth Plan (Victorian Government, VC106

2014). Clauses 10 to 19
Loddon Mallee South Regional Growth Plan (Victorian Government, VC106

2014). Clauses 10 to 19
Wimmera Southern Mallee Regional Growth Plan (Victorian VC106

Government, 2014). Clauses 10 to 19
Plan Melbourne 2017-2050: Metropolitan Planning Strategy VC134

(Department of Environment, Land, Water and Planning, 2017). Clauses 10 to 19
Plan Melbourne 2017-2050: Addendum 2019 (Department of VC168

Environment, Land, Water and Planning, 2019).
Clauses 10 to 19
Page 1140 of 1195

31/07/2018
VC148
SCHEDULE TO CLAUSE 72.08 BACKGROUND DOCUMENTS

10/06/2021
C213whse
Name of background document Amendment number - clause
reference
City of Whitehorse Student Accommodation Strategy - Background C213whse

Paper, (August 2018)
City of Whitehorse Student Accommodation Strategy, (August 2018) C213whse
Page 1141 of 1195

73 MEANING OF TERMS
11/04/2019
VC156 A term used in this planning scheme has its ordinary meaning unless that term is de昀椀ned:
In this planning scheme; or
In the Planning and Environment Act 1987 or the Interpretation of Legislation Act 1984, in
which case the term has the meaning given to it in those Acts unless it is de昀椀ned differently in
this scheme.
Page 1142 of 1195

73.01 GENERAL TERMS

14/12/2023
VC253 The following table lists general terms which may be used in this planning scheme. A term listed
in the 昀椀rst column, under the heading "General term", has the meaning set out beside that term in
the second column, under the heading "De昀椀nition".
General term Definition
Act The Planning and Environment Act 1987.
Agricultural production Any form of primary production of renewable commodities. It does not include
extractive industry, Mineral extraction, or timber production from native forest.
Anemometer A wind measuring device.
Apartment A dwelling located above the ceiling level or below the floor level of another
dwelling and is part of a building containing two or more dwellings.
Approval date The date this scheme began, or the date of notice in the Victoria Government
Gazette of approval of an amendment to this scheme.
Basement A storey below ground level, or that projects no more than 1.2 metres above
ground level.
Building height The vertical distance from natural ground level to the roof or parapet at any point.
Building Regulations The Building Regulations 1994.
Carriageway The area of a street reserve which is provided for the movement or parking of
vehicles. It is determined by the invert of a kerb and channel and the point
adjacent to the pavement edge for kerb (only) and edge strips.
Central Highlands The area covered by the Ararat, Ballarat, Golden Plains, Hepburn, Moorabool
region and Pyrenees planning schemes.
Clear to the sky An unroofed area or area roofed with material that transmits 90 per cent of light.
Defendable space An area of land around a building where vegetation is modified and managed
to reduce the effects of flame contact and radiant heat associated with bushfire.
Deflection angle The angle between two tangent sections of a carriageway.
Design speed The speed fixed for the design and correlation of the geometric features of a
carriageway that influence vehicle operation. It is the speed which is not exceeded
by 85 per cent of vehicles.
Domestic services A domestic appliance or apparatus that is normal to and services a dwelling or
normal to a dwelling or small second dwelling. It includes disabled access ramps and handrails, an air
small second dwelling conditioner, cooling or heating system, a hot water service, security systems
and cameras, shade sails, a barbeque, downpipes and flues, a skylight, security
screens, and the like.
Earthworks Land forming, laser grading, levee banks, raised access roads and tracks,
building pads, storage embankments, channel banks and drain banks and
associated structures.
Frontage The road alignment at the front of a lot. If a lot abuts two or more roads, the one
to which the building, or proposed building, faces.
Gaming The playing of a gaming machine.
Page 1143 of 1195

Gaming machine Has the same meaning as it has in the Gambling Regulation Act 2003.
Garden area Any area on a lot with a minimum dimension of 1 metre that does not include:
a) a dwelling, small second dwelling or residential building, except for:
an eave, fascia or gutter that does not exceed a total width of 600mm;
a pergola;
unroofed terraces, patios, decks, steps or landings less than 800mm in

height;
a basement that does not project above ground level;
any outbuilding that does not exceed a gross floor area of 10 square metres;
and
domestic services normal to a dwelling, small second dwelling or residential

building;
b) a driveway; or
c) an area set aside for car parking.
Geelong G21 region The area covered by the Colac Otway, Golden Plains, Greater Geelong,
Queenscliffe and Surf Coast planning schemes.
Gippsland region The area covered by the Bass Coast, Baw Baw, East Gippsland, Latrobe, South
Gippsland and Wellington planning schemes.
Great South Coast The area covered by the Corangamite, Glenelg, Moyne, Southern Grampians
region and Warrnambool planning schemes
Gross floor area The total floor area of a building, measured from the outside of external walls
or the centre of party walls, and includes all roofed areas.
Ground level The natural level of a site at any point.
Habitable room Any room of a dwelling, small second dwelling or residential building other than
a bathroom, laundry, toilet, pantry, walk-in wardrobe, corridor, stair, lobby,
photographic darkroom, clothes drying room and other space of a specialised
nature occupied neither frequently nor for extended periods.
High quality productive Land which is used for animal husbandry or crop raising, and is capable of
agricultural land continuing to sustain agricultural production, and:
a) is of prime, or very good, agricultural quality, having regard to soil type, growing
season, and availability of infrastructure, and is of sufficient extent to support
agricultural activities on an economically viable scale; or
b) has been identified through a regional, sub-regional, or local study as being

of particularly good quality and strategic significance for agriculture in the regional
or local context.
Hume region The area covered by the Alpine, Benalla, Greater Shepparton, Indigo, Mansfield,
Mitchell, Moira, Murrindindi, Strathbogie, Towong, Wangaratta and Wodonga
planning schemes.
Land capability The assessment of the physical ability of the land to sustain specific uses having
assessment regard to its management, and without long term on-site detriment to the
environment.
Page 1144 of 1195

