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tags: VPP, VIC, Code
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# 32.05 - TOWNSHIP ZONE - 31/07/2018 VC148

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

## Purpose

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

To provide for residential development and a range of commercial, industrial and other uses in small towns.

To encourage development that respects the neighbourhood character of the area.

To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.

## 32.05-1 - Neighbourhood character objectives - 27/03/2017 VC110

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

## 32.05-2 - Table of uses - 26/05/2020 VC175

## Section 1 - Permit not required

| Use | Condition |
| -------- | -------- |
| Bed and breakfast | No more than 10 persons may be accommodated away fromtheir 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|
| |Must meet the requirements of Clause 32.05-3|
| Domestic animal husbandry |Must be no more than 2 animals|
|Dwelling (other than Bed and breakfast)| Must meet the requirements of Clause 32.05-3|
|Home based business|
|Informal outdoor recreation|
|Medical Centre|The gross floor area of all buildings 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.|
|Tramway|
|Any use listed in Clause 62.01| Must meet the requirements of 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)|
|Must meet the requirements of Dependent person's unit - if the Section 1 condition is not met |Clause 32.05-3 |
|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 Transfer station and Refuse disposal) condition is not met|Must not be a purpose listed in the table to Clause 53.10.|
|Leisure and recreation (other than Informal outdoor recreation and Motor racing track)|
|Office (other than Medical centre)|
|Place of assembly (other than Carnival, Circus and Place of worship)|
Retail premises (other than Adult sex product shop) |
|Transfer station |Must meet the threshold distance requirements in the table to Clause 53.10.
|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|
|Dwelling – if the Section 1 condition is not met|
|Extractive industry|
|Use|
|Motor racing track|
|Refuse disposal|
|Saleyard |

# 32.05-3 - Use for a dwelling or a dependent person’s unit - 27/03/2017 VC110

A lot may be used for a dwelling provided the following requirements are met:

* Each dwelling must be connected to reticulated sewerage, if available. If reticulated sewerage is not available, all wastewater from each dwelling must be treated and retained within the lot in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970.
* Each dwelling must be connected to a reticulated potable water supply or have an alternative potable water supply, with appropriate storage capacity, to the satisfaction of the responsible authority.
* Each dwelling must be connected to a reticulated electricity supply or have an alternative energy supply to the satisfaction of the responsible authority.

These requirements also apply to a dependent person’s unit.

# 32.05-4 - Use for industry and warehouse - 27/03/2017 VC110

## Amenity of the neighbourhood

The use of land for an industry 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.

# 32.05-5 - 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 |
| -------- | -------- |
| 16 or more lots | Clauses 56.02-1, 56.03-5, 56.04-2 to 56.04-5, 56.05-1, 56.05-2, 56.06-2, 56.06-4, 56.06-5, 56.06-7, 56.06-8 and 56.07-1 to 56.09-4. |
|3 - 15 lots| Clauses 56.03-5, 56.04-2 to 56.04-5, 56.05-1, 56.06-2, 56.06-4, 56.06-5, 56.06-7 and 56.06-8 to 56.09-4|
|2 lots | Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5 and 56.06-8 to 56.09-2|

Each lot must be provided with reticulated sewerage, if available. If reticulated sewerage is not available, the application must be accompanied by:

* A land assessment which demonstrates that each lot is capable of treating and retaining all wastewater in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970.
* A plan which shows a building envelope and effluent disposal area for each lot.

## 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.|

# 32.05-6 - 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 lot of between 300 square metres and 500 square metres if specified in a schedule to this zone.

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

* The fence is associated with one dwelling on:
– A lot of less than 300 square metres, or
– A lot of between 300 and 500 square metres if specified in a schedule to this zone, and
* The fence exceeds the maximum height specified in Clause 54.06-2.

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|
|Construct or extend a front fence within 3 metres of a street if the fence is associated with one dwelling.| Clause 59.03|

# 32.05-7 - 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.

## 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 |

## 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.

# 32.05-8 - Requirements of Clause 54 and Clause 55 - 27/03/2017 VC110

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.

# 32.05-9 - 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.

# 32.05-10 - 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 32.05-2.

## 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.

# 32.05-11 - Maximum building height requirement for a dwelling or residential building - 26/10/2018 VC152

A building must not be constructed for use as a dwelling or a residential building that exceeds the maximum building height specified in a schedule to this zone.

If no maximum building height is specified in a schedule to this zone, the requirement set out in the relevant standard of Clause 54 and Clause 55 applies.

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.

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 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.

# 32.05-12 - Application requirements - 26/10/2018 VC152

## 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 despatch of materials and goods).
* Any other application requirements specified in a schedule to this zone

# 32.05-13 - Decision guidelines - 24/01/2020 VC160

Before deciding on an application to use land or construct a building or construct or carry out works, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:

## General

* The Municipal Planning Strategy and the Planning Policy Framework.
* The objectives set out in a schedule to this zone.
* The protection and enhancement of the character of the town and surrounding area including the retention of vegetation.
* The availability and provision of utility services, including sewerage, water, drainage, electricity, gas and telecommunications.
* In the absence of reticulated sewerage, the capability of the lot to treat and retain all wastewater in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970.
* The design, height, setback and appearance of the proposed buildings and works including provision for solar access.
* The need for a verandah along the front or side of commercial buildings to provide shelter for pedestrians.
* Provision of car and bicycle parking and loading bay facilities and landscaping. The effect that existing uses on adjoining or nearby land may have on the proposed use.
* The scale and intensity of the use and development.
* The safety, efficiency and amenity effects of traffic to be generated by the proposal.
* The impact of overshadowing on existing rooftop solar energy systems on dwellings on adjoining lots in a General Residential Zone, Mixed Use Zone, Neighbourhood Residential Zone, Residential Growth Zone or Township Zone.
* Any other decision guidelines specified in a schedule to this zone.

## Use for industry and warehouse

Before deciding on an application to use land for an industry or warehouse, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:

* The Municipal Planning Strategy and the Planning Policy Framework.
* 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.
* Any other decision guidelines specified in a schedule to this zone.

## Subdivision

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 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.
* Any other decision guidelines specified in a schedule to this zone.

## Construction and extension of one dwelling on a lot

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, standards and decision guidelines of Clause 54.
* Any other decision guidelines specified in a schedule to this zone.

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

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.
* 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.
* Any other decision guidelines specified in a schedule to this zone.

# 32.05-14 - Signs - 26/10/2018 VC152

Sign requirements are at Clause 52.05. This zone is in Category 3