What’s easier now for Townhouse development in Victoria? (Tips on the new Clause 55) Part 1

What’s new in the Clause 55 Townhouse and Low Rise Code “deemed to comply” planning rules for two or more dwellings on a lot in Victoria?

The new Clause 55 has been in Victorian Planning Schemes for a few months now, here in this two part series we break down what are the key differences and new opportunities for clients looking to develop two or more dwellings on their land. Helping you make sense of the new rules, from reduced setbacks providing more development area to new tree canopy requirements we break it down so you know what to expect for your upcoming projects.

Standard B2-1 Street setbacks

One of the most significant changes is the update to Standard B2-1 Street Setbacks, designed to give developers greater flexibility for development area while still maintaining neighbourhood character.

Under the new Deemed to Comply standard, front setbacks can now be reduced to 6 metres, down from the previous average of neighbours or 9-metre benchmark in most cases. You only need to match the lesser of the two adjoining front setbacks or adopt a minimum of 6 metres—whichever is less to meet the standard.

This means that even if both neighbouring homes are set further back, a 6-metre setback can still be used, unlocking up to 3 metres of additional development area on some sites. This change is particularly beneficial in allowing more space in the rear of the property—for larger backyards or more efficient site layouts.

If there is only one neighbouring building, you can match its front setback or adopt the 6-metre rule. In cases where there are no neighbours, the minimum setback defaults to:

• 6 metres on Transport Zone 2 roads

• 4 metres on all other street types

Why This Change Matters

Street setbacks play a key role in shaping the feel of a neighbourhood—impacting visual appeal, walkability, and space for greenery like canopy trees. This updated standard respects the existing streetscape while allowing for more efficient land use, modern living needs, and supporting infill development.

Perhaps most importantly, if your proposed setback meets the new standard, Council must accept it, and neighbours cannot appeal the setback at VCAT. This provides developers and landowners with greater certainty and smoother project timelines. This is a significant change that brings a lot of comfort to clients and has drastically reduced the chances of them ending up in VCAT.

Standard B4-4 Overlooking

Another significant and positive changes in the updated Clause 55 provisions is the revision to Standard B4-4 Overlooking.

So, what’s changed?

The standard still aims to protect the privacy and amenity of existing secluded private open space and habitable room windows. But in a welcome shift, bedrooms are no longer considered habitable rooms for the purpose of overlooking. This is a big deal — especially for two-dwelling developments, where upper-storey bedrooms are common.

It means less need for 1.7m sill heights, obscure glazing, or privacy screens on bedroom windows — simplifying the design and enhancing the living experience.

What this means in practice

If you’re a designer or planner, it’s time to rethink the default. Stop over-screening and relying on high-set windows. Instead, take a contextual approach and only apply screening where it’s genuinely required by the standard.

✅ Less unnecessary screening
✅ More natural light
✅ Better outlooks
✅ Improved internal amenity

It’s a simple shift that can have a meaningful impact.

Applying the new standard

Only direct lines of sight within the defined area of view from a proposed habitable room window to neighbouring secluded private open space need to be assessed. That means no more blanket rules — just a considered, site-responsive approach.

Why it matters

Privacy still matters. But now, the standard supports achieving it without compromising design quality or liveability. It also helps reduce construction complexity and cost — a win-win for developers and future residents alike.

Standard B2-7 Tree canopy

Standard B2-7 now includes a clearer “Deemed to Comply” pathway — and it’s not just a box-tick exercise. It requires a solid understanding of both the design objectives and how to respond to them with a credible landscape plan.

If you’re designing to this standard, you’ll either need to get comfortable with canopy planning… or work with someone who is.

Key Requirements at a Glance

Here’s what you need to know about what counts and how to apply it:

• Retained trees can count toward your canopy cover, but they must:

  • Be at least 5m tall

  • Have a trunk circumference ≥ 0.5m at 1.4m above ground

  • Be located at least 4m from any proposed building (to meet the deemed to comply standard, with an arborist report that supports a reduced setback you are better off meeting the objectives and retaining a nice tree)

• Canopy cover to meet the % requirements using combinations outlined in Table A

• At least one tree (new or retained) must be provided in both the front and rear setbacks

• Trees closer than 4m to buildings don’t count toward canopy cover

👉 Tip: Tree canopy should be part of the design from the start — not crammed in after planning.

What Designers Need to Know

This standard now demands more thoughtful collaboration. You’ll need:

• A landscape plan that clearly classifies tree types and deep soil zones

• Canopy trees within the property boundary (not on nature strips or Council land)

• Compliance with deep soil and soil volume calculations
  (e.g., a 7m canopy tree needs approx. 23.1m³ of soil — that excludes drainage layers!)

