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AdvisoryNote

May 2009

Department of Planningand Community Development

Bushfire replacement buildings Amendment VC57This advisory note provides information aboutthe introduction of a new planning schemeprovision, Clause 52.39 2009 Bushfres Replacement Buildings . The new provisionenables landowners to rebuild houses andother types of buildings that were damagedor destroyed in the 2009 Victorian bush reswithout having to satisfy the normal planningscheme requirements.

The new provision exempts the rebuilding of dwellings and other types of buildings fromany requirement of the scheme, including anyrequirement to obtain a planning permit to useand develop land.

The new provisions will make it easier for people to rebuild their homes and farms andsave councils time and money in processingplanning permit applications for replacementdwellings and other buildings.

Amendment VC57 introduced the new planning

scheme provision, Clause 52.39 2009 Bushfres Replacement Buildings into all planning schemes.

The purpose of the new provision is to support therebuilding of dwellings, dependent persons unitsand buildings used for agriculture damaged or destroyed by the 2009 Victorian bush res.

What types of buildings does thenew provision apply to?The new provision applies to the following types of buildings:

Dwellings

Dependent persons units

Buildings used for agriculture.

A dwelling is a building used as a self containedresidence. It includes out-buildings such as garagesand sheds.

A dependent persons unit is a movable building onthe same lot as an existing dwelling and used toprovide accommodation for a person dependent ona resident of the existing dwelling.

A building used for agriculture includes any buildingused in association with farming including storagesheds and buildings used for intensive animalindustries.

What does the new provision do?If one of these types of buildings was damagedor destroyed by a bush re that occurred between1 January 2009 and 31 March 2009, the newprovision allows them to be replaced andused without having to comply with the normalrequirements of the planning scheme, including anyrequirement to obtain a planning permit. However,speci c conditions must be met before constructionof replacement buildings can commence. Theseconditions are explained below.

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The new provision also allows the removal,destruction or lopping of vegetation to enable theconstruction, use and maintenance of a buildingrebuilt in accordance with the new provision.

The new provision does not apply to land in aHeritage Overlay. If a property is in a HeritageOverlay, please contact your council for further advice.

Do other existing planning schemeexemptions continue to apply?Yes. The exemptions provided by this new provisiondo not remove other existing planning scheme

exemptions. For example, if a planning permit is notrequired to use or develop land for a dwelling, thenthe requirements of the new provision do not applyand the landowner can commence rebuilding onceother relevant approvals, such as a building permit,have been obtained.

What do I need to do before Icommence rebuilding?The provision has been designed to allow for asimple site plan approval by your local council toenable you to then seek building approval andcommence rebuilding. The new provision includesseveral important conditions that must be satis edbefore you can commence rebuilding. Each of these requirements is explained in detail below:

You must submit a site plan rstBefore constructing a replacement building allowedunder the clause, a site plan must be preparedand submitted to the local council for approval by30 June 2012. After this date, the normal planning

scheme provisions will apply.Once the site plan has been approved by thecouncil, you have two years to commencerebuilding. Rebuilding must be completed withintwo years after you commence building. However the council may allow an extension of time if youmake a request before these dates are reached or within three months after.

The preparation and approval of a site plan enablesthe local council to assess the location of thereplacement building/s on the property and provideadvice on whether adjustments to its location on theproperty will achieve a better outcome.

Rebuilding must be undertaken in accordance withthe approved site plan.

The site plan is a simple plan which must show the

following information:The boundaries of the property.

The location of any damaged or destroyedbuilding.

The proposed location of the replacementbuilding.

Existing and proposed access.

Any vegetation to be removed, destroyed or lopped to enable the rebuilding to take place.

If your property is located in a rural zone, the siteplan must also show:

the location and dimensions of the vehicleaccess

the location and storage of water for potableand re ghting purposes if not connected to areticulated potable supply

the location of the waste water treatment systemif waste water is being treated on site.

Conditions to be metFor land in the Farming Zone, Rural ConservationZone, Rural Activity Zone, Green Wedge Zone,Green Wedge A Zone or the Rural Living Zone,replacement dwellings and dependent personsunits must make provision for water, sewerage,vehicle access and power supply.

These are standard matters that are consideredfor new residential development in rural areas andshould ensure that a minimum level of services androad access is provided.

Owners in rural areas should discuss the serviceand access requirements with the local council. Thecouncil will provide guidance on what is appropriateaccess to a site and the appropriate provision of waste water treatment facilities and other services.

Access to the dwelling or dependent personsunit must be provided via an all weather road withdimensions adequate to accommodate emergencyvehicles.

The dwelling or dependent persons unit must be

connected to a reticulated sewerage system or if not available, the waste water must be managed tothe satisfaction of the responsible authority.

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The dwelling or dependent persons unit must beconnected to a reticulated potable water supplyor have an alternative potable water supply withadequate storage for domestic use as well as for

re ghting purposes.

The dwelling or dependent persons unit must beconnected to a reticulated electricity supply or havean alternative energy source.

You require additional authorisation if..Some land is subject to ooding, erosion or other special requirements and so additionalauthorisation is required. Authorisation is a writtenapproval from the relevant authority and maycontain some additional requirements which mustbe obtained before you start building. It is a goodidea to understand these requirements early. Your local council can help you identify who you need totalk to.

your property is in a Flood Overlay, Land Subject to Inundation Overlay or Special Building Overlay If your property is identi ed in the planning schemeas being susceptible to ooding, you will requirethe written authorisation of the relevant ood plainmanagement authority before you can commenceconstruction of your building or any associatedworks.

