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19/01/2006

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THE OBJECTIVES OF PLANNING IN VICTORIA

Planning Schemes in Victoria must seek to achieve the objectives of planning in Victoria as
set out in Section 4(1) of the Planning & Environment Act 1987. These objectives are:
ƒ To provide for the fair, orderly, economic and sustainable use and development of land.
ƒ To provide for the protection of natural and man-made resources and the maintenance
of ecological processes and genetic diversity.
ƒ To secure a pleasant, efficient and safe working, living and recreational environment
for all Victorians and visitors to Victoria.
ƒ To conserve and enhance those buildings, areas or other places which are of scientific,
aesthetic, architectural or historical interest, or otherwise of special cultural value.
ƒ To protect public utilities and other assets and enable the orderly provision and coordi-
nation of public utilities and other facilities for the benefit of the community.
ƒ To facilitate development in accordance with the objectives set out in the points above.
ƒ To balance the present and future interests of all Victorians.

OBJECTIVES OF PLANNING IN VICTORIA PAGE 1 OF 1


19/01/2006
VC37
PURPOSES OF THIS PLANNING SCHEME

To provide a clear and consistent framework within which decisions about the use and de-
velopment of land can be made.
To express state, regional, local and community expectations for areas and land uses.
To provide for the implementation of State, regional and local policies affecting land use
and development.

PURPOSES OF THIS PLANNING SCHEME PAGE 1 OF 1


CONTENTS
21 SEP 2009

SECTION CLAUSE

Objectives of planning in Victoria


Purposes of this planning scheme

CONTENTS Contents

USER GUIDE User guide

STATE PLANNING 10 State Planning Policy Framework


POLICY 11 Introduction, goal and principles
FRAMEWORK
11.01 Introduction
11.02 Goal
11.03 Principles of land use and development planning

12 Metropolitan development
12.01 A more compact city
12.02 Better management of metropolitan growth
12.03 Networks with the regional cities
12.04 A more prosperous city
12.05 A great place to be
12.06 A fairer city
12.07 A greener city
12.08 Better transport links
12.09 Geographic strategies

13 [no content]

14 Settlement
14.01 Planning for urban settlement

15 Environment
15.01 Protection of catchments, waterways and groundwater
15.02 Floodplain management
15.03 Salinity
15.04 Air quality
15.05 Noise abatement
15.06 Soil contamination
15.07 Protection from wildfire
15.08 Coastal areas
15.09 Conservation of native flora and fauna
15.10 Open space
15.11 Heritage
15.12 Energy efficiency

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SECTION CLAUSE

15.13 Alpine Areas


15.14 Renewable energy

16 Housing
16.01 Residential development for single dwellings
16.02 Medium density housing
16.03 Rural living and rural residential development
16.04 Crisis accommodation and community care units
16.05 Affordable housing
16.06 Residential aged care facilities

17 Economic development
17.01 Activity centres
17.02 Business
17.03 Industry
17.04 Tourism
17.05 Agriculture
17.06 Intensive animal industries
17.07 Forestry and timber production
17.08 Mineral resources
17.09 Extractive industry
17.10 Apiculture

18 Infrastructure
18.01 Declared highways, railways and tramways
18.02 Car parking and public transport access to development
18.03 Bicycle transport
18.04 Airfields
18.05 Ports
18.06 Health facilities
18.07 Education facilities
18.08 Survey infrastructure
18.09 Water supply, sewerage and drainage
18.10 Waste management
18.11 High pressure pipelines
18.12 Developer contributions to infrastructure
18.13 Telecommunications

19 Particular uses and development


19.01 Subdivision
19.02 [No content]
19.03 Design and built form
19.04 Brothels

LOCAL PLANNING 20 Operation of the Local Planning Policy Framework


POLICY 21 Municipal Strategic Statement

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SECTION CLAUSE
FRAMEWORK 22 Local Planning Policies

ZONES 30 Zones
31 Operation of zones

32 Residential Zones
32.01 Residential 1 Zone
32.02 Residential 2 Zone
32.03 Low Density Residential Zone
32.04 Mixed Use Zone
32.05 Township Zone
32.06 Residential 3 Zone

33 Industrial Zones
33.01 Industrial 1 Zone
33.02 Industrial 2 Zone
33.03 Industrial 3 Zone

34 Business Zones
34.01 Business 1 Zone
34.02 Business 2 Zone
34.03 Business 3 Zone
34.04 Business 4 Zone
34.05 Business 5 Zone

35 Rural Zones
35.01 [No Content]
35.02 [No Content]
35.03 Rural Living Zone
35.04 Green Wedge Zone
35.05 Green Wedge A Zone
35.06 Rural Conservation Zone
35.07 Farming Zone
35.08 Rural Activity Zone

36 Public Land Zones


36.01 Public Use Zone
36.02 Public Park and Recreation Zone
36.03 Public Conservation and Resource Zone
36.04 Road Zone

37 Special Purpose Zones


37.01 Special Use Zone
37.02 Comprehensive Development Zone
37.03 Urban Floodway Zone
37.04 Capital City Zone

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37.05 Docklands Zone


37.06 Priority Development Zone
37.07 Urban Growth Zone
37.08 Activity Centre Zone

OVERLAYS 40 Overlays
41 Operation of overlays

42 Environment and Landscape Overlays


42.01 Environmental Significance Overlay
42.02 Vegetation Protection Overlay
42.03 Significant Landscape Overlay

43 Heritage and Built Form Overlays


43.01 Heritage Overlay
43.02 Design and Development Overlay
43.03 Incorporated Plan Overlay
43.04 Development Plan Overlay
43.05 Neighbourhood Character Overlay

44 Land Management Overlays


44.01 Erosion Management Overlay
44.02 Salinity Management Overlay
44.03 Floodway Overlay
44.04 Land Subject to Inundation Overlay
44.05 Special Building Overlay
44.06 Wildfire Management Overlay
44.07 State Resource Overlay

45 Other Overlays
45.01 Public Acquisition Overlay
45.02 Airport Environs Overlay
45.03 Environmental Audit Overlay
45.04 Road Closure Overlay
45.05 Restructure Overlay
45.06 Development Contributions Plan Overlay
45.07 City Link Project Overlay
45.08 Melbourne Airport Environs Overlay

PARTICULAR 50 Particular provisions


PROVISIONS 51 Operation of particular provisions
52 [no content]
52.01 Public open space contribution and subdivision
52.02 Easements, restrictions and reserves
52.03 Specific sites and exclusions
52.04 Satellite dish

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52.05 Advertising signs


52.06 Car parking
52.07 Loading and unloading of vehicles
52.08 Earth resource exploration and development
52.09 Extractive industry and extractive industry interest areas
52.10 Uses with adverse amenity potential
52.11 Home occupation
52.12 Service station
52.13 Car wash
52.14 Motor vehicle, boat or caravan sales
52.15 Heliport
52.16 Native vegetation precinct plan
52.17 Native vegetation
52.18 Timber production
52.19 Telecommunications facility
52.20 Convenience restaurant and take-away food premises
52.21 Private tennis court
52.22 Crisis accommodation
52.23 Shared housing
52.24 Community care unit
52.25 Crematorium
52.26 Cattle feedlot
52.27 Licensed premises
52.28 Gaming
52.29 Land adjacent to a Road Zone, Category 1, or a Public
Acquisition Overlay for a Category 1 road
52.30 Freeway service centre
52.31 Broiler farm
52.32 Wind energy facility
52.33 Shipping container storage
52.34 Bicycle facilities
52.35 Urban context report and design response for residential
development of four or more storeys
52.36 Integrated public transport planning
52.37 Post boxes and dry stone walls
52.38 2009 Bushfire recovery
52.39 2009 Bushfire – replacement buildings
52.40 Government funded education facilities
52.41 Government funded social housing
52.42 Renewable energy facility (other than wind energy facility)
52.43 Interim measures for bushfire protection

53 Upper Yarra Valley and Dandenong Ranges Region

54 One dwelling on a lot


54.01 Neighbourhood and site description and design response

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54.02 Neighbourhood character


54.03 Site layout and building massing
54.04 Amenity impacts
54.05 On-site amenity and facilities
54.06 Detailed design

55 Two or more dwellings on a lot and residential buildings


55.01 Neighbourhood and site description and design response
55.02 Neighbourhood character and infrastructure
55.03 Site layout and building massing
55.04 Amenity impacts
55.05 On-site amenity and facilities
55.06 Detailed design

56 Residential subdivision
56.01 Subdivision site and context description and design response
56.02 Policy implementation
56.03 Livable and sustainable communities
56.04 Lot design
56.05 Urban landscape
56.06 Access and mobility management
56.07 Integrated water management
56.08 Site management
56.09 Utilities
56.10 Transitional arrangements

57 Metropolitan green wedge land

GENERAL 60 General provisions


PROVISIONS 61 Administration of this scheme
61.01 Administration and enforcement of this scheme
61.02 What area is covered by this scheme?
61.03 What does this scheme consist of?
61.04 When did this scheme begin?
61.05 Effect of this scheme
61.06 Determination of boundaries

62 Uses, buildings, works, subdivisions and demolition not


requiring a permit
62.01 Uses not requiring a permit
62.02 Buildings and works
62.03 Events on public land
62.04 Subdivisions not requiring a permit
62.05 Demolition

63 Existing uses

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63.01 Extent of existing use rights


63.02 Characterisation of use
63.03 Effect of definitions on existing use rights
63.04 Section 1 uses
63.05 Section 2 and 3 uses
63.06 Expiration of existing use rights
63.07 Compliance with codes of practice
63.08 Alternative use
63.09 Shop conditions
63.10 Damaged or destroyed buildings or works
63.11 Proof of continuous use
63.12 Decision guidelines

64 General provisions for use and development of land


64.01 Land used for more than one use
64.02 Land used in conjunction with another use
64.03 Subdivision of land in more than one zone

65 Decision guidelines
65.01 Approval of an application or plan
65.02 Approval of an application to subdivide land

66 Referrals and notice provisions


66.01 Subdivision referrals
66.02 Use and development referrals
66.03 Referral of permit applications under other State standard
provisions
66.04 Referral of permit applications under local provisions
66.05 Notice of permit applications under State standard provisions
66.06 Notice of permit applications under local provisions

67 Applications under Section 96 of the Act


67.01 Exemptions from Section 96(1) and 96(2) of the Act
67.02 Notice requirements
67.03 Notice requirements - native vegetation
67.04 Notice exemption

DEFINITIONS 70 Definitions

71 Meaning of words

72 General terms

73 Outdoor advertising terms

74 Land use terms

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SECTION CLAUSE

75 Nesting diagrams
75.01 Accommodation group
75.02 Agriculture group
75.03 Child care centre group
75.04 Education centre group
75.05 Industry group
75.06 Leisure and recreation group
75.07 Earth resource exploration and development group
75.08 Office Group
75.09 Place of assembly group
75.10 Pleasure boat facility group
75.11 Retail premises group
75.12 Retail premises group (sub-group of shop)
75.13 Transport terminal group
75.14 Utility installation group
75.15 Warehouse group
75.16 Land use terms that are not nested

INCORPORATED 80 Incorporated Documents


DOCUMENTS 81 Documents incorporated in this scheme
81.01 Table of documents incorporated in this scheme

LIST OF List of amendments to this scheme


AMENDMENTS

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21/09/2009
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USER GUIDE
1. What is a planning scheme?

