On 27 August 2024 the State Government announced future changes to the planning assessment for residential development affecting Clause 54 and 55 of planning schemes across Victoria (ResCode). The changes include ‘deemed to comply’ standards, introduce new standards as well as delete or amend other standards. ‘Deemed to comply’ means that if a standard is met, no further consideration or assessment of the standard can be given. 

The changes flagged removal of third party appeal rights if all ‘deemed to comply’ provisions are met, so that a review of a decision could not be sought by objectors at VCAT. The community could continue to lodge objections as part of the public notice period, however there would be no opportunity for third party review of Council’s decision by an objector if an application was approved.  

In September 2024 Council made a submission to the State Government responding to the proposed changes. In Council’s submission, we expressed concern about several aspects, including the removal of the neighbourhood character standards, the shift away from evidence-based planning and the lack of data or modelling to support the proposed changes as well as the lack of transparency or consultation with Councils and the broader community. 

To read Council’s submission please visit: https://www.whitehorse.vic.gov.au/news-and-media/proposed-rescode-deemed-comply-provisions  

On 25 February 2025, the Victorian Government announced the reformed Clause 55 to be called the Townhouse and Low-Rise Code and the introduction of a new Clause 57 called the 4 Storey Apartment Standards. These were introduced to planning schemes on 6 March 2025, but with commencement delayed to 31 March 2025. Further amendments to other parts of planning schemes are proposed by the Victorian government to fully implement this major reform, including removal of local variations set out in residential zones 

For more information please visit: https://www.planning.vic.gov.au/news/articles/new-townhouse-and-low-rise-code