For properties outside metropolitan Melbourne, theood plain management authority is the catchment

management authority. Inside metropolitanMelbourne the ood plain management authority isMelbourne Water.

It is recommended that you contact the ood plainmanagement authority before submitting your site

plan to the council for approval.your property is in an Erosion Management Overlay If your property is located in the Shire of YarraRanges and is also in an Erosion ManagementOverlay (EMO) you will require additional writtenauthorisation from the Yarra Ranges Shire Councilprior to commencing construction of your building,any associated works or removing any vegetation.

In the Yarra Ranges the EMO identi es areas

that are susceptible to landslip. The DandenongRanges, parts of Silvan, the Don River Valley andWarburton, together with other areas in the Shire,

have all been identi ed as being susceptible tolandslip.

A number of geotechnical studies have been

undertaken, in various forms, in the former Shires of Lillydale, Upper Yarra, Healesville andSherbrooke, and in the broader region administeredby the former Upper Yarra Valley and DandenongRanges Authority.

The Shire of Yarra Ranges has developed auniform classi cation of landslip risk, together withdevelopment control criteria to meet the needs of those who wish to develop land which is potentiallyaffected by landslip.

The control of environmental factors, suchas vegetation cover, drainage, rock and soildisturbance, and ef uent and stormwater disposal,are important in managing the risk of landslip for residents and those who wish to develop landaffected by this overlay.

Interaction between planning andbuilding approvalsLandowners will still require a building permit toensure structural safety and implementation of the

new bush re requirements.

However it is possible to co-ordinate the approvalof a site plan and issuing of a building permit in oneprocess through councils.

Councils have already brought together planning,building and health services and considerationsto support rebuilding. Additional support is beingnegotiated with councils to enable one interaction atthe counter with a landowner to ease the process.

Can I rebuild in the same location?In most cases you will be able to rebuild in thesame location. However, before submitting the siteplan for approval, landowners are encouraged toconsider if alternative locations on their property willachieve a better outcome in relation to bush re risk.

Before approving your site plan the council willwork with you to identify if there are other sites onyour property which may assist in reducing therisk from bush re. For properties with particular characteristics that contribute to greater risk frombush re, the council may ask the Country FireAuthority for advice. You are also encouraged to

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Published by the Victorian Government Department of Planning andCommunity Development Melbourne, May 2009. The State of Victoria, Department of Planning and CommunityDevelopment 2009.

This publication is copyright. No part may be reproduced by anyprocess except in accordance with the provisions of the Copyright Act 1968 .

Authorised by the Victorian Government, 8 Nicholson Street, EastMelbourne.

This publication may be of assistance to you but the State of Victoriaand its employees do not guarantee that the publication is without

aw of any kind or is wholly appropriate for your particular purposesand therefore disclaims all liability for any error, loss or other consequence which may arise from you relying on any information inthis publication.

www.dpcd.vic.gov.au/planning

seek CFA advice directly.

The CFA provides information and advice abouthow to site dwellings to reduce bush re risk and

other bush re risk management actions. Thisinformation is available on the CFA website:www.cfa.vic.gov.au

Alternatively, you can contact the CFA on9262 8444.

If you propose a different location, a range of factors will be considered by the council deciding toapprove your site plan. It is important that you tellyour council why you have chosen the alternativelocation.

I had two dwellings before the res;can I rebuild both of them?Yes. If, for example, you previously had twodwellings on your property but the planning schemenow only allows one, the new provision allowsyou to rebuild both dwellings. Under the newprovision the land must not be used for more thanthe number of dwellings that were damaged or destroyed by the bush res.

Can I remove vegetation when Irebuild?Yes. The new provision enables vegetation tobe removed to enable the construction, use andmaintenance of a replacement building. Vegetationbeyond 10 metres of the building cannot beremoved for maintenance of the building. However,other planning permit exemptions in the planningscheme for vegetation removal continue to beavailable for landowners. This includes the planning

permit exemptions for removing vegetation for protection from bush re.

If you are rebuilding in the same location on your property the amount of vegetation that needs to beremoved should be limited. If you are proposing tosite the building in another location on the property,one of the matters that the council will consider isthe amount and type of vegetation that would needto be removed.

More information is available onlineIf you require any information about preparing a siteplan or complying with any conditions contained inthe new provision, contact the planning departmentof your council.

Zones and overlaysTo nd out what zone land is in or if an overlaycovers a property:

use the online mapping tool Planning MapsOnline at: www.land.vic.gov.au

view the relevant planning scheme maps at:www.dpcd.vic.gov.au/planningschemes

contact your local council.

Planning Maps Online accessed from the DPCDplanning web page is an interactive map servicethat allows a search of property boundaries,planning controls, historical planning informationand aerial imagery for the Melbourne metropolitanarea. The service can generate a planning propertyreport which can be a useful tool in the preparationof a site plan.

http://www.dpcd.vic.gov.au/planninghttp://www.cfa.vic.gov.au/http://www.land.vic.gov.au/http://www.dpcd.vic.gov.au/planningschemeshttp://www.dpcd.vic.gov.au/planningschemeshttp://www.land.vic.gov.au/http://www.cfa.vic.gov.au/http://www.dpcd.vic.gov.au/planning