Residential development

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:

• Clause 52.06 – Car Parking(PDF, 120KB)
• Clause 55 – Two or more dwellings on a lot and Residential buildings(PDF, 22KB) , otherwise known as ResCode (for town house developments)
• Clause 52.34 – Bicycle facilities(PDF, 27KB) (for apartment developments)
• Clause 58 – Apartment Developments(PDF, 20KB) , otherwise known as Better Apartment Design Standards (BADS) (for apartment blocks)

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.

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 ResCode or BADS;
• A sweep of plans including:

• A design response plan.
• A site re-establishment survey.
• A site context plan.
• A proposed landscape plan.

• Existing and proposed:

• 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.