About the new code
The Victorian Government has introduced new rules for planning permits for townhouses and apartment buildings up to 3 storeys.
The Low Rise and Townhouse Code has introduced new standards relating to things like setback, tree coverage, and internal layouts for new development.
From 6 March 2025, the City of Casey will assess all applications for townhouses and apartment buildings up to 3 storeys against the standards in the new Code. These standards include, but are not limited to:
- Neighbourhood character rules like six metre setbacks at the front, and setbacks at the side and rear.
- Tree canopy and open space requirements, including protecting trees that are a certain size.
- Changes to overshadowing and overlooking rules.
If an application meets all the required standards, Council cannot refuse the application. We can still decide to advertise a development proposal and people may still make an objection or submission to Council. However, where certain standards in the Code are met, there will be no third party (objector) right of appeal.
If you think a standard in the code has not been met, you should include this information in any objection you lodge. There may be other options to go to VCAT, but these will be limited.
What is Council doing?
Council is required to follow the rules set by the Victorian Government. To make this change easier to understand, we will now clearly identify an application that is exempt from appeal rights.
We will do this by adding information to our advertising documents which are available online.
If you object to a planning application, we will also write back to you confirming if you have appeal rights or not.
What about applications lodged before 6 March 2025?
Applications lodged before 6 March 2025 will continue to be assessed by Council using Clause 55 of the Casey Planning Scheme, as it existed before these changes were introduced.
People who objected and applicants who applied under these rules will continue to have Council assess the application using these rules, including rights to object and appeal to the proposed development. VCAT will also be required to assess the proposed development under the old rules.
Where can I find out more?
The State Government has published supporting information to help people understand these changes. For more information, please visit the State Government’s website.