Leasable floor area That part of the net floor area able to be leased. It does not include public or
common tenancy areas, such as malls, verandahs, or public conveniences.
Loddon Mallee North The area covered by the Buloke, Campaspe, Gannawarra, Mildura and Swan
region Hill planning schemes.
Loddon Mallee South The area covered by the Central Goldfields, Greater Bendigo, Loddon, Macedon
region Ranges and Mount Alexander planning schemes.
Lot A part (consisting of one or more pieces) of any land (except a road, a reserve,
or common property) shown on a plan, which can be disposed of separately and
includes a unit or accessory unit on a registered plan of strata subdivision and
a lot or accessory lot on a registered cluster plan.
Mean building height The vertical distance between the mean ground level and the finished roof height
at its highest point.
Mean ground level One half the sum of the highest and lowest levels along ground level of the outer
surface of all external building walls.
Metropolitan The area covered by the Banyule, Bayside, Boroondara, Brimbank, Cardinia,
Melbourne Casey, Darebin, Frankston, Glen Eira, Greater Dandenong, Hobsons Bay, Hume,
Kingston, Knox, Manningham, Maribyrnong, Maroondah, Melbourne, Melton,
Merri-bek, Monash, Moonee Valley, Mornington Peninsula, Nillumbik, Port of
Melbourne, Port Phillip, Stonnington, Whitehorse, Whittlesea, Wyndham, Yarra
and Yarra Ranges Planning Schemes and the area within the urban growth
boundary in the Mitchell Planning Scheme.
Mineral Any substance which occurs naturally as part of the earth's crust, including:
a) oil shale and coal; and
b) hydrocarbons and mineral oils contained in oil shale or coal, or extracted from
oil shale or coal by chemical or industrial processes.
It does not include water, stone, or petroleum.
Minister for Planning A Minister for the time being administering the Act.
Movable building A structure, other than a tent, caravan, or vehicle, which is designed to be moved
from place to place on more than one occasion.
Native vegetation Plants that are indigenous to Victoria, including trees, shrubs, herbs, and grasses.
Net floor area The total floor area of all floors of all buildings on a site. It includes half the width
of any party wall and the full width of all other walls. It does not include the area
of stairs, loading bays, accessways, or car parking areas, or any area occupied
by machinery required for air conditioning, heating, power supply, or lifts.
Plot ratio The gross floor area of all buildings on a site, divided by the area of the site.
Potentially Land:
contaminated land
a) used or known to have been used for industry or mining;
b) used or known to have been used for the storage of chemicals, gas, waste
or liquid fuel (other than minor above-ground storage that is ancillary to another
use of the land); or
Page 1145 of 1195

c) where a known past or present activity or event (occurring on or off the land)
may have cause contamination of the land.
Private open space An outdoor area of a dwelling, small second dwelling or residential building or
land for the exclusive use of the occupants.
Property vegetation A plan which relates to the management of native vegetation within a property,
plan and which is contained within an agreement made pursuant to section 69 of the
Conservation, Forests and Lands Act 1987.
Public land manager The Minister, government department, public authority or municipal council
having responsibility for the care or management of public land. In relation to
Crown land reserved under an Act and managed or controlled by a committee
of management, other than Parks Victoria, the Great Ocean Road Coast and
Parks Authority or a municipal council, it means the Minister administering that
Act and does not include the committee of management.
Radio mast A mast, for radio transmission or reception in a dwelling or small second dwelling,
that is:
a) with antenna, more than 14 metres above the ground;
b) if attached to a building, with antenna, more than 5 metres above the roof
line;
c) including antenna, wider than 6 metres; or
d) excluding antenna, wider than 50 centimetres at any point exceeding 3 metres

above the ground.
Retail The sale of goods or materials, in any quantity or manner, other than by
wholesale.
Secluded private open That part of private open space primarily intended for outdoor living activities
space which enjoys a reasonable amount of privacy.
Setback The minimum distance from any allotment boundary to a building.
Site coverage The proportion of a site covered by buildings.
Stone Basalt, freestone, granite, limestone, sandstone, or other building stone, or rock,
ordinarily used for building, manufacturing, road making, or construction; or clay
(not fine clay, bentonite, or kaolin), earth, gravel, quartz (not quartz crystals),
sand, soil, slate, or other similar material.
Storey That part of a building between floor levels. If there is no floor above, it is the
part between the floor level and ceiling. It may include an attic, basement, built
over car parking area, and mezzanine.
Stormwater The net increase in run-off from urban development due to water not being able
to seep into the ground because of impervious surfaces, such as roofs and
roads.
Street leg length The distance between street intersections or junctions, or points and locations
where vehicles must slow down, usually to a maximum speed of 20 kilometres
per hour.
Street reserve Land set aside for a street pavement and verge.
Page 1146 of 1195

Sustainable agriculture The use of farming practices and systems which maintain or enhance:
a) the economic viability of agricultural production;
b) the natural resource base; and
c) other ecosystems which are influenced by agricultural activities.
Telecommunications A wire, cable, optic fibre, tube, conduit, waveguide or other physical medium
line used, or to be used, as a continuous artificial guide for or in connection with
carrying communications by means of guided electromagnetic energy.
Telecommunications A system or series of systems that carries, or is capable of carrying,

network communications by means of guided and unguided electromagnetic energy.
Telecommunications A free-standing tower, pole or mast used as part of a telecommunications network

tower that is not mounted on, or affixed to, any other structure.
Tenement Land comprised in:
a) a lot which does not adjoin another lot in the same ownership; or
b) lots in the same ownership and which adjoin each other.
Lots are considered to adjoin each other if they are separated only by a stream,
stream reserve, or unmade or unused government road or rail reserve.
Transport manager (a) a Minister; or
(b) government department; or
(c) Administrative Office under the Public Administration Act 2004; or
(d) public authority; or
(e) any person -
that has responsibility under an Act for the care or management of land that
forms part of Victoria's transport system.
Transport system All of the components that make up the system for the movement and transport
of people and goods including:
Movement networks including cycling paths, footpaths, roads, railways,

shipping lanes, tramways and water transport routes.
Transport interchanges for accessing, disembarking, unloading and

interchange of people and goods, and for the storage of freight and vehicles.
This includes transport terminals and public transport stops.
Infrastructure required to operate movement networks and transport

interchanges.
Land reserved for the future development of movement networks and

transport interchanges.
Utility service provider A person, other than a public authority or municipal council, having responsibility
under an Act for the generation, transmission, distribution or supply of electricity,
gas, power, telecommunications, water supply, drainage or sewerage services.
Page 1147 of 1195

Verge The part of the street reserve between the carriageway and the boundary of
adjacent lots or other limit to the street reserve. It may accommodate public
utilities, a footpath, indented parking, stormwater flows, street lighting poles and
planting.
Wall height The vertical distance between the top of the eaves at the wall line, parapet or
flat roof (not including a chimney), whichever is the highest, and the natural
ground level.
Wholesale The sale of goods or materials, to be sold by others.
Wimmera Southern The area covered by the Hindmarsh, Horsham, Northern Grampians, West
Mallee region Wimmera and Yarriambiack planning schemes.
Page 1148 of 1195

73.02 SIGN TERMS

31/07/2018
VC148 The following table lists terms which may be used in this planning scheme in relation to signs. A
term listed in the 昀椀rst column, under the heading "Sign term", has the meaning set out beside that
term in the second column, under the heading "De昀椀nition".
Sign term Definition
Above-verandah sign A sign above a verandah or, if no verandah, that is more than 3.7 metres
above pavement level, and which projects more than 0.3 metre outside the
site.
Display area The area of that part of a sign used to display its content, including borders,
surrounds and logo boxes.
It does not include safety devices, platforms and lighting structures.
If the sign does not move or rotate, the area is one side only.
Animated sign A sign that can move, contains moving or scrolling parts, changes its message,
flashes, or has a moving or flashing border.
Bed and breakfast sign A sign at a dwelling that advertises bed and breakfast accommodation in the
dwelling.
Bunting sign An advertisement that consists of bunting, streamers, flags, windvanes, or

the like.
Business identification A sign that provides business identification information about a business or
sign industry on the land where it is displayed. The information may include the
name of the business or building, the street number of the business premises,
the nature of the business, a business logo or other business identification
information.
Direction sign A sign not exceeding 0.3 square metre that directs vehicles or pedestrians.
It does not include a sign that contains commercial information.
Electronic sign A sign that can be updated electronically. It includes screens broadcasting
still or moving images.
Floodlit sign A sign illuminated by external lighting provided for that purpose.
High-wall sign A sign on the wall of a building so that part of it is more than 10 metres above
the ground.
Home based business A sign at a dwelling that advertises a home based business carried on in the
sign dwelling, or on the land around the dwelling.
Internally illuminated sign A sign illuminated by internal lighting or which contains lights or illuminated
tubes arranged as an advertisement.
Major promotion sign A sign which is 18 square metres or greater that promotes goods, services,
an event or any other matter, whether or not provided, undertaken or sold or
for hire on the land or in the building on which the sign is sited.
Panel sign A sign with an advertisement area exceeding 10 square metres.
Pole sign A sign:
a) on a pole or pylon that is not part of a building or another structure;
b) that is no more than 7 metres above the ground;
Page 1149 of 1195

