Planning Scheme Updates

Most links on this page go to Victorian Planning Schemes online

VC53 Bushfire Recovery

Planning scheme amendment VC53 introduced a new Particular Provision at Clause 52.38 - pdf and a planning permit exemption under Clause 62.02-1 - pdf. The introduction of the new Provision was the Government’s response aimed at supporting the rapid recovery of fire affected communities through rebuilding of buildings damaged or destroyed in the 2009 Victorian bushfires.

Planning permit exemptions were introduced for buildings and works carried out by or on behalf of a municipality with an estimated cost of $1,000,000 or less. This provision was due to sunset on 31 March 2010 with a requirement for building and construction to be completed by this date however these exemptions have since been extended until the 31 March 2012 (see VC70 below).

VC70 Bushfire Recovery

Planning scheme amendment VC70 extends the sunset date of the initial planning scheme exemptions under Clause 52.38 - pdf. The exemptions for Bushfire Recovery are extended for buildings and works until 31 March 2011, for use to be brought into compliance with the planning scheme until 31 March 2012.

VC57 Bushfire Replacement Buildings Clause 52.39

Planning scheme amendment VC57 introduces a new Particular Provision at Clause 52.39 - pdf. The new Provision for Bushfire Replacement Buildings details permit exemptions for specific uses or buildings and works that were destroyed in the 2009 Victorian fires. The purpose of the amendment is to support the rebuilding of dwellings, dependent persons units and buildings used for agriculture that were destroyed by the 2009 Victorian fires.

VC65 Interim Measures for Bushfire Protection

Planning scheme amendment VC65 amends Clause 52.43 - pdf Interim Measures for Bushfire Protection in order to clarify that permit exemptions apply to existing buildings and not proposed buildings. The exemptions relate to vegetation removal to reduce fuel load and is commonly referred to as the 10/30 rule. These exemptions were due to sunset on 30 August 2010 but these have been extended by amendment VC73 until 1 March 2012.

VC42 Clause 56 Residential Subdivisions

Planning scheme amendment VC42 introduces new provisional arrangements for subdivision at Clause 56.10 - pdf. It modifies the subdivision application requirements in residential zones and applies Clause 56 provisions as subdivision application requirements to a number of zones. The new provision provides requirements for access and hydrants (CFA modified its preferred requirements).

VC49 Streamlining Victoria’s Planning System

Planning scheme amendment VC49 exempts certain matters from requiring a permit, which is part of Victoria’s streamlined planning system process. Relevant to CFA is the reduction in CFA referral obligations for subdivision applications under Clause 66.01 - pdf whereby referrals to CFA are required only when matters do not meet the standards of Clause 56.09-3 - pdf (fire hydrants and fire plugs).

Australian Standard AS3959-2009 and Regulation 804

AS3959-2009 is the national standard that specifies requirements for building construction in bushfire-prone areas. As a result of the 2009 Victorian bushfires it was amended to provide more stringent construction requirements. The Building Amendment Interim Regulations 2009 modified the Building Regulations 2006 to effectively declare the entire state of Victoria a bushfire-prone area.

On 9 March 2010 a further amendment to the Building Regulations 2006, Building Amendment (Bushfire Construction Short Term Requirements) Regulations 2010 came into operation. This amendment re-incorporated Regulation 804 in the Building Regulations 2006. As a result, if a site assessment for the purpose of determining the Bushfire Attack Level (BAL) has been considered as part of a planning application, the relevant building surveyor must now accept this site assessment.