A planning scheme sets out policies and requirements for the use, development and protec-
tion of land. There is a planning scheme for every municipality in Victoria.

2. Who is affected by this planning scheme?

All people and corporations must comply with this scheme. Every State Minister, govern-
ment department, public authority and municipal council must also comply unless specifi-
cally exempted by the Government.

3. What does this scheme consist of?

This scheme consists of a written document and any maps, plans or other documents incor-
porated in it (see Clause 81). It contains-

 The objectives of planning in Victoria.


 Purposes of this planning scheme.
 The User Guide.
 A State Planning Policy Framework.
 A Local Planning Policy Framework.
 Zone and overlay provisions.
 Particular provisions.
 General provisions.
 Definitions.
 Incorporated documents
The State Planning Policy Framework covers strategic issues of State importance. It lists
policies under six headings - settlement, environment, housing, economic development, in-
frastructure, and particular uses and development. Every planning scheme in Victoria con-
tains this policy framework, which is identical in all schemes.

The Local Planning Policy Framework contains a municipal strategic statement and local
planning policies. The framework identifies long term directions about land use and devel-
opment in the municipality; presents a vision for its community and other stakeholders; and
provides the rationale for the zone and overlay requirements and particular provisions in the
scheme.

The Zone and Overlay requirements and Particular provisions show -

 The type of use and development allowed in each zone.


 Additional requirements for subdivision, buildings and works on land that is affected by
an overlay.
 Requirements for any specific uses and development.
The General provisions provide information on the administration of this scheme and other
related matters. Definitions advise on the meaning of words in this scheme.

USER GUIDE PAGE 1 OF 5


Effect of this planning scheme

4. How do I use this planning scheme?

The planning scheme map

The planning scheme map shows how land is zoned and whether it is affected by an overlay.
This information is indicated by a letter and number code that is explained on the front page
of each map: For example, R1Z stands for Residential 1 Zone.

To find out the effect these requirements have on your land, it is necessary to refer to the
written document.

The written document

Policy frameworks (Clauses 11 to 22)

The State and Local Planning Policy Frameworks contain the long term directions and out-
comes sought by this scheme. These are implemented through the Zone, Overlay and Par-
ticular provisions requirements. It is important to refer to both frameworks when
considering the requirements of the scheme.

Zone requirements (Clauses 31 to 37)

A zone controls land use and development. Each zone includes a description of its purpose
and the requirements that apply regarding land use, subdivision and the construction and
carrying out of buildings and works.

Each zone lists land uses in three sections:

Section 1 Uses that do not require a permit.

Section 2 Uses that require a permit.

Section 3 Uses that are prohibited.

Uses that are not specifically mentioned are covered by a reference to 'any other use'. This
is usually found in Section 2, but is occasionally found in Section 3.

Sometimes a use in Section 1 or Section 2 must meet specified conditions. If these are not
met, the use may require a permit or may be prohibited.

Note that the three sections refer to the use of land, not to the development of land.

Development of land includes the construction of a building, carrying out works (such as
clearing vegetation), subdividing land or buildings, or displaying signs. The zones indicate
whether a planning permit is required to construct a building or carry out works. Some
buildings and works, such as fences and underground services, usually do not require a
permit. These are listed in Clause 62 of the scheme under Uses, buildings, works, subdivi-
sions and demolition not requiring a permit.

Overlay requirements (Clauses 41 to 45)

Overlays affect subdivisions, buildings and works. They operate in addition to the zone re-
quirements and generally concern environmental, landscape, heritage, built form, and land

USER GUIDE PAGE 2 OF 5


and site management issues. It is essential to check whether an overlay applies to your land
before commencing any use or development.

Particular provisions (Clauses 51 to 56)

Other planning requirements may apply to particular uses or development. These may be
advertising signs, car parking or specified types of use. Such requirements are listed under
Particular provisions. It is essential to check whether any of these requirements apply to
your land before commencing any use or development.

General provisions (Clauses 61 to 67)

The general provisions provide information on:

 The administration of this scheme.


 The operation of existing uses and land used for more than one use.
 Uses, buildings, works, subdivisions and demolition not requiring a permit.
 Matters that Council must consider before deciding on a proposal under this scheme.

Definitions (Clauses 71 to 75)

Words used in this scheme have their common meaning unless they are defined in the
scheme, the Planning and Environment Act 1987 or in other relevant legislation. The pur-
pose of defining a word is to limit its meaning to a particular interpretation or to explain the
meaning of a word or phrase peculiar to this scheme. You should check whether any word
or term is defined to ensure you understand its meaning within the context of the scheme.

If in doubt about the meaning of a word that is not defined, ask a Council planning officer
for assistance.

5. How do I find out about requirements affecting my land?

You should first speak to a Council planning officer to find out how this scheme affects
your land. The scheme is available for inspection at your Council office, and at the De-
partment of Sustainability and Environment, 80 Collins Street, Melbourne or its regional of-
fices.

You can also apply for a planning certificate for a particular parcel of land. This will state
the planning scheme zone and overlay requirements that apply to that land as shown on the
scheme map. Note that the certificate does not state the strategies or policies that apply to
the land under the scheme’s policy frameworks.

A person selling land must make a planning certificate available to a purchaser before a
contract to buy the land is signed.

6. Changes to this planning scheme

This scheme is not a static document and is likely to change over time. A Council planning
officer can tell you if an amendment affecting your land has been prepared. This informa-
tion is also shown on a planning certificate.

USER GUIDE PAGE 3 OF 5


Application to use or develop land

7. The need for early discussion with Council

If you propose to use or develop land, first discuss the proposal in detail with a Council
planning officer. Early discussion will confirm whether a permit is necessary and identify
any other requirements.

8. Making a planning permit application

If a permit is required, an Application for Planning Permit form must be filled out and
lodged with responsible authority, which is usually the Council.

The application must include all necessary supporting information such as plans, reports
and photographs so that the proposal is fully described and can be understood by all inter-
ested parties.

The Planning and Environment Act 1987 requires the payment of a fee for the processing of
applications. Details of the fee can be obtained from Council.

In some circumstances, the Minister for Planning or another person may administer parts of
this scheme. A Council planning officer can advise you what to do in such cases.

9. Considering and giving notice of the application

In considering an application, Council will in most cases decide whether material detriment
may be caused to any person and, if so, it must give them an opportunity to comment on the
proposal.

There are a number of ways of giving notice of an application, including notifying the own-
ers and occupiers of nearby properties, and placing notices on the land and in a newspaper
circulating in the area.

With some applications, Council will seek the views of other government or public agencies
before making a decision. It may also ask you to provide more information.

Once any necessary advertising has been completed and other agencies have had time to
comment, the application will be decided.

In making its decision, Council must assess an application against the strategies and desired
outcomes outlined in the scheme’s policy frameworks. Any other matters that the scheme
specifies must also be taken into account.

10. The decision

Following consideration of your application, Council will decide to either:

 Issue a permit.
 Issue a notice of decision to grant a permit (which gives objectors a set time in which to
lodge an application for review).
 Refuse to grant a permit.

USER GUIDE PAGE 4 OF 5


A permit can be issued with or without conditions, and a proposal can only begin and con-
tinue if all the conditions on the permit are met.

11. Do I have a right to seek a review of a decision?

In many cases, yes. Your rights to a review of a Council decision are usually explained in
the document that conveys advice of Council’s decision. Additional information on reviews
of decision may be obtained from the Victorian Civil and Administrative Tribunal, Planning
List, 55 King Street, Melbourne 3000 - Phone (03) 9628 9777.

12. What is the difference between building and planning permits?

Planning permits must not be confused with building permits. Building permits are issued
under the Victoria Building Regulations and generally relate only to the constructional as-
pects of a building or other development.

A building permit is required in most cases involving development. You should consult a
building surveyor if any building is proposed. If a planning permit is required, it must be
obtained before a building permit can be issued.

Need more help?

Contact a Council planning officer if you:

 Have a general enquiry about this scheme.


 Are unsure what requirements apply to your land.
 Are unsure of the steps in the planning application process.
 Would like to know how this scheme may be changed.
 Want a planning application form.
 Want to buy a copy of this scheme or an amendment.
Publications that may help are:

 Using Victoria's Planning System


 VCAT Practice Notes

The planning publications can be obtained from the Department of Sustainability and Envi-
ronment Planning Information Centre, 8 Nicholson Street, Melbourne 3002 - Phone (03)
9637 8151, and on the Department’s web site, www.dse.vic.gov.au. VCAT publications
can be obtained from the VCAT web site, www.vcat.vic.gov.au.

Relevant legislation includes:

 Planning and Environment Act 1987 and the Planning and Environment Regulations
1998
 Victorian Civil and Administrative Tribunal Act 1998
 Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998

Copies of legislation are usually available for perusal at your local library or they may be
purchased from Information Victoria, 356 Collins Street, Melbourne 3000 - phone toll free
1 300 366 356 or (03) 9603 9940. They are also available at the Victorian Legislation and
Parliamentary Documents Home Page, www.dms.dpc.vic.gov.au.

USER GUIDE PAGE 5 OF 5


State
Planning
Policy
Framework
10 STATE PLANNING POLICY FRAMEWORK
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This section sets out the State Planning Policies which apply to all land in Victoria.
These policies must be taken into account when preparing amendments to this scheme or
making decisions under this scheme.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 10 PAGE 1 OF 1


11 INTRODUCTION, GOAL AND PRINCIPLES
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11.01 Introduction
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The purpose of State policy in planning schemes is to inform planning authorities and
responsible authorities of those aspects of State level planning policy which they are to take
into account and give effect to in planning and administering their respective areas. It is the
State Government's expectation that planning and responsible authorities will endeavour to
integrate the range of policies relevant to the issues to be determined and balance
conflicting objectives in favour of net community benefit and sustainable development.
Planning policies are directed to land use and development, as circumscribed by the
Planning and Environment Act 1987, a primary objective of which is to provide for the
fair, orderly, economic and sustainable use and development of land.
Planning, under the Planning and Environment Act 1987, is to encompass and integrate
relevant environmental, social and economic factors. It is directed towards the interests of
sustainable development for the benefit of present and future generations, on the basis of
relevant policy and legislation. Planning authorities and responsible authorities are
responsible for the effective planning and management of land use and development in
their districts for the broad interests of the community, through the preparation of strategic
plans, statutory plans, development and conservation plans, development contribution
plans, and other relevant plans to achieve the objectives of the Act.
The State Planning Policy Framework provides a context for spatial planning and decision
making by planning and responsible authorities. It is comprised of a statement of general
principles for land use and development planning and specific policies dealing with
sectoral issues. The specific policies encompass objectives, generic implementation
techniques applying across Victoria in relation to the specified policy and geographic
strategies that set out directions for particular areas. Planning and responsible authorities
must take account of and give effect to both the general principles and the specific policies
applicable to issues before them to ensure integrated decision-making.
The State Planning Policy Framework is dynamic and will be built upon as the government
develops and refines policy, and changed as the needs of the community change.

