Plan PS342346D 6
09/10/2024 13:18
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34.01
31/07/2018
34.01-1
14/01/2025 VC237
ShownontheplanningschememapasB1Z,B2Z,B5ZorC1Z
Purpose
ToimplementtheMunicipalPlanningStrategyandthePlanningPolicyFramework
To create vibrant mixed use commercial centres for retail, office, business, entertainment and communityuses
To provide for residential uses at densities complementary to the role and scale of the commercialcentre.
Operation
Aschedule may apply under this zone to a planning scheme outside of metropolitan Melbourne Thatschedulemay:
specifythemaximumleasablefloorareaforoffice
specifythemaximumleasablefloorareaforshop(otherthanrestrictedretailpremises).
Table of uses
Section 1 - Permit not required
Use
Accommodation (other than Community care accommodation, Corrective institution, Rooming house and Small second dwelling)
Art and craft centre
Automated collection point
Child care centre
Cinema
Cinema based entertainment facility
Community care accommodation
Condition
Any frontage at ground floor level must not exceed 2 metres (other than a bed and breakfast and caretaker's house).
Must meet the requirements of Clause 52.13-3 and 52.13-5.
The gross floor area of all buildings must not exceed 50 square metres.
Any frontage at ground floor level must not exceed 2 metres and access must not be shared with a dwelling (other than a caretaker's house).
Any frontage at ground floor level must not exceed 2 metres.
Must meet the requirements of Clause 52.22-2.
Education centre (other than Child care centre)
Exhibition centre
Home based business
Use Condition
Informal outdoor recreation
Office
Place of worship
Railway
Retail premises (other than Shop)
Rooming house
Shop (other thanAdult sex product shop)
Tramway
Any use listed in Clause 62.01
Section 2 - Permit required
Use
Adult sex product shop
Agriculture (other thanAnimal production andApiculture)
Container deposit scheme centre
Grazing animal production
Industry (other thanAutomated collection point and Container deposit scheme centre)
Leisure and recreation facility (other than Informal outdoor recreation, Major sports and recreation facility and Motor racing track)
The leasable floor area for all offices must not exceed any amount specified in the schedule to this zone.
The gross floor area of all buildings must not exceed 250 square metres.
Any frontage at ground floor level must not exceed 2 metres.
Must meet the requirements of Clause 52.23-2.
The leasable floor area for all shops must not exceed any amount specified in the schedule to this zone.
Must meet the requirements of Clause 62.01.
Condition
Must be at least 200 metres (measured by the shortest route reasonably accessible on foot) from a residential zone or, land used for a hospital, primary school or secondary school or land in a PublicAcquisition Overlay to be acquired for a hospital, primary school or secondary school.
Must not be a purpose listed in the table to Clause 53.10.
Use Condition
Place of assembly (other than Carnival, Cinema, Cinema based entertainment facility, Circus, Exhibition centre and Place of worship)
Utility installation (other than Minor utility installation and Telecommunications facility)
Must not be a purpose listed in the table to Clause 53.10.
Warehouse Must not be a purpose listed in the table to Clause 53.10.
Any other use not in Section 1 or 3
Section 3 - Prohibited
Use
Animal production (other than Grazing animal production)
Corrective institution
Major sports and recreation facility
Motor racing track
Small second dwelling
34.01-2
15/07/2013
VC100
34.01-3
31/07/2018
VC148
Use of land
Ausemustnotdetrimentallyaffecttheamenityoftheneighbourhood,includingthroughthe:
Transportofmaterials,goodsorcommoditiestoorfromtheland.
Appearanceofanybuilding,worksormaterials.
Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust,wastewater,wasteproducts,gritoroil
Subdivision
Apermitisrequiredtosubdivideland
VicSmart applications
Subject to Clause 7106, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column2.
Class of application
Subdivide land to realign the common boundary between 2 lots where:
The area of either lot is reduced by less than 15 percent.
The general direction of the common boundary does not change.
Information requirements and decision guidelines
Clause 59.01
Class of application Information requirements and decision guidelines
Subdivide land into lots each containing an existing building or car parking space where:
The buildings or car parking spaces have been constructed in accordance with the provisions of this scheme or a permit issued under this scheme.