Sign term Definition
c) with an advertisement area not exceeding 6 square metres; and
d) that has a clearance under it of at least 2.7 metres.
Promotion sign A sign of less than 18 square metres that promotes goods, services, an event
or any other matter, whether or not provided, undertaken or sold or for hire
on the land or in the building on which the sign is sited.
Reflective sign A sign finished with material specifically made to reflect external light.
Sign Includes a structure specifically built to support or illuminate a sign.
Sky sign A sign:
a) on or above the roof of a building, but not a verandah;
b) fixed to the wall of a building and which projects above the wall; or
c) fixed to a structure (not a building) so that part of it is more than 7 metres

above the ground.
Page 1150 of 1195

73.03 LAND USE TERMS

15/03/2024
VC256 The table to this clause lists terms which may be used in this planning scheme in relation to the
use of land. A term describing a use or activity in relation to land which is not listed in the table
must not be characterised as a separate use of land if the term is obviously or commonly included
within one or more of the terms listed in the table.
Meaning of terms
A term listed in the 昀椀rst column, under the heading "Land use term", has the meaning set out
beside that term in the second column, under the heading "De昀椀nition".
No definition of listed term indicates ordinary meaning

A term listed in the 昀椀rst column, under the heading "Land use term", which does not have a meaning
set out beside that term in the second column, under the heading "De昀椀nition", has its ordinary
meaning.
Terms which specifically include other listed terms

A term listed in the 昀椀rst column, under the heading "Land use term", which has other terms listed
beside it in the third column, under the heading "Includes", includes any term so listed in the third
column and any term included within that term in the third column, but does not include any other
term listed in the 昀椀rst column.
A term listed in the 昀椀rst column which has other terms listed beside it in the third column may
also include other terms which are not listed in the 昀椀rst column.
All terms listed in the third column are also listed in the 昀椀rst column.
Terms which do not specifically include other listed terms

If a term listed in the 昀椀rst column, under the heading "Land use term", does not have any term
listed beside it in the third column, under the heading "Includes", that term does not include any
term listed in the 昀椀rst column.
However, a term listed in the 昀椀rst column which does not have any term listed beside it in the third
column may include other terms which are not listed in the 昀椀rst column.
Terms which are included within other listed terms

A term listed in the 昀椀rst column, under the heading "Land use term", which has a term listed beside
it in the fourth column, under the heading "Included in", is included within the term so listed in
the fourth column and any term which includes that term in the fourth column.
All terms listed in the fourth column are also listed in the 昀椀rst column.
Terms which are not included within other listed terms

If a term listed in the 昀椀rst column, under the heading "Land use term", does not have a term listed
beside it in the fourth column, under the heading "Included in", that term is not included within
any other term listed in the 昀椀rst column.
Land use term Definition Includes Included in
Abattoir Land used to slaughter animals, Rural industry

including birds. It may include the
processing of animal products.
Accommodation Land used to accommodate Camping and caravan

persons. park
Page 1151 of 1195

Dwelling
Group
accommodation
Host farm
Residential aged care

facility
Residential building
Residential village
Retirement village
Small second
dwelling
Adult sex product Land used to sell or hire sexually Shop

shop explicit material, including:
a) publications classified as
restricted under the Classification
(Publications, Films and Computer
Games) (Enforcement) Act 1995;
and
b) materials and devices (other than

contraceptives and medical
treatments) used in conjunction with
sexual behaviour.
Agriculture Land used to: Animal husbandry
a) propagate, cultivate or harvest Aquaculture

plants, including cereals, flowers,
Crop raising
fruit, seeds, trees, turf, and
vegetables;
b) keep, breed, board, or train

animals, including livestock, and
birds; or
c) propagate, cultivate, rear, or

harvest living resources of the sea
or inland waters.
Airport Transport
terminal
Amusement park Outdoor

recreation
facility
Amusement parlour A building that contains: Place of

assembly
a) three or more coin, card, or token
operated amusement machines;
Page 1152 of 1195

b) one or more coin, card, or token

operated amusement machines with
more than one screen or console
that can be played by three or more
people simultaneously; or
c) two or more coin, card, or token

operated billiard, snooker, or pool
tables.
It does not include coin, card, or

token operated children's rides,
amusement machines if there is the
ability to receive a monetary reward,
or premises used for a Bar or Hotel.
Animal husbandry Land used to keep, breed, board, or Animal production Agriculture
train animals, including birds.
Animal training
Apiculture
Domestic animal
husbandry
Horse husbandry
Racing dog
husbandry
Animal production Land used to keep or breed farm Grazing animal Animal
animals for the production of production husbandry
livestock, eggs, fibre, meat, milk or
Intensive animal
other animal products.
production
Pig farm
Poultry farm
Poultry hatchery
Animal training Land used to train animals, other Animal

than domestic animals, horses, or husbandry
racing dogs.
Apiculture Land used to keep honeybee hives Animal

and to extract honey or other bee husbandry
hive products.
Aquaculture Land used to keep or breed aquatic Agriculture

animals, or cultivate or propagate
aquatic plants.
Art and craft centre Land used to manufacture, display,

and sell, works of art or craft, such
as handicrafts, paintings, and
sculptures.
Page 1153 of 1195

Art gallery Land used to display works of art, Exhibition centre

including ceramics, furniture, glass,
paintings, screen based art,
sculptures, and textiles.
Automated collection A building with a gross floor area of Transfer station

point no more than 100 square metres,
used as an automated collection
point as defined in the Circular
Economy (Waste Reduction and
Recycling) Act 2021.
Bank Office
Bar Land used to sell liquor for Food and drink

consumption on the premises. It premises
may include accommodation, food
for consumption on the premises,
entertainment, dancing, amusement
machines, and gambling.
Beauty salon Shop
Bed and breakfast A dwelling used, by a resident of the Dwelling

dwelling, to provide accommodation
for persons away from their normal
place of residence.
Betting agency Land used for gambling by Gambling

wagering, and where there is the premises
ability to receive a monetary reward.
Boat and caravan Land used to store boats, caravans, Store

storage or vehicle-towed boat trailers.
Boat launching Land used to launch boats into the Boat ramp slipway Recreational
facility water and to retrieve boats from the boat facility
water.
Boat ramp Boat launching

facility
Bottle shop Land used to sell packaged liquor Shop

for consumption off the premises.
Broiler farm Land used to keep broiler chickens Poultry farm

for the production of meat.
Bus terminal Transport

terminal
Camping and caravan Land used to allow accommodation Accommodation

park in caravans, cabins, tents, or the
like.
Page 1154 of 1195

Caretaker's house A dwelling on the same site as a Dwelling

building, operation, or plant, and
occupied by a supervisor of that
building, operation, or plant.
Carnival Land, other than an Exhibition Place of

centre or trade fair, used for a assembly
temporary fair or amusements which
provide entertainment such as side
shows, merry-go-rounds, and stalls
for games or snacks.
Car park Land used to park motor vehicles.

