A town planning permit is required to construct two or more dwellings on one property. This page will outline the steps you must take to obtain this permit.
Determine the planning controls
Every property has a set of planning controls that specifies when a planning permit is required. These controls will determine the parameters to which you can or can’t build two or more dwellings on a lot.
To find out what controls apply to your property you can search using our property information tool or the Department of Transport and Planning's VicPlan tool.
The relevant controls that are generated from these resources will be the zoning and overlays relevant to your site. The zones and overlays will specify what other criteria of the Kingston Planning Scheme you must comply with.
Typically for residential developments in residential zones the main ones will be:
Importantly you must also observe:
- any schedule to a zone, as the above requirements are often varied;
- any restrictions, covenants, or Section 173 agreements on your land title;
- if your site adjoins a road zone (i.e. a main road such as Nepean Highway); and
- the site context such as power poles, stormwater pits, easements, neighbours, street trees, trees on site and trees on neighbouring properties.
Should you need any assistance you can call Town Planning Department on 1300 653 356 or book a virtual appointment.
Townhouse & low-rise code
The Victorian Government introduced the Townhouse and Low-Rise Code into the Planning Scheme (replacing ResCode - Clause 55 (1 to 3 storey development) that took effect on 6 March 2025. The new Code introduces a deemed to comply assessment pathway to support the Victorian Government's commitment to delivering housing that benefits Victorians and makes it easier for builders, buyers and renovators to get planning permits.
Clause 55 – Two or more dwellings on a lot and residential buildings (1 to 3 storeys)
Clause 55 of all planning schemes applies to the development of two or more dwellings on a lot and residential buildings up to and including three storeys.
A planning permit is always required for these developments in the residential zones.
Clause 55 does not apply to a development of four or more storeys. Clause 57 applies to residential development of four storeys.
When land is within the Residential Growth Zone, General Residential Zone, Neighbourhood Residential Zone, Mixed Use Zone or Township Zone, clause 55 must be used by a responsible authority (usually a council) to assess the:
- construction of a second dwelling if there is at least one dwelling existing on the lot
- construction of two or more dwellings on a lot
- extension of a dwelling if there are two or more dwellings on the lot
- construction or extension of a dwelling on common property
- construction or extension of a residential building.
How does a deemed to comply assessment work under clause 55?
- A development must meet all of the applicable objectives contained in clause 55.
- If a development meets a standard:
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- The corresponding objective is deemed to be met;
- The responsible authority is not required to consider the corresponding decision guidelines.
- If a development does not 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 cannot be refused on the basis of that requirement.
When a standard is met, the council is not required to consider any other policy or decision guideline in the planning scheme and specified matters under section 60 of the P&E Act.
New exemption for third party review (VCAT appeal)
A council must decide whether to advertise a development proposal to neighbours and the community (notice is required for most permit applications). People may make an objection or submission to the council.
Where all the applicable standards are met, there will be no third party right of appeal, under section 82(1) of the Planning and Environment Act 1987 (objector appeal to the Victorian and Civil Administrative Tribunal (VCAT)).
The applicable standards are:
Neighbourhood character
Clause 55 sets out key neighbourhood character standards for:
- street setback
- building height
- side and rear setbacks
- walls on boundaries
- site coverage
- access
- tree canopy
- front fences
If the standard is met it meets the objective.
If the standard is not met, council is able to assess the alternative design solution against any relevant neighbourhood character objectives, policy or statement set out in the scheme.
Application requirements
Under clause 55.01 (Application requirements) of the planning scheme an application must be accompanied by a "written statement outlining which standards are met and which are not met. If a standard is not met, the written statement must include an explanation of how the development meets the corresponding objective having regard to the corresponding decision guidelines".
Kingston City Council has created a user-friendly checklist(PDF, 215KB) template that we encourage permit applicants to use and complete to form part of their written assessment.
Applying for a permit
It’s recommended to engage a professional to lodge a town planning application for on your behalf. Relevant professionals include, but are not limited to, draftsperson, architects and/or town planning consultants.
A town planning application for two or more dwellings should typically be accompanied by:
- a certificate of title (less than three months old). This can be obtained from Landata.vic.gov.au or ordered from us.
- a Town Planning Report that describes the proposal, assesses the zones and overlays applicable to the site and assesses all other relevant parts of the Kingston Planning Scheme, including Townhouse & Low-Rise Code or Apartment Development requirements:
- A sweep of plans including:
- A design response plan.
- A site re-establishment survey.
- A site context plan.
- A proposed landscape plan.
- Floor plans
- Elevation plans
- Shadow diagrams
- Site photos of the street and subject site.
- Arborist report (if the proposal is seeking the removal of significant trees or may impact upon existing trees).
- Ecologically Sustainable Development (ESD) report (for developments of three (3) or more dwellings).
- Cultural Heritage Management Plan, if required
Apply for town planning permit
For information regarding what happens in the planning process and what happens after the permit is issued please see planning permit applications and changes to your planning permit if any amendments need to be made.