The updates include requirements for street setbacks, tree canopies, daylight to existing windows and other design elements.
Application of Clause 54
The application of Clause 54 of the VPP has not changed – it continues to apply when a planning permit is required and references the need to meet Clause 54 requirements.
Most residential zones set out that a planning permit and Clause 54 assessment is required to construct or extend one dwelling or a SSD on a lot less than 300 square metres.
Application of Building Regulations
The siting requirements in Part 5 of the Building Regulations 2018 (Building Regulations) apply (subject to Schedule 6) rather than the requirements of Clause 54 for:
- Lots greater than 300 square metres where a planning permit is not required
- Where a planning permit is required that does not trigger the requirement for Clause 54 to apply,
Importantly, Amendment VC282 to the VPP does not affect the operation of Part 5 siting, design and access requirements of the Building Regulations. However, practitioners should be aware of the changes to the VPP and understand their implications when assessing building permit applications where a planning permit is required for construction.
Regulation 68 of the Building Regulations continues to be critical in determining an application where a planning permit exists. In most cases, a planning permit assessed under Clause 54 of the VPP will satisfy the requirements of regulation 68 (1)(b), meaning the corresponding regulations within Part 5 do not apply, and an additional report and consent is not required for any inconsistencies between the VPP and Building Regulations. The requirements of overlays and other planning controls can affect how building regulation 68 is applied.
Where a planning permit is issued and Clause 54 applies
There are some specific situations where a planning permit will be issued and Clause 54 applies under the planning permit, but aspects of Part 5 of the Building Regulations will still be applicable. This will occur where Clause 54 does not regulate the same matter as Part 5 of the Building Regulations 2018. Regulation 68(1)(b) will therefore not provide an exemption for that aspect of Part 5 of the Building Regulations.
An example of where a planning permit will exist for Clause 54 but Part 5 will still be applicable is Maximum Street setback (regulation 73), which is not expressly addressed within clause 54 of the VPP.
Some Part 5 matters that aren't regulated by Clause 54, such as carparking (regulation 78), may still require a planning permit under other sections of the VPP. For example, where carparking requirements are varied and addressed under clause 52.06 of the VPP. In these situations, the requirements of regulation 78 would be exempt by Regulation 68(1)(b).
If it is identified that the relevant planning scheme does not regulate a particular matter, then Part 5 of the Building Regulations applies. Where a regulation is not met, the report and consent process through Part 5 remains available and should be used accordingly.
More information on the introduction of the new standards in VC282 can be found on the Department of Planning and Transport website .