Last week was a big week in planning, as the State Government announced a series of changes to the planning system. This included the introduction of new zones, a new overlay, and the release of Plan for Victoria. And there’s more to come this week.

 

Update to Form and Content Provisions

On Monday, the Form and Content Provisions were updated to include schedules to the new Precinct Zone and Built Form Overlay.

Housing Choice & Transport Zone + Built Form Overlay

On Tuesday, Amendment VC257 was gazetted, introducing the new version of the previously released draft ‘Walkable Catchment Zone’ the Housing Choice & Transport Zone (HCTZ) and Built Form Overlay (BFO) into the Victoria Planning Provisions (VPP). The HCTZ sits within the residential suite of zones, at Clause 32.10. The BFO sits within the Heritage and Built Form Overlays, at Clause 43.06.

The Housing Choice and Transport Zone will be applied initially to residential zoned land within the “catchment” of identified activity centres, or approximately 10 minutes walk  of the activity centre “core”.  Key features of the zone are:

• It will provide a transition between intense and low scale built form within the activity centre.
• Maximum building heights are set out in a matrix, based on location (inner and outer catchment areas of the activity centre), site area, and site frontage. On large sites (1000sqm or more with a frontage of at least 20m) in the inner catchment (HCTZ1), a maximum height of 6 storeys and 21.5 metres will apply. On smaller sites in the outer catchment, a maximum height of 13.5m and 3 storeys will apply.
• As with other residential zone provisions, the maximum building height can be exceeded in certain circumstances.
• No exemption from notice and review for non-VicSmart applications.
• Transitional provisions are specified at Clause 32.10-13.

 

The BFO will apply to the core of an activity centre and is focused on facilitating higher density development.  Key features of this overlay include:

• A schedule must include a “development framework”.
• A schedule may specify “masterplan requirements” with masterplan requirements to be met (similar to a DPO) for specific sites.
• A schedule can include provisions which ensure the schedule prevails over inconsistencies with other provisions.
• Discretionary, mandatory, and deemed to comply standards providing for an assessment of a range of matters, including building height, floor area ratio, overshadowing of public open space, setbacks, building separation, wind impacts, and exterior design.
• A “public benefit uplift” based on “public benefit framework” can be specified in a schedule, providing a basis for exceeding mandatory standards.
• Applications exempt from notice and review.

 

New Medium Density Housing Standards

On Tuesday, initial information was released in relation to the new “Townhouse and Low-Rise Code”, to be applied through changes to Clause 55, and a separate set of 4 Storey Apartment Standards, to be introduced at Clause 57 of the VPP.

The new Townhouse and Low-Rise Code will see Clause 55 operate as a “deemed to comply” provisions, with no right of appeal for compliant applications. The 4 Storey Apartment Standards at Clause 57 will not be deemed to comply provisions.

We understand the new controls under Clauses 55 and 57 will be introduced when Amendment VC267 is gazetted on Thursday this week.

Prencinct Zone

On Friday, Amendment VC274 was gazetted, introducing the Precinct Zone to the VPP.  The Precinct Zone will sit within the suite of Special Purpose Zones, at Clause 37.10 of the VPP.

The Precinct Zone (PZ) is expected to be applied to Suburban Rail Loop (SRL) precincts, with one of its purposes being to “facilitate substantial change, public benefits and a new urban form that reflects the role of the precinct”. Key features of the PZ include:

• A requirement that a schedule must contain a “use and development framework plan” and associated “master plan requirements”
• Public benefit uplift provisions to be specified in a schedule
• Applied zone provisions to be specified in a schedule (similar to the UGZ)
• Applications exempt from notice and review.

 

Plan for Victoria

Also on Friday, Plan for Victoria was released, setting out a “state-wide vision for how Victoria will grow over time” and is structured around five pillars of: Self-determination and caring for Country; Housing for all Victorians; Accessible jobs and services; Great places, suburbs and towns; and Sustainable environments.

Commentary

The planners and urban designers at Hansen have been working through and discussing the changes announced in the past week, and those to come.

As with any new controls and policy, implementation will be critical. Some of our initial observations include:

• We anticipate the new Housing Choice and Transport Zone will be applied when plans for the 10 initial activity centres are implemented at the end of March. One aspect of this implementation we will be interested to understand is how any inconsistencies with existing overlays and policy might be resolved.
• The revised Clause 55, and new Clause 57 provisions to be introduced later this week will also be key elements of implementation, as will any future updates to Clause 58. Ideally, the standards will provide sufficient clarity to minimise debate around interpretation. Longer term it will be interesting to see whether the streamlined system has an impact on housing supply.
• We expect a substantial amount of work will be required to prepare schedules to the new Built Form Overlay and Precinct Zone and satisfying development framework and masterplan requirements.
• Given the high-level focus of Plan for Victoria, it is unclear at this stage how it might be implemented through the VPP and what will become of the more detailed policy based on Plan Melbourne.

 

As the changes continue, we look forward to working with clients and industry partners to navigate the path ahead. Expect some significant changes from existing Clause 55 provisions.

 

By Cameron Gentle, Director – Urban Planning
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