› Multi-dwelling development in General Residential Zone
Planning and Environment
› Amenity
› Overlooking — Standard B4-4 — Deemed to comply provisions
Planning and Environment
› Clause 55
› Townhouse and Low-Rise Code — Confined decision-making framework
Quick Take
1Under the post-VC267 clause 55 (Townhouse and Low-Rise Code), where a development meets a deemed-to-comply standard (including the overlooking standard B4-4), the corresponding objective is deemed met and the Tribunal has no discretion to impose additional conditions (such as screening) beyond what the standard requires, even where obvious amenity impacts may exist.
2The effect of a proposal on the value of individual properties is not a relevant planning consideration, particularly where scheme policies encourage residential development and urban consolidation.
3Clause 55 of the scheme purposefully excludes consideration of the Municipal Planning Strategy, Planning Policy Framework, zone purposes and clause 65 decision guidelines unless a specific decision guideline provides otherwise, confining the decision-maker's assessment to the standards and objectives within clause 55 itself.