An occupancy permit or a certificate of final inspection has been issued under the Building Regulations in relation to the buildings within 5 years prior to the application for a permit for subdivision.
Subdivide land into 2 lots if:
The construction of a building or the construction or carrying out of works on the land:
– Has been approved under this scheme or by a permit issued under this scheme and the permit has not expired.
– Has started lawfully
The subdivision does not create a vacant lot.
Clause 59.02
Clause 59.02
34.01-4
01/12/2023 VC217
Buildings and works
Apermitisrequiredtoconstructabuildingorconstructorcarryoutworks. Thisdoesnotapplyto:
Theinstallationofanautomatictellermachine
Analterationtoanexistingbuildingfaçadeprovided:
– Thealterationdoesnotincludetheinstallationofanexternalrollershutter.
– Atleast80percentofthebuildingfacadeatgroundfloorlevelismaintainedasanentryor windowwithclearglazing
Anawningthatprojectsoveraroadifitisauthorisedbytherelevantpubliclandmanager
AnapartmentdevelopmentmustmeettherequirementsofClause58.
VicSmart applications
Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column2
Class of application Information requirements and decision guidelines
Construct a building or construct or carry out works with an estimated cost of up to $500,000 where the land is not:
Within 30 metres of land (not a road) which is in a residential zone.
Used for a purpose listed in the table to Clause 53.10.
Used for anAdult sex product shop.
Clause 59.04
34.01-5
31/03/2025 VC267
Transitional provisions
Clause58doesnotapplyto:
AnapplicationforaplanningpermitlodgedbeforetheapprovaldateofAmendmentVC136
An application for an amendment of a permit under section 72 of the Act, if the original permitapplicationwaslodgedbeforetheapprovaldateofAmendmentVC136
Maintenance
All buildings and works must be maintained in good order and appearance to the satisfaction of theresponsibleauthority.
Neighbourhood and site description and design response
An application for any of the following must be accompanied by a site description and a design responseasdescribedinClause54.01,55.01or57.01,asappropriate:
Constructionorextensionofonedwellingonalotoflessthan300squaremetres
Constructionofadwellingifthereisatleastonedwellingexistingonthelot
Constructionoftwoormoredwellingsonalot
Extensionofadwellingiftherearetwoormoredwellingsonthelot.
Constructionorextensionofadwellingoncommonproperty.
Constructionorextensionofaresidentialbuilding.
Clause3401-5doesnotapplytoanapartmentdevelopment
Satisfactory neighbourhood and site description before notice and decision
If the responsible authority decides that the neighbourhood and site description is not satisfactory,itmayrequiremoreinformationfromtheapplicantunderSection54oftheAct.
The responsible authority must not require notice of an application to be given or decide an application until it is satisfied that the neighbourhood and site description meets the requirementsofClause5401andissatisfactory
This does not apply if the responsible authority refuses an application under Section 52(1A) of theAct
34 01-6
14/01/2025 VC237
Application requirements
Use
Anapplicationtouselandmustbeaccompaniedbythefollowinginformation,asappropriate:
Thepurposeoftheuseandthetypesofactivitieswhichwillbecarriedout
The likely effects, if any, on adjoining land, including noise levels, traffic, the hours of delivery and despatch of goods and materials, hours of operation and light spill, solar access andglare.
Themeansofmaintaininglandnotrequiredforimmediateuse.
Ifanindustryorwarehouse:
– Thetypeandquantityofgoodstobestored,processedorproduced
– Whether a Development Licence, Operating Licence, Permit or Registration is required fromtheEnvironmentProtectionAuthority.
34.01-7
31/07/2018 VC148
– Whether a notification under the Occupational Health and Safety Regulations 2017 is required, a licence under the Dangerous Goods Act 1985 is required, or a fire protection quantity under the Dangerous Goods (Storage and Handling) Regulations 2022 is exceeded
– The likely effects on adjoining land, including air-borne emissions and emissions to land andwater.
Buildings and works
An application to construct a building or construct or carry out works must be accompanied by thefollowinginformation,asappropriate:
Aplandrawntoscalewhichshows:
– Theboundariesanddimensionsofthesite
– Adjoiningroads.
– Thelocation,heightandpurposeofbuildingsandworksonadjoiningland.
