Amendment VC282 was gazetted on Monday, introducing new Clause 54 provisions, applicable to single dwellings and small second dwellings.

The updated provisions significantly change how applications will be assessed and processed, including limiting applicable decision requirements and removing third party appeal rights.

Key changes include:

• Applications can now be processed under VicSmart if specified standards are met. A VicSmart application is exempt from notice and decision requirements under the Planning and Environment Act, and third party appeal rights.
• Any application which meets specified Clause 54 standards will be exempt from third party review, and requirements under Section 64(1), (2) and (3) of the Planning and Environment Act (grant of permit if there are objectors).
• With any application under Clause 54, the responsible authority will not be required to consider (unless an applicable decision guideline specifies otherwise), the MPS and PPF; the purpose or decision guidelines of the relevant zone; or the decision guidelines in Clause 65.
• References to neighbourhood character have been deleted from the purpose of Clause 54.

• Local variations to Clause 54 standards relating to permeability, side and rear setbacks, and walls on boundaries can no longer be specified
• Local variations to Clause 54 standard for street setback, private open space and site coverage only apply where they are more permissive than the new standards.
• New and updated sustainability objectives and standards have been included in clause 54.

The updated provisions will operate from 8 September. 2025.

Current provisions will continue to apply to an an application lodged before the commencement of the new provisions introduced by VC282, and to an amended permit application, if the original permit application was lodged before that date.

Project: West Bend House
Image courtesy of: MRTN Architects