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The requirements of Clause 54 in a Neighbourhood Character Overlay

Here is a summary of the standards (requirements) that must be met by your application in order to satisfy the specified requirements Clause 54.

    • A1 Neighbourhood character
    • A2 Integration with the street
    • A3 Street setback
    • A4 Building height
    • A5 Site coverage
    • A6 Permeability
    • A10 Side and rear setbacks
    •  A11 Walls on boundaries
    •  A12 Daylight to existing windows
    •  A13 North-facing windows
    •  A19 Design detail
    •  A20 Front fences

These standards must be included in proposed design, and therefore included in your plans. Give this list to who ever is drafting your plans to ensure the standards are met. Remember to check if there is a schedule to the zone that modifies these objectives and standards.

54.02-1 Neighbourhood character objective
To ensure that the design respects the existing neighbourhood character or contributes to a preferred neighbourhood character. To ensure that the design responds to the features of the site and the surrounding area.

Standard A1

    • The design response must be appropriate to the neighbourhood and the site.
    • The proposed design must respect the existing or preferred neighbourhood character and respond to the features of the site.

Decision guidelines
Before deciding on an application, the responsible authority must consider:

    • Any relevant neighbourhood character objective, policy or statement set out in this scheme.
    • The neighbourhood and site description.
    • The design response. 54.02-2

54.02-2 Integration with the street objective
To integrate the layout of development with the street.

Standard A2

    • Dwellings should be oriented to front existing and proposed streets.
    • High fencing in front of dwellings should be avoided if practicable.
    • Dwellings should be designed to promote the observation of abutting streets and any abutting public open spaces.

Decision guidelines
Before deciding on an application, the responsible authority must consider:

    • Any relevant neighbourhood character objective, policy or statement set out in this scheme.
    • The design response

54.03-1 Street setback objective
To ensure that the setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site.

Standard A3
Walls of buildings should be set back from streets:

    • At least the distance specified in a schedule to the zone, or
    • If no distance is specified in a schedule to the zone, the distance specified in Table A1 Street setback.

Porches, pergolas and verandahs that are less than 3.6 metres high and eaves may encroach not more than 2.5 metres into the setbacks of this standard.

Decision guidelines
Before deciding on an application, the responsible authority must consider:

    • Any relevant neighbourhood character objective, policy or statement set out in this scheme.
    • The design response.
    • Whether a different setback would be more appropriate taking into account the prevailing setbacks of existing buildings on nearby lots.
    • The visual impact of the building when viewed from the street and from adjoining properties.
    • The value of retaining vegetation within the front setback.

54.03-2 Building height objective
To ensure that the height of buildings respects the existing or preferred neighbourhood character.

Standard A4
The maximum building height should not exceed the maximum height specified in the zone, schedule to the zone or an overlay that applies to the land.

If no maximum height is specified in the zone, schedule to the zone or an overlay, the maximum building height should not exceed 9 metres, unless 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, in which case the maximum building height should not exceed 10 metres.

Changes of building height between existing buildings and new buildings should be graduated.

Decision guidelines
Before deciding on an application, the responsible authority must consider:

    • Any relevant neighbourhood character objective, policy or statement set out in this scheme.
    • Any maximum building height specified in the zone, a schedule to the zone or an overlay applying to the land.
    • The design response.
    • The effect of the slope of the site on the height of the building.
    • The relationship between the proposed building height and the height of existing adjacent buildings.
    • The visual impact of the building when viewed from the street and from adjoining properties.

54.03-3 Site coverage objective
To ensure that the site coverage respects the existing or preferred neighbourhood character and responds to the features of the site.

Standard A5
The site area covered by buildings should not exceed:

    • The maximum site coverage specified in a schedule to the zone, or
    • If no maximum site coverage is specified in a schedule to the zone, 60 per cent.

Decision guidelines
Before deciding on an application, the responsible authority must consider:

    • Any relevant neighbourhood character objective, policy or statement set out in this scheme.
    • The design response.
    • The existing site coverage and any constraints imposed by existing development or the features of the site.
    • The site coverage of adjacent properties.
    • The effect of the visual bulk of the building and whether this is acceptable in the neighbourhood.

54.03-4 Permeability objectives
To reduce the impact of increased stormwater run-off on the drainage system. To facilitate on-site stormwater infiltration.

Standard A6

    • The site area covered by pervious surfaces should be at least:
    • The minimum area specified in a schedule to the zone; or
    • If no minimum area is specified in a schedule to the zone, 20 per cent of the site.

Decision guidelines
Before deciding on an application, the responsible authority must consider:

    • The design response.
    • The existing site coverage and any constraints imposed by existing development.
    • The capacity of the drainage network to accommodate additional stormwater.
    • The capacity of the site to absorb run-off.
    • The practicality of achieving the minimum site coverage of pervious surfaces, particularly on lots of less than 300 square metres.

54.04-1 Side and rear setbacks objective
To ensure that the height and setback of a building from a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

Standard A10
A new building not on or within 200mm of a boundary should be set back from side or rear boundaries:

    • At least the distance specified in a schedule to the zone, or
    • If no distance is specified in a schedule to the zone, 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.

Sunblinds, verandahs, porches, eaves, fascias, gutters, masonry chimneys, flues, pipes, domestic fuel or water tanks, and heating or cooling equipment or other services may encroach not more than 0.5 metres into the setbacks of this standard.

Landings having an area of not more than 2 square metres and less than 1 metre high, stairways, ramps, pergolas, shade sails and carports may encroach into the setbacks of this standard.