– Relevantgroundlevels
– Thelayoutofexistingandproposedbuildingsandworks
– Alldriveway,carparkingandloadingareas
– Proposedlandscapeareas
– Allexternalstorageandwastetreatmentareas.
– Areasnotrequiredforimmediateuse.
Elevationdrawingstoscaleshowingthecolourandmaterialsofallbuildingsandworks
Constructiondetailsofalldrainageworks,driveways,vehicleparkingandloadingareas
Alandscape layout which includes the description of vegetation to be planted, the surfaces to be constructed, site works specification and method of preparing, draining, watering and maintainingthelandscapearea.
An application to construct or extend an apartment development, or to construct or extend a dwelling in or forming part of an apartment development, must be accompanied by an urban contextreportanddesignresponseasrequiredinClause5801
Exemption from notice and review
An application to subdivide land or construct a building or construct or carry out works is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act. This exemption does not apply to land within 30 metres of land (not a road) which is in a residential zone, land used for a hospital or an education centre or land in a PublicAcquisition Overlay to be acquired forahospitaloraneducationcentre
34.01-8
31/03/2025 VC267
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsibleauthoritymustconsider,asappropriate:
General
TheMunicipalPlanningStrategyandthePlanningPolicyFramework
Theinterfacewithadjoiningzones,especiallytherelationshipwithresidentialareas
Thedrainageoftheland
Theavailabilityofandconnectiontoservices
Theeffectoftraffictobegeneratedonroads
Theinterimuseofthosepartsofthelandnotrequiredfortheproposeduse.
Subdivision
Provision for vehicles providing for supplies, waste removal and emergency services and publictransport.
The effect the subdivision will have on the potential of the area to accommodate the uses whichwillmaintainorenhanceitscompetitivestrengths.
Building and works
The movement of pedestrians and cyclists, and vehicles providing for supplies, waste removal,emergencyservicesandpublictransport
Theprovisionofcarparking
Thestreetscape,includingtheconservationofbuildings,thedesignofverandahs,accessfrom the street front, protecting active frontages to pedestrian areas, the treatment of the fronts and backs of buildings and their appurtenances, illumination of buildings or their immediate spacesandthelandscapingoflandadjoiningaroad.
Thestorageofrubbishandmaterialsforrecycling.
Definingtheresponsibilityforthemaintenanceofbuildings,landscapingandpavedareas
Consideration of the overlooking and overshadowing as a result of building or works affecting adjoining land in a General Residential Zone, Housing Choice and Transport Zone, NeighbourhoodResidentialZone,ResidentialGrowthZoneorTownshipZone
The impact of overshadowing on existing rooftop solar energy systems on dwellings on adjoininglotsinaGeneralResidentialZone,HousingChoiceandTransportZone,MixedUse Zone,NeighbourhoodResidentialZone,ResidentialGrowthZoneorTownshipZone.
Theavailabilityofandconnectiontoservices
Thedesignofbuildingstoprovideforsolaraccess
The objectives, standards and decision guidelines of Clause 54, Clause 55 and Clause 57 Thisdoesnotapplytoanapartmentdevelopment.
For an apartment development, the objectives, standards and decision guidelines of Clause 58.
Transitional provisions
The objectives, standards and decision guidelines of Clause 55 of this scheme, as in force immediatelybeforetheapprovaldateofAmendmentVC136,continuestoapplyto:
Anapplicationforaplanningpermitlodgedbeforethatdate
An application for an amendment of a permit under section 72 of the Act, if the original permitapplicationwaslodgedbeforethatdate.
Clauses 55 and 58 of this scheme, as in force immediately before the approval date of AmendmentVC174,continuetoapplyto:
Anapplicationforaplanningpermitlodgedbeforethatdate.
An application for an amendment of a permit under section 72 of the Act, if the original permitapplicationwaslodgedbeforethatdate
34 01-9
Clause 55 of this planning scheme, as in force immediately before the approval date of AmendmentVC267,continuestoapplyto:
Anapplicationforaplanningpermitlodgedbeforethatdate.
An application for an amendment of a permit under section 72 of the Act, if the original permitapplicationwaslodgedbeforethatdate.
