Neighbourhood character
The residential development provisions in Victorian planning schemes and the Victorian Building Regulations are underpinned by key measures to ensure development respects neighbourhood character.
Neighbourhood character is shaped by the combination of the public and private realms. Every property, public place or piece of infrastructure makes a contribution, whether great or small. It is the cumulative impact of all these contributions that establishes neighbourhood character.
Neighbourhood character is addressed in several ways:
Neighbourhood and Site Description
A Neighbourhood and Site Descriptionmust accompany an application that will be assessed under Clause 54 or 55 of the planning scheme.
A Neighbourhood and Site Description must describe specified aspects of the site and its neighbourhood. Detailed information is set out in the following practice notes.
Understanding Neighbourhood Character (PDF - 59 KB)
Making a planning application for a dwelling in a residential zone, December 2001 (PDF - 66 KB)
A Neighbourhood and Site Description must be satisfactory to council because it provides the basis for:
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The applicant to develop a design that meets the objectives of the planning scheme
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Council’s assessment of the design
When the council decides that the Neighbourhood and Site Description meets the requirements of the scheme and is satisfactory, it must inform the applicant in writing. The application can then continue to be assessed.
If the council decides that the Neighbourhood and Site Description does not meet the requirements of the planning scheme and is not satisfactory, it can request more information from the applicant under Section 54 of the Planning and Environment Act 1987. The request should set out clearly why the description is not satisfactory and the additional information required.
The Design Response
The Design Response must accompany the application. Many of the objectives in Clauses 54 and 55 include decision guidelines that require council to consider the Design Response when assessing whether an objective or associated standard has been met.
The Design Response is a method used by the applicant to explain how the design:
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Derives from and responds to the Neighbourhood and Site Description
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Meets the objectives of the relevant subclause within Clause 54 and 55
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Responds to the neighbourhood character features of the area identified in a local planning policy or a Neighbourhood Character Overlay.
Objectives and standards
A mandatory neighbourhood character objective and standard is the starting point for making and assessing all planning permit applications for residential development. It requires proposals assessed under Clause 54 (one dwelling on a lot) and Clause 55 (two or more dwellings on a lot and residential buildings) to respect existing or preferred neighbourhood character. Further information on the residential development provisions can be accessed in the Residential Permits section of this site.
Other objectives and standards in Clauses 54 and 55 require developments to respond to key elements of surrounding development that contribute to the character of the neighbourhood. These include:
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Street setback
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Building height
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Side and rear setbacks
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Site coverage
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Private open space
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Front fence height
Schedule to residential zones
Schedules apply to the Residential 1, Residential 2, Residential 3, Mixed Use and Township zones. The schedules can:
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Specify that a planning permit is required to construct or extend one dwelling on a lot of less than 500 sqm. If no requirement is specified in the schedule, then a lot size of 300 sqm applies
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Change the requirements of specified siting and design standards in Clauses 54 and 55 of planning schemes. These changes also affect the corresponding standards in the Victorian Building Regulations.
The standards that a council can change using the schedule are:
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Street setback
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Building height
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Side and rear setbacks
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Site coverage
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Private open space
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Front fence height
Changes to a schedule to apply the 500 sqm lot size trigger or change the requirements of a standard are implemented through an amendment to the municipal planning scheme.
Neighbourhood character overlay
The Neighbourhood Character Overlay (NCO) is a tool applied strategically to areas where the application of the residential development standards consistently fails to meet the objectives for neighbourhood character for a particular area. An NCO should not be used as a ‘blanket’ control across the municipality. Criteria regarding when a NCO can be used is detailed in the following practice note:
Using the neighbourhood character provisions in planning (PDF - 249 KB)
Under the NCO a planning permit is required to:
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Construct a building or carry out works. This includes all single dwellings, including alterations and additions.
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Demolish or remove a building if specified in a schedule to a NCO.
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Remove, destroy or lop trees if specified in a schedule to a NCO.
A schedule to the Neighbourhood Character Overlay may modify most standards in Clause 54 and Clause 55, including any requirements specified in a schedule to a Residential 1, Residential 2, Residential 3, Mixed Use or Township Zone.
A planning scheme amendment is required to introduce a NCO.
More Information
More information about the assessment of a planning application for a dwelling in a residential zone is provided in the following practice note:
Assessing an application for a dwelling in a residential zone, December 2001 (PDF - 54 KB)