30 November 2022
Planning Scheme Amendment VC226 amended the Community Care Accommodation provisions at clause 52.22 of all Victorian planning schemes on 4 November 2022. This has important implications for specialist disability accommodation providers.
Clause 52.22, among other things provided and continues to provide, an exemption from the normal public notice requirements for use and development of Community Care Accommodation. In effect, this limited third party objector review to the Victorian Civil and Administrative Tribunal.
One of the issues has concerned the scope of when that exemption applies. Previously, the exemption was contingent upon whether or not to use was carried out or funded by a Commonwealth public authority department. A question that arose was whether this meant proposals for specialist disability accommodation funded by the NDIS fell within the scope of the exemption.
Different approaches have been taken by different councils on this issue.
Clause 52.22 now expressly refers to NDIS-funded proposals. There may still be debate around the scope of the exemption, but on the face of it the amended wording is more commercially beneficial to specialist disability accommodation providers than before. The wording is set out below:
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