The zoning and overlays relevant to the land is critical when determining whether a planning permit is required. Visit https://www.land.vic.gov.au/ and enter your address for zoning and overlay information specific to your property.
Residential zones
The residential zones include the land use term ‘small second dwelling’ and apply conditions and requirements for the use and development of land for a small second dwelling.
Planning permit requirements in the residential zones are set out below:
Zone | Is a planning permit required to use land? | Is a planning permit required to develop land? |
General Residential Zone Mixed Use Zone Neighbourhood Residential Zone Residential Growth Zone Township Zone | No planning permit required if all conditions are met. A small second dwelling is prohibited if the conditions are not met. Conditions:
| No planning permit required if the lot is 300sqm or greater, otherwise a planning permit is required. |
Low Density Residential Zone | No planning permit required if all conditions are met. A small second dwelling is prohibited if the conditions are not met. Conditions:
|
No planning permit required. |
Rural zones
The rural zones include the land use term ‘small second dwelling’ and apply conditions and requirements for the use and development of land for a small second dwelling.
Planning permit requirements in the rural zones are set out below:
Zone | Is a planning permit required to use land? | Is a planning permit required to develop land? |
Rural Living Zone Farming Zone Rural Activity Zone | No planning permit required if all conditions are met. A small second dwelling is prohibited if conditions are not met. Conditions:
|
No planning permit required unless within a specified setback from a road, boundary, dwelling, other small second dwelling or waterbody and earthworks aren’t required. |
Green Wedge Zone Green Wedge A Zone Rural Conservation Zone |
Planning permit required. A small second dwelling is prohibited if conditions are not met:
|
Planning permit required. |
Other zones
A small second dwelling is prohibited in a commercial zone.
Part A of the Urban Growth Zone (which applies to land where no precinct structure plan applies) includes the land use term ‘small second dwelling’ and apply conditions and requirements for use and development of land for a small second dwelling.
Zone | Is a planning permit required to use land? | Is a planning permit required to develop land? |
Urban Growth Zone (Part A) | No planning permit required if all conditions are met. A small second dwelling is prohibited if the conditions are not met. Conditions:
|
No planning permit required unless the development is within a setback from a road, boundary, dwelling, other small second dwelling or waterbody and earthworks aren’t required. |
The Urban Growth Zone (Part A) requires a planning permit for any new building proposed within 100 metres of an existing small second dwelling, consistent with the existing requirement for a dwelling.
Other zones may include conditions and requirements that apply to a small second dwelling.
Overlays
Some overlays have been specifically updated to include a small second dwelling as summarised in the table below. Other overlays also include planning permit and other requirements that may apply to a small second dwelling.
Overlay | Is a planning permit required? |
Heritage Overlay | A planning permit is not required if:
Otherwise, a planning permit is required. |
Design and Development Overlay | A planning permit is not required if:
Otherwise, a planning permit is required. A requirement specified in a schedule to the overlay that applies whether or not a planning permit is required, continues to apply. |
Neighbourhood Character Overlay | A planning permit is not required if:
Otherwise, a planning permit is required. |
Significant Landscape Overlay | A planning permit is required. The application is eligible for VicSmart |
Airport Environs Overlay and Melbourne Airport Environs Overlay | A planning permit is required, and other requirements apply. |
Other overlays | Existing requirements continue to apply. Planning permit and other requirements may also apply to a small second dwelling. |