VicSmart Clause 59.01 – Decision Guidelines

Clause 59.01 – Realign the common boundary between two lots is the clause in local planning schemes that sets out the following for VicSmart planning applications:

• Clause 59.01-1 Information requirements – what you must provide to support your application and repeated in  Checklist 1 – Realign a boundary between two lots.
• Clause 59.01-2 Decision guidelines – the decision guidelines by which the council assess your application.

Click here to save or print a PDF of VicSmart Clause 59.01

59.01 REALIGN THE COMMON BOUNDARY BETWEEN TWO LOTS

59.01-2 Decision guidelines

31/07/2018 VC148
In assessing an application the responsible authority must consider as appropriate:

• The suitability of the subdivision including how the layout and dimensions of the subdivision:
  • Respond to and integrate with the surrounding urban or rural environment.
  • Protect significant vegetation.
  • Appropriately accommodate any existing or proposed easements on the lots
  • Protect solar access for existing and any future dwellings on the lots.
  • Appropriately accommodate any existing waste storage areas, loading bays and vehicle standing areas on the site.
  • Appropriately accommodate private open space.
  • Appropriately accommodate the provision of utility services to each lot.
  • If the land is in an area where reticulated sewerage is not provided to each lot, whether the layout of the subdivision accommodates the effluent disposal area for each lot.
  • Appropriately accommodate the siting of buildings having regard to the risk of spread of fire.
  • Appropriately accommodate the existing use and possible future development of the land.
  • Whether the provision of common property is appropriate for the purpose for which the land is to be commonly held.
  • If the land is in a residential zone and the realignment of the common boundary will result in a vacant lot, the objective and standard of Clause 56.04-2.
  • The statement of significance and the objectives contained in the schedule to the overlay and whether the subdivision will adversely affect that significance or the objectives.
• Whether the proposal meets any requirements specified in the overlay or the schedule to the overlay.

 Source: Victoria Planning Provisions – VicSmart Clause 59.01 by the State of Victoria