Multi dwelling development
On 6 March 2025 the State Government replaced ‘ResCode’ with the ‘Town House and Low-Rise Code’. Changes were made to Victorian Planning Schemes on 31 March 2025 to implement the Code. The changes apply to developments in residential zones that are up to four storeys in height. They intend to provide more housing by increasing certainty in the development process.
All objectives of the Code now have numerical standards. Provisions which did not have numerical standards have been deleted or re-framed. For example, there is now no objective for Neighbourhood Character. It is now defined by building setbacks, space for trees, etc.
Other changes
Other changes for development of one to three storeys include:
- Applications which meet the numerical standards of the Code must be approved. No consideration of State or Local Policy is to be undertaken. This will mean that local policies on Environmentally Sustainable Development, Preferred Neighbourhood Character, and policies which seek to prioritise higher density close to services would not apply to numerically compliant development.
- Objectors can only appeal a decision to approve a development if does not meet all the Standards. Grounds of appeal must only relate to those areas where a non-compliance with a Standard exists. For example, a concern about privacy cannot be raised as part of an appeal where the only Standard not met is site coverage.
- Local variations to Code standards which are more restrictive than the standard requirements have been deleted and are no longer permitted. This has a direct implication for many areas of Maroondah, as outlined below.
- Applications are exempt from parts of the Planning and Environment Act 1987 and the Planning Scheme. This limits what can be considered when assessing an application. For example, Council (and VCAT on appeal) can no longer consider the impact of:
- Potential land contamination on an application unless an Environmental Audit Overlay applies
- A proposal on the health of a neighbouring tree unless that tree is protected by a specific Overlay.
Altered setback and open space requirements
As a result of the amendments, smaller boundary setbacks and private open spaces are required in most areas of Maroondah. The Garden Area requirement remains unchanged however.
General Residential Zone Schedule 1
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Prior to 6 March 2025
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Current provision
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Side and rear setbacks
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Side setbacks
1.2 metres, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres.
Rear setbacks
5 metres, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres.
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Either:
At least 1 metre, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres.
OR
From the south (or near-south) boundary: At least 6 metres up to a height not exceeding 11 metres and at least 9 metres for a height over 11 metres.
From other boundaries: At least 3 metres up to a height not exceeding 11 metres and at least 4.5 metres for a height over 11 metres.
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Private open space
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An area of 80 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 60 square metres, a minimum dimension of 5 metres and convenient access from a living room, or
A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room, or
A roof-top area of 10 square metres with a minimum width of 2 metres and convenient access from a living room.
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An area of 25 square metres of secluded private open space, with a minimum dimension of 3 metres width with direct access from a living area, dining area or kitchen.; or
A balcony of 8 or 12 square metres (dimensions differ based on dwelling type and size) with direct access from a living area, dining area or kitchen.; or
An area on a podium or similar of at least 15 square metres, with a minimum dimension of 3 metreswidth with direct access from a living area, dining area or kitchen.; or
An area on a roof of at least 10 square metres, with a minimum dimension of 2 metres widthwith direct access from a living area, dining area or kitchen.
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Neighbourhood Residential Zone Schedules 1, 2, 3, 4 and 6
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Prior to 6 March 2025
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Current provision
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Side and rear setbacks
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Side setbacks
1.2 metres, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres.
Rear setbacks
5 metres, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres.
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Either:
At least 1 metre, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres.
OR
From the south (or near-south) boundary: At least 6 metres up to a height not exceeding 11 metres and at least 9 metres for a height over 11 metres.
From other boundaries: At least 3 metres up to a height not exceeding 11 metres and at least 4.5 metres for a height over 11 metres.
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Private open space
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An area of 80 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 60 square metres, a minimum dimension of 5 metres and convenient access from a living room.
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An area of 25 square metres of secluded private open space, with a minimum dimension of 3 metres width with direct access from a living area, dining area or kitchen.; or
A balcony of 8 or 12 square metres (dimensions differ based on dwelling type and size) with direct access from a living area, dining area or kitchen.; or
An area on a podium or similar of at least 15 square metres, with a minimum dimension of 3 metreswidth with direct access from a living area, dining area or kitchen.; or
An area on a roof of at least 10 square metres, with a minimum dimension of 2 metres widthwith direct access from a living area, dining area or kitchen.
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