Sample — Planning Report — Multi-Dwelling (VIC) | townplanning.com.au

This is a large General Residential Zone (GRZ1) lot in Bairnsdale, and the customer's intent is a multi-dwelling development of three or more dwellings assessed under Clause 55. The lot is subject to a Heritage Overlay (HO7) covering effectively the entire property (97% of lot), which is the single most material planning constraint here — it affects everything from permit triggers to design expectations and decision-making weight. The LSIO and EMO are shown in the spatial data but the authoritative overlay classification confirms they apply to adjacent land only, not to this lot. Both are noted for context but do not impose controls on this development.

Before walking through each control in turn, the key feasibility signal is this: a GRZ1 lot of this size is genuinely large by any metropolitan or regional standard, and the zone does not cap dwelling numbers at a low figure. The binding constraints on yield and design will come from the Heritage Overlay (HO7), the Clause 55 ResCode standards (in particular garden area, setbacks, and private open space), and the Bushfire Prone Area designation. A well-designed multi-dwelling project is legally feasible here — but the heritage layer means design quality and conservation justification will be under close scrutiny, and the project will almost certainly need a Heritage Impact Statement.

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ZONE — GENERAL RESIDENTIAL ZONE (GRZ1, Clause 32.08)

The GRZ1 is Victoria's 'encourage housing growth' residential zone. Under Clause 32.08-7, a permit is required to construct two or more dwellings on a lot. That trigger is clearly engaged here. The purpose of the GRZ includes providing housing at a range of densities, responding to infrastructure capacity, and offering a variety of housing types. Multi-dwelling development is squarely within the zone's contemplated use.

Garden area is a mandatory requirement under Clause 32.08-4 and cannot be varied by permit. For a lot exceeding 650 m², the required garden area is 35% of the lot area. That means at least 35% of the site must be set aside as garden area (vegetated, permeable, non-building, non-hardstand). This is not a small constraint — on a lot of this size it is actually workable, but the site layout must protect this zone and it typically shapes the footprint and coverage of any multi-dwelling arrangement. Garden area is IN ADDITION to (not the same as) the Clause 55 site coverage and permeability standards.

The GRZ1 schedule for East Gippsland was not fetched by the ordinance loader, so I cannot quote schedule-specific variations to height limits, setbacks, or site coverage with certainty. The base GRZ clause sets a default maximum building height of 11 m (two to three storeys) unless the schedule specifies otherwise. Confirm the GRZ1 East Gippsland schedule via council or the planning scheme viewer — any schedule variations to height, site coverage, setback, or garden area override the defaults I have quoted.

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HERITAGE OVERLAY — HO7 (Clause 43.01)

HO7 covers 97% of this lot — for all practical purposes, the entire site is heritage-affected. This is the controlling overlay for this development and must be treated as the primary lens through which the project is designed and assessed.

Under Clause 43.01-1, a permit is required to:

Construct a building or construct or carry out works (this includes ALL new dwellings, outbuildings, driveways, fences, retaining walls, and landscape structures);
Externally alter a building by structural work, rendering, sandblasting or in any other way;
Demolish or remove a building;
Construct or display a sign.

For a multi-dwelling proposal this means: every new dwelling, every driveway, every fence and every landscape element requires a permit by reason of HO7, in addition to the Clause 32.08-7 multi-dwelling permit. In practice, these are combined into a single planning permit application, but both triggers must be cited and addressed.

The heritage significance of the place registered under HO7 is not described in the material loaded here — the HO schedule for East Gippsland HO7 was not fetched. This is a critical gap. The HO7 schedule will identify:

The statement of significance (what is heritage-significant — the existing building, the garden, the setting, specific trees, the street alignment, the curtilage boundary);
Whether internal alterations are exempt from the permit requirement (the 'internal controls apply' attribute);
Whether external paint controls apply (if YES, repainting in any colour needs a permit; if NO, repainting in like-for-like colour may be exempt — but repainting an unpainted surface is always a trigger regardless of the schedule);
Any specific decision guidelines for the place.

Without the HO7 schedule text, I cannot tell you what specifically is significant on this property. That schedule text is essential reading before committing to a design. Obtain it from council or the East Gippsland Planning Scheme at Clause 43.01 (Schedule 7).

Decision guidelines for heritage permits under Clause 43.01-7 require the Responsible Authority to consider whether the development is sympathetic to the heritage place, whether it retains the ability to understand the significance of the place, and whether it avoids alteration of significant fabric. For multi-dwelling development on a heritage site this typically means:

New dwellings must be sited to the rear, or in a location that preserves the heritage building's setting and curtilage;
The heritage building (if one exists) must be retained and not altered in ways that harm its significance;
New buildings must be clearly contemporary in design (not a pastiche), appropriately subordinate to the heritage building, and setback from the primary street frontage;
Demolition of a heritage-significant building or structure is extremely difficult to permit and almost certainly not supported.

A Heritage Impact Statement (HIS) prepared by a qualified heritage consultant is effectively mandatory for a multi-dwelling development on a heritage site. The HIS must describe what is significant, assess the impact of the proposed works, and demonstrate how the design responds to and conserves significance. Budget for this as a project cost — it is not optional.

