New Townhouse & Low Rise Code - Changes to Clause 55
We are pleased to announce the recent release of the New Townhouse and Low Rise Code by the State Government, effective from March 31st, 2025. Formerly known as Rescode, this update builds upon the significant changes made to Clause 55 and introduces important deem-to-comply requirements aimed at simplifying the development process.
Key Highlights of the New Code:
- Deem-to-Comply Requirements: These provisions allow unit developments to be classified as ‘deem to comply’ if they meet all the requirements of Clause 55, effectively removing third-party appeal rights. This change is designed to streamline the approvals process and reduce the planning timeline for unit developments.
- Changes to Clause 55 Standards: The updated standards now feature revised requirements for side and rear setbacks, site coverage, additional planting requirements, as well as enhanced measures to reduce overlooking and overshadowing. Additionally, new sustainability practices and energy efficiency requirements have been introduced.
- Focus on Sustainability: The code emphasizes sustainable practices and energy efficiency, promoting responsible urban development.
It is important to note that while the criteria for overlooking, permeability, overshadowing, setbacks, and heights remain unchanged, the specific metrics within these standards have been updated. For example, the front setback requirement has been reduced from 9m to 6m.
We encourage you to familiarize yourself with these new standards and assess any current projects that could benefit from these changes, whether they are in the drafting phase or already in the planning application system. Applications currently in the system will not automatically benefit from these new requirements; an amendment (S50/S57a) must be submitted for existing applications to take advantage of the new provisions. Given the implications of amending current applications, we recommend carefully considering this approach and welcome any questions you may have.
Looking ahead, we anticipate further updates relating to Clause 54 and modifications to building regulations that will enhance housing availability:
- March 2025: A 4-storey apartment guide will be released, along with practice notes and FAQs for practitioners and the public prepared by DTP.
- April 2025: New local schedules to Clause 55 will be adopted, and Clause 54 will be updated to align with the new standards of Clause 55.
- Mid 2025: An update to the Building Regulations will be made to align with the changes to Clause 54.
Further information on the amendment and individual standards can be found at Planning Scheme Amendment VC267.
How the recent changes will interact with the Mornington Peninsula Shire’s C219 remains to be determined. Given that C219 seeks outcomes that differ from those established in the new Clause 55 requirements, it will be interesting to see how the Planning Minister responds regarding her support for C219. We understand that the Council is actively evaluating how and whether they will continue to apply C219 in light of these updates.
We welcome these changes and the opportunities they present for our community.