Multi dwelling development

Why you need a planning permit

A planning permit is required for the construction of two or more dwellings in the residential zones. 

Clause 55 of all planning schemes applies to the development of two or more dwellings on a lot and residential buildings up to and including three storeys. 

The new Townhouse and Low-Rise Code introduces a deemed to comply assessment pathway to support faster decisions and greater certainty for townhouses and apartment buildings up to three storeys at clause 55 of the Maroondah Planning Scheme.

Clause 55 does not apply to a development of four or more storeys. Clause 57 applies to residential development of four storeys. 

How does a deemed to comply assessment work under clause 55?

  • A development must meet all of the applicable objectives contained in clause 55. 

  • If a development meets a standard: 

  • The corresponding objective is deemed to be met; 
  • The responsible authority is not required to consider the corresponding decision guidelines. 
  • If a development does not meet a standard, the responsible authority must consider the applicable decision guidelines in determining whether the corresponding objective is met. 

If an application meets certain requirements, the planning application cannot be refused on the basis of that requirement. 

When a standard is met, Council is not required to consider any other policy or decision guideline in the planning scheme and specified matters under section 60 of the P&E Act. 

Neighbourhood character

Clause 55 sets out key neighbourhood character standards for: 

  • street setback 
  • building height 
  • side and rear setbacks 
  • walls on boundaries 
  • site coverage 
  • access 
  • tree canopy 
  • front fences 

If the standard is met it meets the objective. 

If the standard is not met, council is able to assess the alternative design solution against any relevant neighbourhood character objective, policy or statement set out in the scheme. 

New exemption for third party review (VCAT appeal)

Council can still advertise multi dwelling development proposals. People can make an objection or submission to council. 

Where all the applicable standards are met, there will be no third party right of appeal (objector appeal). 

Applicable standards

  • 55.02 – All Neighbourhood character standards (street setback, building height, side and rear setback, walls on boundaries, site coverage, access, tree canopy, front fence)
  • 55.04-1 - Daylight to existing windows
  • 55.04-2 - Existing north-facing windows
  • 55.04-3 - Overshadowing secluded open space
  • 55.04-4 - Overlooking
  • 55.05-2 - Overshadowing domestic solar energy systems 

Lodging an application

Please see below for a list of information that you are required to submit to us with your application.

Planning application fees apply and must be paid with your application.

Apply for a Planning Permit

Planning Application Checklist

This checklist applies to applications to construct or extend:

  • two or more dwellings on a lot
  • dwellings on common property
  • residential buildings.

All planning applications for two or more dwellings on a lot must include:

Title

Full copy of property title, from land titles office within the last 3 months, along with any related plan of subdivision, restrictions, covenants or agreements. Available from Land Victoria or at www.landata.vic.gov.au.

Metropolitan Planning Levy

A current Metropolitan Planning Levy (MPL) Certificate must be submitted with applications with an estimated cost of development over the current levy threshold. The current threshold is indexed annually from the 2015 base of $1 million.  Certificates are valid for 90 days from the date of issue.   

You have to pay this levy if the estimated cost of the development is more than the current levy threshold. More information on the MPL and the current threshold is available from the Victorian State Revenue Office Website.

Feature and Level Survey

Feature and Level Survey is carried out by a Licensed Land Surveyor and shows:

  • the location of existing buildings on the site and on surrounding properties, including the location, length and height of walls built to the boundaries of the site
  • the location of existing trees on the site
  • how existing buildings on the land are used (or most recently used, if currently vacant, unless vacant for more than 2 years)
  • a clearly identifiable benchmark outside the front of the site
  • the difference in levels between the site and surrounding properties
  • the setback of buildings on neighbouring properties to the common boundaries
  • the width of the existing vehicle crossing/s
  • existing site contours or spot levels at regular intervals, including:
    • all corners of the property
    • at significant grade changes ( eg. retaining walls) relative to the temporary benchmark

Site Description

The neighbourhood and site description may use a site plan, photographs or other techniques and must accurately describe:

