20 May 2025
Residential development in Victoria is to be facilitated by removing the need to go through what is often a lengthy process of obtaining a planning permit for a development. In order to qualify for an exemption from a permit each development must satisfy the criteria set out in planning scheme amendment VC267 or VC280, whichever applies.
VC280 applies to residential developments that include at least 8 dwellings with at least 2, but not more than 8, storeys. Such developments are typically likely to be found in the Eltham Major Activity Centre that surrounds the Town Square.
VC267 applies to developments that comprise 2 or more dwellings and residential buildings up to either 3 or 4 storeys in a residential zone. As most of Eltham is in some type of residential zone, this amendment is likely to apply more widely than the type of development to which VC280 will apply.
One major concern is that the criteria that must be satisfied do not include neighbourhood character. This means that there is no obligation to comply with the Nillumbik Council’s ‘Final Neighbourhood Character Strategy November 2023’ (for more information please see our article entitled ‘What’s happening in relation to local Neighbourhood Character‘).
ECAG has further concerns that setbacks have been reduced and there are fewer requirements for landscaping, in particular the use of indigenous or native plants. With reduced setbacks there are more hard surfaces and less room for shade trees. This can create urban heat islands where the temperatures can be many degrees higher than in surrounding areas that do not suffer from the urban heat island effect.
Although there is a requirement for ‘Tree Canopy’ under VC267, this is only 10% of a site area up to 1000 sq m and 20% of a site area more than 1000 sq m. Existing trees can be part of this percentage but there is no requirement to retain mature trees that already provide shade.
Currently you can object to the council about an application for a planning permit (read about how to do this at “How to Object to a Planning Permit Application” and, if the Council refuses to grant the permit and the applicant appeals to the Victorian Civil and Administrative Tribunal (VCAT), you can take part in the VCAT review.
Under VC267 and VC280, provided that the development has properly satisfied all the requirements that apply, your rights to object or to go to VCAT have been removed. If a proposal on land adjoining yours satisfies the criteria for an exemption to a planning permit you will not even be notified of it.
If developers take advantage of these amendments we are likely to see substantial changes in Eltham, as well as other parts of the Nillumbik Shire. ECAG acknowledges that there is a housing crisis and housing supply has to be increased. However, in these new planning amendments, ECAG does not understand why developers will not have to ensure that buildings respect neighbourhood character and is also concerned that no thought seems to have been given to ensuring that dwellings are surrounded by landscaping that fits in with our natural environment. Developments with too many hard surfaces and little shade could make the effects of climate change worse in our community.