31/07/2018 VC148 Signs
SignrequirementsareatClause5205 ThiszoneisinCategory1
42.02
31/07/2018 VC148
42.02-1
31/07/2018 VC148
VEGETATION PROTECTION OVERLAY
ShownontheplanningschememapasVPOwithanumber
Purpose
ToimplementtheMunicipalPlanningStrategyandthePlanningPolicyFramework
Toprotectareasofsignificantvegetation
Toensurethatdevelopmentminimiseslossofvegetation
Topreserveexistingtreesandothervegetation.
To recognise vegetation protection areas as locations of special significance, natural beauty, interestandimportance.
Tomaintainandenhancehabitatandhabitatcorridorsforindigenousfauna
Toencouragetheregenerationofnativevegetation
Vegetation significance and objectives
Ascheduletothisoverlaymustcontain:
Astatementofthenatureandsignificanceofthevegetationtobeprotected.
Thevegetationprotectionobjectivestobeachieved.
42.02-2
28/10/2022
VC224
Permit requirement
A permit is required to remove, destroy or lop any vegetation specified in a schedule to this overlay
Thisdoesnotapply:
IfthetabletoClause42.02-3specificallystatesthatapermitisnotrequired.
To the removal, destruction or lopping of native vegetation in accordance with a native vegetationprecinctplanspecifiedinthescheduletoClause5216
VicSmart applications
Subject to Clause 7106, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column2.
Class of application
Remove, destroy or lop one tree provided:
A permit has not been granted for a VicSmart application to remove, destroy or lop a tree on the same land within the last 12months
There is no other current VicSmart application to remove, destroyorlopatreeonthesameland.
Information requirements and decision guidelines
Clause 59.06
The requirement to obtain a permit does not apply to:
Emergency works
Vegetation that is to be removed, destroyed or lopped: in an emergency by, or on behalf of, a public authority or municipal council to create an emergency access or to enable emergency works; or where it presents an immediate risk of personal injury or damage to property Only that part of the vegetation that presents the immediate risk may be removed, destroyed or lopped under this exemption.
Extractive industry
Fire protection
Geothermal energy exploration and extraction
Greenhouse gas sequestration and exploration
Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary to enable the carrying out of extractive industry in accordance with a work plan approved under the Mineral Resources (Sustainable Development) Act 1990 and authorised by a work authority granted under thatAct.
Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary to enable the carrying out of any of the following fire protection activities: fire fighting; planned burning;
making or maintenance of a fuelbreak or fire fighting access track (or any combination thereof) that does not exceed a combined width of 6 metres; making a strategic fuelbreak up to 40 metres wide by, or on behalf of, a public authority in accordance with a strategic fuelbreak plan approved by the Secretary to the Department of Environment, Land, Water and Planning (as constituted under Part 2 of the Conservation, Forests and Lands Act 1987 ); is ground fuel within 30 metres of a building and is vegetation other than native vegetation;
in accordance with a fire prevention notice issued under either:
– section 87 of the Fire Rescue Victoria Act 1958 ;
– section 65 of the Forests Act 1958 ; or
– section 41 of the Country Fire Authority Act 1958
keeping vegetation clear of, or minimising risk of bushfire ignition from, an electric line in accordance with a code of practice prepared under Part 8 of the Electricity Safety Act 1998 ;
minimising the risk to life and property from bushfire on a roadside of a public road managed by the relevant responsible road authority, and carried out by, or on behalf of that authority in accordance with the written agreement of the Secretary to the Department of Environment, Land, Water and Planning (as constituted under Part 2 of the Conservation, Forests and Lands Act 1987 ). In this exemption, roadside, public road and responsible road authority have the same meanings as in section 3 of the Road Management Act 2004
Note: Additional permit exemptions for bushfire protection are provided at Clause 52.12.
Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary in accordance with an operation plan approved under the Geothermal Energy Resources Act 2005
Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary in accordance with an operation plan approved under the Greenhouse Gas Geological Sequestration Act 2008
The requirement to obtain a permit does not apply to:
Land management and directions notice
Land use conditions
Mineral exploration and extraction
Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary to comply with a land management notice or directions notice served under the Catchment and Land Protection Act 1994
Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary to comply with a land use condition served under the Catchment and Land Protection Act 1994
Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary by the holder of an exploration, mining, prospecting, or retention licence issued under the Mineral Resources (Sustainable Development) Act 1990:
that is low impact exploration within the meaning of Schedule 4Aof the Mineral Resources (Sustainable Development) Act 1990 ; or
in accordance with a work plan approved under Part 3 of the Mineral Resources (Sustainable Development) Act 1990 .
