---
tags: VPP, VIC, Code
---

# 32.04 MIXED USE ZONE - 31/07/2018 VC148

Shown on the planning scheme map as MUZ with a number (if shown).

## Purpose

To implement the Municipal Planning Strategy and the Planning Policy Framework.

To provide for a range of residential, commercial, industrial and other uses which complement the mixed-use function of the locality.

To provide for housing at higher densities.

To encourage development that responds to the existing or preferred neighbourhood character of the area.

To facilitate the use, development and redevelopment of land in accordance with the objectives specified in a schedule to this zone.

# 32.04-1 Objectives - 15/07/2013 VC100

A schedule to this zone may contain objectives to be achieved for the area

# 32.04-2 Table of uses - 26/05/2020 VC175

## Section 1 – Permit not required

| Use |Condition |
| ---- | ---- |
| Art Gallery | |
|Bed and breakfast |No more than 10 persons may be accommodated away from their normal place of residence. At least 1 car parking space must be provided for each 2 persons able to be accommodated away from their normal place of residence
|Community care accommodation | Must meet the requirements of Clause 52.22-2.|
|Dependent person’s unit |Must be the only dependent person’s unit on the lot.
|Domestic animal husbandry (other than Domestic animal boarding)| Must be no more than 2 animals.|
Dwelling (other than Bed and breakfast)|
|Food and drink premises | The leasable floor area must not exceed 150 square metres.
|Home based business Informal outdoor recreation|
|Medical centre| The gross floor area must not exceed 250 square metres. |
|Museum |
|Office (other than Medical centre) | The leasable floor area must not exceed 250 square metres. |
|Place of worship |The gross floor area of all buildings must not exceed 250 square metres.|
|Racing dog husbandry| Must be no more than 2 animals.|
|Railway|
|Residential aged care facility|
|Rooming house |Must meet the requirements of Clause 52.23-2.|
|Shop (other than Adult sex product shop) |The leasable floor area must not exceed 150 square metres. |
|Tramway |Must meet the requirements of Clause 62.01.|
|Any use listed in Clause 62.01

## Section 2 - Permit required

| Use | Condition |
| -------- | -------- |
| Accommodation (other than Community care accommodation, Dependent person's unit, Dwelling, Residential aged care facility and Rooming house) |
|Agriculture (other than Animal production, Apiculture, Domestic animal husbandry and Racing dog husbandry)|
|Domestic animal boarding|
|Domestic animal husbandry (other than Domestic animal boarding) – if the Section 1 condition is not met | Must be no more than 5 animals.|
|Grazing animal production|
|Industry (other than Materials recycling and Transfer station)| Must not be a purpose listed in the table to Clause 53.10. |
|Leisure and recreation (other than Informal outdoor recreation)|
|Place of assembly (otherthan Art gallery, Carnival, Circus, Museum and Place of worship)|
|Retail premises (other than Food and drink premises and Shop) |
|Utility installation (other than Minor utility installation and Telecommunications facility)| Must not be a purpose listed in the table to Clause 53.10.|
|Warehouse |Must not be a purpose listed in the table to Clause 53.10.|
|Any other use not in Section 1 or 3 |

## Section 3 - Prohibited

| Use |
| -------- | -------- |
|Adult sex product shop|
|Animal production (other than Grazing animal production)|
|Brothel|
|Extractive industry
|Materials recycling
|Transfer

# 32.04-3 Use for industry, service station and warehouse - 31/07/2018 VC148

## Amenity of the neighbourhood

The use of land for an industry, service station or warehouse must not adversely affect the amenity of the neighbourhood, including through:

* The transport of materials or goods to or from the land.
* The appearance of any stored materials or goods.
* Traffic generated by the use.
* Emissions from the land.

# 32.04-4 Subdivision - 31/07/2018 VC148

## Permit requirement

A permit is required to subdivide land.