  • The built form, scale and character of surrounding development including front fencing.
  • Site shape, size, orientation and easements.
  • Levels of the site and the difference in levels between the site and surrounding properties.
  • The location of existing buildings on the site and on surrounding properties, including the location and height of walls built to the boundary of the site.
  • The use of surrounding buildings.
  • The location of secluded private open space and habitable room windows of surrounding properties which have an outlook to the site within 9 metres.
  • Solar access to the site and to surrounding properties.
  • Location of existing trees 5 metres in height or greater, with a trunk circumference of 0.5 metres or greater at 1.4 metres above ground level, on the site.
  • Any cut and filled areas of soil, where known.
  • Street frontage features such as poles, services, street trees and kerb crossovers.
  • The location of any existing domestic solar energy system on the roof of a dwelling, apartment development or residential building on surrounding properties.

If in the opinion of the responsible authority a requirement of the site description is not relevant to the evaluation of an application, the responsible authority may waive or reduce the requirement.

Design Response

A design response (fully dimensioned and to scale) explaining how the proposed design:

  • Derives from and responds to the site description at Clause 55.01-1.
  • Includes a landscape plan (refer to landscape plan requirements below).
  • Meets the objectives of Clause 57 (for Clause 57 applications only).

Correctly proportioned street elevations or photographs showing the development in context of the adjacent buildings (streetscape plan).

Written statement

A Clause 55.01 Written Statement which includes the following:

  1. Outline which Clause 55 standards are met and which are not met.
  2. If a standard is not met, the written statement must include an explanation of how the development meets the corresponding objective having regard to the corresponding decision guidelines.
  3. Include an assessment clearly showing how the standard has been met and which drawing reference number demonstrates compliance.

The following checklist prepared by the Department of Transport and Planning can be used to complete the written statement:

Written statement checklist

Landscape plan

The proposed landscape plan must be consistent with development plans and must show the following:

  1. The location, height and trunk diameter of trees to be retained and removed (trunk diameter to be measured at 1.4 metres above ground level). Retained trees must be shown with a solid line and removed trees to be shown with a dotted line.
  2. The tree protection zone and structural root zone for retained trees, including neighbouring trees, and the canopy projection for each retained tree within the subject site.
  3. Any construction methods or similar required by a suitably qualified arborist to maintain the viability of retained trees, including neighbouring trees.
  4. Proposed vegetation including location, species, number and size at maturity, and the categorisation of Tree types, ie A, B or C. The selected vegetation must respond to the site’s environment and geographic factors.
  5. In a tabulated format, the canopy area (sqm) of retained trees and proposed trees within the site; and their collective canopy coverage as a percentage of the site area (Table B2-7.1), in accordance with the requirements of Clause 55.02-7
  6. Deep soil areas and/or planter volume areas. Deep soil and planter areas must be dimensioned, including the length, width, depth; and meet the minimum dimension requirements described in Table B2-7.2.
  7. An irrigation system to support existing and planted vegetation including details of any alternative water supply sources. If appropriate, a written statement justifying why an irrigation system is not required.
  8. Details of any decking, driveways, paving, retaining walls and similar surfacing.
  9. The location of site services, clothes drying and storage with suitable pathways to them.
  10. A development summary box showing:
  • the site area.
  • the required canopy cover for the site expressed in area and as a percentage of the site’s total area.
  • the deep soil area for the site and/or the planter soil volumes provided for each tree type.

The following guidelines prepared by the Department of Transport and Planning provide information applying the standards and preparing the landscape plan:

Landscape plan checklist

Proposed Site Layout Plans

The plans must clearly show the following (where relevant):

General

  1. North point (preferably oriented to the top of the plan).
  2. A plan reference name (e.g. site layout plan), reference number, version number, date of version and version update details including date and reason for update.
  3. Development summary box including details for:
  • Total Garden Area
  • Site coverage ( the proportion of the site covered by buildings in square metres and as a percentage of the overall site area - refer to Practice Note for calculating the site coverage)
  • Impervious area coverage
  • Private open space including its orientation and size required by Table B3-5
  • Car parking
  • NatHERS maximum cooling load,
  • Minimum and maximum breeze paths
  • Storage volumes
  • Accessible dwelling design etc.