It may include charging of electric
vehicles.
Car sales Motor vehicle,

boat, or caravan
sales
Car wash Service industry
Cattle feedlot Land used for a cattle feedlot as Intensive animal

defined by the Victorian Code for production
Cattle Feedlots 1995.
Cemetery Land used to dispose of human

remains by burial. It may include
funeral chapels or the like.
Child care centre Land used to care for five or more Kindergarten Education centre
children who are not permanently
resident on the land.
Cinema Land used to provide screen based Place of

entertainment or information to the assembly
public.
Cinema based Land used to provide screen based Place of

entertainment facility entertainment or information to the assembly
public, in association with the
provision of meals or sporting,
amusement, entertainment, leisure
or retail facilities.
Circus Land used, by performers, to Place of

provide entertainment such as assembly
acrobatic feats, tricks of skill, and
exhibiting animals.
Commercial display Land used only to display goods. Warehouse

area
Community care Land used to provide Residential

accommodation accommodation and care services. building
It includes permanent, temporary
Page 1155 of 1195

and emergency accommodation. It

may include supervisory staff and
support services for residents and
visitors.
Conference centre Function centre
Container deposit Land used to collect, consolidate, Transfer station

scheme centre temporarily store, sort or recover
materials under Victoria’s Container
Deposit Scheme by a network or
collection point operator in
accordance with the Circular
Economy (Waste Reduction and
Recycling) Act 2021. The centre
may incorporate a reverse vending
machine, automated collection point,
drop off point and over the counter
refunds.
Convenience Land used to prepare and sell food Food and drink
restaurant and drink for immediate premises
consumption, where substantial
provision is made for consumption
both on and off the premises.
Convenience shop A building with a leasable floor area Shop

of no more than 240 square metres,
used to sell food, drinks, and other
convenience goods. It may also be
used to hire convenience goods.
Corrective institution Land used to hold and reform Accommodation

persons committed to it by the
courts, such as a prison, remand
centre, and other type of detention
facility.
Crematorium Land used to cremate human

remains. It may include funeral
chapels or the like.
Crop raising Land used to propagate, cultivate or Horticulture Agriculture

harvest plants, including cereals,
Rice growing
flowers, fruit, seeds, trees, turf, and
vegetables. Timber production
Dance studio Indoor recreation

facility
Data centre Utility

installation
Department store Shop
Page 1156 of 1195

Display home centre One or more buildings constructed

as a dwelling, but used for display,
to encourage people to buy or
construct similar dwellings. It may
include a sales office.
Dog breeding Domestic animal

husbandry
Domestic animal Land used to board domestic Domestic animal

boarding animals, such as boarding kennels husbandry
and a cattery. It includes domestic
animal day care.
Domestic animal Land used to keep, breed, board or Dog breeding Animal
husbandry train domestic animals. husbandry
Domestic animal
boarding
Drive-in theatre Place of

assembly
Dry cleaner Land used to professionally clean Service industry

or launder clothing or household
articles. It may include the use of dry
cleaning processes.
Dry cleaning agent Land used to arrange for Shop

professional cleaning or laundering
of clothing or household articles
predominantly at another location.
It does not include the use of dry
cleaning processes on the land.
Dwelling A building used as a self-contained Bed and breakfast Accommodation

residence which must include:
Caretaker's house
a) a kitchen sink;
b) food preparation facilities;
c) a bath or shower; and
d) a toilet and wash basin.
It includes outbuildings and works

normal to a dwelling.
Education centre Land used for education. Child care centre
Employment training
centre
Primary school
Secondary school
Tertiary institution
Page 1157 of 1195

Earth and energy Land used for the exploration, Extractive industry
resources industry removal or processing of natural
Greenhouse gas
earth or energy resources. It
sequestration
includes any activity incidental to
this purpose including the Greenhouse gas
construction and use of temporary sequestration
accommodation. exploration
Geothermal energy
exploration
Geothermal energy
extraction
Mining
Mineral exploration
Petroleum
exploration
Petroleum production
Stone exploration
Electoral office An office used for electioneering by Office

a candidate in a local, State, or
Federal Government election.
Electorate office An office used by a State or Federal Office

Member of Parliament to conduct
their representative duties.
Emergency services Land used to provide facilities for

facility emergency services, such as fire
prevention and ambulance services.
It may include administrative,
operational or storage facilities
associated with the provision of
emergency services.
Employment training Education centre

centre
Energy generation Land used to generate energy for Renewable energy

facility use off site other than geothermal facility
energy extraction. It includes any
Waste-to-energy
building or other structure or thing
facility
used in or in connection with the
generation of energy.
Equestrian supplies Restricted retail

premises
Exhibition centre Land used to display works of art, Art gallery Place of
artefacts, or historical, cultural, or assembly
Museum
other like works or artefacts.
Page 1158 of 1195

Extractive industry Land used for the extraction or Earth and energy
removal of stone from land for resources
commercial use, or to use the stone industry
for building, construction, road or
manufacturing works.
It includes:
the rehabilitation of the land; and
the treatment of stone (such as

crushing and processing) or the
manufacture of bricks, tiles,
pottery, or cement or asphalt
products on, or adjacent to, the
land from which the stone is
extracted or removed.
Food and drink Land used to prepare and sell food Bar Retail premises
premises and drink for immediate
Convenience
consumption on, or off, the
restaurant
premises.
Hotel
Restaurant
Take away food

premises
Freeway service Land which has direct access to a

centre freeway and is used to provide
essential services and facilities
which encourage drivers to stop and
take an effective break in the
interests of driver safety.
Freezing and cool Store

storage
Fuel depot Land used to store, sell, and Liquid fuel depot Warehouse
distribute fuel.
Solid fuel depot
Function centre Land used, by arrangement, to cater Conference centre Place of

for conferences, private functions, assembly
Reception centre
and in which food and drink may be
served. It may include entertainment
and dancing.
Funeral parlour Land used to organise and conduct

funerals, memorial services, or the
like. It includes the storage and
preparation of bodies for burial or
cremation.
Gambling premises Land used for gambling by gaming Betting agency Retail premises
or wagering, and where there is the
Gaming premises
ability to receive a monetary reward.
Page 1159 of 1195

