Subdivision
Subdivision in the Bushfire Management Overlay (BMO)
A planning permit is required to subdivide land located in the Bushfire Management Overlay (BMO) and an application must meet the requirements of the BMO (Clause 44.06) and clause 52.47 – Bushfire protection: planning requirements.
The objectives, standards and decision guidelines for a subdivision application under the BMO cover the following matters:
- general requirements for subdivision
- subdivision requirements for residential lots
- location
- siting and layout
- bushfire protection measures
For more information about the BMO refer to Bushfire Management Overlay >>
Also refer to the CFA Key Subdivision Documents below.
Subdivision in the Wildfire Management Overlay (WMO)
If an application was made to subdivide land under the provisions of the Wildfire Management Overlay (WMO) prior to 18 November 2011 it will continue to be assessed under the WMO provisions.
Subdivisions in the Wildfire Management Overlay (WMO) are referred to CFA under section 55 of the Planning and Environment Act 1987. This means fire protection is considered and incorporated in the early stages of the subdivision process. This prevents fire protection measures being limited to conditions placed on individual lots and significantly increases the level of fire protection afforded to the development as a whole and the wider community.
Assessing a subdivision in the WMO
When assessing subdivision applications in the WMO, pursuant to Clause 44.06-2 of the planning scheme, applications must demonstrate that all fire protection requirements for protective features, water supply, access, public open space and vegetation have been considered and incorporated. All applications must include an assessment of the fire-related risk through a detailed development plan.
The onus is on the applicant to demonstrate that all relevant requirements have been incorporated into the design. CFA must then be able to validate this and ensure future fire risk and management implications for individual lots have been considered. It is critical that the required defendable space can be achieved for each building envelope.
For complex applications a pre-application site meeting is suggested to facilitate a shared understanding of the site’s constraints and opportunities.
CFA Key Subdivision Documents
CFA has developed several key documents that provide guidance on how applicants can achieve appropriate fire protection requirements for subdivisions - including within the BMO and WMO:
Additionally the WMO at Clause 44.06-5 indicates that the Responsible Authority must consider the following document. This is also useful for applicants designing subdivisions in the BMO and WMO:
Clause 56 Residential Subdivisions
Imposes regulatory requirements for applications to subdivide land in the:
- Residential 1
- Residential 2
- Residential 3
- Mixed Use
- Township
- Comprehensive Development, and
- Priority Development Zones
This Clause outlines standards and objectives and incorporates CFA requirements for water supply and access.
For further information:
Subdivisions outside the BMO and WMO
CFA must also consider the potential fire risk in subdivisions located outside the BMO and WMO. The major fire risk in most subdivisions in residential areas is from structure fires.
All subdivisions need access for emergency service vehicles and a reliable and readily available water supply. Clause 56 of the planning scheme details these requirements and incorporates CFA requirements for hydrants.
Streamlining subdivision referrals
In 2008 the referral requirements for residential subdivisions were changed to streamline the process. They now prevent subdivisions that already comply with CFA requirements from being unnecessarily referred.
Under the new provision applications that meet the requirements for hydrants at Clause 56.09-3 in the planning scheme - pdf no longer need to be referred to CFA.
CFA encourages applicants to consider and implement CFA requirements at the initial design stage. Compliance at the subdivision stage could be costly and or difficult if those requirements are ignored.
