Cutting the red tape: New planning rules to support Victoria's 'Big Housing Build'

Amendments to the Victoria Planning Provisions and planning schemes commenced on 1 December 2020. The changes aim to streamline the planning process and support economic recovery through the creation of jobs and the delivery of social and affordable housing.

The changes were prompted by the unprecedented $5.3 billion investment in social and affordable housing under the Victorian government's 'Big Housing Build' program which will deliver over 12,000 new dwellings and boost total social housing supply by 10 per cent.

We provide a summary of the changes below.

Streamlined permit process (Amendment VC187)

This amendment creates a separate permit process for the development of housing projects (including apartments) by or on behalf of the Director of Housing. The key take-outs include:

• the separate permit process for development on behalf of the Director of Housing applies to most residential zones and no end date has been specified
• eligible projects will be exempt from notice requirements and third party review to VCAT
• eligible projects will be exempt from some zone and schedule requirements
• key siting, amenity and overlay requirements will still need to be considered to protect neighbours
• development standards (based on ResCode and the Better Apartments Standards) to support faster decision making

This amendment changes decision-making powers concerning social and affordable housing projects. The responsible authorities for assessing development applications under this amendment include:

Big Housing Build permit exemption (Amendment VC190)

This amendment creates a planning permit exemption for projects funded under the Big Housing Build program. The key take-outs include:

• the planning permit exemption for projects funded under the Big Housing Build program applies to most zones and ends when the program is complete
• eligible projects will be exempt from notice requirements and third party review to VCAT
• eligible projects will be exempt from some zone and schedule requirements
• council and public consultation is required for eligible projects before a development application is made
• key issues (e.g. heritage, design and environmental) and scheme requirements (e.g. bushfire management, environmental audits and environment effect statements) will still need to be considered
• development standards (based on ResCode and the Better Apartments Standards) to support faster decision making.

The Minister for Energy, Environment and Climate Change is the responsible authority for assessing development applications under this amendment.

Authors: Joseph Monaghan & Sam Marks

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

Published by:

Dr Joseph Monaghan

Sam Marks

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