Townhouse and Low-Rise Code and the 4 Storey Apartment Standards
The ‘Townhouse and Low-Rise Code’ (the Code) (amended Clause 55) and ‘Residential Buildings of Four Storeys’ (new Clause 57), set new standards for residential developments which aim to ensure that they respond to neighbourhood character, protect amenity and are liveable and sustainable.
The amendments were approved on 6 March 2025 and apply to all applications lodged after that date. For applications lodged or for amendments to permits approved prior to this date, the previous requirements of Clause 55 continue to apply.
The Code applies to residential developments up to 3 storeys in height and introduces ‘deemed to comply’ standards. While nearby properties will still be notified of a proposal and have the opportunity to comment, if all standards are met, a planning permit must be issued and there will be no opportunity to appeal the decision. Council's consideration is also limited to the matters contained within the Code and is not required to consider the wider Planning Policy Framework, the purpose of the zone or decision guidelines in Clause 65 of the Planning Scheme.
If a proposal does not meet the ‘deemed to comply’ standards, or there are other planning controls requiring consideration (such as overlays applying to the site), the usual planning permit process including appeal rights will apply.
The new clause relating to four storey developments includes similar standards to the Code. However it does not include a ‘deemed to comply’ pathway and, even if a standard is met, Council must still consider relevant policy, purpose of the zone and decision guidelines contained within the Planning Scheme. Decisions made under this clause will continue to have appeal rights.