Site layout

  1. Boundaries and dimensions of the site.
  2. Slope of the land.
  3. Location and width of existing easements.
  4. Location of proposed buildings and/or extensions.
  5. Location and dimensions of crossovers, driveways, pathways and vehicle accommodation (garages, carports, etc.).
  6. Dimensions of private open space areas (width and length) and identify the square metres of additional area provided for cooling or heating units
  7. A dimensioned internal layout of existing and proposed buildings with use of rooms labelled and include the internal width and depth of all:

    - bedrooms (excluding wardrobes)
    - living areas (excluding kitchen and dining areas)
    - single aspect rooms
    - overhanging elements beyond the window of a single aspect habitable room
    - secondary area windows
    - accessible areas: door openings, door design, circulation area, path to circulation area, showers and toilets in accordance with Standard B3-1 and Table B3-12 for accessible dwellings

    - internal storage area

  8. Existing buildings and structures to be retained.
  9. Setbacks of buildings from property boundaries.
  10. Finished site levels (particularly in private open space areas to AHD).
  11. Finished floor levels of buildings and garages (to AHD).
  12. Location and depth of any proposed site cut or fill.
  13. Location and height of any retaining walls (existing or proposed).
  14. Dimensions of external shelters over the entry doors.
  15. Location, materials and height of boundary and internal fences (with a statement as to whether these are existing or proposed).

Crossover, parking and access arrangements

  1. Ramp section lengths and grades, driveway grades and width, crossover width
  2. Construction materials, levels (either through nominated spot levels or contours along the length to AHD).
  3. Locations and details of lighting of accessways and paths (i.e. low level bollard lights, etc).
  4. Setbacks of habitable room windows from shared driveways where this is less than 1.5 metres.
  5. Single garages at least 3.5 m wide x 6 m long and double garages at least 5.5 m wide x 6 m long in accordance with Clause 52.06 of Maroondah Planning Scheme.
  6. Provision of either 500 mm clearance between the tandem car space and the garage / carport or tandem car space at least 5.4 m long in accordance with Clause 52.06 of Maroondah Planning Scheme.
  7. Driveway to be either at least 5.4 m long OR less than 2.5 m long to ensure any vehicle parked on the driveway does not obstruct the footpath
  8. Pedestrian sight triangles on plans in accordance with Design Standard 1 in Clause 52.06 of Maroondah Planning Scheme. The triangles must be annotated with supporting text to indicate any object within the triangle must be 900mm or less in height. The 2m and 2.5m edges of the triangle must be aligned along the frontage road and the proposed accessway respectively.
  9. Provision of a passing area of at least 6.1 m wide x 7 m long at the property boundary in accordance with Design Standard 1 in Clause 52.06 of Maroondah Planning Scheme. (Only required if Accessway serves 10+ car spaces AND is either more than 50 m long OR adjoins a Transport Zone 2 or 3, AND does not provide a passing area (6.1 m wide x 7.0 m long) at the entrance).

Services

  1. Location and approximate dimensions of any external plant and equipment such as condensers and exhaust shafts, including details of proposed screening devices on rooftops.
  2. Location of any substation, fire booster infrastructure and utilities cupboards. These facilities must be integrated into the development. If this infrastructure has an interface with the public realm, an elevation should be provided, with annotations detailing high quality finishes.
  3. Location and dimensions of the following:
    - site services
    - mailboxes
    - bin storage areas
    - externally accessible storage areas
    - clothes drying areas at ground level
  4. Location and dimensions of the following:
    - area of existing domestic solar energy systems on the roofs of adjacent buildings
    - area of the proposed rooftop solar energy systems for each dwelling
    - location and height of any obstructions on the roof as per Standard B5-3.

