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VicSmart planning provisions amendments

Victoria Planning Provisions (VPP) are a set of documents that form the basis of all local planning schemes. They are created by the Minister for Planning under the Planning and Environment Act 1987.

The small section of the VPPs (and planning schemes) that refers to VicSmart, establishes why you require a planning permit that is eligible for the VicSmart process, defines what information you require to support your application and the permit decision guidelines for council.

If you are using The Complete VicSmart Guide you don’t need to know much more as this information is integrated into your online application.

If you actually want to know more…the VicSmart planning provisions were introduced into the Victoria Planning Provisions(VPP) and all planning schemes on 19 September 2014 by Amendment VC114. They specified what types of application could be considered as VicSmart permits, according to set permit triggers and conditions, what information was required to support these applications and guidelines for councils to assess these permits.

Since then they have been amended by  Amendment VC135 (March 2017), Amendment VC137 (July 2017), Amendment VC142 (January 2018) and most recently by Amendment VC148 (July 31, 2018).

The amendment VC148 added clarity to planning schemes by simplifying and improving their structure, function and operation. Among the changes it included integrating VicSmart into applicable zones, overlays and particular provisions and removing the part of the Victoria Planning Provisions (VPPs) previously dedicated to VicSmart (Clauses 90 – 95).

The classes of State VicSmart applications (previously contained in Clause 92) have been moved so they sit with the relevant permit triggers in zones, overlays and particular provisions. The information requirements and decision guidelines for State VicSmart applications (previously contained in Clause 93) have been moved to the particular provisions in Clauses 59.01 to 59.14.

Local Classes of local VicSmart applications are to be specified in the schedule to Clause 59.15 (formerly the schedule to Clause 94). Information requirements and decision guidelines for local VicSmart applications are to be specified in the schedule to Clause 59.16 (formerly the schedule to Clause 95).

The operation of VicSmart has not changed. The operational provisions for the VicSmart process are now contained in Clause 71.06 (formerly the schedule to Clause 91).

In order to locate VicSmart references in the VPPs and planning schemes, the specific changes to VicSmart are mapped out below:

VicSmart clauses retired from planning schemes  with  Planning Scheme Amendment VC148

Where VicSmart now appears in planning schemes after  Planning Scheme Amendment VC148

Clause 90 VicSmart planning assessment  Deleted
Clause 91 VicSmart planning applications and process Clause 71.06 Operation of VicSmart applications and process 
Clause 92 State VicSmart applications Deleted  (State VicSmart application classes are integrated into applicable zones, overlays and particular provisions.)
Clause 93 Information requirements and decision guidelines for State and VicSmart applications Clause 71.06 Operation of VicSmart applications and process  (Renumbered and Amended)
Clause 93.01 Realign the common boundary between two lots Clause 59.01 Realign the common boundary between two lots(Renumbered)
Clause 93.02 Subdivision of building and car parking spaces Clause 59.02 Subdivision of building and car parking spaces (

Renumbered and Amended)

Clause 93.03 Front fence in a residential zone Clause 59.03  Front fence in a residential zone (Renumbered)
Clause 93.04 Buildings and works in a zone (except a Rural Zone) Clause 59.04  Buildings and works in a zone (except a Rural Zone) (Renumbered)
Clause 93.05 Buildings and works in an overlay Clause 59.05   Buildings and works in an overlay (Renumbered)
Clause 93.06 Remove, destroy or lop a tree Clause 59.06  Remove, destroy or lop a tree (Renumbered)
Clause 93.07 Applications under a Heritage Overlay Clause 59.07 Applications under a Heritage Overlay

(Renumbered)

Clause 93.08 Applications under a Special Building Overlay Clause 59.08  Applications under a Special Building Overlay (Renumbered and Amended)
Clause 93.09 Advertising signs Clause 59.09  Signs (Renumbered and Amended)
Clause 93.10 Car parking Clause 59.10 Car parking (Renumbered)
Clause 93.11 [No Content] Clause 59.11 [No Content]

(Renumbered)

Clause 93.12 Two lot subdivision in a Rural Zone Clause 59.12  Two lot subdivision in a Rural Zone (Renumbered and Amended)
Clause 93.13 Buildings and works in a Rural Zone Clause 59.13  Buildings and works in a Rural Zone (Renumbered)
Clause 93.14 Extension to one dwelling on a lot in a residential zone Clause 59.14  Extension to one dwelling on a lot in a residential zone (Renumbered and Amended)
Clause 94 Local VicSmart applications Deleted
Clause 94.01 Purpose Clause 59.15 Local VicSmart applications (Renumbered and Amended)
Clause 94.02 Schedule to this clause Clause 59.15 Local VicSmart applications (Renumbered and Amended)
Clause 95 Information requirements and decision guidelines for local VicSmart applications Clause 59.16 Information requirements and decision guidelines for local VicSmart applications (Renumbered and Amended)

Changes to the Planning and Environment Regulations to implement VicSmart were initially made on September 19, 2014. The Planning and Environment Regulations were amended to:

  • prescribe a time of 10 business days after which an application for review of a failure to grant a permit for a VicSmart application may be made
  • prescribe a time of five business days within which the responsible authority may require further information and stop the statutory clock
  • insert a definition of a VicSmart application
  • require the responsible authority to specify in the planning register whether an application is a VicSmart application.

For more information see: Planning Advisory Note 72: Amendment VC148, July 2018

Creative Commons License Derived from Amendment VC148 and Planning Advisory Note 72: Amendment VC148, July 2018 by the State of Victoria