Note: Schedule 4A of the Mineral Resources (Sustainable Development) Act 1990 specifies limits on the extent of native vegetation that may be removed as part of low impact exploration.
Noxious weeds
Pest animal burrows
Planted vegetation
Railways
Vegetation that is a noxious weed subject of a declaration under section 58 or section 58Aof the Catchment and Land Protection Act 1994 This exemption does not apply toAustralian Dodder ( Cuscuta australis ).
Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary to enable the removal of pest animal burrows.
In the case of native vegetation the written agreement of an officer of the department responsible for administering the Flora and Fauna Guarantee Act 1988 is required before the vegetation can be removed, destroyed or lopped.
Vegetation that is to be removed, destroyed or lopped that was either planted or grown as a result of direct seeding for Crop raising or Grazing animal production.
Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary to maintain the safe and efficient function of an existing railway, or railway access road, in accordance with the written agreement of the Secretary to the Department of Environment, Land, Water and Planning (as constituted under Part 2 of the Conservation, Forests and Lands Act 1987 ).
Regrowth
Road safety
Vegetation that is to be removed, destroyed or lopped that has naturally established or regenerated on land lawfully cleared of naturally established vegetation, and is:
bracken ( Pteridium esculentum ); or within the boundary of a timber production plantation, as indicated on a Plantation Development Notice or other documented record, and has established after the plantation.
This exemption does not apply to land on which vegetation has been destroyed or otherwise damaged as a result of flood, fire or other natural disaster
Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary by and on behalf of a public authority or municipal council to maintain the safe and efficient function of an existing public road in accordance with the written agreement of the Secretary to the Department of Environment, Land, Water and Planning (as constituted under Part 2 of the Conservation, Forests and Lands Act 1987 ).
The requirement to obtain a permit does not apply to:
Stone exploration Vegetation is to be removed, destroyed or lopped to the minimum extent necessary to enable the carrying out of Stone exploration.
The maximum extent of vegetation removed, destroyed or lopped under this exemption on contiguous land in the same ownership in a five year period must not exceed any of the following:
1 hectare of vegetation which does not include a tree.
15 trees with a trunk diameter of less than 40 centimetres at a height of 1.3 metres above ground level.
5 trees with a trunk diameter of 40 centimetres or more at a height of 1.3 metres above ground level.
This exemption does not apply to costeaning and bulk sampling activities.
Surveying Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary by, or on behalf of, a licenced surveyor (within the meaning of section 3 of the Surveying Act 2004 ) using hand-held tools to establish a sightline for the measurement of land.
Traditional owners Vegetation that is to be removed, destroyed or lopped by a person acting under, and in accordance with:
a natural resources agreement under Part 6 of the Traditional Owners Settlement Act 2010 ; or
an authorisation order made under sections 82 or 84 of the Traditional Owner Settlement Act 2010 as those sections were in force immediately before the commencement of section 24 of the Traditional owners Settlement Amendment Act in 2016 (1 May 2017).
Tram stops
Transport land
Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary by or on behalf of the Head, Transport for Victoria to construct a tram stop, including a tram stop shelter
Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary by or on behalf of the Head, Transport for Victoria on land in aTransport Zone, or in a PublicAcquisition Overlay if the Head, Transport for Victoria is the acquiring authority, to construct or maintain transport system infrastructure.
Application requirements
Anapplicationmustbeaccompaniedbyanyinformationspecifiedinascheduletothisoverlay 42.02-5
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsibleauthoritymustconsider,asappropriate:
TheMunicipalPlanningStrategyandthePlanningPolicyFramework
The statement of the nature and significance of the vegetation to be protected and the vegetationprotectionobjectivecontainedinascheduletothisoverlay.
The effect of the proposed use, building, works or subdivision on the nature and type of vegetationtobeprotected
Theroleofnativevegetationinconservingfloraandfauna
The need to retain native or other vegetation if it is rare, supports rare species of flora or faunaorformspartofawildlifecorridor.