Gaming premises Land used for gambling by gaming, Gambling

and where there is the ability to premises
receive a monetary reward.
Garden supplies Land used to sell and distribute Landscape

garden supplies such as sand, soil, gardening
railway sleepers, screenings, rock, supplies
and the like.
Geothermal energy Land used for geothermal energy Earth and energy
exploration exploration as defined in the resources
Geothermal Energy Resources Act industry
2005.
Geothermal energy Land used for geothermal energy Earth and energy
extraction extraction as defined in the resources
Geothermal Energy Resources Act industry
2005.
Golf course Outdoor

recreation
facility
Golf driving range Outdoor

recreation
facility
Grazing animal Land used for animal production Animal

production where the animals’ food is obtained production
by directly grazing, browsing or
foraging plants growing on the land.
It includes:
emergency, seasonal and

supplementary feeding;
the incidental penning, feeding

and housing of animals for
weaning or other husbandry
purposes.
In this definition:
Emergency feeding means providing

feed to animals when an emergency
event such as a flood, bushfire or
biosecurity event, restricts or
prevents the animals from grazing,
browsing or foraging plants growing
on the land;
Seasonal feeding means providing

feed to animals when seasonal
conditions, including drought, restrict
or prevent the animals from grazing,
browsing or foraging plants growing
on the land;
Page 1160 of 1195

Supplementary feeding means

providing feed to animals to
supplement the food the animals
obtain by directly grazing, browsing
or foraging plants growing on the
land.
Greenhouse gas Land used for greenhouse gas Earth and energy
sequestration substance injection and monitoring resources
as defined in the Greenhouse Gas industry
Geological Sequestration Act 2008.
Greenhouse gas Land used for greenhouse gas Earth and energy
sequestration sequestration formation exploration resources
exploration as defined in the Greenhouse Gas industry
Geological Sequestration Act 2008.
Group Land, in one ownership, containing Accommodation

accommodation a number of dwellings used to
accommodate persons away from
Hairdresser Shop
Hall Place of
assembly
Helicopter landing Land used for the take-off and

site landing of a helicopter, with or
without a permanent landing pad,
but without permanent facilities for
the assembly and distribution of
goods or passengers.
Heliport Transport
terminal
Home based An occupation carried on in a

business dwelling, or on the land around a
dwelling, by a resident of the
dwelling. It may include a use
defined elsewhere.
Horse husbandry Land used to keep, breed, board or Horse riding school Animal
train horses. husbandry
Horse stables
Horse riding school Horse husbandry
Horse stables Horse husbandry
Horticulture Land used to propagate, cultivate, Market garden Crop raising

or harvest flowers, fruit, vegetables,
vines, or the like.
Page 1161 of 1195

Hospital Land used to provide health services

(including preventative care,
diagnosis, medical and surgical
treatment, and counselling) to
persons admitted as in-patients. It
may include the care or treatment
of out-patients.
Host farm An agricultural property used to Accommodation

provide accommodation for persons,
away from their normal place of
residence, to experience living on
land used for agricultural purposes.
Hotel Land used to sell liquor for Food and drink

consumption on and off the premises
premises. It may include
accommodation, food for
consumption on the premises,
entertainment, dancing, amusement
machines, and gambling.
Indoor recreation A building used for indoor leisure, Dancing studio Minor sports and
facility recreation, or sport. recreation
facility
Industry Land used for any of the following Materials recycling

operations:
Refuse disposal
a) any process of manufacture;
Transfer station
b) dismantling or breaking up of any
Research and
article;
development centre
c) treating waste materials;
Rural industry
d) winning clay, gravel, rock, sand,
Service industry
soil, stone, or other materials;
e) laundering, repairing, servicing or

washing any article, machinery, or
vehicle, other than on-site work on
a building, works, or land; or
f) any process of testing or analysis.
If on the same land as any of these

operations, it also includes:
a) storing goods used in the

operation or resulting from it;
b) providing amenities for people

engaged in the operation;
c) selling by wholesale, goods

resulting from the operation; and
d) accounting or administration in
connection with the operation.
Page 1162 of 1195

If Materials recycling, goods

resulting from the operation may be
sold by retail.
Informal outdoor Land open to the public and used Minor sports and
recreation by non-paying persons for leisure or recreation
recreation, such as a cycle track, facility
park, picnic or barbecue area,
playground, plaza, and walking or
jogging track.
Intensive animal Land used for animal production Cattle feedlot Animal
production where the animals’ food is imported production
Intensive dairy farm
from outside the immediate building,
enclosure, paddock or pen.
It does not include:
an abattoir or sale yard; or
grazing animal production, pig

farm, poultry farm or poultry
hatchery.
Intensive dairy farm Land used for intensive animal Intensive animal
production where cattle are kept or production
bred for the production of milk.
Interpretation centre A facility that assists in the public

understanding of the natural or
cultural environment.
Jetty Marina
Kindergarten Child care centre
Landscape gardening Land used to propagate, grow, and Garden supplies Retail premises
supplies sell plants, or sell and distribute
Plant nursery
garden supplies.
Laundromat Land used to clean or launder Shop

clothing or household items using
self-service machines.
Leisure and Land used for leisure, recreation, or Major sports and
recreation sport. recreation facility
Minor sports and

recreation facility
Motor racing track
Library Place of
assembly
Liquid fuel depot Land used to store, sell by Fuel depot

wholesale, and distribute fuel.
Page 1163 of 1195

Mail centre Land used to sort mail for Warehouse

distribution.
Major sports and Land used for leisure, recreation or Race course Leisure and
recreation facility sport, and where there is substantial recreation
provision made for spectators, such
as a grandstand, and to which
spectators are usually charged
admission.
Manufacturing sales Land used, as an incidental part of Retail premises

an industry, to retail goods made
materially different on the land by
that industry.
Marina Land used to moor boats, or store Jetty Recreational

boats above or adjacent to the boat facility
Mooring pole
water. It may include boat recovery
facilities, and facilities to repair, fuel, Pier
and maintain boats and boat Pontoon
accessories.
Market Land used to sell goods, including Retail premises

foodstuffs, from stalls.
Market garden Horticulture
Materials recycling Land used to dismantle, treat, Industry

process, store, recycle, or sell
refuse, used or surplus materials.
Medical centre Land used to provide health or Office

surgical services (including
preventative care, diagnosis,
medical and surgical treatment,
pathology services, and counselling)
to out-patients only.
Milk depot Land used to receive milk and milk Warehouse

products for distribution to
consumers, but where milk is not
processed or pasteurised.
Mineral exploration Land used for exploration as defined Earth and energy
in the Mineral Resources resources
(Sustainable Development) Act industry
1990.
Mining Land used for mining as defined in Earth and energy

the Mineral Resources (Sustainable resources
Development) Act 1990. industry
Minor sports and Land used for leisure, recreation, or Indoor recreation Leisure and
recreation facility sport, without substantial provision facility recreation
for spectators, and which is usually
open to non-paying spectators.
Page 1164 of 1195

