Victorian Building Authority
Members may recall that in April 2024 AIDA wrote to the Minister for Planning (Victoria) about changes introduced through Planning Scheme Amendment VC253. This amendment makes it easier to build a second small dwelling on a property without complying with the Neighbourhood Character Overlay.
We received a very generic response in June of the same year which did not address the specific issues raised in our letter. Subsequent follow-up emails between AIDA and State Government planning staff only managed to achieve an undertaking to ‘monitor’ the policy and outcomes associated with second small dwellings over the coming months to ensure that State Government policy intent was being met. That was over a year ago and we believe the time has come to properly review how this change is impacting our area.
In March this year AIDA again wrote to the Minister for Planning (Victoria) to reiterate our concerns. The following is an extract from the key paragraphs contained in our letter:
Planning Scheme Amendment VC253 has resulted in Second Small Dwellings being exempt from the requirements of many of our local planning scheme overlays including the following:
Heritage Overlay (HO)
Design and Development Overlay (DDO)
Neighbourhood Character Overlay (NCO)
As a result of these exemptions we now have a number of Second Small Dwellings built in our local area that do not comply with these overlays. These dwellings have been variously located within front and side setback areas impacting the extent of vegetation surrounding existing residential buildings. They do not follow the materials and finishes colour requirements of the Neighbourhood Character Overlay but instead rely upon weaker requirements under the Planning Scheme Amendment. Needless to say our members and local residents are very disappointed with this result. We repeat our previous advice that our local Planning Scheme Overlays have wide community support.
We believe that a great deal of uncertainty has been created for our local planning authorities by excluding some planning overlays for certain types of dwelling occupancy but not others. This added level of complication does not have the effect of speeding up the planning process but rather slowing it down. We understand that this issue is being discussed by planning officers at a regional level experiencing similar difficulties with this issue.
AIDA understands and supports the need to provide social and affordable housing in our area to encourage a broad social mix forming part of a thriving and resilient community. We appreciate the dilemma which has arisen in this case where changes to planning requirements to solve one problem cause detriment to other parts of our built and natural environment. We support the Victorian Government’s initiative on Second Small Dwellings but ask that Planning Scheme Amendment VC253 be altered so that these buildings comply with all local planning scheme overlay requirements.
The Minister for Planning (Victoria) responded in May 2025 with a reply that was similar in tone to the first one. Here is an extract of the key paragraphs from that letter:
“As you are aware, on 14 December 2023 Amendment VC253 made changes to the Victoria Planning Provisions and all planning schemes to make it easier to build a second small dwelling to give Victorians more housing choice as to where they want to live.
These changes help families and communities to stay together and give more people access to affordable housing choices in the areas they want to live in. With smaller families and single person households becoming more common, the changes provide more choice and flexibility. The application of consistent and straightforward siting and design requirements also allows for this type of housing to be developed quickly and efficiently, whilst ensuring clear standards are in place to deliver good design outcomes.
My department is continuing to monitor the implication of these reforms to ensure that they appropriately meet the needs of the Victorian community.”
Unfortunately, this shows the State Government still sees this issue through a ‘one size fits all lens’ and has not acknowledged the special planning needs of our coastal townships.
We continue to push for Planning Scheme Amendment VC253 to be further amended so that second small dwellings comply with all local planning scheme overlays – the same rules that apply to other residential development and reflect the values of our community.
Ian Laging & Helen Berthelsen