11.02 Goal
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The State Planning Policy Framework seeks to ensure that the objectives of planning in
Victoria (as set out in Section 4 of the Planning and Environment Act 1987) are fostered
through appropriate land use and development planning policies and practices which
integrate relevant environmental, social and economic factors in the interests of net
community benefit and sustainable development.

11.03 Principles of land use and development planning


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Society has various needs and expectations such as land for settlement, protection of the
environment, economic well-being, various social needs, proper management of resources
and infrastructure. Planning aims to meet these by addressing aspects of economic,
environmental and social well-being affected by land use and development.
Following are seven statements of general principles that elaborate upon the objectives of
planning in Victoria and describe the factors that influence good decision-making in land
use and development planning. A planning authority preparing amendments to a planning
scheme or a responsible authority administering a scheme must consider these overarching
and interlocking principles as well as relevant specific policies in Clauses 14 to 19.

11.03-1 Settlement
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VC37 Planning is to anticipate and respond to the needs of existing and future communities
through provision of zoned and serviced land for housing, employment, recreation and

STATE PLANNING POLICY FRAMEWORK - CLAUSE 11 PAGE 1 OF 3


open space, commercial and community facilities and infrastructure. Planning is to
recognise the need for, and as far as practicable contribute towards:
ƒ Health and safety.
ƒ Diversity of choice.
ƒ Adaptation in response to changing technology.
ƒ Economic viability.
ƒ A high standard of urban design and amenity.
ƒ Energy efficiency.
ƒ Prevention of pollution to land, water and air.
ƒ Protection of environmentally sensitive areas and natural resources.
ƒ Accessibility.
ƒ Land use and transport integration.

11.03-2 Environment
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Environment and resource management principles for ecologically sustainable
development have been established by international and national agreements. Foremost
amongst the national agreements is the Inter-Governmental Agreement on the
Environment, which sets out key principles for environmental policy in Australia. Other
agreements include the National Strategy for Ecologically Sustainable Development,
National Greenhouse Response Strategy, the National Water Quality Management
Strategy, The National Strategy for the Conservation of Australia’s Biological Diversity
and the National Forest Policy Statement. The National Environment Protection Council is
preparing National Environment Protection Measures to provide a common policy
framework for environmental quality throughout Australia.
These national agreements, strategies and policies provide a broad framework for the
development of strategies and policies at the State level to encourage sustainable land use
and development. In Victoria these include State environment protection policies made
under the Environment Protection Act 1970, which are binding on all sectors of the
Victorian community. The Flora and Fauna Guarantee Strategy (Victoria’s Biodiversity,
Department of Natural Resources and Environment 1997) provides a framework for
conservation of biodiversity in Victoria, in the wider context of ecologically sustainable
development. Victoria’s Native Vegetation Management – a Framework for Action
(Department of Natural Resources and Environment 2002), establishes the goal of Net
Gain of native vegetation, and the principles for achieving this.
Planning is to contribute to the protection of air, land and water quality and the
conservation of natural ecosystems, resources, energy and cultural heritage. In particular,
planning should:
ƒ Adopt a best practice environmental management and risk management approach which
aims to avoid or minimise environmental degradation and hazards.
ƒ Prevent environmental problems created by siting incompatible land uses close
together.
ƒ Help to protect the health of ecological systems and the biodiversity they support
(including ecosystems, habitats, species and genetic diversity).
ƒ Protect areas and sites with significant historic, architectural, aesthetic, scientific and
cultural values.

11.03-3 Management of resources


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VC37 Planning is to assist in the conservation and wise use of natural resources including energy,
water, land, flora, fauna and minerals to support both environmental quality and sustainable
development over the long term through judicious decisions on the location, pattern and
timing of development.
Integrated catchment planning for land use and resource management provides the basis for
planning to protect waterways and water quality, and to minimise flood hazards, drainage
infrastructure costs and downstream impacts, including on estuarine, coastal and marine
environments.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 11 PAGE 2 OF 3


Nine regional Catchment Management Authorities have been established across the State to
lead planning for catchment management and be responsible for floodplain and river
management outside metropolitan Melbourne, with the Port Phillip and Westernport
Catchment Management Authority having responsibility for catchments including the
metropolitan area. These authorities are responsible for overseeing sustainable land and
water management and natural resource development within the framework of regional
catchment strategies approved by the Minister for Environment.
Land Conservation Council recommendations approved by Government provide a context
for management of resources on public lands and should be recognised as a significant
component of integrated local area planning. When making planning decisions affecting
Crown land, the role of the Department of Sustainability and Environment and Committees
of Management as managers of Crown land must also be recognised.

11.03-4 Infrastructure
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VC37 Planning for development of urban physical and community infrastructure should enable it
to be provided in a way that is efficient, equitable, accessible and timely. Growth and
redevelopment of settlements should be planned in a manner that allows for the logical and
efficient provision and maintenance of infrastructure, including the setting aside of land for
the construction of future transport routes.
Strategic planning should facilitate efficient use of existing urban infrastructure and human
services. Providers of urban infrastructure, whether public or private bodies, are to be
guided by planning policies and should assist strategic land use planning. Planning
authorities are to consider the use of development contributions (levies) in the funding of
infrastructure.

11.03-5 Economic well-being


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Planning is to contribute to the economic well-being of communities and the State as a
whole by supporting and fostering economic growth and development by providing land,
facilitating decisions, and resolving land use conflicts, so that each district may build on its
strengths and achieve its economic potential.

11.03-6 Social needs


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Planning is to recognise social needs by providing land for a range of accessible
community resources, such as affordable housing, places of employment, open space, and
education, cultural, health and community support (mental, aged, disabled, youth and
family services) facilities. Land use and development planning must support the
development and maintenance of communities with adequate and safe physical and social
environments for their residents, through the appropriate location of uses and developments
and quality of urban design.

11.03-7 Regional co-operation


19/01/2006
VC37
Some issues dealt with by planning and responsible authorities have impacts that extend
beyond municipal boundaries. These impacts may be economic, social or environmental
and particularly arise around such issues as coordinated planning for transport and water
infrastructure, catchment management, including floodplain management and water quality
protection, and waste management.
Consistent with the objectives of local government under the Local Government Act 1989,
municipal planning authorities are required to identify the potential for regional impacts in
their decision-making and co-ordinate strategic planning with their neighbours and other
public bodies to achieve sustainable development and effective and efficient use of
resources.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 11 PAGE 3 OF 3


12 METROPOLITAN DEVELOPMENT
18/06/2010
VC62

Operation

This clause provides specific objectives and strategies for Metropolitan Melbourne. These
are in addition to the principles of land use and development planning in Clause 11 and the
relevant specific objectives and strategies in Clauses 14 to 19.
In the event that a strategy in Clauses 14 to 19 is different from a strategy set out in this
clause, the strategy in this clause applies.

Application

This clause applies to Metropolitan Melbourne.


The objectives and related strategies aim to ensure that land use and transport planning and
investment always contribute to economic, social and environmental goals.
The objectives and strategies also influence municipalities beyond Metropolitan Melbourne
and should be taken into account where relevant.

12.01 A more compact city


18/06/2010
VC62

12.01-1 Objective
19/01/2006
VC37
To facilitate sustainable development that takes full advantage of existing settlement
patterns, and investment in transport and communication, water and sewerage and social
facilities.

12.01-2 Strategies
18/06/2010
VC62

Activity centres

Concentrate new development at activity centres near current infrastructure and in areas
best able to cope with change. Development is to respond to its landscape, valued built
form and cultural context and achieve sustainable objectives.
Build up activity centres as a focus for high-quality development, activity and living for the
whole community by:
ƒ Developing a network of activity centres that:
‚ Comprises a range of centres that differ in size and function.
‚ Is a focus for business, shopping, working, leisure and community facilities.
‚ Provides different types of housing, including forms of higher density housing.
‚ Is connected by public transport and cycling networks.
‚ Maximises choice in services, employment and social interaction.
ƒ Ensuring activity centres are developed in a way that:
‚ Reduces the number of private motorised trips by concentrating activities that
generate high numbers of (non-freight) trips in highly accessible locations.
‚ Encourages economic activity and business synergies.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12 PAGE 1 OF 21


‚ Broadens the mix of uses appropriate to the type of centre and needs of the
population served.
‚ Provides focal points for the community.
‚ Improves access by walking, cycling and public transport to services and facilities
for local and regional populations.
‚ Supports the development of the Principal Public Transport Network.
ƒ Ensuring planning for activity centres:
‚ Sets the strategic framework for the use and development of land in and around the
centre and gives clear direction in relation to preferred locations for investment.
‚ Supports the role and function of the centre given its classification, the policies for
housing intensification, and development of the public transport network.
‚ Improves the social, economic and environmental performance and amenity of the
centre.
ƒ Broadening the base of activity in centres that are currently dominated by shopping to
include a wider range of services over longer hours by:
‚ Locating significant new education, justice, community, administrative and health
facilities that attract users from large geographic areas in or on the edge of Principal
or Major Activity Centres with good public transport.
‚ Locating new small scale education, health and community facilities that meet local
needs in or next to Neighbourhood Activity Centres.
ƒ Defining the role and function of activity centres, preferred uses, scale of development
and links to the public transport system based on five classifications of activity centres
comprising the Central Activities District, Principal Activity Centres, Major Activity
Centres, Specialised Activity Centres and Neighbourhood Activity Centres.
Central Activities District
ƒ Supporting the role of the Central Activities District as Metropolitan Melbourne’s
largest centre of activity with the greatest variety of uses and functions including
commercial, retail, housing, highly specialised personal services, education, government
and tourism.
ƒ Reinforcing the Central Activities District as the preferred location for activities that
have State or national significance, and for activities that generate a significant number
of trips from the metropolitan area and beyond.
Principal and Major Activity Centres
ƒ Developing Principal and Major Activity Centres to accommodate ongoing investment
and change in retail, office, service and residential markets.
ƒ Ensuring Principal and Major Activity Centres:
‚ Have a mix of activities that generate high number of trips including business, retail,
services and entertainment.
‚ Are well served by multiple public transport routes and are on the Principal Public
Transport Network or capable of linking to that network.
‚ Have, for Principal Activity Centres, a large catchment covering several suburbs and
attracting activities that meet metropolitan needs.
‚ Have the potential to grow and support intensive housing developments without
conflicting with surrounding land-uses.
ƒ Locating new Principal and Major Activity Centres on the Principal Public Transport
Network or linking them to the network as part of developing the site.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12 PAGE 2 OF 21


ƒ Broadening the role of stand-alone centres to provide a greater mix of uses and
improving linkages to the Principal Public Transport Network.
ƒ Ensuring Principal Activity Centres are a focus for a range of government and
community activities, services and investment and are priority locations for government
investment and support.
ƒ Giving priority to Principal Activity Centres for investment and the location of
significant land uses where catchments overlap in any part of the network of centres.
ƒ Encouraging Major Activity Centres with good public transport links to grow in
preference to other centres with poor public transport links serving the same catchment.
Specialised Activity Centres
ƒ Ensuring Melbourne Airport, major university campuses and key research and
development precincts, including the specialised precincts of particular importance to
the State’s innovation, are developed as Specialised Activity Centres.
ƒ Reinforcing the specialised economic functions of the Specialised Activity Centres and
supporting use and development consistent with the primary specialist function of the
centre.
ƒ Encouraging complementary mixed-uses that do not compete with nearby Principal or
Major Activity Centres or inhibit the centre’s specialised role.
ƒ Locating Specialised Activity Centres on the Principal Public Transport Network.
Neighbourhood Activity Centres
ƒ Ensuring Neighbourhood Activity Centres:
‚ Have a mix of uses that meet local convenience needs.
‚ Are accessible to a viable user population by walking and cycling.
‚ Are accessible by local bus services with public transport links to Principal or Major
Activity Centres.
‚ Are an important community focal point.
ƒ Encouraging higher density housing in and around Neighbourhood Activity Centres that
is designed to fit the context and enhances the character of the area while providing a
variety of housing options for different types of households.
ƒ Providing for new Neighbourhood Activity Centres in the redevelopment of middle and
outer suburbs and the development of new growth areas.
Out-of-Centre Development
ƒ Ensuring that proposals or expansion of single use retail, commercial and recreational
facilities outside activity centres are discouraged by giving preference to locations in or
on the border of an activity centre.
ƒ Ensuring that out-of-centre proposals are only considered where the proposed use or
development is of net benefit to the community in the region served by the proposal.
ƒ Discouraging large sports and entertainment facilities of metropolitan, State or national
significance in out-of-centre locations unless they are on the Principal Public Transport
Network and in locations that are highly accessible to their catchment of users.

