VicSmart Clause 59.02 – Decision Guidelines

Clause 59.02-1 – Subdivision of buildings and car parking spaces is the clause in local planning schemes that sets out the following for VicSmart planning applications:

• Clause 59.02-1 Information requirements – what you must provide to support your application and repeated in VicSmart Checklist 2: Subdivide land into lots each containing an existing building or car parking space.
• Clause 59.02-2 Decision guidelines – the decision guidelines by which the council assess your application.

Click here to save or print a PDF of VicSmart Clause 59.02

59.02 SUBDIVISION OF BUILDINGS AND CAR PARKING SPACES

59.02-2 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:
  • Are consistent with the approved plans and conditions of any relevant planning permit for the development.
  •  Are consistent with the layout of existing buildings and car parking spaces on the land.
  • Appropriately accommodate any existing waste storage areas.
  • Appropriately accommodate any existing loading bay and vehicle storage area.
  • Appropriately accommodate significant vegetation.
  • Appropriately accommodate existing or proposed easements on the lots.
  • Appropriately accommodate the provision of utility services to each lot.
  • Appropriately accommodate the siting of buildings having regard to safety and the risk of spread of fire.
• 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.
• For the subdivision of existing buildings and car parking spaces, whether each new lot, other than common property, contains an existing building, part of an existing building or a car parking space.
• Whether the provision and location of common property is appropriate for the purpose for which the land is to be commonly held.
• Whether any public open space contribution is required under Clause 53.01 of this scheme or under Section 18 of the Subdivision Act 1988.
• 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 59.02 by the State of Victoria