Report on State Government Amendments to the Victorian Planning Scheme

Prepared by the Flinders Community Association (FCA)

The FCA Committee has reviewed the State Government’s major amendments to all Victorian Planning Schemes, which introduce the new Townhouse and Low Rise Code. These reforms aim to accelerate decision-making and permit approvals for residential developments in response to the current housing crisis.

Key Provisions of the New Code

A central feature of the new code is that where a developer proposes a housing project that complies with the “Deemed Standards” set out in the reforms—meaning all quantifiable standards are met—the local council must grant a planning permit within 10 days.
Importantly, under this streamlined process:

• No local resident, organisation, or corporation can lodge an objection to the proposal.
• The provision applies only to residential developments up to three storeys.

Additional Requirements

Developments must also satisfy several new technical standards, including:

• Protection from overshadowing for domestic solar energy systems
• Provision for rooftop solar energy generation
• Adequate waste and recycling facilities for bin storage
• Consideration of noise impact issues

Where a proposal meets these requirements, the council must issue a permit immediately, and no appeal can be made to VCAT.

Impact on Flinders

These amendments do not apply to the Flinders Village Centre, which is zoned as the Commercial Zone. This area includes Cook Street, between the roundabout and the end of the shopping precinct at Norman Street.

Planning requirements in the Commercial Zone remain strict and unchanged. The existing residential apartments located behind the shops serve as an example of the only type of development permitted—namely:

• Up to two residential storeys
• Garage facilities and open space areas
• Shops fronting Cook Street, built to specific design and planning standards

No future development within this zone will differ from the existing built form. The council’s planning objectives continue to reinforce the scale, character, and coastal village identity of the Flinders Village Centre, as has been the case in the past and will remain so in the future.

Conclusion

The State Government’s new Residential Code and associated reforms will not impact the Flinders Village Centre. Existing planning controls for the Commercial Zone will continue to protect the character and integrity of the area.

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Date: October 3rd

The Committee has reviewed the current Planning Applications for Flinders Village and the surrounding area and provides the following advice:

Public Notice P24/1780 – 30B Cook Street, Flinders

This application proposes the development of a new dwelling and a reduction in car parking on the site currently occupied by the Pho Restaurant.

The proposal appears to comply with the zoning provisions for this area, allowing for two-storey development with a maximum height of 8.5 metres. The proposed building height of 7.98 metres falls within this limit.

The proposed residence will be located behind the existing restaurant, and together the two structures will comply with the zoning requirements relating to height and site layout.

Issue Identified:
The plan does not provide for an on-site car parking space, which is a requirement under the current zoning regulations.

Public Notice P25/1002 – 14 Rest Drive, Flinders

This is an application for a planning permit to construct a single-storey residential dwelling and to remove several trees from the site.

The proposed development is consistent with the surrounding residential character and complies with the zoning requirements. The dwelling is to feature dark timber cladding, black aluminium windows, and a dark Colorbond roof, which are considered appropriate to the local context.

Public Notice P25/1314 – 149 Keys Road, Flinders

This is an application for a planning permit to develop a Jetty and Boat House, including the removal of some existing vegetation on the site.

Planning Amendment – Canopy Trees (Clause 52.37)

Effective 15 September 2025, the State Government introduced Clause 52.37 – Canopy Trees, requiring a planning permit to remove, destroy or lop a canopy tree in certain circumstances.

A canopy tree is defined as one that meets all of the following criteria:

• A height greater than 5 metres above ground level;
• A trunk circumference of more than 5 metres, measured 1.4 metres above ground level; and
• A canopy diameter of at least 4 metres.