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Definitions of amenity in planning in Victoria

The concept of amenity has different contexts with in planning in Victoria. In the realm of strategic planning, which informs local planning schemes, amenity includes broad objectives such as encouraging higher housing density development in areas that feature open space, access to activity centres, community facilities and public transport.

Amenity also relates to the pleasantness and good functioning of an area. It is differentiated from neighbourhood character which is about a sense of place and community. Both feature in planning schemes at a more granular level. There are standards of residential amenity that apply to all residential development, irrespective of the neighbourhood character. Sometimes, these amenity standards can have an effect on neighbourhood character, but they should be treated separately.

The Amenity Standards in Clause 54 and Clause 55 affect all planning permits for residential development in Victorian planning schemes, and are applied through buildings through building regulations when planning permits aren’t required. The Amenity Standards include:

    • A10 Side and rear setbacks
    • A11 Walls on boundaries
    • A12 Daylight to existing windows
    • A13 North-facing windows
    • A14 Overshadowing
    • A15 Overlooking

These objectives and standards must be addressed in the proposed design, and therefore included in plans, and note that schedules to the zone may modify these standards.

Other forms of amenity in planning

Other concepts of amenity are sometimes referred to in planning schemes. Some examples include:

    • Visual bulk generally refers to side and rear setbacks.
    • Environmental amenity may include impact on vegetation.
    • Internal amenity includes an acceptable living environment for future occupants.
    • Visual amenity includes avoiding impact on the character of an area.

The Amenity Standards in ResCode

54.04-1 Side and rear setbacks objective
To ensure that the height and setback of a building from a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

Standard A10
A new building not on or within 200mm of a boundary should be set back from side or rear boundaries:

    • At least the distance specified in a schedule to the zone, or
    • If no distance is specified in a schedule to the zone, 1 metre, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres.

Sunblinds, verandahs, porches, eaves, fascias, gutters, masonry chimneys, flues, pipes, domestic fuel or water tanks, and heating or cooling equipment or other services may encroach not more than 0.5 metres into the setbacks of this standard.

Landings having an area of not more than 2 square metres and less than 1 metre high, stairways, ramps, pergolas, shade sails and carports may encroach into the setbacks of this standard.

View Diagrams explaining how Standard A10 Side and rear setbacks is applied.

Decision guidelines
Before deciding on an application, the responsible authority must consider:

    • Any relevant neighbourhood character objective, policy or statement set out in this scheme.
    • The design response.
    • The impact on the amenity of the habitable room windows and secluded private open space of existing dwellings.
    • Whether the wall is opposite an existing or simultaneously constructed wall built to the boundary.
    • Whether the wall abuts a side or rear lane.

54.04-2 Walls on boundaries objective
To ensure that the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

Standard A11
A new wall constructed on or within 200mm of a side or rear boundary of a lot or a carport constructed on or within 1 metre of a side or rear boundary of a lot should not abut the boundary:

    • For a length more than the distance specified in a schedule to the zone; or
    • If no distance is specified in a schedule to the zone, for a length of more than:
      • 10 metres plus 25 per cent of the remaining length of the boundary of an adjoining lot, or
      • Where there are existing or simultaneously constructed walls or carports abutting the boundary on an abutting lot, the length of the existing or simultaneously constructed walls or carports, whichever is the greater.

A new wall or carport may fully abut a side or rear boundary where the slope and retaining walls or fences would result in the effective height of the wall or carport being less than 2 metres on the abutting property boundary.

A building on a boundary includes a building set back up to 200mm from a boundary.

The height of a new wall constructed on or within 200mm of a side or rear boundary or a carport constructed on or within 1 metre of a side or rear boundary should not exceed an average of 3.2 metres with no part higher than 3.6 metres unless butting a higher existing or simultaneously constructed wall.

View Diagrams explaining how Standard A11 Walls on boundaries is applied.

Decision guidelines
Before deciding on an application, the responsible authority must consider:

    • Any relevant neighbourhood character objective, policy or statement set out in this scheme.
    • The design response.
    • The extent to which walls on boundaries are part of the neighbourhood character.
    • The visual impact of the building when viewed from adjoining properties.
    • The impact on the amenity of existing dwellings.
    • The opportunity to minimise the length of walls on boundaries by aligning a new wall on a boundary with an existing wall on a lot of an adjoining property.
    • The orientation of the boundary that the wall is being built on.
    • The width of the lot.
    • The extent to which the slope and retaining walls or fences reduce the effective height of the wall.
    • Whether the wall abuts a side or rear lane.
    • The need to increase the wall height to screen a box gutter.