The need to retain vegetation which prevents or limits adverse effects on ground water recharge
Theneedtoretainvegetation:
– Wheregroundslopesexceed20percent.
– Within30metresofawaterwayorwetland.
– Onlandwherethesoilorsubsoilmaybecomeunstableifcleared.
– Onlandsubjecttoorwhichmaycontributetosoilerosion,slippageorsalinisation
– In areas where the removal, destruction or lopping of vegetation could adversely affect the integrity or long term preservation of an identified site of scientific, nature conservation or culturalsignificance
– Whichisofheritageorculturalsignificance.
The need to remove, destroy or lop vegetation to create a defendable space to reduce the risk ofbushfiretolifeandproperty.
Any relevant permit to remove, destroy or lop vegetation in accordance with a land managementplanorworksprogram
Whethertheapplicationincludesalandmanagementplanorworksprogram
Whetherprovisionismadeoristobemadetoestablishandmaintainvegetationelsewhereon theland.
Anyothermattersspecifiedinascheduletothisoverlay.
43.02
31/07/2018 VC148
43 02-1
19/01/2006 VC37
43.02-2
28/02/2025 VC274
ShownontheplanningschememapasDDOwithanumber
Purpose
ToimplementtheMunicipalPlanningStrategyandthePlanningPolicyFramework
To identify areas which are affected by specific requirements relating to the design and built formofnewdevelopment
Design objectives
Aschedule to this overlay must contain a statement of the design objectives to be achieved for theareaaffectedbytheschedule.
Buildings and works
Permit requirement
Apermitisrequiredto:
Constructabuildingorconstructorcarryoutworks Thisdoesnotapply:
– Ifascheduletothisoverlayspecificallystatesthatapermitisnotrequired.
– To the construction of an outdoor swimming pool associated with a dwelling unless a specificrequirementforthismatterisspecifiedinascheduletothisoverlay
– To the construction of a building or construction or carrying out of works for a small seconddwellingifallthefollowingrequirementsaremet:
– Thebuildingheightmustnotexceed5metres
– Thebuildingmustbefinishedusingmutedtonesandcolours. Constructafenceifspecifiedinascheduletothisoverlay.
Buildings and works must be constructed in accordance with any requirements in a schedule to thisoverlay Aschedulemayincluderequirementsrelatingto:
Buildingsetbacks.
Buildingheight.
Plotratio
Landscaping
Anyotherrequirementsrelatingtothedesignorbuiltformofnewdevelopment
Apermitmaybegrantedtoconstructabuildingorconstructorcarryoutworkswhicharenotin accordance with any requirement in a schedule to this overlay, unless the schedule specifies otherwise
VicSmart applications
Subject to Clause 7106, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column2
Class of application
and decision guidelines
Class of application
Construct a building or construct or carry out works for:
Acarport, garage, pergola, verandah, deck, shed or similar structure.
An outdoor swimming pool.
The buildings and works must be associated with a dwelling.
Construct a building or construct or carry out works with an estimated cost of up to $1,000,000 where the land is in an industrial zone.
Construct a building or construct or carry out works with an estimated cost of up to $500,000 where the land is in a commercial zone or a Special Use Zone, Comprehensive Development Zone, Capital City Zone, Docklands Zone, Priority Development Zone,Activity Centre Zone or Precinct Zone.
Exemption from notice and review
Clause 59.05
Clause 59.05
Clause 59.05
A schedule to this overlay may specify that an application is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3)andthereviewrightsofsection82(1)oftheAct
Subdivision
Permit requirement
Apermitisrequiredtosubdivideland
Thisdoesnotapplyifascheduletothisoverlayspecificallystatesthatapermitisnotrequired
Subdivision must occur in accordance with any lot size or other requirement specified in a scheduletothisoverlay
Apermit may be granted to subdivide land which is not in accordance with any lot size or other requirementinascheduletothisoverlay,unlesstheschedulespecifiesotherwise.
VicSmart applications
Subject to Clause 7106, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column2
Subdivide land to realign the common boundary between 2 lots where:
The area of either lot is reduced by less than 15 percent.
The general direction of the common boundary does not change.
Subdivide land into lots each containing an existing building or car parking space where:
The buildings or car parking spaces have been constructed in accordance with the provisions of this scheme or a permit issued under this scheme.
