Understanding the Planning Scheme

The Planning Scheme includes all land within a zone, which may also include a precinct. Some areas are also included in an overlay and/or a local plan.

Each of these has the potential to impact assessment levels.

Part 5.3 of the Planning Scheme identifies the process for determining a level of assessment, using this hierarchy:

1. Determine the level of assessment identified by the zone/precinct.
2. Determine whether a local plan changes the level of assessment in the zone/precinct.
3. Determine whether the overlay changes the level of assessment in the zone/precinct (if no local plan applies) or the local plan.

A level of assessment established by a local plan overrides a level of assessment established by a zone/precinct.

A level of assessment established by an overlay overrides a level of assessment established by a zone/precinct and/or local plan.

A local plan or overlay may ‘raise’ or ‘lower’ the assessment level of the layer below them in the hierarchy. For example, if the zone/precinct assessment level is code assessable, a local plan or overlay might ‘raise’ the assessment level to impact assessable or ‘lower’ it to accepted development.

The purpose of the Neighbourhood Character Overlay (NCO) is to conserve and enhance buildings and streetscapes that contribute to the character of the local area. It ensures new development is sympathetic to the nature and character of those predominantly residential areas.

The NCO has a corresponding Planning Scheme code that includes development controls and assessment benchmarks. It addresses the design, aesthetics and amenity requirements of the buildings and structures that might be proposed.

It doesn’t deal with the way the land is used – the zone deals with that.

The NCO also identifies specific properties considered to be significantly important to the local character. These are identified as Neighbourhood Character Places in Schedule 6 of the Planning Scheme under Planning Scheme Policy No.7.

Development

The NCO is an assessment benchmark for development within the NCO area. Development generally has two main components, construction and use.

Construction

'Construction' refers to buildings and other structures that might be built.

Additions, extensions and new ancillary structures (including sheds and carports) generally do not materially change how the site is used. We consider these ‘building works’. We assess them against the Planning Scheme through either:

• a concurrence response to us for amenity and aesthetics, i.e. building applications are referred to us by the assessing building certifier for our consideration
• an application for building works assessable against the Planning Scheme (PSW).

Use

'Use' is based on how land is used.

We assess new buildings, including dwelling houses and dual occupancies, as a Material Change of Use (MCU) application. They are assessable against the NCO code.

We may apply other benchmarks depending on the level of assessment in the Planning Scheme. For example, we would generally consider an extension to a dwelling house to be building works and not an MCU as it doesn’t change the use on site.

Amendment No.11 to the Planning Scheme modified the Planning Scheme so that we assess dwelling houses and dual occupancies as an MCU rather than building works. This ensures we consider the requirements of the code before we consider a building permit.

Determining level of assessment

You can determine the assessment level for development in the NCO for both MCO and PSW applications.

MCU

• Determine the development and assessment category under the relevant zone/precinct.
• Determine whether an NCO Overlay changes the development and assessment category.

PSW

• Identify whether the property is in a Neighbourhood Character Place as listed in Schedule 6 - Planning Scheme Policy No.7. This may affect the level of assessment.
• Determine the level of assessment for the building work under the table of assessment for building work, Part 5.7 Table 5.7:1

Under Part 5.6 Table 5.6:1 (Table of Assessment – Reconfiguring a lot), reconfiguring a lot is an accepted development if you are rearranging a lot’s boundaries by registering a plan of subdivision and:

• no additional lots are created
• none of the resulting lots is a hatchet lot
• the size of all proposed lots is equal to or greater than the relevant minimum lot size for the zone as identified in Table 5.6:2.

We consider this to be a boundary realignment.

If your development doesn’t meet these conditions, the level of assessment will change.

• When the boundary rearrangement creates extra lots, we will consider the development a subdivision.
• When all the lots that result from rearranging the boundaries don’t meet the minimum lot size requirements for the applicable zone or precinct, it requires an Impact Assessment.

