A new way to assess residential planning applications called the Townhouse and Low-Rise Code has been introduced by the State Government.
The new code introduces new rules which are included as standards that form a new Clause 55 assessment model.
The new code applies to applications submitted on or after 6 March 2025, the date that Amendment VC267 was gazetted by the Minister for Planning.
From 31 March 2025, any new applications for two (2) or more dwellings on a lot, including units, townhouses and apartment buildings, and residential buildings up to three (3) storeys, must be lodged in accordance with new Townhouse and Low-Rise Code.
Visit the Townhouse and Low-Rise Code page on the Department of Transport and Planning website for more information.
Where does the code apply?
The new code applies to residential development applications for two (2) or more dwellings on a lot and residential buildings up to three (3) storeys within the Residential Growth Zone, General Residential Zone, Neighbourhood Residential Zone, and Mixed Use Zone.
Please also note that if a development site is subject to overlays, the relevant decision guidelines of the applicable overlays must still be considered in addition to the standards of the code.
To check if overlays apply to a property, you can find out by searching the property address on the Property and Parcel Search page of the Department of Transport and Planning website.
How does it work?
If the proposal complies with every standard that applies, the application will be exempt from third party appeal rights.
This means that while the application will still go to public notice (advertising), objectors do not have the ability to appeal Council’s decision to the Victorian Civil and Administrative Tribunal (VCAT).
Information for neighbours and objectors
Applications will still be advertised, and objections and submissions can still be lodged.
However, in the event that the development complies with every standard that applies, you will not have the right to appeal Council’s decision to VCAT.
If a proposed residential development also needs a permit under another planning scheme provision, like a Design and Development, Environmental, or Heritage Overlay, objector appeal rights for that provision will still apply.
Applications for apartment buildings of four (4) or more storeys are assessed under different provisions, and objector appeal rights still apply.
Information for applicants
Applicants should familiarise themselves with the full suite of changes to Clause 55 of the Greater Dandenong Planning Scheme.
If your application does not meet the standard, then you must meet the objective and the decision guidelines and other planning policies in the Scheme apply to the assessment of that objective, such as any local neighbourhood character policies.
If you want to apply for a planning permit for two (2) or more dwellings on a lot, and residential buildings of 1-3 storeys, you will need to include a written statement detailing which Clause 55 standards are met and which are not met.
If a standard is not met, the written statement must include a detailed explanation of how the development meets the corresponding objective having regard to the corresponding decision guidelines.
Visit the Townhouse and Low-Rise Code page on the Department of Transport and Planning website for guidelines and FAQs about how the new Clause 55 standards apply.