Clause 59.01
Clause 59.02
Class of application
An occupancy permit or a certificate of final inspection has been issued under the Building Regulations in relation to the buildings within 5 years prior to the application for a permit for subdivision.
Subdivide land into 2 lots if:
The construction of a building or the construction or carrying out of works on the land:
– Has been approved under this scheme or by a permit issued under this scheme and the permit has not expired.
– Has started lawfully
The subdivision does not create a vacant lot.
Exemption from notice and review
43.02-4
31/07/2018
Information requirements and decision guidelines
A schedule to this overlay may specify that an application is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3)andthereviewrightsofsection82(1)oftheAct.
VC148 Signs
43.02-5
31/07/2018
VC148
43.02-6
31/07/2018
VC148
SignrequirementsareatClause52.05unlessotherwisespecifiedinascheduletothisoverlay.
Application requirements
Anapplicationmustbeaccompaniedbyanyinformationspecifiedinascheduletothisoverlay.
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsibleauthoritymustconsider,asappropriate:
TheMunicipalPlanningStrategyandthePlanningPolicyFramework
Thedesignobjectivesoftherelevantscheduletothisoverlay
Theprovisionsofanyrelevantpoliciesandurbandesignguidelines.
Whether the bulk, location and appearance of any proposed buildings and works will be in keepingwiththecharacterandappearanceofadjacentbuildings,thestreetscapeorthearea.
Whether the design, form, layout, proportion and scale of any proposed buildings and works is compatible with the period, style, form, proportion, and scale of any identified heritage placessurroundingthesite
Whether any proposed landscaping or removal of vegetation will be in keeping with the characterandappearanceofadjacentbuildings,thestreetscapeorthearea.
The layout and appearance of areas set aside for car parking, access and egress, loading and unloadingandthelocationofanyproposedoffstreetcarparking
Whether subdivision will result in development which is not in keeping with the character andappearanceofadjacentbuildings,thestreetscapeorthearea
Anyothermattersspecifiedinascheduletothisoverlay
Clause 59.02
31/07/2018
VC148
45.06-1
19/01/2006
VC37
45.06-2
19/01/2006
VC37
ShownontheplanningschememapasDCPOwithanumber
Purpose
ToimplementtheMunicipalPlanningStrategyandthePlanningPolicyFramework
To identify areas which require the preparation of a development contributions plan for the purpose of levying contributions for the provision of works, services and facilities before developmentcancommence.
Development contributions plan
A permit must not be granted to subdivide land, construct a building or construct or carry out worksuntiladevelopmentcontributionsplanhasbeenincorporatedintothisscheme.
This does not apply to the construction of a building, the construction or carrying out of works orasubdivisionspecificallyexcludedbyascheduletothisoverlay
Apermitgrantedmust:
Beconsistentwiththeprovisionsoftherelevantdevelopmentcontributionsplan.
Include any conditions required to give effect to any contributions or levies imposed, conditionsorrequirementssetoutintherelevantscheduletothisoverlay.
Preparation of a development contributions plan
The development contributions plan may consist of plans or other documents and may, with the agreementoftheplanningauthority,bepreparedandimplementedinstages
Thedevelopmentcontributionsplanmust:
Specifytheareatowhichtheplanapplies.
Set out the works, services and facilities to be funded through the plan, including the staging oftheprovisionofthoseworks,servicesandfacilities
Relatetheneedfortheworks,servicesorfacilitiestotheproposeddevelopmentoflandinthe area
Specifytheestimatedcostsofeachoftheworks,servicesandfacilities.
Specify the proportion of the total estimated costs of the works, services and facilities which is to be funded by a development infrastructure levy or community infrastructure levy or both
Specify the land in the area and the types of development in respect of which a levy is payable and the method for determining the levy payable in respect of any development of land
Providefortheproceduresforthecollectionofadevelopmentinfrastructurelevyinrespectto anydevelopmentforwhichapermitisnotrequired.
Thedevelopmentcontributionsplanmay:
Exempt certain land or certain types of development from payment of a development infrastructurelevyorcommunityinfrastructurelevyorboth.
Provide for different rates or amounts of levy to be payable in respect of different types of developmentoflandordifferentpartsofthearea
