Townhouse and Low-Rise Code

Amendment VC267 was gazetted by the Minister for Planning on 6 March 2025.

From March 6, 2025, any new applications for units, townhouses, and apartment buildings up to three storeys must follow the new code.

The Townhouse and Low-Rise Code introduces a new way to assess these applications.

Where do these standards apply?

Within Manningham, the new code standards apply to residential development applications within the General Residential Zone, and Residential Growth Zones.

If a development site is subject to other overlays, the relevant decision guidelines of applicable overlays must still be considered in addition to the standards of the code.

What are the changes?

The Townhouse and Low-Rise Code introduces a new way to assess applications.

The new rules include all the standards from Clause 55. If a proposal meets a standard, it automatically meets the related objective. This means that authorities (like the Council or a Tribunal) cannot consider the decision guidelines for that standard.

The code also introduces "applicable" standards. If ALL "applicable" standards are met, objectors have no third-party appeal rights, even if other standards are not fully met.

The “applicable” 13 standards” relate to neighbourhood character and amenity:

• 55.02 – Neighbourhood Character including:
  • 55.02-1 - Street setback
  • 55.02-2 - Building height
  • 55.02-3 - Side and rear setbacks
  • 55.02-4 - Walls on boundaries
  • 55.02-5 - Site coverage
  • 55.02-6 - Access
  • 55.02-7 - Tree canopy
  • 55.02-8 - Front fences
• 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

Where proposals comply with all the “applicable” standards of the Code (Clause 55 only), objectors are exempted from third party appeal rights irrespective of whether they comply with all the other remaining standards.

Information for neighbours/objectors

Applications will still be advertised, and objections can still be lodged. However, if an objection is about a standard that meets the code, the Council cannot request plan changes to address the concern.

If all "applicable" standards are met, objectors cannot apply for a review to VCAT.

If a proposed residential development also needs a permit under another planning scheme provision, like a Design and Development, Environmental, or Heritage Overlay, the objector appeal rights for that provision will still apply.

Applications for apartment buildings of four or more storeys are assessed under different provisions, and objector appeal rights remain.

Information for applicants

The new provisions codify all the standards contained within Clause 55 of the Manningham Planning Scheme. This means that where a proposal meets a standard, the corresponding objective is deemed to be met.

Applicants should familiarise themselves with the full suite of changes to Clause 55 of the Scheme. More details can be found on the Department of Transport and Planning’s website, as well as within the Manningham Planning Scheme.