Development Plan Overlay (Clause 43.04) in Whittlesea
Last checked 7 July 2026
The Development Plan Overlay (DPO) is used across Victoria to identify areas where the form and conditions of future use and development must be shown on a development plan before a permit can generally be granted to use or develop the land. Whittlesea applies the overlay through 34 separate local schedules — the primary mechanism gating new residential development in this precinct-structure-plan growth corridor municipality.
This describes what Whittlesea's planning scheme generally states, as last checked by PolicyPing. It isn't a site-specific assessment or a substitute for advice from a licensed practitioner. For your specific address, see ReefReport. Read the full methodology.
What Clause 43.04 generally requires
Shown on the planning scheme map as DPO with a number.
Purpose
To implement the Municipal Planning Strategy and the Planning Policy Framework.
To identify areas which require the form and conditions of future use and development to be shown on a development plan before a permit can be granted to use or develop the land.
To exempt an application from notice and review if a development plan has been prepared to the satisfaction of the responsible authority.
How Whittlesea's scheme varies this
Of the 34 DPO schedules, 2 name a specific category of work the responsible authority may approve before an approved development plan exists (for example a single dwelling on an existing lot, or works consistent with an existing permit), 26 apply a general discretionary test instead (a permit may be granted early only if the responsible authority is satisfied it won't prejudice the area's future development), and 0 state that no permit is required under the overlay at all; the rest set no differing pre-development-plan requirement, or use other wording not captured by these three categories. Which category applies, and exactly what it allows, depends entirely on the individual DPO schedule covering the land.
Where this applies
This applies only to land shown with a Development Plan Overlay (DPO) on the Whittlesea planning scheme map — that is, land covered by one of the 34 individual schedules above. Which schedule applies, and what it specifically allows or requires, depends on the exact location.
Frequently asked questions
How many Development Plan Overlay schedules does Whittlesea have?
Whittlesea's planning scheme currently has 34 local schedules to Clause 43.04, each covering a different precinct or site.
Can I get a permit before a development plan is approved?
This depends on the specific DPO schedule covering the land, but most of Whittlesea's schedules (26 of 34 classified) apply the same general discretionary test: a permit may be granted early only if the responsible authority is satisfied it won't prejudice the area's future development. A smaller number name a specific allowed category of work instead. Check the specific schedule, or use ReefReport for a site-specific check.
What is the Development Plan Overlay generally used for?
Under the Victoria Planning Provisions, the Development Plan Overlay is generally used to identify areas that require the form and conditions of future use and development to be shown on a development plan before a permit can be granted, and to exempt an application from notice and review once a satisfactory development plan is in place.