An application to subdivide land, other than an application to subdivide land into lots each containing an existing dwelling or car parking space, must meet the requirements of Clause 56 and:

* Must meet all of the objectives included in the clauses specified in the following table.
* Should meet all of the standards included in the clauses specified in the following table.

|Class of subdivision | Objectives and standards to be met|
| -------- | -------- |
|60 or more lots |All except Clause 56.03-5.|
|16 – 59 lots | All except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1 and 56.06-3.|
|3 – 15 lots|All except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.05-2, 56.06-1, 56.06-3 and 56.06-6.|
|2 lots | Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to 56.09-2.

## VicSmart applications

Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2.

|Class of application|Information requirements and decision guidelines|
| -------- | --------- |
|Subdivide land to realign the common boundary between 2 lots where:|Clause 59.01|
|* The area of either lot is reduced by less than 15 percent.|
|* The general direction of the common boundary does not change.|
|Subdivide land into lots each containing an existing building or car parking space where:|Clause 59.02|
|* The buildings or car parking spaces have been constructed in accordance with the provisions of this scheme or a permit issued under this scheme.|
|* An occupancy permit or a certificate of final inspection has been issued under the Building Regulations in relation to the buildings within 5 years prior to the application for a permit for subdivision|
|Subdivide land into 2 lots if:| Clause 59.02|
|* The construction of a building or the construction or carrying out of works on the land:|
|– Has been approved under this scheme or by a permit issued under this scheme and the permit has not expired.|
|– Has started lawfully.
|* The subdivision does not create a vacant lot.

# 32.04-5 - Construction and extension of one dwelling on a lot - 31/07/2018 VC148

## Permit requirement

A permit is required to construct or extend one dwelling on a lot of less than 300 square metres.
A development must meet the requirements of Clause 54.

## No permit required

No permit is required to:

* Construct or carry out works normal to a dwelling.
* Construct or extend an out-building (other than a garage or carport) on a lot provided the gross floor area of the out-building does not exceed 10 square metres and the maximum building height is not more than 3 metres above ground level.
* Make structural changes to a dwelling provided the size of the dwelling is not increased or the number of dwellings is not increased.

## VicSmart applications

Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2.

|Class of application | Information requirements and decision guidelines |
| -------- | -------- |
|Construct an outbuilding or extend a dwelling if the development:| Clause 59.14|
|* Does not exceed a building height of 5 metres.|
|* Is not visible from the street (other than a lane) or a public park.|
|* Meets the requirements in the following standards of Clause 54:
|– A10 Side and rear setbacks.
|– A11 Walls on boundaries.
|– A12 Daylight to existing windows.
|– A13 North-facing windows.
|– A14 Overshadowing open space.
|– A15 Overlooking.
|For the purposes of this class of VicSmart application, the Clause 54 standards specified above are mandatory.
|If a schedule to the zone specifies a requirement of a standard different from a requirement set out in the Clause 54 standard, the requirement in the schedule to the zone applies and must be met.

# 32.04-6 - Construction and extension of two or more dwellings on a lot, dwellings on common property and residential buildings - 31/07/2018 VC148

## Permit requirement

A permit is required to:

* Construct a dwelling if there is at least one dwelling existing on the lot.
* Construct two or more dwellings on a lot.
* Extend a dwelling if there are two or more dwellings on the lot.
* Construct or extend a dwelling if it is on common property.
* Construct or extend a residential building.

A permit is required to construct or extend a front fence within 3 metres of a street if:

* The fence is associated with 2 or more dwellings on a lot or a residential building, and
* The fence exceeds the maximum height specified in Clause 55.06-2.

A development must meet the requirements of Clause 55. This does not apply to a development of five or more storeys, excluding a basement.

An apartment development of five or more storeys, excluding a basement, must meet the requirements of Clause 58.

A permit is not required to construct one dependent person’s unit on a lot.

## Transitional provisions

Clause 55 of this scheme, as in force immediately before the approval date of Amendment VC136, continues to apply to:

* An application for a planning permit lodged before that date.
* An application for an amendment of a permit under section 72 of the Act, if the original permit application was lodged before that date.

