Recent Victorian Planning Scheme Amendments (Sept 2025)

Over the last fortnight there have been several notable Planning Scheme amendments announced by the Victorian Government that yet again has kept the Local Government and Planning & Development industry on their toes !

• Thurs 8 Sept – VC282
  Updated Clause 54 (single dwellings) to align with Clause 55 (two+ dwellings) changes introduced by VC267 (April 2025).
• Wed 10 Sept 2025 – Activity Centres

The Vic Government released the Draft zoning maps for 25 of the 50 Activity Centres across Melbourne, including heights up to 16 storeys and 4-6 soteys in the abutting catchment areas. The Government also advused that consultation for all 50 Activity Centess are expected to be completed by early 2026. They are in addition to 10 pilot centres, where new planning rules have already come into effect.

• Mon 15 Sept – VC289
  New Clause 52.37 – Canopy Trees introduced across multiple residential and mixed-use zones.
  Key rules:
  • Permit required (via VicSmart) to remove/lop canopy trees within 6m of street frontage or 4.5m of rear boundary (with exemptions).
  • Canopy tree: >5m height, >0.5m trunk circumference (at 1.4m), >4m canopy diameter.
  • New canopy trees: must reach >6m height and >4m canopy diameter.
  • Replacement planting must equal at least 20% of site area.
• Thurs 18 Sept – VC288
  VicSmart expanded to streamline approvals for:
  • Two dwellings on a lot (10-day permit if compliant with 13 Clause 55 standards, garden area & building height).
  • Two-lot subdivisions in six residential zones and five overlays, if linked to an existing dwelling permit or one dwelling permitted to be constructed in accordance with the permit.
  • Features: 10-day process, no advertising, pre-set info, CEO/delegate decides.
  • Open space contribution to Council still applies.
  • Planning overlays (e.g., vegetation, heritage, floodway) still apply.

 Observation:

Whilst a design for 2 dwellings and a 2 lot subdivision may qualify under the Clause 55 and 56 provisions as outlined below, it’s noted that any Planning Overlays (such as Vegetation, Environmental Significance, Significant Landscape, Heritage and Special Building  Floodway), still apply. As such, Vic Smart applications need to be qualified on the applicability of any relevant Planning Overlays.

A further observation is with the anticipated increase in VicSmart planning applications lodged with Local Government, there will invariably require increased staff resourcing and/or a reallocation of roles to meet the 10 day turnaround, otherwise any streamline benefits envisaged by the Vic State Government, won’t be realised.

Arborists, both private and at Council will be busy!