Housing

Locate a substantial proportion of new housing in or close to activity centres and other
strategic redevelopment sites that offer good access to services and transport by:

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12 PAGE 3 OF 21


ƒ Increasing the proportion of housing to be developed within the established urban area,
particularly at activity centres and other strategic sites, and reduce the share of new
dwellings in greenfield and dispersed development areas.
ƒ Encouraging higher density housing development on sites that are well located in
relation to activity centres and public transport.
ƒ Ensuring housing stock matches changing demand by widening housing choice,
particularly in the middle and outer suburbs.
ƒ Supporting opportunities for a wide range of income groups to choose housing in well-
serviced locations.
ƒ Identifying strategic redevelopment sites for large residential development that are:
‚ In and around the Central Activities District.
‚ In or within easy walking distance of Principal or Major Activity Centres.
‚ In or beside Neighbourhood Activity Centres that are served by public transport.
‚ On or abut tram, train, light rail and bus routes that are part of the Principal Public
Transport Network and close to Principal or Major Activity Centres.
‚ In or near major modal public transport interchanges that are not in Principal or
Major Activity Centres.
‚ Able to provide 10 or more dwelling units, close to activity centres and well served
by public transport.
ƒ Ensuring planning for growth areas provides for a mix of housing types and higher
housing densities around activity centres.
ƒ Ensuring an adequate supply of redevelopment opportunities within the established
urban area to reduce the pressure for fringe development.
ƒ Ensuring all new development appropriately responds to its landscape, valued built
form and cultural context.

12.02 Better management of metropolitan growth


10/06/2008
VC48

12.02-1 Objective
19/01/2006
VC37
To locate metropolitan growth close to transport corridors and services and provide
efficient and effective infrastructure to create benefits for sustainability while protecting
primary production, major sources of raw materials and valued environmental areas.

12.02-2 Strategies
10/06/2008
VC48

Urban growth boundary

Establish an urban growth boundary to set clear limits to Metropolitan Melbourne’s urban
development by:
ƒ Defining the urban area of Metropolitan Melbourne with an urban growth boundary to
manage outward expansion, to facilitate achievement of a compact city, to protect non-
urban areas and to ensure ready access to infrastructure in the key transport corridors.
ƒ Defining the non-urban area of Melbourne to be retained for rural and agricultural uses,
natural resources, landscape, heritage, open space and conservation values.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12 PAGE 4 OF 21


ƒ Containing urban development within the established urban growth boundary. Any
change to the urban growth boundary must only occur to reflect the needs demonstrated
in the designated growth areas.
ƒ Protecting the continued rural use of land within the urban growth boundary until
conversion to urban use is required and the extension of urban services is approved as
part of the sequencing of development.

Growth areas

Concentrate urban expansion into growth areas that are served by high-capacity public
transport by:
ƒ Encouraging new development in those growth areas best served by existing major rail
lines within the Werribee, Hume, Epping, Pakenham and Cranbourne corridors.
ƒ Ensuring the ongoing provision of land and supporting infrastructure and ensuring
sufficient land is available to meet forecast demand.
ƒ Developing growth areas that will:
‚ Implement the strategic directions within the Growth Area Framework Plans
(Department of Sustainability and Environment 2006).
‚ Achieve increases in average housing density significantly higher than 10 dwellings
per hectare.
‚ Deliver timely and adequate provision of public transport and local and regional
infrastructure, in line with a preferred sequence of land release.
‚ Provide for significant amounts of local employment opportunities.
‚ Create a network of mixed-use activity centres and developing an urban form based
on Neighbourhood Principles.
‚ Meet housing needs by providing a diversity of housing type and distribution.
‚ Restrict low-density rural residential development that would compromise future
development at higher densities.
‚ Retain unique characteristics of established areas incorporated into new
communities to protect and manage natural resources and areas of heritage, cultural
and environmental significance.
‚ Create well planned, easy to maintain and safe streets and neighbourhoods that
reduce opportunities for crime, improve perceptions of safety and increase levels of
community participation.
Manage the sequence of development in growth areas so that services are available from
early in the life of new communities by:
ƒ Defining preferred development sequences in growth areas to better coordinate
infrastructure planning and funding.
ƒ Ensuring that new land is released in growth areas in a timely fashion to facilitate
coordinated and cost-efficient provision of local and regional infrastructure.
ƒ Requiring new development to make a financial contribution to the provision of
infrastructure such as public facilities, public transport and roads.
ƒ Monitoring land supply and demand for housing and industry to ensure 15 year
continuous land supply.
Developing precinct structure plans consistent with the applicable Precinct Structure Plan
Guidelines approved by the Minister for Planning to:

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12 PAGE 5 OF 21


ƒ Ensure greater housing choice, diversity and affordability.
ƒ Develop vibrant, well serviced activity centres.
ƒ Provide sustainable transport networks.
ƒ Deliver accessible community facilities and infrastructure.
ƒ Create multi-use, linked open space networks.
ƒ Boost employment and commercial activity.
ƒ Increase environmental sustainability.

Green wedges

Protect the green wedges of Metropolitan Melbourne from inappropriate development by:
ƒ Ensuring strategic planning and land management of each green wedge area to promote
and encourage its key features and related values.
ƒ Supporting development in the green wedge that provides for environmental, economic
and social benefits.
ƒ Consolidating new residential development with existing settlements and in locations
where planned services are available and green wedge area values can be protected.
ƒ Planning and protecting major transport facilities that serve the wider Victorian
community, such as airports and ports with their associated access corridors.
ƒ Protecting important productive agricultural areas such as Werribee South, the
Maribyrnong River flats, the Yarra Valley, Westernport and the Mornington Peninsula.
ƒ Protecting areas of environmental, landscape and scenic value.
ƒ Protecting significant resources of stone, sand and other mineral resources for extraction
purposes.

12.03 Networks with the regional cities


19/01/2006
VC37

12.03-1 Objective
19/01/2006
VC37
To develop Metropolitan Melbourne and the surrounding regional cites as a network of
cities to provide a choice of places to live, set up business and find a job.

12.03-2 Strategies
19/01/2006
VC37

Regional cities

Promote the growth of regional cities and key towns on regional transport corridors as part
of a ‘networked cities’ model by:
ƒ Planning and supporting regional centres of Geelong, Ballarat, Bendigo and the towns
of the Latrobe Valley that are close to Metropolitan Melbourne as viable alternative
urban locations to Metropolitan Melbourne.
ƒ Ensuring that infrastructure services are in place so that Geelong, Ballarat, Bendigo and
the towns of the Latrobe Valley and their surrounding regions are able to take advantage
of opportunities for growth that will accrue from improved linkages to Metropolitan
Melbourne.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12 PAGE 6 OF 21


ƒ Encouraging planning for regional areas and cities that:
‚ Delivers an adequate supply of land for housing and industry to meet forecast
growth.
‚ Ensures that new development is supported by strong transport links that provide an
appropriate choice of travel.
‚ Limits the impact of urban development on non-urban areas and supports
development in those areas that can accommodate growth.
‚ Protects conservation and heritage values and the surrounding natural resource base.
‚ Develops and reinforces the distinctive roles and character of each city.
‚ Fosters the development of towns around the regional cities that are on regional
transport routes.

Rural residential development

To control development in rural areas to protect agriculture and avoid inappropriate rural
residential development by:
ƒ Reducing the proportion of new housing development provided in rural areas and
encouraging the consolidation in existing settlements where investment in physical and
community infrastructure and services has already been made.
ƒ Ensuring planning for rural living avoids or significantly reduces adverse economic,
social and environmental impacts by:
‚ Maintaining the long-term sustainable use and management of existing natural
resource attributes in activities such as agricultural production.
‚ Protecting existing landscape values and environmental qualities such as water
quality, native vegetation, biodiversity and habitat.
‚ Minimising or avoiding property servicing costs carried by local and State
governments.
‚ Discouraging development of isolated small lots in rural zones from use for rural
living or other incompatible uses.
‚ Encouraging consolidation of existing isolated small lots in rural zones.

12.04 A more prosperous city


19/01/2006
VC37

12.04-1 Objective
19/01/2006
VC37
To create a strong and innovative economy.

12.04-2 Strategies
19/01/2006
VC37

Resource management

Maintain access to productive natural resources and an adequate supply of well-located


land for energy generation, infrastructure and industry by:
ƒ Providing an adequate supply of industrial land in appropriate locations including
sufficient stocks of large sites for strategic investment.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12 PAGE 7 OF 21


ƒ Protecting natural resource-based industries, industrial land and energy infrastructure
against competing and incompatible uses.
ƒ Protecting the Laverton North and Dandenong heavy industrial areas from inappropriate
development and maintaining adequate buffer distances from sensitive or incompatible
uses.
ƒ Protecting strategic deposits of sand, mineral and stone, to maintain their potential for
exploitation.
ƒ Protecting areas with potential to recycle water for forestry, agriculture or other uses
that can use treated effluent of an appropriate quality.
ƒ Encouraging manufacturing and storage industries that generate significant volumes of
freight to locate close to air, rail and road freight terminals.
ƒ Developing appropriate infrastructure to meet community demand for energy services
and setting aside suitable land for future energy infrastructure.
ƒ Ensuring adequate separation between existing and future infrastructure and residential
areas.
ƒ Concentrating industrial development in locations near road and rail freight networks.
ƒ Preventing the loss of industrial land to uses that are better located in Principal and
Major Activity Centres to ensure there is an adequate supply of industrial land for all
categories of industry.

