Planning Tid Bits by Clause1

New and updated apartment standards

Little bits that can make a big difference to your town planning outcomes.

Recent State-wide Planning Scheme Amendment VC174 has introduced new provisions for apartment development applications, to implement the recently revised Better Apartment Design Standards. The changes were approved by the Planning Minister on 20 December 2021 and seek to improve external amenity and design outcomes for all apartment developments and update the existing Apartment Design Guidelines for Victoria (Department of Environment, Land, Water and Planning).

The changes relate to Clause 55 (Two or more dwellings on a lot) and Clause 58 (Apartment Developments of five storeys or more) and include:

• Amending the Neighbourhood and Site Description and Design Response requirements to include If the application is for an apartment development, the design response must explain how the proposed design selects materials and finishes for the external walls. • Amending Standards at Clause 55.07-2 and Clause 58.03-2 Communal Open Space objective to: – Include an additional objective that communal open space meets the needs of residents and enhances residential amenity; – Previously the standard for a minimum area of communal open space for apartment developments was required for developments of 40 dwellings or more. This has been reduced to 10 dwellings or more. The minimum has been changed from 2.5m2 per dwelling or 250m2 (whichever is lesser) to a minimum 30m2, and that apartment developments of 13 dwellings or more should provide an additional communal open space area of 2.5m2 per dwelling or 220m2, whichever is lesser. This additional area may be indoors or outdoors and consist of multiple separate areas of communal open space; – Further subjective standards apply in relation to open space accessibility, utility, size and shape, passive surveillance and outlook and landscaping.

• Standards at Clause 55.07-4 and 58.03-5 Landscaping objectives have been amended to: – Retain trees and increase canopy cover, landscaping to support the urban context and reduce visual impact of buildings and landscaping which is climate responsive, supports biodiversity, wellbeing and amenity and reduces urban heat; – Development should replace any significant trees which have been removed in the 12 months prior to the application being made; – Provide canopy trees over deep soil areas; – Provide a range of plant types and sizes, use shading plants or materials which reduce heat absorption; – Utilise sustainable irrigation systems; – Amend the tables which set out canopy cover and deep soil requirements, generally increasing the coverage required. These changes define the area and depth of deep soil required, which in turn will require additional information provided in applications, showing how trees and their soil requirements can be provided on site.

• Providing a new objective at Clause 55.07-6 and Clause 58.03-6 Access Objective which includes a number of new standards relating to vehicle access and crossover design; • Relocating Clause 55.07-8 Building entry and circulation objectives to Clause 55.06-16; • Amending standards at Clause 55.07-9 and Clause 58.05-3 Private open space objective, generally increasing minimum area requirements; • Including new Clause 55.07-17 Integration with the street objective; • Including new Clause 55.07-18 Site services objective • Including new Clause 55.07-19 and Clause 58.06-4 External walls and materials objective which seek durable materials which weather well. • Expanding the standards in Clause 52.08-5 Integration with the Street in relation to how a building appears from the street view; • Add new objective 58.04-4 Wind impacts objective (for developments of 5 storeys or more) including that new development should not cause unsafe wind conditions. This clause includes a numerical standard setting out “Unsafe” and “Comfortable” wind conditions in public land, publicly accessible areas on private land, private open space and communal open space. Decision guidelines for this clause include Whether it has been demonstrated by a suitably qualified specialist that the development will not generate unacceptable wind impacts within the site or on surrounding land. • Amendments to Clause 58.06-02 Site Services objectives; • Amendments to Clause 58.07-1 Functional layout objective, including minimum areas for the main bedroom (10.2 m2) and other bedrooms (9 m2).

Transitional provisions are provided in the various zone requirements of planning schemes. This means the previous planning scheme provisions will apply to applications for planning permits (or amendments) lodged prior to VC174/20 December 2021. Practitioners should keep in mind that any current application lodged prior to 20 December 2021, if amended under Section 50 of the Planning and Environment Act , will reset the application date to the Section 50 Amendment date. This will remove your transitional provisions rights if your Section 50 amendment application is made after 20 December 2021.

The above changes appear to update the standards for all proposed apartment developments, and bring apartment developments considered under Clause 55 (4 storeys or less) more in line with the objectives and standards under Clause 58 (5 storeys or more). The changes will make professional wind assessments standard for applications for 5 storeys or more. The changes require a greater consideration of landscaping at application stage to ensure deep root areas are provided to result in minimum canopy tree cover. The changes also bring more focus onto materials and finishes, seeking materials with a longer life and better longer term weathering properties.