View Diagram A1 Side and rear setbacks

Decision guidelines
Before deciding on an application, the responsible authority must consider:

    • Any relevant neighbourhood character objective, policy or statement set out in this scheme.
    • The design response.
    • The impact on the amenity of the habitable room windows and secluded private open space of existing dwellings.
    • Whether the wall is opposite an existing or simultaneously constructed wall built to the boundary.
    • Whether the wall abuts a side or rear lane.

54.04-2 Walls on boundaries objective
To ensure that the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing  dwellings.

Standard A11
A new wall constructed on or within 200mm of a side or rear boundary of a lot or a carport constructed on or within 1 metre of a side or rear boundary of a lot should not abut the boundary:

    • For a length more than the distance specified in a schedule to the zone; or
    • If no distance is specified in a schedule to the zone, for a length of more than:
      • 10 metres plus 25 per cent of the remaining length of the boundary of an adjoining lot, or
      • Where there are existing or simultaneously constructed walls or carports abutting the boundary on an abutting lot, the length of the existing or simultaneously constructed walls or carports,
    • whichever is the greater.

A new wall or carport may fully abut a side or rear boundary where the slope and retaining walls or fences would result in the effective height of the wall or carport being less than 2metres on the abutting property boundary.

A building on a boundary includes a building set back up to 200mm from a boundary.

The height of a new wall constructed on or within 200mm of a side or rear boundary or a carport constructed on or within 1 metre of a side or rear boundary should not exceed an average of 3.2 metres with no part higher than 3.6 metres unless butting a higher existing or simultaneously constructed wall.

Decision guidelines
Before deciding on an application, the responsible authority must consider:

    • Any relevant neighbourhood character objective, policy or statement set out in this scheme.
    • The design response.
    • The extent to which walls on boundaries are part of the neighbourhood character.
    • The visual impact of the building when viewed from adjoining properties.
    • The impact on the amenity of existing dwellings.
    • The opportunity to minimise the length of walls on boundaries by aligning a new wall on a boundary with an existing wall on a lot of an adjoining property.
    • The orientation of the boundary that the wall is being built on.
    • The width of the lot.
    • The extent to which the slope and retaining walls or fences reduce the effective height of the wall.
    • Whether the wall abuts a side or rear lane.
    • The need to increase the wall height to screen a box gutter.

54.04-3 Daylight to existing windows objective
To allow adequate daylight into existing habitable room windows.

Standard A12
Buildings opposite an existing habitable room window should provide for a light court to the existing window that has a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky. The calculation of the area may include land on the abutting lot.

Walls or carports more than 3 metres in height opposite an existing habitable room window should be set back from the window at least 50 per cent of the height of the new wall if the wall is within a 55 degree arc from the centre of the existing window. The arc may be swung to within 35 degrees of the plane of the wall containing the existing window.

Where the existing window is above ground floor level, the wall height is measured from the floor level of the room containing the window.

View Diagram A2 Daylight to existing windows

Decision guidelines
Before deciding on an application, the responsible authority must consider:

    • The design response.
    • The extent to which the existing dwelling has provided for reasonable daylight access to its habitable rooms through the siting and orientation of its habitable room windows.
    • The impact on the amenity of existing dwellings.

54.04-4 North-facing windows objective
To allow adequate solar access to existing north-facing habitable room windows.

Standard A13
If a north-facing habitable room window of an existing dwelling is within 3 metres of a boundary on an abutting lot, a building should be setback from the boundary 1 metre, plus 0.6 metre 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, for a distance of 3 metres from the edge of each side of the window. A north-facing window is a window with an axis perpendicular to its surface oriented north 20 degrees west to north 30 degrees east.

View Diagram A3 North-facing windows

Decision guidelines

    • Before deciding on an application, the responsible authority must consider:
    • The design response.
    • Existing sunlight to the north-facing habitable room window of the existing dwelling.
    • The impact on the amenity of existing dwellings.

54.06-1 Design detail objective
To encourage design detail that respects the existing or preferred neighbourhood character.

Standard A19
The design of buildings, including:

    • Facade articulation and detailing,
    • Window and door proportions,
    • Roof form, and
    • Verandahs, eaves and parapets,

should respect the existing or preferred neighbourhood character.

Garages and carports should be visually compatible with the development and the existing or preferred neighbourhood character.

Decision guidelines

    • Before deciding on an application, the responsible authority must consider:
    • Any relevant neighbourhood character objective, policy or statement set out in this scheme.
    • The design response.
    • The effect on the visual bulk of the building and whether this is acceptable in the neighbourhood setting.
    • Whether the design is innovative and of a high architectural standard.

54.06-2 Front fences objective
To encourage front fence design that respects the existing or preferred neighbourhood character.

Standard A20
The design of front fences should complement the design of the dwelling and any front fences on adjoining properties.

A front fence within 3 metres of a street should not exceed:

    • The maximum height specified in a schedule to the zone, or
    • If no maximum height is specified in a schedule to the zone, the maximum height specified in Table A2 Maximum front fence height.

Decision guidelines
Before deciding on an application, the responsible authority must consider:

    • Any relevant neighbourhood character objective, policy or statement set out in this scheme.
    • The design response.
    • The setback, height and appearance of front fences on adjacent properties.
    • The extent to which slope and retaining walls reduce the effective height of the front fence.
    • Whether the fence is needed to minimise noise intrusion.

Creative Commons License Derived from Victoria Planning Provisions by the State of Victoria