Informal outdoor
recreation
Open sports ground
Outdoor recreation
facility
Restricted recreation
facility
Minor utility Land used for a utility installation Water retarding basin Utility
installation comprising any of the following: installation
a) sewerage or water mains;
b) storm or flood water drains or

retarding basins;
c) flow measurement device or a

structure to gauge waterway flow;
d) siphons, water storage tanks,

disinfection booster stations and
channels;
e) gas mains providing gas directly

to consumers;
f) a sewerage treatment plant, and

any associated disposal works,
required to serve a neighbourhood;
g) a pumping station required to

serve a neighbourhood;
h) power lines designed to operate

at less than 220,000 volts but
excluding any power lines directly
associated with an Energy
generation facility or Geothermal
energy extraction;
i) an electrical sub-station designed

to operate at no more than 66,000
volts but excluding any sub-station
directly associated with an Energy
generation facility or Geothermal
energy extraction; or
j) a battery connected to a section

of the electricity distribution network
operating with a nominal voltage not
exceeding 66,000 volts.
Mooring pole Marina
Motel Land used to provide Residential hotel

accommodation in serviced rooms
Page 1165 of 1195

place of residence, and where

provision is made for parking guests'
vehicles convenient to the rooms.
Motor racing track Land used to race, rally, scramble, Leisure and
or test, vehicles, including go-karts, recreation
motor boats, and motorcycles, and
includes other competitive motor
sports. It may include training.
Motor repairs Land used to repair or service motor Panel beating Service industry
vehicles, and includes the fitting of
accessories.
Motor vehicle, boat, Land used to sell or hire motor Car sales Retail premises
or caravan sales vehicles, boats, or caravans. It may
include the minor repair or servicing
of motor vehicles, boats, or
caravans, and the sale or fitting of
accessories.
Museum Land used to display archaeological, Exhibition centre

biological, cultural, geographical,
geological, historical, scientific, or
other like works or artefacts.
Natural systems Land in substantially its natural state

which is used to maintain ecological
systems, or to preserve an area of
historic, scientific, aesthetic, or
cultural significance.
Nightclub A building used to provide Place of

entertainment and dancing. It may assembly
include the provision of food and
drink for consumption on the
premises. It does not include the
sale of packaged liquor, or gaming.
Office Land used for administration, or Bank

clerical, technical, professional or
Electoral office
other like business activity. No
goods or materials intended for Electorate office
manufacture, sale, or hire may be Medical centre
stored on the land. Other than
electoral office and medical centre, Real estate agency
it does not include any other defined Travel agency
use.
Open sports ground Land used for organised games of Minor sports and
sport, but which is available for recreation
informal outdoor leisure or facility
recreation when not being used or
Page 1166 of 1195

prepared for an organised game. It

may include lights, change rooms,
pavilions, and shelters.
Outdoor recreation Land used for outdoor leisure, Amusement park Minor sports and
facility recreation, or sport. It does not recreation
Golf course
include an Open sports ground or facility
Informal outdoor recreation. Golf driving range
Paintball games
facility
Zoo
Paintball games Outdoor

facility recreation
facility
Panel beating Land used to repair or replace Motor repairs

damaged motor vehicle bodies and
panels, and carry out any associated
mechanical work or spray painting.
Party supplies Restricted retail

premises
Petroleum Land used for petroleum exploration Earth and energy

exploration as defined in the Petroleum Act resources
1998. industry
Petroleum production Land used for petroleum production Earth and energy
as defined in the Petroleum Act resources
1998. industry
Pier Marina
Pig farm Land used to keep or breed pigs. Animal

production
Place of assembly Land where people congregate for Amusement parlour

religious, spiritual or cultural
Carnival
activities, entertainment, or
meetings. Cinema
Cinema-based
entertainment facility
Circus
Drive-in theatre
Exhibition centre
Function centre
Hall
Library
Nightclub
Place of worship
Page 1167 of 1195

Restricted place of
assembly
Place of worship Land used for religious activities, Place of

such as a church, chapel, mosque, assembly
synagogue, and temple.
Plant nursery Land used to propagate, grow, and Landscape

sell plants. It may include the sale gardening
of gardening equipment and supplies
horticultural products.
Pontoon Marina
Postal agency Retail premises
Poultry farm Land used to keep or breed poultry. Broiler farm Animal
production
Poultry hatchery Land used to incubate and hatch Animal

poultry eggs. production
Primary produce Land used to display and sell Retail premises

sales primary produce, grown on the land
or adjacent land. It may include
processed goods made substantially
from the primary produce.
Primary school Education centre
Race course Major sports and

recreation
facility
Racing dog Land used to keep, breed, board or Racing dog training Animal
husbandry train racing dogs. husbandry
Racing dog training Racing dog

husbandry
Railway station Land used to assemble and Transport

distribute goods and passengers terminal
and includes facilities to park and
manoeuvre vehicles. It may include
the selling of food, drinks and other
convenience goods and services.
Real estate agency Office
Reception centre Function centre
Recreational boat Land used to provide facilities for Boat launching

facility boats operated primarily for pleasure facility
or recreation, including boats
Marina
operated commercially for pleasure
or recreation.
Page 1168 of 1195

Refuse disposal Land used to dispose of refuse, by Industry

landfill, incineration, or other means.
Renewable energy Land used to generate energy using Wind energy facility Energy
facility resources that can be rapidly generation
Solar energy facility
replaced by an ongoing natural facility
process. Renewable energy
resources include the sun, wind, the
ocean, water flows, organic matter
and the earth’s heat.
It includes any building or other

structure or thing used in or in
connection with the generation of
energy by a renewable resource.
It does not include a renewable

energy facility principally used to
supply energy for an existing use of
the land.
Research and Land used to develop or test Industry

development centre electronic technology,
biotechnology, or any other scientific
discipline. It may include
administration, promotion,
conference, display, laboratory,
assembly, and manufacturing areas.
Research centre Land used only for scientific

research.
Reservoir A natural or artificial lake used as a Utility

source of water supply that is owned installation
or managed by a public authority.
Residential aged care Land used to provide Accommodation

facility accommodation and personal or
nursing care for the aged. It may
include recreational, health or
laundry facilities and services for
residents of the facility.
Residential building Land used to accommodate Community care Accommodation

persons, but does not include accommodation
camping and caravan park,
Residential hotel
corrective institution, dwelling, group
accommodation, host farm, Rooming house
residential village, retirement village Rural worker
or small second dwelling. accommodation
Residential hotel Land used to provide Motel Residential

accommodation in serviced rooms building
place of residence. If it has at least
Page 1169 of 1195

20 bedrooms, it may include the sale

of liquor for consumption on, or off,
the premises, function or conference
rooms, entertainment, dancing,
amusement machines, and
gambling.
Residential village Land, in one ownership, containing Accommodation

a number of dwellings, used to
provide permanent accommodation
and which includes communal,
recreation, or medical facilities for
residents of the village.
Restaurant Land used to prepare and sell food Food and drink
and drink, for consumption on the premises
premises. It may include:
a) entertainment and dancing; and
b) the supply of liquor other than in

association with the serving of
meals, provided that tables and
chairs are set out for at least 75%
of patrons present on the premises
at any one time.
It does not include the sale of

packaged liquor.
Restricted place of Land used by members of a club or Place of

assembly group, or by members' guests, for assembly
religious, spiritual or cultural
activities, entertainment, or
meetings. It may include food and
premises, and gaming.
Restricted recreation Land used by members of a club or Minor sports and

facility group for leisure, recreation, or recreation
sport, such as a bowling or tennis facility
club, gymnasium and fitness centre.
It may include food and drink for
consumption on the premises, and
gaming. It may also include use by
members' guests, or by the public
on payment of a fee.
Restricted retail Land used to sell or hire: Equestrian supplies Shop

premises
a) automotive parts and Party supplies
accessories;
b) camping, outdoor and recreation