Privacy Requirements Set to Add Significant Complexity for Permit Applicants

In early 2021 the Planning & Environment Act (1984) was amended to enshrine the previously temporary measures, put into place as part of the COVID 19 response, that allow documents associated with planning matters to be made available online.  The P&E Act has always required the relevant authority to make certain documents available, often at municipal offices, for public inspection. These most recent changes formalise the option of making such documents available ‘online’, in an electronic format.

The change is considered a positive step that will facilitate the efficient use of online systems to continue to expediate the processing of planning matters. With a significant number of Victorian Councils now moving to (or having already moved to) electronic lodgement and processing systems for planning permit applications, the change has generally been welcomed by all.  

However, prohibitions restricting the publishing of ‘personal information’ online are set to cause headaches for permit applicants and Councils alike.  As Councils are forced to grapple with these privacy obligations, we expect that a significant burden associated with these requirements is likely to fall at the feet of permit applicants.  

The definition of personal information includes: “…information or an opinion…, that is recorded in any form and whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion…”.

Under this definition, the following information is unlikely to be published online, without the expressed consent of the individual involved:

• Name and details of a planning permit applicant • The proprietor’s details from the registered search statement (title) • The names and contact details of the architect or building designer. • Details of any third-party consultants including, arborists, traffic engineers, acoustic consultants etc… • Names and addresses of any objecting parties

Over the past few months our office has been asked, by some Councils, to provide two sets of all documents accompanying our planning permit applications. The second set has been required to have all personally identifiable information redacted, so that it can be published online.   We are hopeful that the requirement to provide a redacted duplicate of all material does not become the norm and recommend that regular permit applicants consider putting a process in place that captures the ‘consent’ of all relevant individuals involved in their applications, to publish their personally identifiable information online.

Our office has also received copies of objections, from Council, that have had the names and addresses of the objectors redacted. One consequence of such personal information being removed is that permit applicants may find it increasingly difficult to engage with objecting parties or determine the merits and standing of any objector’s submissions.

Regular permit applicants should review the Department of Environment, Land, Water and Planning’s new practice note for more details: PPN74-making-planning-documents-avaliable-to-thepublic.pdf

Changes Impact VCAT Applications

Recent applications to VCAT may be experiencing delays in processing as the Tribunal gets strict regarding the correct name of the permit applicant and applicant for review.

The permit applicant and applicant for review are required to be the same on both Council and Tribunal applications.

Whereas business and trading names have been accepted in the past, VCAT applications are now being placed on hold until the name of an appropriate legal entity is provided.

An appropriate legal entity can be; a real person, a registered company or business (registered name not trading name) or trustee of a trust that can legally enter into a contract. It is also preferred that entity to have a real interest in the application, such as: the landowner or developer.

If you find yourself in the situation where appeal documents need to be changed you may be required to apply to VCAT to amend

1. The permit application by changing the name of the permit applicant and/or 2. The application for review by changing the name of the applicant

These tid bits are part of the regular contribution made by Clause 1 Planning to INTERSECT. For more information visit www.clause1.com.au

New Materials New Possibilities

By arranging 600mm-wide Hardie™ Fine Texture Cladding lightweight panels at 90 degrees with internal and external corner junctions, they created a sharp-edged shape with a subtle texture to wrap a two-storey extension.

The next collaboration in James Hardie’s architecture series is with Nathanael Preston and Daniel Lane of Melbourne and Hobart architecture firm Preston Lane. Using Hardie™ Fine Texture Cladding and its supporting range of accessories, the team could inject fun and whimsy into their new architectural facade concept; the striking Zig-Zag house.

With the use of Hardie™ Fine Texture Cladding, the Zig-Zag House is an arresting addition to its Melbourne laneway and has become a financially feasible point of inspiration for many homeowners. This speculative project shows how innovative materials can create endless design possibilities without compromising durability or the practical elements of a build. For homeowners, this means that experimental and exciting designs are more achievable than ever before thanks to using Hardie™ Fine Texture Cladding.

Order your free Hardie™ Fine Texture Cladding Sample & Accessories kit to see it for yourself. Request yours at jameshardie.com.au/specifier

02 What’s In

In celebration of this International Women’s Day issue of INTERSECT, we are honoured to pay tribute to the extraordinarily talented Yael Kurlansky. The light that Yael brought into every design will live on through the stories her clients will continue to share.