Central Melbourne

Strengthen Central Melbourne’s capital city functions and its role as the primary business,
retail, sport and entertainment hub for the metropolitan area by:
ƒ Maintaining and building on Central Melbourne’s role as a major hub of transport and
communications networks and the State’s gateway to the global economy as Victoria’s
largest and most varied centre of business, tourist, cultural, entertainment, research and
government activities, attracting globally-oriented business activities and tourists from
overseas and interstate.
ƒ Improving the quality and capacity of the public transport system in Central Melbourne.
ƒ Maintaining high standards of Central Melbourne’s parks and gardens, conference and
exhibition facilities, museums, concert halls and art galleries and other public buildings
and high standards of urban design.
ƒ Locating large-scale sport and entertainment facilities of State or national significance
within Central Melbourne and close to the Principal Public Transport Network with the
Yarra River Precinct being Victoria’s premier sport, recreation and entertainment
destination.
ƒ Developing the Yarra River precinct as a vibrant waterfront environment for tourism,
commercial and residential activity with high-quality pedestrian and cycling linkages.
ƒ Retaining the Central Activities District as the prime office and retailing centre for the
metropolitan areas as well as a major destination for visitors.
ƒ Developing Southbank and Docklands as mixed residential and commercial precincts.
ƒ Supporting research focused uses around the biotechnology research, education and
production precinct centred in Parkville that are sympathetic to the character and
amenity of the area.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12 PAGE 8 OF 21


Transport and freight

Further develop the key transport gateways and freight links and maintain Victoria’s
position as the nation’s premier logistics centre by:
ƒ Identifying and protecting options for access to, and future development at, the ports of
Melbourne, Geelong and Hastings.
ƒ Ensuring port areas are protected by adequate buffers to minimise land-use conflict.
ƒ Improving rail freight access to ports.
ƒ Ensuring that planning and development of the Fishermans Bend precinct does not
jeopardise the needs of the Port of Melbourne as a working port and as one of the
State’s most important transport gateways.
ƒ Retaining the Port of Hastings as a long-term option for future port development should
the ports of Melbourne and Geelong no longer meet the State’s needs.
ƒ Protecting the region’s airports from incompatible land-uses.
ƒ Ensuring that in the planning of airports, land-use decisions are integrated, appropriate
land-use buffers are in place and provision is made for associated businesses that
service airports.
ƒ Ensuring the planning of airports identifies and encourages activities that complement
the role of the airport and enables the operator to effectively develop the airport to be
efficient and functional and contributes to the aviation needs of the State.
ƒ Protecting the curfew-free status of Melbourne Airport.
ƒ Protecting the environs of Avalon Airport so it can operate as a full-size jet airport
focusing on freight, training and services for the Geelong region.
ƒ Preserving long-term options for a new general aviation airport south-east of
Metropolitan Melbourne by ensuring urban development does not infringe on possible
sites, buffer zones or flight paths.
ƒ Recognising Essendon Airport’s current role in providing specialised functions related
to aviation, freight and logistics and its potential future role as a significant employment
and residential precinct that builds on the current functions.
ƒ Maintaining Point Cook Airfield as an operating airport complementary to Moorabbin
Airport.
ƒ Recognising Moorabbin Airport as an important regional and State aviation asset by
supporting its continued use as a general aviation airport, ensuring future development
at the site encourages uses that support and enhance the State’s aviation industry and
supporting opportunities to extend activities at the airport that improve access to
regional Victoria.
ƒ Ensuring suitable sites for intermodal freight terminals at key locations around
Metropolitan Melbourne including Tottenham, Somerton and Dandenong are protected.
ƒ Improving the freight and logistics network to optimise freight handling.

Innovation and knowledge economy

Create opportunities for innovation and the knowledge economy within existing and
emerging industries, research and education by:
ƒ Encouraging the expansion and development of logistics and communications
infrastructure.
ƒ Supporting the development of business clusters.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12 PAGE 9 OF 21


ƒ Promoting a physical environment that is conducive to innovation and to creative
activities.
ƒ Encouraging the provision of infrastructure that helps people to be innovative and
creative, learn new skills and start new businesses in activity centres and near public
transport.
ƒ Improving access to tertiary education facilities by concentrating new facilities around
existing campuses and requiring new campuses in outer suburbs to be located in
Principal and Major Activity Centres or as part of Specialised Activity Centres.
ƒ Developing the area around Monash University and the Synchrotron site as a
Specialised Activity Centre.
ƒ Improving access to community-based information and training through further
developing libraries as community learning centres.
ƒ Supporting well-located, appropriate and low-cost premises for not-for-profit or start-up
enterprises.

Telecommunications

Encourage the continued deployment of broadband telecommunications services that are


easily accessible by:
ƒ Increasing and improving access for all sectors of the community throughout the region
to the broadband telecommunications trunk network.
ƒ Supporting access to transport and other public corridors for the deployment of
broadband networks in order to encourage infrastructure investment and reduce investor
risk.

12.05 A great place to be


18/06/2010
VC62

12.05-1 Objective
19/01/2006
VC37
To create urban environments that are of better quality, safer and more functional, provide
more open space and an easily recognisable sense of place and cultural identity.

12.05-2 Strategies
18/06/2010
VC62

Urban design

Promote good urban design to make the environment more liveable and attractive by:
ƒ Ensuring new development or redevelopment contributes to community and cultural life
by improving safety, diversity and choice, the quality of living and working
environments, accessibility and inclusiveness and environmental sustainability.
ƒ Requiring development to respond to its context in terms of urban character, cultural
heritage, natural features, surrounding landscape and climate.
ƒ Ensuring sensitive landscape areas such as the bays and coastlines are protected and that
new development does not detract from their natural quality.
ƒ Ensuring transport corridors integrate land use planning, urban design and transport
planning and are developed and managed with particular attention to urban design
aspects such as open space potential and the use of vegetation to maintain wildlife
corridors and greenhouse sinks.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12 PAGE 10 OF 21


ƒ Improving the landscape qualities, open space linkages and environmental performance
in green wedges and conservation areas and non-urban areas.

Cultural identity and neighbourhood character

Recognise and protect cultural identity, neighbourhood character and sense of place by:
ƒ Ensuring development responds and contributes to existing sense of place and cultural
identity.
ƒ Ensuring development recognises distinctive urban forms and layout and their
relationship to landscape and vegetation.
ƒ Ensuring development responds to its context and reinforces special characteristics of
local environment and place by emphasising:
‚ The underlying natural landscape character.
‚ The heritage values and built form that reflect community identity.
‚ The values, needs and aspirations of the community.

Safety

Improve community safety and encourage neighbourhood design that makes people feel
safe by:
ƒ Ensuring the design of buildings, public spaces and the mix of activities contribute to
safety and perceptions of safety.
ƒ Supporting initiatives that provide safer walking and cycling routes and improved safety
for people using public transport.
ƒ Ensuring suitable locations for police stations and fire brigade, ambulance and
emergency services are provided for in or near activity centres. In newly developing
areas these services should be located together.

Heritage

Protect heritage places and values by:


ƒ Supporting the identification, conservation, protection and management of cultural
heritage.
ƒ Conserving places of Aboriginal and post contact cultural heritage significance.
ƒ Encouraging appropriate development that respects established cultural heritage values.
ƒ Supporting adaptive reuse of heritage buildings whose use has become redundant.

Neighbourhood design

Promote excellent neighbourhood design to create attractive, walkable, cyclable and diverse
communities by:
ƒ Applying Neighbourhood Principles to the development of new areas and to major
redevelopment of existing areas, to create liveable neighbourhoods. These principles
include:
‚ An urban structure where networks of neighbourhoods are clustered to support
larger activity centres on the Principal Public Transport Network.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12 PAGE 11 OF 21


‚ Compact neighbourhoods that are oriented around walkable distances between
activities and where neighbourhood centres provide access to services and facilities
to meet day-to-day needs.
‚ Reduced dependence on car use because public transport is easy to use, there are
safe and attractive spaces for walking and cycling, and subdivision layouts allow
easy movement through and between neighbourhoods.
‚ A range of lot sizes and housing types to satisfy the needs and aspirations of
different groups of people.
‚ Integration of housing, workplaces, shopping, recreation and community services, to
provide a mix and level of activity that attracts people, creates a safe environment,
stimulates interaction and provides a lively community focus.
‚ A range of open spaces to meet a variety of needs, with links to open space networks
and regional parks where possible.
‚ A strong sense of place created because neighbourhood development emphasises
existing cultural heritage values, attractive built form and landscape character.
‚ Environmentally friendly development that includes improved energy efficiency,
water conservation, local management of stormwater and waste water treatment, less
waste and reduced air pollution.
‚ Protection and enhancement of native habitat and discouragement of the spread and
planting of noxious weeds.
ƒ Comprehensively planning new areas as sustainable communities that offer high-
quality, frequent and safe local and regional public transport and a range of local
activities for living, working and recreation.
ƒ Clustering of complementary facilities in Neighbourhood Activity Centres to provide
good and easy access, opportunities for co-location and the sharing of resources and
support for local economic activity.

Open space

Improve the quality and distribution of open space and ensure long-term protection of
public open space by:
ƒ Applying open space planning principles to the planning and management of public
open space. These principles include:
‚ Encouraging management plans or explicit statements of management objectives for
urban parks to be developed.
‚ Ensuring exclusive occupation of parkland by community organisations is restricted
to activities consistent with management objectives of the park to maximise broad
community access to open space.
‚ Ensuring the provision of buildings and infrastructure is consistent with the
management objectives of the park.
‚ Protecting large regional parks and significant conservation areas.
‚ Ensuring land identified as critical to the completion of open space links is
transferred for open space purposes.
‚ Ensuring public access is not prevented by developments along stream banks and
foreshores.
‚ Ensuring public land immediately adjoining waterways and coastlines remains in
public ownership.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12 PAGE 12 OF 21


‚ Protecting the overall network of open space by ensuring that where there is a
change in land use or in the nature of occupation resulting in a reduction of open
space, the overall network of open space is protected by the addition of replacement
parkland of equal or greater size and quality.
‚ Providing new parkland in growth areas and in areas that have an undersupply of
parkland.
‚ Ensuring that urban open space provides for nature conservation, recreation and
play, formal and informal sport, social interaction and peace and solitude.
Community sports facilities should be accommodated in a way that is not
detrimental to other park activities.
‚ Protecting sites and features of high scientific, nature conservation, biodiversity,
heritage, geological or landscape value.
‚ Ensuring open space is designed to accommodate people of all abilities, ages and
cultures.
Rectify gaps in the network of metropolitan open space by creating new parks and ensure
major open space corridors are protected and enhanced by:
ƒ Developing open space networks in growth areas, where existing open space is limited
and demand is growing, and in the surrounding region of Metropolitan Melbourne
including:
‚ Werribee River Regional Park
‚ Werribee Township Regional Park
‚ Kororoit Creek Regional Park
‚ Merri Creek Regional park
‚ Toolern Creek Regional Park
‚ Cranbourne Regional Park
ƒ Creating continuous open space links and trails along the:
‚ Western Coastal parklands (linking Point Gellibrand, Point Cook and Werribee)
‚ Merri Creek parklands (extending to Craigieburn)
‚ Maribyrnong River parklands
‚ Frankston parklands (linking existing parks from Carrum to Mornington)
ƒ Providing long term planning protection to meet demand for future open space along the
Plenty Gorge parklands, Yarra Valley parklands, Cardinia Creek parklands,
Heatherton/Dingley ‘Sandbelt’ parklands and Dandenong Valley parklands.
ƒ Ensuring development does not compromise the Yarra River and Maribyrnong River
corridors and other waterways as significant open space, recreation, aesthetic,
conservation and tourism assets.
ƒ Continuing the development of the lower Yarra River as a focus for sport, entertainment
and leisure.