Clause 58 does not apply to:

* An application for a planning permit lodged before the approval date of Amendment VC136.
* An application for an amendment of a permit under section 72 of the Act, if the original permit application was lodged before the approval date of Amendment VC136.

## VicSmart applications

Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2.

| Class of application | Information requirements and decision guidelines |
| -------- | -------- |
| Construct or extend a front fence within 3 metres of a street if the fence is associated with 2 or more dwellings on a lot or a residential building | Clause 59.03 |

## 32.04-7 - Requirements of Clause 54 and Clause 55 - 15/07/2013 VC100

A schedule to this zone may specify the requirements of:

* Standards A3, A5, A6, A10, A11, A17 and A20 of Clause 54 of this scheme.
* Standards B6, B8, B9, B13, B17, B18, B28 and B32 of Clause 55 of this scheme.

If a requirement is not specified in a schedule to this zone, the requirement set out in the relevant standard of Clause 54 or Clause 55 applies.

# 32.04-8 - Residential aged care facility - 26/10/2018 VC152

## Permit requirements

A permit is required to construct a building or construct or carry out works for a residential aged care facility.
A development must meet the requirements of Clause 53.17 - Residential aged care facility.

# 32.04-9 - Buildings and works associated with a Section 2 use - 04/12/2020 VC180

A permit is required to construct a building or construct or carry out works for a use in Section 2 of Clause 32.04-2.

## VicSmart applications

Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2.

| Class of Application| Information requirements and decision guidelines |
| -------- | -------- |
| Construct a building or construct or carry out works where: |Clause 59.04 |
|The building or works are not associated with a dwelling, primary school or secondary school and have an estimated cost of up to $100,000; or
|The building or works are associated with a primary school or secondary school and have an estimated cost of up to $500,000; and|
|The requirements in the following standards of Clause 54 are met, where the land adjoins land in a residential zone used for residential purposes:|
|– A10 Side and rear setbacks.|
|– A11 Walls on boundaries.|
|– A12 Daylight to existing windows.|
|– A13 North-facing windows.|
|– A14 Overshadowing open space.|
|– A15 Overlooking.|

For the purposes of this class of VicSmart application, the Clause 54 standards specified above are mandatory.

If a schedule to the zone specifies a requirement of a standard different from a requirement set out in the Clause 54 standard, the requirement in the schedule to the zone applies and must be met.

# 32.04-10 - Buildings on lots that abut another residential zone - 26/10/2018 VC152

Any buildings or works constructed on a lot that abuts land which is in a General Residential Zone, Neighbourhood Residential Zone, Residential Growth Zone, or Township Zone must meet the requirements of Clauses 55.03-5, 55.04-1, 55.04-2, 55.04-3, 55.04-5 and 55.04-6 along that boundary.

This does not apply to a building or works for a residential aged care facility.

# 32.04-11 - Maximum building height requirement - 26/10/2018 VC152

A building must not be constructed that exceeds the maximum building height specified in a schedule to this zone.

A building may exceed the maximum building height specified in a schedule to this zone if:

* It replaces an immediately pre-existing building and the new building does not exceed the building height of the pre-existing building.
* There are existing buildings on both abutting allotments that face the same street and the new building does not exceed the building height of the lower of the existing buildings on the abutting allotments.
* It is on a corner lot abutted by lots with existing buildings and the new building does not exceed the building height of the lower of the existing buildings on the abutting allotments.
* It is constructed pursuant to a valid building permit that was in effect prior to the introduction of this provision.
* It is a residential aged care facility and the maximum building height in the schedule to the zone is less than 16 metres.

An extension to an existing building may exceed the maximum building height specified in a schedule to this zone if it does not exceed the building height of the existing building.

A building may exceed the maximum building height by up to 1 metre if the slope of the natural ground level, measured at any cross section of the site of the building wider than 8 metres, is greater than 2.5 degrees.