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CLAUSE 55 — RESCODE STANDARDS FOR TWO OR MORE DWELLINGS

The full Clause 55 assessment will be required at permit stage, but the headline standards that will shape design on a GRZ1 lot of this size are:

Garden area (Clause 32.08-4): 35% of the site is the minimum garden area. This is the binding design constraint for yield — it limits how much of the site can be built on and hardstand.

Site coverage (Clause 55 / GRZ schedule): The GRZ1 default site coverage maximum under Clause 55 is 60% — though post-VC267 the GRZ standard is 65% unless the schedule specifies otherwise. On a lot of this size, even 60% coverage would allow a generous building footprint and is not a practical constraint here — yield will be constrained by garden area, setbacks, heritage siting requirements, and private open space long before coverage is reached.

Building height: GRZ default is 11 m maximum (two to three storeys) unless the schedule varies this. Given the Heritage Overlay and the likely requirement for new dwellings to be subordinate to any heritage building, a two-storey maximum is more realistic in heritage terms.

Side and rear setbacks (Clause 55, B3-3 / Standard B6): For a first-storey wall, the minimum side setback is calculated from wall height — the standard ResCode formula is 1 m + (H-3.6)/5 where H is the wall height. Rear setback for first storey is a minimum of 3 m, increasing for upper storeys. Heritage requirements may impose greater setbacks in practice.

Private open space (Clause 55, Standard B28 / post-VC267 B3-7): Each dwelling must have a secluded private open space with a minimum area of 25 m² and a minimum dimension of 3 m. On a site of this scale this is readily achievable.

Parking (Clause 52.06): For residential dwellings, the requirement depends on the Car Parking Requirement Map category for this lot. Bairnsdale is a regional centre, and this lot's car parking category is not confirmed from the snapshot — likely Cat 3 or Cat 4 (regional areas) where resident parking rates typically are 1 space per 1-bedroom dwelling and 2 spaces per 2+-bedroom dwelling, with 1 visitor space per 5 dwellings (Cat 1 rate; at Cat 3 the visitor space requirement may be zero). Confirm the lot's Cl 52.06 Car Parking Requirement Map category before finalising the parking layout. Even if visitor spaces are not required at the applicable category, resident spaces must be provided. A shortfall against the Table 1 rate requires a Cl 52.06-3 parking reduction permit.

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BUSHFIRE PRONE AREA

This lot is in a Bushfire Prone Area. This means:

A BAL (Bushfire Attack Level) assessment must be undertaken by a suitably qualified assessor;
Construction must comply with the BAL rating under Australian Standard AS 3959 (Construction of Buildings in Bushfire-Prone Areas);
At permit stage, the Responsible Authority must consider bushfire risk as a decision guideline;
Note that this lot is NOT in a Bushfire Management Overlay (BMO) based on the controls loaded — being in a Bushfire Prone Area (which triggers the NCC/AS 3959 construction standard path) is a lesser designation than being in a BMO (which requires a full Clause 52.47 / 44.06 assessment with defendable space, BAL mapping, and CFA referral). Confirm via the PPR whether a BMO applies — the snapshot does not show one, but the Bushfire Prone Area designation is confirmed.

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ABORIGINAL CULTURAL HERITAGE

This property is in a mapped area of Aboriginal Cultural Heritage Sensitivity under the Aboriginal Heritage Act 2006. A Cultural Heritage Management Plan (CHMP) may be required if the proposed multi-dwelling development constitutes a 'high impact activity' — which most residential developments involving significant earthworks (foundations, drainage, retaining walls) in a mapped sensitivity area do. CHMP preparation takes 3-6 months and requires a qualified heritage advisor. The Registered Aboriginal Party (RAP) for the Bairnsdale area should be identified and engaged early. Do not commence design for earthworks or ground disturbance without first confirming CHMP requirements.

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SUMMARY FEASIBILITY

On a lot of this size in GRZ1 with no hard cap on dwelling numbers from the zone, the theoretical yield for multi-dwelling development is significant — this site could support a substantial townhouse cluster or villa unit development. The practical ceiling will be set by:

Heritage Overlay HO7 — design must conserve heritage significance; new dwellings must be sited and designed sympathetically. The HO7 schedule (which we haven't read) may include specific curtilage or setback requirements that further constrain siting.
Garden area — the mandatory 35% minimum permeable/vegetated area reduces buildable footprint.
The character of the existing heritage place — if the existing building and its setting constitute the significance, the developer's approach will need to prioritise the heritage building and work the multi-dwelling component around it.

A project with 6-12 dwellings is plausible on this lot size, depending on the heritage siting constraints. Projects with more than 10 dwellings are sometimes subject to additional ESD/BESS requirements under council policy — check the East Gippsland local planning policies.

The single most important early investment is commissioning the HO7 schedule review and a preliminary Heritage Impact Statement to understand what is significant on the property and where new development can be sited. Attempting to commit to a yield or design before that step carries real risk of an unacceptable application.