goods
c) electric light fittings;
Page 1170 of 1195

d) animal supplies including

equestrian and pet goods;
e) floor and window coverings;
f) furniture, bedding, furnishings,

fabric and manchester and
homewares;
g) household appliances, household

electrical goods and home
entertainment goods;
h) party supplies;
i) swimming pools;
j) office equipment and supplies;
k) baby and children’s goods,

children’s play equipment and
accessories;
l) sporting, cycling, leisure, fitness

goods and accessories; or
m) goods and accessories which:
Require a large area for

handling, display and storage of
goods; or
Require direct vehicle access to

the building by customers for the
purpose of loading or unloading
goods into or from their vehicles
after purchase or hire.
It does not include the sale of food,
clothing and footwear unless
ancillary to the primary use.
Retail premises Land used to: Food and drink

premises
a) sell goods by retail, or by retail
and wholesale; Gambling premises
b) sell services; or Landscape gardening

supplies
c) hire goods.
Manufacturing sales
Market
Motor vehicle, boat,

or caravan sales
Postal agency
Primary produce
sales
Shop
Trade supplies
Page 1171 of 1195

Retirement village Land used to provide permanent Accommodation

accommodation for retired people
or the aged and may include
communal recreational or medical
facilities for residents of the village.
Rice growing Crop raising
Road freight terminal Transport
terminal
Rooming house Land used for a rooming house as Residential

defined in the Residential Tenancies building
Act 1997.
Rural industry Land used to: Abattoir Industry
a) handle, treat, process, or pack Sawmill

agricultural produce;
b) service or repair plant, or

equipment, used in agriculture; or
c) manufacture mud bricks.
Rural store Land used to store unprocessed Store

agricultural produce, or products
used in agriculture.
Rural worker Land used to accommodate a Residential

accommodation person engaged in agricultural building
production, away from their normal
place of residence.
Saleyard Land used to hold, sell, and buy

farm animals.
Sawmill Land used to handle, cut, and Rural industry

process timber from logs.
Secondary school Education centre
Service industry Land used to launder, repair, service Car wash Industry
or wash articles, machinery, or
Dry cleaner
vehicles.
Motor repairs
Service station Land used to sell motor vehicle fuel

from bowsers or charge electric
vehicles. It may include the:
a) selling of motor vehicle lubricants,

accessories or parts;
b) selling of food, drinks and other

convenience goods;
c) hiring of trailers;
Page 1172 of 1195

d) servicing or washing of motor

vehicles; and
e) installing of motor vehicle

accessories or parts.
Sex services Land used to sell services involving Shop

premises the use or display of the body of the
person providing the service for the
sexual arousal or sexual gratification
of another person while they are
present on the land.
Live entertainment performed for

an audience, by a person
performing an act of an explicit
sexual nature, such as lap
dancing, nude dancing and
striptease.
Sexual activities engaged in by

two or more people required to
pay an admission fee or charge
to enter the premises on the
same terms and who do not
receive any form of payment or
reward, whether directly or
indirectly, for engaging in the
sexual activities.
Shipping container Land used to store shipping Store

storage containers. It may include the
cleaning, repair, servicing, painting
or fumigation of the shipping
containers.
Shop Land used to sell goods or services, Adult sex product Retail premises
or to hire goods. It includes: shop
the selling of bread, pastries, Beauty salon

cakes or other products baked
Bottle shop
on the premises;
Convenience shop
demonstrations of products
including music performances in Dry cleaning agent
shops selling recorded music. Department store
Hairdresser
food and drink premises; Laundromat
gambling premises; Restricted retail
landscape gardening supplies; premises
manufacturing sales; Sex services

premises
market;
Page 1173 of 1195

motor vehicle, boat, or caravan Supermarket

sales;
postal agency;
primary produce sales; or
trade supplies.
Sign
Slipway Boat launching

facility
Small second A building with a gross floor area of Accommodation

dwelling 60 square metres or less, on the
same lot as an existing dwelling and
used as a self-contained residence,
which must include:
a) a kitchen sink;
b) food preparation facilities;
c) a bath or shower; and
d) a toilet and wash basin.
Solar energy facility Land used to generate electricity Renewable

from solar energy using energy facility
ground-mounted photovoltaic and
thermal technology, where the
primary role is to export power to the
electricity network.
It does not include the generation of

electricity principally used for an
existing use of land.
Solid fuel depot Land used to sell solid fuel, such as Fuel depot
briquettes, coal, and fire wood.
Stone exploration Land used to search for stone, Earth and energy
including: resources
industry
a) conducting geological,
geophysical, and geochemical
surveys;
b) costeaning and bulk sampling;
c) drilling; and
d) taking samples for chemical,

physical, or other testing.
Store Land used to store goods, Boat and caravan Warehouse

machinery, or vehicles. storage
Freezing and cool

storage
Page 1174 of 1195

Rural store
Shipping container
storage
Vehicle store
Supermarket Shop
Take away food Land used to prepare and sell food Food and drink
premises and drink for immediate premises
consumption off the premises. It
may include up to 10 seats available
for consumption on the premises.
Telecommunications Land used to accommodate any part Utility

facility of the infrastructure of a installation
Telecommunications network. It
includes any telecommunications
line, equipment, apparatus,
telecommunications tower, mast,
antenna, tunnel, duct, hole, pit, pole,
or other structure or thing used, or
for use in or in connection with a
Telecommunications network.
Tertiary institution Education centre
Timber production Land used to propagate, cultivate, Crop raising

manage and harvest timber.
Timber yard Land used to sell sawn, dressed, Trade supplies

and treated timber, wood fibre
boards, and the like. It includes
cutting the timber and boards to
order, and selling hardware, paints,
tools, and materials used in
conjunction with the use and
treatment of timber.
Trade supplies Land used to sell by both retail and Timber yard Retail premises
wholesale, or to hire, materials,
tools, equipment, machinery or other
goods for use in:
a) automotive repairs and servicing;
b) building;
c) commerce;
d) industry;
e) landscape gardening;
f) the medical profession;
g) primary production; or
Page 1175 of 1195

h) local government, government

departments or public institutions.
Tramway Land used to provide a system of

transport in vehicles connected to a
network of tracks, and includes tram
stops and shelters, shunting areas
and associated passenger facilities.
Transfer station Land used to collect, consolidate, Automated collection Industry

temporarily store, sort or recover point
refuse, used or surplus materials
Container deposit
before transfer for disposal,
scheme centre
recycling or use elsewhere.
Transport terminal Land used to assemble and Airport

distribute goods or passengers. It
Bus terminal
includes facilities to park and
manoeuvre vehicles. It does not Heliport
include a Tramway. Railway station
Road freight terminal
Wharf
Travel agency Office
Utility installation Land used: Data centre
a) for telecommunications; Minor utility

installation
b) to transmit or distribute gas or oil;
Reservoir
c) to transmit, distribute or store
power; Telecommunications
facility
d) to collect, treat, transmit, store,
or distribute water; or
e) to collect, treat, or dispose of

storm or flood water, sewage, or
sullage.
It includes any associated flow

measurement device or a structure
to gauge waterway flow.
Vehicle store Land used to park or store vehicles Store

in connection with a goods or
passenger transport business.
Veterinary centre Land used to:
a) diagnose animal diseases or

disorders;
b) surgically or medically treat

animals; or
c) prevent animal diseases or

disorders.
Page 1176 of 1195

It may include keeping the animals

on the premises for treatment.
Warehouse Land used to store or display goods. Commercial display