The maximum building height requirement in this zone or a schedule to this zone applies whether or not a planning permit is required for the construction of a building.

## Building height if land is subject to inundation

If the land is in a Special Building Overlay, Land Subject to Inundation Overlay or is land liable to inundation the maximum building height specified in the zone or schedule to the zone is the vertical distance from the minimum floor level determined by the relevant drainage authority or floodplain management authority to the roof or parapet at any point.

## 32.04-12 - Application requirements - 26/10/2018 VC152

## General

Any application requirements specified in a schedule to this zone.

## Use for industry and warehouse

Unless the circumstances do not require, an application to use land for an industry or warehouse must be accompanied by the following information:

* The purpose of the use and the types of activities to be carried out.
* The type and quantity of materials and goods to be stored, processed or produced.
* Whether a Works Approval or Waste Discharge Licence is required from the Environment Protection Authority.
* Whether a notification under the Occupational Health and Safety Regulations 2017 is required, a licence under the Dangerous Goods Act 1985 is required, or a fire protection quantity under the Dangerous Goods (Storage and Handling) Regulations 2012 is exceeded.
* How land not required for immediate use is to be maintained.
* The likely effects, if any, on the neighbourhood, including noise levels, traffic, air-borne emissions, emissions to land and water, light spill, glare, solar access and hours of operation (including the hours of delivery and dispatch of materials and goods).

## Buildings and works associated with a Section 2 use

An application to construct a building or construct or carry out works must be accompanied by the following information, as appropriate:

* A site analysis and descriptive statement explaining how the proposal responds to the site and its context.
* Plans drawn to scale and dimensioned which show:

– The layout of proposed buildings and works. – An elevation of the building design and height.
– Setbacks to property boundaries.
– All proposed access and pedestrian areas.
– All proposed driveway, car parking and loading areas.
– Existing vegetation and proposed landscape areas.
– The location of easements and services.

# 32.04-13 - Exemption from notice and review - 26/10/2018 VC152

## Subdivision

An application for subdivision is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act.

## Other applications

A schedule to this zone may specify that an application is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act.

## 32.04-14 - Decision guidelines - 24/01/2020 VC160

## General

Before deciding on an application, in addition to the decision guidelinesin Clause 65, the responsible authority must consider, as appropriate:

* The Municipal Planning Strategy and the Planning Policy Framework.
* The objectives set out in a schedule to this zone.
* Any other decision guidelines specified in a schedule to this zone.
* The impact of overshadowing on existing rooftop solar energy systems on dwellings on adjoining lots in a Mixed Use Zone or Residential Growth Zone.

## Use for industry, service station and warehouse

* The effect that existing uses on adjoining or nearby land may have on the proposed use.
* The design of buildings, including provision for solar access.
* The availability and provision of utility services.
* The effect of traffic to be generated by the use.
* The interim use of those parts of the land not required for the proposed use.
* Whether the use is compatible with adjoining and nearby land uses.
* For non-residential uses, the proposed hours of operation, noise and any other likely off-site amenity impacts.

## Subdivision

* The pattern of subdivision and its effect on the spacing of buildings.
* For subdivision of land for residential development, the objectives and standards of Clause 56.

## Construction and extension of one dwelling on a lot

* The objectives, standards and decision guidelines of Clause 54.

## Construction and extension of two or more dwellings on alot, dwellings on common property and residential buildings

* For two or more dwellings on a lot, dwellings on common property and residential buildings, the objectives, standards and decision guidelines of Clause 55.
* This does not apply to an apartment development of five or more storeys, excluding a basement.
* For an apartment development of five or more storeys, excluding a basement, the objectives, standards and decisions guidelines of Clause 58.

# 32.04-15 - Signs - 26/10/2018 VC152

Sign requirements are at Clause 52.05. This zone is in Category 3 unless a schedule to this zone specifies a different category