In April 2025 the State Government introduced new rules for townhouses and apartments. The new code introduces a deemed to comply assessment pathway to support faster decisions and greater certainty for townhouses and apartment buildings up to 3 storeys at clause 55 of all planning schemes.
- A development must meet all of the applicable objectives contained in clause 55.
- If a development meets a standard:
- The corresponding objective is deemed to be met
- The responsible authority isn’t required to consider the corresponding decision guidelines.
- If a development doesn’t meet a standard, the responsible authority must consider the applicable decision guidelines in determining whether the corresponding objective is met.
If an application meets certain requirements, the planning application can’t be refused on the basis of that requirement.
When a standard is met, the council isn’t required to consider any other policy or decision guideline in the planning scheme and specified matters under section 60 of the P&E Act.
For more information about the process, visit the Department of Transport and Planning’s Townhouse and Low-Rise Code page.