State Planning Scheme Amendment for Small Second Dwellings

Published on 15 December 2023

Mansfield Shire Council is committed to keeping the community updated on significant changes in planning regulations.

The State Government's recent Amendment VC253 to the Victorian Planning Provisions and all planning schemes, while a state initiative, will directly affect Mansfield Shire and will apply to a broad area across the shire.

This amendment introduces key changes that our residents should be aware of. The key changes under amendment VC253 are as follows:

Introduction of 'Small Second Dwelling': The amendment introduces a new category termed 'small second dwelling', defined as a self-contained dwelling with a floor area of no more than 60 square meters on the same lot as an existing dwelling.

Permit Exemptions and Requirements: In many zones, these small second dwellings will not require a planning permit, simplifying the process for homeowners. However, in areas with specific overlays, such as bushfire-prone areas or locations lacking reticulated sewer, planning permits may still be necessary.

Amendments to Specific Clauses: Heritage Overlay: Clause 43.01 has been amended to exempt small second dwellings from planning permits under certain conditions. Car Parking: Clause 52.06 now exempts small second dwellings from car parking requirements.

Building Setbacks and Safety: New clauses have been introduced for building setbacks and safety requirements for small second dwellings. Dependent Person’s Unit: The term has been replaced with 'small second dwelling'.

Strategic Assessment: The amendment has been made by the State to align with Victoria’s Housing Statement and aims to address housing affordability, increase housing choices, and facilitate diverse, inclusive communities.

Economic and Environmental Benefits: The benefits anticipated by simplifying the planning process include positive economic impacts by reducing regulatory burdens, and encouraging housing in established areas helps to minimize urban sprawl, offering environmental advantages.

Implementation and Compliance: While the amendment eases some planning processes, it’s important to note that building permits, ensuring safety and construction standards, are still required.

Mansfield Shire Council is dedicated to assisting residents in navigating these changes.

Council officers are available to offer guidance and support in understanding how these amendments apply specifically within Mansfield Shire and to ensure development aligns with both local and state regulations.

For further information or clarification, residents can contact Mansfield Shire Council by email at planningenquiries@mansfield.vic.gov.au or by phone on 5775 8555, or consult the State Government's planning resources.