Example:

Two existing lots in the Rural Residential Zone (4000m² Precinct). Both lots have an area of 5000m². The proposal is to realign the boundary between the two lots to create one lot of 2000m² and one lot of 8000m². The minimum lot size for this zone is 4000m².

Because of the qualifier that requires the size of all lots to be equal to or greater than the minimum lot size identified in Table 5.6:2, this proposal would be an impact assessable development.

Read more about realigning boundaries.

When it comes to boundaries there are two types of overlays:

1. Property-based overlays that have boundaries that align with property boundaries – for example, Heritage Overlay and Neighbourhood Character Overlay.
2. Overlays based on features that don’t align with property boundaries – for example Bushfire Hazard Overlay and Agricultural Land Overlay.

If you propose a development on land where an overlay applies, your development application must address the corresponding overlay code.

Sometimes, a property is partially covered by an overlay. In this case, the overlay code only applies to a development located within the part the overlay covers.

If you disagree with us about whether the proposed development is inside or outside the overlay, we will work with you to resolve the issue:

1. You must produce a site plan that shows the envelope of your development, drawn to an identifiable regular scale.
2. We will produce a site plan showing the location of the relevant overlay boundary, drawn to the same scale.
3. Both plans will be overlaid to show the relationship between the development envelope and the location of the overlay.

The Planning Scheme defines dwelling house, dual occupancy and secondary dwelling as follows:

Dwelling house means a residential use of premises involving either:

• one dwelling for a single household and any domestic outbuildings associated with the dwelling
• one dwelling for a single household, a secondary dwelling and any domestic outbuildings associated with either dwelling.

Dual occupancy means a residential use of premises for 2 households involving:

• two dwellings (attached or detached) on a single lot or two dwellings (attached or detached) on separate lots that share a common property
• any domestic outbuilding associated with the dwellings.

It does not include a residential use of premises that involves a secondary dwelling.

Secondary dwelling means a dwelling on a lot that is used in conjunction with, but subordinate to, another dwelling on the lot, whether or not the dwelling is:

• attached to the other dwelling
• occupied by individuals who are related to, or associated with, the household of the other dwelling.

Dwelling house vs dual occupancy

The above definitions blur the line between what is a ‘dwelling house’, where a secondary dwelling is also included, and what is a ‘dual occupancy’.

If both uses are accepted development in the Planning Scheme, you might not need to distinguish between the two for assessment purposes.

Sometimes, however, you will need to distinguish between the two. For example, in a zone where a dwelling house is accepted development and a dual occupancy is impact assessable.

In this case, refer to the following distinguishing elements.

A dwelling house, including the secondary dwelling, must be occupied by the same household, defined by the Planning Scheme as one or more people who:

• live in a dwelling with the intent of living together on a long-term basis
• make common provision for food and other essentials.

Therefore, a development proposing two dwellings occupied by two households will be considered a dual occupancy.

A secondary dwelling must be used together with the primary dwelling. This means they must be:

• occupied by one household, including multi-generational living arrangements.
• in close proximity to each other.

In an urban environment, any two dwellings on one lot are considered to be within close proximity to one another. Within the Rural Zone, Rural Residential Zone or Emerging Community Zone, the dwellings will typically be within 30 metres apart.

A secondary dwelling must be ‘subordinate’ to the primary dwelling. The distinguishing factor is size. The secondary dwelling should be smaller in gross floor area than the primary dwelling.

Summary

Two dwellings on a lot will be considered a ‘dwelling house’ where all of the following are met:

• typically, both dwellings are occupied by the same household
• a secondary dwelling is being added to a lot already containing a dwelling
• the secondary dwelling has a smaller gross floor area than the primary dwelling
• both dwellings are close to each other.

Generally, two dwellings on a lot will be considered a ‘dual occupancy’ in all other circumstances.

This information is a guide only. Assessment managers use their discretion to evaluate each circumstance on its merits.