If you are developing a residential lot that is less than 500sqm in area, you need a Planning Permit to:

Challenges of developing smaller lots

When a lot is small in size, it's more difficult to make sure there is adequate sunlight, private open space and landscaping. You must be careful that the building does not impact on neighbours in terms of overlooking, overshadowing and visual bulk.

Your building should also comply with Council's Neighbourhood Character Precinct Statement Design Guidelines.

Heritage Overlays

If your lot is under 500sqm and also in a Heritage Overlay, use our checklist to help determine the items you need to support your Planning Permit application

Works on smaller lots that require a Planning Permit under certain circumstances

Clause 62 of the Boroondara Planning Scheme describes works that are exempt from needing planning permission for lots under 500sqm if:

  • the property meets specific conditions, and
  • there are no other factors that require you to get a Planning Permit.

Works for which exceptions may apply include:

For information about other building activities that may proceed on lots under 500sqm without a Planning Permit, email Statutory Planning.

Applying for a Planning Permit

Before you submit your application, you may wish to arrange a pre-application meeting with our Statutory Planning Department to ensure any preliminary issues or concerns are addressed.

VicSmart Planning Permits for residential lots under 500sqm

A Planning Permit application for residential lot under 500sqm is eligible to be assessed as VicSmart if it meets all of the following criteria:

  •  The development meets the minimum garden area requirement of Clause 32.09-4.
  • The development does not exceed a building height of 5m.
  • The property Is not visible from the street (other than a lane) or a public park.
  • The development meets the requirements in the following standards of Clause 54:
    • A15 Overlooking.
    • A14 Overshadowing open space.
    •  A13 North-facing windows.
    • A12 Daylight to existing windows.
    • A11 Walls on boundaries.
    • A10 Side and rear setbacks.

Note: For the purposes of this class of VicSmart application, the Clause 54 standards specified above are mandatory. If a schedule to the zone specifies a requirement of a standard different from a requirement set out in the Clause 54 standard, the requirement in the schedule to the zone applies and must be met.

Assessing proposals for works on smaller lots

Your proposal is assessed against Clause 54 of the Boroondara Planning Scheme known as Rescode.

Rescode covers matters such as:

  • Neighbourhood character to make sure a proposed development respects and responds to the physical context and streetscape in which it sits.
  • External amenity to makes sure a proposed development does not overshadow, overlook or provide unreasonable visual bulk to surrounding neighbours.
  • Internal amenity to make sure that a proposed development provides an appropriate site layout and design response to provide for the needs of future residents.

Council only allows the proposed development if it meets the Rescode objectives.

Council also refers to the Neighbourhood Character Study when assessing Planning Permit applications for smaller lots.

See assessing a Planning Permit application for a summary of Council's assessment process.

Further information

For help, email Statutory Planning or call 9278 4888.

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