Coastal areas

Improve the environmental health of the bays and their catchments by:
ƒ Reducing major environmental pressures associated with urban growth and
development within catchments of Port Phillip Bay and Western Port by:
‚ Requiring growth area planning to protect significant natural assets.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12 PAGE 13 OF 21


‚ Improving the quality of stormwater entering waterways, particularly that emanating
from construction sites and road development.
ƒ Improving waterway management arrangements for the whole of the Port Phillip Bay
and Western Port catchments.
Protect coastal and foreshore environments and improve public access and recreation
facilities around Port Phillip Bay and Western Port by:
ƒ Requiring coastal planning and management to be consistent with the Victorian Coastal
Strategy 2002.
ƒ Managing privately owned foreshore consistently with the adjoining public land.

Maritime precincts

ƒ Develop a network of maritime precincts around Port Phillip and Western Port that
serve both local communities and visitors by:
ƒ Maintaining and expanding boating and recreational infrastructure around the bays in
maritime precincts at Frankston, Geelong, Hasting, Hobson’s Bay, Mordialloc,
Mornington, Patterson River, Portarlington, Queenscliff, St Kilda, Stony Point/Cowes
and Wyndham.
ƒ Providing public access to recreational facilities and activities on land and water.
ƒ Supporting the development of ecotourism, tourism and major maritime events.
ƒ Encouraging high quality urban design that is innovative, sustainable and integrated
with surrounding areas.
ƒ Supporting maritime and related industries in appropriate locations.

Tourism

Maintain and develop Metropolitan Melbourne as a desirable tourist destination by:


ƒ Maintaining Melbourne's position as a destination in its own right and as a gateway to
regional Victoria by:
‚ Facilitating local, national and global connections and alliances.
‚ Developing city precincts and promenades.
‚ Revitalising the retail core of the Central Activities District.
‚ Nurturing artistic and cultural life.
‚ Improving public facilities, amenities and access.
‚ Maintaining city safety.
‚ Providing information and leisure services.
‚ Integrating communications systems.
‚ Improving transport infrastructure.
‚ Ensuring efficient resource use.
‚ Protecting biodiversity.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12 PAGE 14 OF 21


12.06 A fairer city
31/10/2006
VC43

12.06-1 Objective
19/01/2006
VC37
To provide fairer access to and distribution of social and cultural infrastructure.

12.06-2 Strategies
31/10/2006
VC43

Affordable housing

Increase the supply of well-located affordable housing by:


ƒ Encouraging a significant proportion of new development, including development at
activity centres and strategic redevelopment sites, to be affordable for households on
low to moderate incomes.
ƒ Facilitating a mix of private, affordable and social housing in activity centres, strategic
redevelopment sites and Transit Cities projects.
ƒ Ensuring the redevelopment and renewal of public housing stock better meets
community needs.

Social and physical infrastructure

Plan for a more equitable distribution of social infrastructure by:


ƒ Identifying gaps and deficiencies in social and cultural infrastructure and encouraging
their location in activity centres, especially those identified as Principal Activity
Centres.
Improve the coordination and timing of the installation of services and infrastructure in new
development areas by:
ƒ Ensuring effective working arrangements between State government agencies, non-
government service providers and local councils to coordinate installation of
infrastructure and services in new development areas.
ƒ Supporting opportunities to co-locate facilities.

Culture and the arts

Develop a strong cultural environment and increase access to arts, recreation and other
cultural facilities by:
ƒ Encouraging a wider range of arts, cultural and entertainment facilities including
cinemas, restaurants, nightclubs and live theatres, at Principal and Major Activity
Centres.
ƒ Reinforcing the existing major precincts for arts, sports and major events of Statewide
appeal and establishing new facilities at locations well served by public transport.

12.07 A greener city


18/06/2010
VC62

12.07-1 Objective
19/01/2006
VC37
To minimise impacts on the environment to create a sustainable path for future growth and
development.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12 PAGE 15 OF 21


12.07-2 Strategies
18/06/2010
VC62

Water resources

Ensure that water resources are managed in a sustainable way by:


ƒ Protecting Melbourne’s water catchments and water supply facilities to ensure the
continued availability of clean, high-quality drinking water.
ƒ Encouraging the use of alternative water sources such as rainwater tanks, stormwater
and recycled water by governments, developers and households.
ƒ Protecting reservoirs, water mains and local storage facilities from potential
contaminations.
ƒ Ensuring that planning for water supply, sewerage and drainage works receives high
priority in early planning for new developments.
ƒ Ensuring the development of new urban areas and green spaces takes advantage of any
opportunities for effluent recycling.

Waste management

Reduce the amount of waste generated and encourage increased reuse and recycling of
waste materials by:
ƒ Establishing new sites and facilities to safely manage Victoria’s solid hazardous waste
in areas that will be viable long term and do not adversely affect sensitive land uses.
ƒ Providing sufficient waste management facilities to promote recycling.
ƒ Encouraging waste generators and businesses that use or recycle waste to locate near
each other.
ƒ Ensuring buffers for waste management facilities are protected and maintained.

Energy use

Contribute to national and international efforts to reduce energy usage and greenhouse gas
emission by:
ƒ Ensuring that building and subdivision design improves efficiency in energy use.
ƒ Improving efficiency in energy use through greater use of renewable energy.
ƒ Ensuring Victoria’s greenhouse sinks are protected and enhanced by controlling land
clearing, containing the growth of Metropolitan Melbourne and supporting revegetation
programs.
ƒ Supporting low energy forms of transport such as walking and cycling.

Stormwater management

Reduce the impact of stormwater on bays and catchments by:


ƒ Supporting integrated planning of stormwater quality through a mix of on-site measures
and developer contributions.
ƒ Mitigating stormwater pollution from construction sites.
ƒ Ensuring stormwater and groundwater entering wetlands do not have a detrimental
effect on the wetlands.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12 PAGE 16 OF 21


ƒ Incorporating water-sensitive urban design techniques into developments to:
‚ Protect and enhance natural water systems.
‚ Integrate stormwater treatment into the landscape.
‚ Protect quality of water.
‚ Reduce run-off and peak flows.
‚ Minimise drainage and infrastructure costs.

Groundwater

Protect groundwater and land resources by:


ƒ Preventing the establishment of incompatible land uses in aquifer recharge or saline
discharge areas and in potable water catchments.
ƒ Encouraging the siting, design, operation and rehabilitation of landfills to reduce impact
on groundwater and surface water.

Air quality

Ensure that land-use and transport planning and infrastructure provision contribute to
improved air quality by:
ƒ Integrating transport and land-use planning to improve transport accessibility and
connections.
ƒ Locating key developments that generate high volumes of trips in Principal and Major
Activity Centres.
ƒ Providing infrastructure for public transport, walking and cycling.

Native habitat and biodiversity

Protect native habitat and areas of important biodiversity through appropriate land-use
planning by:
ƒ Developing regional catchment strategies to guide Landcare projects, local landscape
plans and whole farm plans.
ƒ Developing native vegetation management plans to achieve a net gain in native
vegetation by improving and creating habitats.
ƒ Protecting critically important flora and fauna habitat and important landscapes such as
the coastal areas, the Dandenong and Yarra Ranges, the Yarra Valley, Western Port and
the Mornington Peninsula.

12.08 Better transport links


18/06/2010
VC62

12.08-1 Objective
19/01/2006
VC37
To create a more sustainable transport system by integrating land-use and transport.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12 PAGE 17 OF 21


12.08-2 Strategies
18/06/2010
VC62

Principal Public Transport Network

Upgrade and develop the Principal Public Transport Network and local public transport
services to connect activity centres and link Melbourne to the regional cities by:
ƒ Establishing fast train services that serve key regional cities and townships and connect
them with Principal and Major Activity Centres along the radial routes leading to
Central Melbourne.
ƒ Improving connections to Principal and Major Activity Centres that are not adequately
serviced by the Principal Public Transport Network and public transport services and
interchanges at stand alone shopping centres.
ƒ Ensuring new activity centres are connected to the Principal Public Transport Network
as they develop.
ƒ Identifying key strategic transport corridors capable of providing fast, reliable and
frequent public transport services.
ƒ Supporting the Principal Public Transport Network with a comprehensive network of
local public transport services.
ƒ Designing local bus services to meet the need for local travel as well as providing for
connections to the Principal Public Transport Network.
ƒ Achieving greater use of public transport by increasing densities, maximising the use of
existing infrastructure and improving the viability of the public transport operation.
Improve the operation of the existing public transport network with faster, more reliable
and efficient on-road and rail public transport by:
ƒ Improving the movement, efficiency and reliability of the road-based public transport
by road-space management measures including transit lanes, clearways, traffic-light
prioritisation and stop design.
ƒ Improving the rail network by identifying and treating rail ‘red spots’ and expanding
rail corridor speed and loading capacities.
ƒ Improve access to the public transport network by:
ƒ Ensuring integration with walking and cycling networks.
ƒ Providing end-of-trip facilities for cyclists and pedestrians at public transport nodes.

Transport planning

Plan urban development to make jobs and community services more accessible by:
ƒ Coordinating improvements to public transport, walking and cycling networks with the
ongoing development and redevelopment of the urban area.
ƒ Concentrating key trip generators such as higher density residential development and
Principal, Major and Specialised Activity Centres on the Principal Public Transport
Network.
ƒ Requiring integrated transport plans to be prepared for all new major residential,
commercial and industrial developments.
ƒ Providing routing, bus stop and interchange arrangements for public transport services
in new development areas.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12 PAGE 18 OF 21


ƒ Providing safe, convenient and direct pedestrian and cycling access to activity centres,
public transport interchanges and other strategic redevelopment sites.
Coordinate development of all transport modes to provide a comprehensive transport
system by:
ƒ Requiring transport system management plans for key transport corridors and for major
investment proposals.
ƒ Reserving land for strategic transport infrastructure.
ƒ Incorporating the provision of public transport and cycling infrastructure in all major
new State and local government road projects.
Review transport practices, including design, construction and management, to reduce
environmental impacts by:
ƒ Careful selection of sites for freight generating facilities to minimise associated
operational and transport impacts to other urban development and transport networks.

Road network

Manage the road system to achieve integration, choice and balance by developing an
efficient and safe network and making the most of existing infrastructure by:
ƒ Making better use of roads for all road uses through such techniques as the provision of
wider footpaths, bicycle lanes, transit lanes (for buses and taxis) and specific freight
routes.
ƒ Selectively expanding and upgrading the road network to provide for:
‚ High-quality connections between regional cities.
‚ Upgrading of key freight routes.
‚ Ongoing development in outer suburban areas.
‚ Higher standards of on-road public transport.
‚ Improved key cross-town arterial links in the outer suburbs.
ƒ Improving road networks where public transport is not viable, and where the road
development is compatible with the Neighbourhood Principles and urban design
objectives.
ƒ Improving roads in developing outer-suburban areas to cater for car, bicycle, public
transport, and freight, commercial and service users.
ƒ Improving the management of key freight routes to make freight operations more
efficient while reducing their external impacts.
ƒ Ensuring that road space complements land use and is managed to meet community and
business needs.
ƒ Upgrading major arterial road links from Metropolitan Melbourne to regional cities.