54.04-3 Daylight to existing windows objective
To allow adequate daylight into existing habitable room windows.

Standard A12
Buildings opposite an existing habitable room window should provide for a light court to the existing window that has a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky. The calculation of the area may include land on the abutting lot.

Walls or carports more than 3 metres in height opposite an existing habitable room window should be set back from the window at least 50 per cent of the height of the new wall if the wall is within a 55 degree arc from the centre of the existing window. The arc may be swung to within 35 degrees of the plane of the wall containing the existing window.

Where the existing window is above ground floor level, the wall height is measured from the floor level of the room containing the window.

View Diagrams explaining how Standard A12 Daylight to existing windows is applied.

Decision guidelines
Before deciding on an application, the responsible authority must consider:

    • The design response.
    • The extent to which the existing dwelling has provided for reasonable daylight access to its habitable rooms through the siting and orientation of its habitable room windows.
    • The impact on the amenity of existing dwellings.

54.04-4 North-facing windows objective
To allow adequate solar access to existing north-facing habitable room windows.

Standard A13
If a north-facing habitable room window of an existing dwelling is within 3 metres of a boundary on an abutting lot, a building should be setback from the boundary 1 metre, plus 0.6 metre for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres, for a distance of 3 metres from the edge of each side of the

window. A north-facing window is a window with an axis perpendicular to its surface oriented north 20 degrees west to north 30 degrees east.

View Diagrams explaining how Standard A13 North-facing windows is applied.

Decision guidelines
Before deciding on an application, the responsible authority must consider:

The design response.

Existing sunlight to the north-facing habitable room window of the existing dwelling.

The impact on the amenity of existing dwellings.

54.04-5 Overshadowing open space objective
To ensure buildings do not unreasonably overshadow existing secluded private open space.

Standard A14
Where sunlight to the secluded private open space of an existing dwelling is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September.

If existing sunlight to the secluded private open space of an existing dwelling is less than the requirements of this standard, the amount of sunlight should not be further reduced.

View Diagrams explaining how Standard A14 Overshadowing of open space is applied.

Decision guidelines
Before deciding on an application, the responsible authority must consider:

    • The design response.
    • The impact on the amenity of existing dwellings.
    • Existing sunlight penetration to the secluded private open space of the existing dwelling.
    • The time of day that sunlight is available to the secluded private open space of the existing dwelling.
    • The effect of a reduction in sunlight on the existing use of the secluded private open space.

54.04-6 Overlooking objective
To limit views into existing secluded private open space and habitable room windows.

Standard A15
A habitable room window, balcony, terrace, deck or patio should be located and designed to avoid direct views into the secluded private open space and habitable room windows of an existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio. Views should be measured within a 45 degree angle from the plane of the window or perimeter of the balcony, terrace, deck or patio, and from a height of 1.7 metres above floor level.

A habitable room window, balcony, terrace, deck or patio with a direct view into a habitable room window of existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio should be either:

    • Offset a minimum of 1.5 metres from the edge of one window to the edge of the other, or
    • Have sill heights of at least 1.7 metres above floor level, or
    • Have obscure glazing in any part of the window below 1.7 metres above floor level, or
    • Have permanently fixed external screens to at least 1.7 metres above floor level and be no more than 25 per cent transparent.

Obscure glazing in any part of the window below 1.7 metres above floor level may be openable provided that there are no direct views as specified in this standard.

Screens used to obscure a view should be:

    • Perforated panels or trellis with a maximum of 25 per cent openings or solid translucent panels.
    • Permanent, fixed and durable.
    • Designed and coloured to blend in with the development.

This standard does not apply to a new habitable room window, balcony, terrace, deck or patio which faces a property boundary where there is a visual barrier at least 1.8 metres high and the floor level of the habitable room, balcony, terrace, deck or patio is less than 0.8 metres above ground level at the boundary.

View Diagrams explaining how Standard A15 Overlooking is applied.

Decision guidelines
Before deciding on an application, the responsible authority must consider:

    • The design response.
    • The impact on the amenity of the secluded private open space or habitable room window.
    • The existing extent of overlooking into the secluded private open space and habitable room windows of existing dwellings.
    • The internal daylight to and amenity of the proposed dwelling.

Creative Commons License Source Clause 54.04 – Amenity Impacts by the Department of Transport and Planning