Existing trees

  1. Location of vegetation to be removed (i.e.: dotted outline) and retained (i.e.: solid lines).
  2. Notations or details of any tree protection zones and structural root zone for retained trees recommended by an appropriately qualified arborist.
  3. Percentage encroachment of all buildings and works into the tree protection zone and structural root zone of retained trees. An arboricultural impact assessment will be required if the encroachment affects the SRZ or more than 10% of the TPZ.

Shadow plans

Shadow diagrams at 9am, 12 noon and 3pm at the September equinox showing the shadow cast by the proposed development.  Please note that additional shadow information may be required to assist in determining whether compliance with Clause 55 (ResCode) of the Maroondah Planning Scheme is achieved.

Proposed Elevation Plans

The elevation plans must clearly show the following:  

  1. All four sides (North, South, East and West) of all buildings (& of the overall development) proposed to remain or be constructed on the site (whether existing or proposed).
  2. Natural ground level and finished ground level (to AHD).
  3. The depth of any proposed cut and/or fill (including retaining walls).
  4. Location and height of any retaining walls
  5. Wall height from natural and finished ground level (for each building elevation).
  6. Overall building height from natural and finished ground level.
  7. If the proposal exceeds the maximum building height or contains more than the applicable maximum number of storeys, demonstrate that it is allowed under the zone. Example: clearly show where the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more (or alternative measure).
  8. If the proposal exceeds the mandatory maximum height specified in the zone, a streetscape elevation showing the difference between the proposed building height and the height of existing adjacent buildings.
  9. Proposed colours of the buildings or have sample colours attached.
  10. A dashed line showing the proposed finished floor levels.
  11. Dimension the floor to ceiling heights of all habitable rooms.
  12. The sill height of any proposed raised sill or highlight windows dimensioned from the relevant ground level for all habitable room windows within 1.5 metres of a shared accessway and from floor level for all habitable room windows that require screening.
  13. Details of construction materials proposed to be used.
  14. Front fence details showing the minimum and maximum height measured from the natural ground level at the Title Boundary (and above the footpath level if there is a significant difference).
  15. Details for all screens and fences including location, height, materials and transparency.
  16. Location and height of all mailboxes.
  17. A plan reference name, reference number, version number, date of version and version update details including date and reason for update.

Minimum Garden Area Plan

  • A dimensioned garden area plan which demonstrates compliance with the mandatory planning scheme requirements (excludes Residential Growth Zone)

Arborist Report

An arborist report is required if your site is located within a Significant Landscape Overlay (SLO) or Vegetation Protection Overlay (VPO)  and includes the removal of vegetation or is located in close proximity to vegetation on an adjoining property.

An arborist report should be prepared by a suitably qualified consultant and include the following:

  • Details of each tree proposed for retention and removal from the subject site (as well as those shown on the adjoining properties) including:
    • Its species, height and trunk circumference (measured at 1 metre above the ground)
    • Tree Protection Zone (TPZ) and Structural Root Zone (SRZ)
    • Safe useful life expectancy.
  • A Construction impact assessment comprising:
    • The percentage encroachment into all Tree Protection Zones (TPZ) by the proposed development.
    • Show where the loss of TPZ (if any) will be made up in a location that is contiguous with the TPZ.
    • The impact the proposal will have on the health and structural integrity of protected and retained trees.
    • Explain the design and construction methods proposed to minimize impacts on all trees, where buildings and works encroach into TPZs.
    • Show how protected/retained tree/s will remain viable under the proposed plans, and suggested remedial works to reduce any adverse impacts to any significant trees.
    • Recommendations to amend plans and minimise adverse impacts on protected trees during demolition and construction.
    • Recommend measures necessary to protect the trees throughout all demolition and construction stages. 
  • Identification of the trees that require a permit for removal pursuant to the SLO/VPO
  •  A site plan that clearly shows the location and numbering of each tree.

For more information