Walking and cycling

Give more priority to walking and cycling in planning urban development and in managing
the road system and neighbourhoods by:
ƒ Ensuring Neighbourhood Activity Centres are located within convenient walking
distance in the design of new subdivisions.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12 PAGE 19 OF 21


ƒ Encouraging the use of walking and cycling by creating environments that are safe and
attractive.
ƒ Developing high quality pedestrian environments that are accessible to footpath-bound
vehicles such as wheelchairs, prams and scooters.
ƒ Developing local cycling networks and new cycling facilities that link to and
complement the metropolitan-wide network of bicycle routes – the Principal Bicycle
Network.
ƒ Providing improved facilities, particularly storage, for cyclists at public transport
interchanges, rail stations and major attractions.
ƒ Providing bicycle end of trip facilities in commercial buildings.
Promote the use of sustainable personal transport options by:
ƒ Ensuring development provides opportunities to create more sustainable transport
options such as walking, cycling and public transport.
ƒ Ensuring cycling routes and infrastructure are constructed early in new developments.

12.09 Geographic strategies


18/06/2010
VC62
Decision making by planning and responsible authorities must have regard to the following
incorporated documents (as relevant):
ƒ Activity Centres and Principal Public Transport Network Plan (2003).
ƒ Growth Area Framework Plans (Department of Sustainability and Environment 2006)
and the following reference documents (as relevant):
ƒ Melbourne 2030 – Planning for Sustainable Growth (Department of Infrastructure
2002).
ƒ The applicable Precinct Structure Plan Guidelines approved by the Minister for
Planning.
ƒ Upper Yarra Valley and Dandenong Ranges Region - Regional Strategy Plan (1996).
ƒ Port Phillip and Westernport Regional Catchment Strategy (Port Phillip Regional
Catchment and Land Protection Board 1997).
ƒ Victorian Coastal Strategy (Victorian Coastal Council 2002).
ƒ Victorian Heritage Strategy (Heritage Victoria 2000).
ƒ Linking People and Spaces: A Strategy for Melbourne’s Open Space Network (Parks
Victoria 2002).
ƒ Growing Victoria Together (Department of Premier and Cabinet 2001).
ƒ The Victorian Greenhouse Strategy (Department of Natural Resources and Environment
2002).
ƒ Flora and Fauna Guarantee Strategy: Victoria’s Biodiversity (Department of Natural
Resources and Environment 1997).
ƒ Maribyrnong River – Vision for Recreational and Tourism Development (Melbourne
Parks and Waterways 1996).
ƒ Public Transport Guidelines for Land Use and Development (Department of Transport
2008).
ƒ Our Bays Vision: The Bays and Maritime Initiative (Parks Victoria 2009)

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12 PAGE 20 OF 21


ƒ Boating Coastal Action Plan (Central Coastal Board 2007)
ƒ Victorian Cycling Strategy (State of Victoria 2009)

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12 PAGE 21 OF 21


13 [no content]
19/01/2006
VC37

STATE PLANNING POLICY FRAMEWORK - CLAUSE 13 PAGE 1 OF 1


14 SETTLEMENT
15/09/2008
VC49

14.01 Planning for urban settlement


15/09/2008
VC49

14.01-1 Objective
19/01/2006
VC37
To ensure a sufficient supply of land is available for residential, commercial, industrial,
recreational, institutional and other public uses.
To facilitate the orderly development of urban areas.

14.01-2 General implementation


15/09/2008
VC49
Planning authorities should plan to accommodate projected population growth over at least
a 10 year period, taking account of opportunities for redevelopment and intensification of
existing urban areas as well as the limits of land capability and natural hazards,
environmental quality and the costs of providing infrastructure.
In planning for urban growth, planning authorities should encourage consolidation of
existing urban areas while respecting neighbourhood character. Planning authorities should
encourage higher density and mixed use development near public transport routes.
Planning authorities should facilitate the orderly development of developing urban areas
through the preparation of structure plans or precinct structure plans. The plans should take
into account the strategic and physical context of the location, provide for the development
of sustainable and liveable urban areas in an integrated manner, facilitate the development
of walkable neighbourhoods and facilitate the logical and efficient provision of
infrastructure.
Structure plans may consist of a hierarchy of plans that provide the broad planning
framework for an area as well as the more detailed planning requirements for
neighbourhoods and precincts within an area. Planning authorities should facilitate the
preparation of a hierarchy of plans appropriate for the development of an area.
Precinct structure plans for land in the Urban Growth Zone are to be prepared in
accordance with the applicable Precinct Structure Planning Guidelines approved by the
Minister for Planning.
Responsible authorities should use any relevant structure plan or precinct structure plan in
considering applications for subdivision.
Environmentally sensitive areas with significant recreational value such as the Dandenong
and Macedon Ranges, the Upper Yarra Valley, Western Port and Port Phillip Bays and their
foreshores, the Mornington Peninsula, the Yarra and Maribyrnong Rivers and the Merri
Creek, the Grampians, the Gippsland Lakes and its foreshore, the coastal areas and their
foreshores and the Alpine areas as well as nominated urban conservation areas, historic
buildings and precincts should be protected from development which would diminish their
environmental conservation or recreation values.
Decision making by planning and responsible authorities must be consistent with any
relevant requirements of State environment protection policies and waste management
policies.

14.01-3 Geographic strategies


19/01/2006
VC37 In planning for urban growth, planning authorities should have particular regard to the
Victorian Government population projections and land supply estimates.

STATE PLANNING POLICY FRAMEWORK – CLAUSE 14 PAGE 1 OF 1


15 ENVIRONMENT
21/09/2009
VC60

15.01 Protection of catchments, waterways and groundwater


21/09/2009
VC60

15.01-1 Objective
19/01/2006
VC37
To assist the protection and, where possible, restoration of catchments, waterways, water
bodies, groundwater, and the marine environment.

15.01-2 General implementation


21/09/2009
VC60
Decision-making by planning and responsible authorities must be consistent with any
relevant requirements of State environment protection policy (Waters of Victoria).

Catchment planning and management

Planning authorities must have regard to relevant aspects of:

 Any regional catchment strategies approved under the Catchment and Land Protection
Act 1994 and any associated implementation plan or strategy, including regional river
health strategies, regional wetland plans, regional vegetation plans, regional drainage
plans, regional development plans, catchment action plans, landcare plans, and
management plans for roadsides, soil, salinity, water quality and nutrients, floodplains,
heritage rivers, river frontages and waterways.
 Any Action Statements and management plans prepared under the Flora and Fauna
Guarantee Act 1988.
 Any special area plans approved under the Catchment and Land Protection Act 1994.
Planning and responsible authorities should coordinate their activities with those of the
Boards of catchment management authorities appointed under the Catchment and Land
Protection Act 1994 and consider any relevant management plan or works program
approved by a catchment management authority.
Planning and responsible authorities should consider the impacts of catchment management
on downstream water quality and freshwater, coastal and marine environments and, where
possible should encourage:

 The retention of natural drainage corridors with vegetated buffer zones at least 30m
wide along waterways to maintain the natural drainage function, stream habitat and
wildlife corridors and landscape values, to minimise erosion of stream banks and verges
and to reduce polluted surface runoff from adjacent land uses.
 Measures to minimise the quantity and retard the flow of stormwater runoff from
developed areas.
 Measures, including the preservation of floodplain or other land for wetlands and
retention basins, to filter sediment and wastes from stormwater prior to its discharge into
waterways.
Responsible authorities should ensure that works at or near waterways provide for the
protection and enhancement of the environmental qualities of waterways and their instream
uses and are consistent with Guidelines for Stabilising Waterways (Rural Water
Commission 1991) and Environmental Guidelines for River Management Works
(Department of Conservation and Environment 1990), and should have regard to any
relevant regional river health program, river and wetland restoration plans or waterway and
wetland management works programs approved by a catchment management authority.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 15 PAGE 1 OF 13


Water quality protection

Planning and responsible authorities should ensure that land use activities potentially
discharging contaminated runoff or wastes to waterways are sited and managed to minimise
such discharges and to protect the quality of surface water and ground water resources,
rivers, streams, wetlands, estuaries and marine environments.
Incompatible land use activities should be discouraged in areas subject to flooding, severe
soil degradation, groundwater salinity or geotechnical hazards where the land cannot be
sustainably managed to ensure minimum impact on downstream water quality or flow
volumes.
Planning and responsible authorities should ensure land use and development proposals
minimise nutrient contributions to waterways and water bodies and the potential for the
development of algal blooms, consistent with the State environment protection policy
(Waters of Victoria), the Victorian Nutrient Management Strategy (Government of Victoria
1995) and the Urban Stormwater Best Practice Environmental Management Guidelines
(CSIRO 1999).
Responsible authorities should use appropriate measures to restrict sediment discharges
from construction sites in accordance with Construction Techniques for Sediment Pollution
Control (EPA 1991), Environmental Guidelines for Major Construction Sites (EPA 1996 -
Publication 480) and Doing it Right on Subdivisions: Temporary Environment Protection
Measures for Subdivision Construction Sites (EPA 2004 - Publication 960).
Planning and responsible authorities should utilise mapped information available from the
Department of Sustainability and Environment to identify the beneficial uses of
groundwater resources and have regard to potential impacts on these resources of proposed
land use or development.

15.01-3 Geographic strategies


21/09/2009
VC60
Planning and responsible authorities should have regard to regional catchment strategies
and regional river health strategies where relevant.
For land adjoining the Murray River, planning and responsible authorities should consider
the recommendations of the Murray River Regional Environmental Plan No 2 (REP2) of
New South Wales.

15.02 Floodplain management


21/09/2009
VC60

15.02-1 Objective
21/09/2009
VC60
To assist the protection of:

 Life, property and community infrastructure from flood hazard.


 The natural flood carrying capacity of rivers, streams and floodways.
 The flood storage function of floodplains and waterways.
 Floodplain areas of environmental significance or of importance to river health.

15.02-2 General implementation


21/09/2009
VC60
Planning controls for areas subject to flooding should be consistent throughout the State.
Flood risk must be considered in the preparation of planning schemes and land use planning
decisions to avoid intensifying the impacts of flooding through inappropriately located uses
and developments.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 15 PAGE 2 OF 13


Planning authorities should have regard to the following documents when preparing
planning schemes for areas affected by flooding:

 Regional catchment strategies and special area plans approved by the Minister for
Environment and Water.
 State environment protection policy (Waters of Victoria).
 Any floodplain management manual of policy and practice, or catchment management,
river health, wetland or floodplain management strategy adopted by the relevant
responsible floodplain management authority.
 Any best practice environmental management guidelines for stormwater adopted by the
Environment Protection Authority.
Land affected by flooding, including floodway areas, as verified by the relevant floodplain
management authority, should be shown on planning scheme maps. Land affected by
flooding is land inundated by the 1 in 100 year flood event or as determined by the
floodplain management authority.
Emergency facilities (including hospitals, ambulance stations, police stations, fire stations,
transport facilities, communications facilities, community shelters and education centres)
must be located outside the 1 in 100 year floodplain and, where possible, at levels above the
height of the probable maximum flood.
Developments and uses which involve the storage or disposal of environmentally hazardous
industrial and agricultural chemicals or wastes and other dangerous goods (including
piggeries, poultry farms, feedlots and sewage treatment plants) must not be located on
floodplains unless site design and management is such that potential contact between such
substances and floodwaters is prevented, without affecting the flood carrying and flood
storage functions of the floodplain.

