On 15 May 2018 via Amendment VC143, the Minister for Planning has approved changes to the definition of Garden Area as follows:
This is a great outcome as it will clarify the design approach to be adopted for the calculation of Garden Areas.
In addition, Amendment VC143 has made the following changes to all Victorian Planning Schemes:
- Amending Clause 32.07 (Residential Growth Zone) to remove Food and drink premises and Shop from Section 1 – Permit not required and make them Section 2 – Permit required uses subject to conditions.
- Amending Clause 32.08-4 (General Residential Zone) to enable an area to be exempt from the minimum garden area requirement through a schedule to the zone.
Amending clauses 32.08-3 (General Residential Zone) and 32.09-3 (Neighbourhood Residential Zone) to:
Exclude the creation of a vacant lot of 400 square metres or greater from the minimum garden area requirement.
Clarify that the minimum garden area requirement does not apply to:
- The creation of a vacant lot less than 400 square metres where there is a precinct structure plan or equivalent strategic plan.
- The creation of a vacant lot less than 400 square metres where there is an incorporated plan or approved development plan.
- The creation of a vacant lot less than 400 square metres where there is an approved residential development.
Amending clauses 32.08-4 (General Residential Zone) and 32.09-4 (Neighbourhood Residential Zone) to:
- Remove the minimum garden area requirement from applying to the construction or extension of a dwelling or residential building where a planning permit is not required.
- Remove the reference to garden area being required to be provided at ground level.
Clarify that the minimum garden area requirement does not apply to:
- A medium density housing site in an approved precinct structure plan or equivalent strategic plan.
- An existing building that did not meet the minimum garden area requirement prior to approval of Amendment VC110.
- A medium density housing site in an incorporated plan or approved development plan.
- Amending the Garden area definition at Clause 72 (General Terms) to provide greater clarity about garden area inclusions and exclusions.
The changes introduced by Amendment VC143 adopt a practical and common sense approach to the application of the Garden Area provisions.
Feel free to call the Planning Team if you have any queries with relation to the above or we can assist in any of your projects.