It may include the storage and area
distribution of goods for wholesale
Fuel depot
and the storage and distribution of
goods for online retail. It does not Mail centre
include premises allowing in-person Milk depot
retail or display of goods for retail,
or allowing persons to collect goods Store
that have been purchased online.
Waste-to-energy Land used for the combustion, Energy

facility treatment or bio-reaction of waste generation
to produce energy for use off site. It facility
includes the activities to collect,
temporarily store, process, or
transfer waste materials for energy
production.
Water retarding basin Land used to store storm or flood Minor utility
water on a temporary basis. installation
Wharf Land used to provide facilities for Transport

ships, such as bulk and container terminal
ships, passenger ships, and defence
force marine craft.
Wind energy facility Land used to generate electricity by Renewable

wind force. It includes land used for: energy facility
a) any turbine, building or other

structure or thing used in or in
connection with the generation of
electricity by wind force
b) an anemometer.
It does not include turbines

principally used to supply electricity
for domestic or rural use of the land.
Winery Land used to display, and sell by

retail, vineyard products, in
association with the growing of
grape vines and the manufacture of
the vineyard products. It may include
the preparation and sale of food and
premises.
Zoo Outdoor
recreation
facility
Page 1177 of 1195

73.04 NESTING DIAGRAMS

08/08/2019
VC159 The information in the table to Clause 73.03 is set out in the following diagrams as a means of
indicating the nesting of land use terms.
The table to Clause 73.03 prevails if there is any inconsistency between the table and the diagrams
or list.
Land use terms that are not nested are listed at Clause 73.04-17.
Land use terms in bold font are de昀椀ned in Clause 73.03.
73.04-1 Accommodation group

14/12/2023
VC253
Page 1178 of 1195

73.04-2 Agriculture group

08/08/2019
VC159
Page 1179 of 1195

73.04-3 Agriculture group (sub-group of Animal production)

24/01/2020
VC160
73.04-4 Education centre group

24/01/2020
VC160
Page 1180 of 1195

73.04-5 Industry group

26/09/2023
VC246
Page 1181 of 1195

73.04-6 Leisure and recreation group

16/08/2019
VC163
Page 1182 of 1195

73.04-7 Earth and energy resources group

24/01/2020
VC160
Page 1183 of 1195

73.04-8 Office group

28/10/2022
VC224
Page 1184 of 1195

73.04-9 Place of assembly group

16/08/2019
VC163
Page 1185 of 1195

73.04-10 Recreational boat facility group

24/01/2020
VC160
Page 1186 of 1195

73.04-11 Retail premises group

16/08/2019
VC163
Page 1187 of 1195

73.04-12 Retail premises group (sub-group of Shop)

01/12/2023
VC217
Page 1188 of 1195

73.04-13 Transport terminal group

24/01/2020
VC160
73.04-14 Utility installation group

08/08/2019
VC159
Page 1189 of 1195

73.04-15 Warehouse group

24/01/2020
VC160
Page 1190 of 1195

73.04-16 Energy Group

24/01/2020
VC160
Page 1191 of 1195

73.04-17 Land use terms that are not nested

01/12/2023
VC217
Car park
Cemetery
Crematorium
Display home centre
Emergency services facility
Freeway service centre
Funeral parlour
Helicopter landing site
Home based business
Hospital
Interpretation centre
Natural systems
Research centre
Saleyard
Service station
Sign
Tramway
Veterinary centre
Winery
Page 1192 of 1195

74 STRATEGIC IMPLEMENTATION
31/07/2018
VC148
Page 1193 of 1195

74.01 APPLICATION OF ZONES, OVERLAYS AND PROVISIONS

31/07/2018
VC148 The schedule to this clause must include a general explanation of the relationship between the
Municipal Planning Strategy, the objectives and strategies in Clauses 10 to 19 and the controls on
the use and development of land in this planning scheme.
A planning authority must take into account the schedule to this clause when it prepares an
A responsible authority must not take into account the schedule to this clause when it makes a
decision under this planning scheme.
Page 1194 of 1195

74.02 FURTHER STRATEGIC WORK

31/07/2018
VC148 The schedule to this clause may specify the planning authority’s approach to further strategic work.
A planning authority may take into account the schedule to this clause when it prepares an
The responsible authority must not take into account the schedule to this clause when it makes a
decision under this planning scheme.
Page 1195 of 1195

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Whitehorse Planning Scheme

Planning scheme last updated by VC261 on 04/04/2024

00 PURPOSE AND VISION

01 PURPOSES OF THIS PLANNING SCHEME

10 PLANNING POLICY FRAMEWORK

Victoria Settlement Framework

11.01-1R Settlement - Metropolitan Melbourne

Melbourne 2050 spatial framework

11.01-1R Green wedges - Metropolitan Melbourne

11.02 MANAGING GROWTH

11.02-1S Supply of urban land

11.02-2S Structure planning

11.02-3S Sequencing of development

11.03 PLANNING FOR PLACES

11.03-1S Activity centres

11.03-1R Activity centres - Metropolitan Melbourne

11.03-2S Growth areas

Provide better transport choices.

11.03-3S Peri-urban areas

11.03-4S Coastal settlement

11.03-5S Distinctive areas and landscapes

11.03-6S Regional and local places

12 ENVIRONMENTAL AND LANDSCAPE VALUES

12.01-1S Protection of biodiversity

12.01-2S Native vegetation management

12.02 MARINE AND COASTAL ENVIRONMENT

12.02-1S Protection of the marine and coastal environment

12.02-2S Marine and coastal Crown land

12.03 WATER BODIES AND WETLANDS

12.03-1R Yarra River protection

12.04 ALPINE AREAS

12.04-1S Sustainable development in alpine areas

Alpine Resorts Strategic Plan 2020-2025 Responding to a Changing Climate (Victorian

12.05 SIGNIFICANT ENVIRONMENTS AND LANDSCAPES

12.05-1S Environmentally sensitive areas

13 ENVIRONMENTAL RISKS AND AMENITY

13.01 CLIMATE CHANGE IMPACTS

13.01-1S Natural hazards and climate change

13.01-2S Coastal inundation and erosion

13.02-1S Bushfire planning

Protection of human life

Bushfire hazard identification and assessment

Areas of biodiversity conservation value

Use and development control in a Bushfire Prone Area

13.03-1S Floodplain management

13.04 SOIL DEGRADATION

13.04-1S Contaminated and potentially contaminated land

13.04-2S Erosion and landslip

13.05-1S Noise management

13.06 AIR QUALITY

13.06-1S Air quality management

13.07 AMENITY, HUMAN HEALTH AND SAFETY

13.07-1S Land use compatibility

13.07-2S Major hazard facilities

13.07-3S Live music

14 NATURAL RESOURCE MANAGEMENT

14.01-1S Protection of agricultural land

14.01-1R Protection of agricultural land - Metropolitan Melbourne

14.01-2S Sustainable agricultural land use

14.01-3S Forestry and timber production