For species selection, refer to:

• Your local Council planting guide, or

• websites like www.whichplantwhere.com.au or https://www.specialitytrees.com.au/trees for size and climate suitability in your local area or

• Pop into your local native nursery who are usually happy to help you with the best species for your site (and the requirements)

Examples from the Standard

• 10% canopy cover could be achieved by:

  • One retained Type A tree (>4m from development)

  • One new Type B tree

  • OR two new Type A trees

• 20% canopy cover on a 1600sqm site might require:

  • One retained Type B tree

  • One retained Type C tree

  • 13 new Type A trees

(Again — only trees ≥4m from buildings count.)

Why This Matters

This isn’t just a design headache — it’s about building more climate responsive neighbourhoods.

Tree canopies:

• Reduce urban heat

• Improve livability and comfort

• Strengthen streetscape character

• Support local biodiversity

Whether you’re a designer, developer, or planner, now’s the time to treat landscape design as essential — not optional.

Standard B5-3 Rooftop solar energy generation area

One of the more future-forward updates in Clause 55 is the new requirement for designated rooftop solar energy generation areas under Standard B5-3.

Whether or not solar panels are being installed today, your plans must now show that future installation is possible — no ifs, no buts.

What You Must Show on Your Plans

To meet the standard, every dwelling must include a clearly designated area on the roof that:

• Has minimum dimensions of 1.7 metres

• Meets a minimum total area (based on dwelling type)

• Is oriented to the north, west, or east

• Can be a single area or split into smaller sections

• Is unobstructed — meaning:

  • It’s free of any shading objects (like chimneys or walls)

  • For each obstruction, the solar area must sit outside a horizontal distance equal to twice the height of that object

📐 Think: if an object is 1.5 metres tall, your solar area must be at least 3 metres away from its base. This has been catching people out with their calculations

Why This Matters

This update isn’t just box-ticking — it’s about building more resilient, sustainable homes.

Future-proofing for rooftop solar:

• Gives homeowners the ability to generate their own electricity

• Reduces long-term energy costs and dependency on the grid

• Cuts greenhouse gas emissions and helps fight climate change

• Improves liveability, sustainability, and adds real value to a home

As a designer or planner, this is your signal to stop treating solar as an afterthought. You now need to intentionally design for it — and show it clearly in your documentation.

Standard B5-4 Solar protection to new north-facing windows

The latest Clause 55 updates bring a stronger emphasis on passive solar design, particularly through the updated Standard B5-4, which focuses on solar protection for north-facing windows.

This isn’t just a visual consideration — it’s about long-term comfort and energy efficiency. The new requirement encourages smart shading that lets in winter sun and blocks the harsh summer heat.

What Needs to Be Shown on Your Plans

To meet the standard, your plans, elevations, and sections must clearly show solar protection measures for all new north-facing windows.

Think:

• Eaves

• Fixed shading devices

• Architectural features

• Solar control solutions that are integrated into the design

The goal? Allow the low-angle winter sun in, and block the high-angle summer sun — improving internal comfort and reducing reliance on artificial heating and cooling.

Applying the Standard

Where possible, external fixed shading should be integrated directly into the building’s design. You should consider this early — not as a last-minute addition.

The decision guidelines ask that the responsible authority considers:

• The design response

• The orientation and size of the lot

• The usability of shading devices or alternative design solutions

In other words: the shading must be functional, not just decorative.

Why This Matters

This isn’t just about ticking a compliance box.

Well-designed solar protection:

• Increases thermal comfort year-round

• Reduces cooling and heating costs

• Improves environmental performance

• Supports liveability for residents

And yes — there are appeal rights, so it’s worth getting this part right from the start.

If your plans don’t yet show north-facing solar protection — or you’re not sure your design meets the intent — it’s time to review.

Next Steps for Navigating Clause 55 Changes

The updates to Clause 55 are more than just technical adjustments, they’re a shift toward smarter, more sustainable design. Whether it's reducing unnecessary screening, planning for canopy cover early, or thinking ahead with solar provisions, these changes matter.

We’ll be sharing more breakdowns of the updated standards in our next blog — so stay tuned.

Make sure to allow more time for preparing and plan reviews under the new rules with the deemed to comply provisions there’s greater scrutiny of the plans to ensure they unequivocally comply. So be kind to your Architect and Planner, it’s a bit more work at the front end but is set to speed up the approval pathway once the plan reviews are complete!

Need help understanding how these changes impact your next project? We love helping people with combined applications for subdivision and two or more dwellings on a lot so get in touch and see how we can help put you in the best position for a smoother, faster approval.
Book a free call to chat with our team and get clarity on next steps to bring your projects to life.

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