Codification of ResCode Standards

Emily Marson
13 October 2023

In the first reported decision since the gazettal of Amendment VC243 (Amendment), VCAT has provided guidance as to the application of the codified ResCode standards.

In D’Andrea v Boroondara CC [2023] VCAT 1148, the Tribunal found that:

• Where codified Standard B17 is met in a proposal, the height and setbacks of a proposal from a boundary are deemed to comply with the objective at Clause 55.04-1 including the character of the locality and amenity outcome;
• This does not prevent consideration of bulk and amenity impacts that may result from matters outside the side and rear setbacks objective, for example length of walls, articulation, design and materiality which may be of relevance to neighbourhood character and amenity impacts; and
• Compliance with Standard B17 can be achieved via permit condition which would result in a proposal meeting Standard B17 and deemed to comply with the side and rear setbacks objective.

In summary, regard must be had to the particular words of the ResCode standards and objectives.