15.03 Salinity
19/01/2006
VC37

15.03-1 Objective
19/01/2006
VC37
To minimise the impact of salinity and rising watertables on land uses, buildings and
infrastructure in rural and urban areas and areas of environmental significance and reduce
salt loads in rivers.

15.03-2 General implementation


19/01/2006
VC37
Planning and responsible authorities should use zoning, overlay controls and permit
conditions to:

 Promote vegetation retention and replanting in aquifer recharge areas contributing to


groundwater salinity problems.
 Prevent inappropriate development in areas affected by groundwater salinity.
Planning authorities should have regard to the following documents in planning for areas
affected by salinity:
 A Local Government Planning Guide for Dryland Salinity (Department of Conservation
and Natural Resources 1995).
 Any relevant regional catchment strategy and any associated implementation plan or
strategy (particularly salinity management plans and regional vegetation plans), as well
as special area plans approved under the Catchment and Land Protection Act 1994.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 15 PAGE 3 OF 13


15.04 Air quality
15/09/2008
VC49

15.04-1 Objective
19/01/2006
VC37
To assist the protection and improvement of air quality.

15.04-2 General implementation


15/09/2008
VC49
Decision-making by planning and responsible authorities must be consistent with any
relevant requirements of the State environment protection policy (Air Quality
Management).
Planning and responsible authorities should ensure that development is not prejudiced and
community amenity is not reduced by air emissions by ensuring, wherever possible, that
there is suitable separation between potentially amenity reducing and sensitive land uses
and developments. Consideration should be given to Recommended Buffer Distances for
Industrial Residual Air Emissions (EPA 1990) to determine the extent of separation.
Responsible authorities should have regard to the potential for conflict between land uses or
development within a zone due to air emission impacts.

15.05 Noise abatement


15/09/2008
VC49

15.05-1 Objective
19/01/2006
VC37
To assist the control of noise effects on sensitive land uses.

15.05-2 General implementation


15/09/2008
VC49
Planning and responsible authorities should ensure that development is not prejudiced and
community amenity is not reduced by noise emissions, using a range of building design,
urban design and land use separation techniques as appropriate to the land use functions and
character of the area.
Decision-making by planning and responsible authorities must be consistent with any
relevant aspects of the following documents:

 State environment protection policy (Control of Noise from Commerce, Industry and
Trade) No. N-1 (in metropolitan Melbourne).
 Interim Guidelines for Control of Noise from Industry in Country Victoria (EPA 1989).
 State environment protection policy (Control of Music Noise from Public Premises) No.
N-2.

15.06 Soil contamination


15/09/2008
VC49

15.06-1 Objective
19/01/2006
VC37
To ensure that potentially contaminated land is suitable for its intended future use and
development, and that contaminated land is used safely.

15.06-2 General implementation


15/09/2008
VC49
Minister’s Direction No. 1 under the Planning and Environment Act 1987 applies to the
preparation of a planning scheme or amendment which would have the effect of allowing

STATE PLANNING POLICY FRAMEWORK - CLAUSE 15 PAGE 4 OF 13


land used or known to have been used for industry, mining or the storage of chemicals, gas,
wastes or liquid fuel to be used for agriculture, public open space or a residential use, a
child care centre, a pre-school centre or a primary school.
In considering applications for use of land used or known to have been used for industry,
mining or the storage of chemicals, gas, wastes or liquid fuel, responsible authorities should
require applicants to provide adequate information on the potential for contamination to
have adverse effects on the future land use.
Planning and responsible authorities should have regard to the following documents when
making decisions regarding contaminated land:

 State Environment Protection Policy - Prevention and Management of Contamination of


Land (June 2002)
 National Environment Protection (Assessment of Site Contamination) Measure
(National Environment Protection Council, 1999)
 Relevant Information Bulletins published by the Environment Protection Authority.

15.07 Protection from wildfire


09/10/2006
VC42

15.07-1 Objective
19/01/2006
VC37
To assist the minimisation of risk to life, property, the natural environment and community
infrastructure from wildfire.

15.07-2 General implementation


09/10/2006
VC42
In consultation with relevant fire authorities, planning authorities must identify wildfire risk
environments in planning schemes.
Fire hazards must be considered in planning decisions affecting wildfire risk environments
to avoid intensifying the risk through inappropriately located or designed uses or
developments.
Planning and responsible authorities must have regard to the following documents when
considering land use or development in wildfire risk environments:

 Municipal Fire Prevention Plans.


 Code of Practice for Fire Management on Public Land (Department of Sustainability
and Environment, Revision No. 1 February 2006).
 Bushfire Prone Areas (Building Control Commission and Country Fire Authority 1995).
 Wildfire Intensity Maps prepared by the Country Fire Authority.
 Building in bushfire-prone areas - CSIRO & Standards Australia (SAA HB36-1993),
May 1993.
 Requirements for Water Supplies and Access for Subdivisions in Residential 1 and 2
and Township Zones (Country Fire Authority 2004).
 Planning Conditions and Guidelines for Subdivisions (Country Fire Authority 1991).
 Any relevant regional catchment strategy.
The advice of the relevant fire authority should be sought if compliance with the above
codes of practice or guidelines is not likely or additional measures are believed necessary.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 15 PAGE 5 OF 13


15.08 Coastal Areas
18/12/2008
VC52

15.08-1 Objective
18/12/2008
VC52
To protect and enhance the natural ecosystems and landscapes of the coastal estuarine and
marine environment.
To ensure sustainable use of natural coastal resources.
To achieve development that provides an environmental, social and economic balance.
To recognise and enhance the community’s value of the coast.
To plan for and manage the potential coastal impacts of climate change.

15.08-2 Strategies
18/12/2008
VC52

Integrated planning for the future

Land use and development planning should be coordinated with the requirements of the
Coastal Management Act 1995 to:
 Provide clear direction for the future sustainable use of the coast, including the marine
environment, for recreation, conservation, tourism, commerce and similar uses in
appropriate areas.
 Protect and maintain areas of environmental significance.
 Identify suitable areas and opportunities for improved facilities.
Decision-making by planning authorities and responsible authorities should apply the
hierarchy of principles for coastal planning and management as set out in the Victorian
Coastal Strategy 2008, which are:
1. Provide for the protection of significant environmental and cultural values.
2. Undertake integrated planning and provide clear direction for the future.
3. Ensure the sustainable use of natural coastal resources.
When the above principles have been considered and addressed:
4. Ensure development on the coast is located within existing modified and resilient
environments where the demand for development is evident and the impact can be
managed.

Managing coastal hazards and the coastal impacts of climate change

Planning to manage coastal hazards and the coastal impacts of climate change should:
 Plan for sea level rise of not less than 0.8 metres by 2100, and allow for the combined
effects of tides, storm surges, coastal processes and local conditions such as topography
and geology when assessing risks and coastal impacts associated with climate change.
 Apply the precautionary principle to planning and management decision-making when
considering the risks associated with climate change.
 Ensure that new development is located and designed to take account of the impacts of
climate change on coastal hazards such as the combined effects of storm tides, river
flooding, coastal erosion and sand drift.
 Ensure that land subject to coastal hazards are identified and appropriately managed to
ensure that future development is not at risk.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 15 PAGE 6 OF 13


 Avoid development in identified coastal hazard areas susceptible to inundation (both
river and coastal), erosion, landslip/landslide, acid sulfate soils, wildfire and
geotechnical risk.

Population growth and sustainable development

Planning for population growth and sustainable development should:


 Identify a clear settlement boundary around coastal settlements to ensure that growth in
coastal areas is planned and coastal values protected. Where no settlement boundary is
identified, the extent of a settlement is defined by the extent of existing urban zoned
land and any land identified on a plan in the planning scheme for future urban
settlement.
 Direct residential and other urban development and infrastructure within defined
settlement boundaries of existing settlements that are capable of accommodating growth.
 Support a network of diverse coastal settlements which provides for a broad range of
housing types, economic opportunities and services.
 Ensure a sustainable water supply, stormwater and sewerage treatment for all
development.
 Encourage urban renewal and redevelopment opportunities within existing settlements
to reduce the demand for urban sprawl.
 Avoid linear urban sprawl along the coastal edge and ribbon development within rural
landscapes and protect areas between settlements for non-urban use.
 Encourage opportunities to restructure old and inappropriate subdivisions to reduce
development impacts on the environment.
 Ensure development is sensitively sited and designed and respects the character of
coastal settlements.
 Minimise the quantity and enhance the quality of storm water discharge from new
development into the ocean, bays and estuaries.
 Promote ecological sustainable design techniques such as energy efficiency and water
sensitive urban design.
 Avoid development on ridgelines, primary coastal dune systems and low lying coastal
areas.

Sustainable use, protection and management of environmental and cultural


values

Planning for sustainable use, protection and management of significant environmental and
cultural values should:
 Ensure development conserves, protects and seeks to enhance coastal biodiversity and
ecological values by:
 Encouraging revegetation of cleared land abutting coastal reserves.
 Maintaining the natural drainage patterns, water quality and biodiversity within and
adjacent to coastal estuaries, wetlands and waterways.
 Avoiding disturbance of coastal acid sulfate soils.
 Protect cultural heritage places, including Aboriginal places, archaeological sites and
historic shipwrecks.
 Ensure that use and development on or adjacent to coastal foreshore Crown land:

STATE PLANNING POLICY FRAMEWORK - CLAUSE 15 PAGE 7 OF 13


 Maintains safe, equitable public access and improves public benefit whilst protecting
local environmental and social values.
 Demonstrates need and coastal dependency.
 Is located within a defined activity or recreation node.
 Encourage suitably located and designed coastal and marine tourism opportunities
which:
 Ensure that a diverse range of accommodation options and coastal experience are
maintained and provided for and that sites and facilities are accessible to all.
 Demonstrate a tourist accommodation need and support a nature based approach
within non-urban areas.
 Are of an appropriate scale, use and intensity relative to its location and minimises
impacts on the surrounding natural visual, environmental and coastal character.

Planning for the Great Ocean Road Region

In addition to the land use and development strategies above, planning for the Great Ocean
Road Region should:

 Protect the landscape and environment by:


 Protecting public land and parks and identified significant landscapes.
 Ensuring development responds to the identified landscape character of the area.
 Managing the impact of development on catchments and coastal areas.
 Managing the impact of development on the environmental and cultural values of the
area.
 Manage the growth of towns by:
 Respecting the character of coastal towns and promoting best practice design for
new development.
 Directing urban growth to strategically identified areas.
 Encouraging environmentally sustainable development.
 Improve the management of access and transport by:
 Managing the Great Ocean Road for tourism and regional access.
 Enhancing the safety and travelling experience of the Great Ocean Road.
 Improving the safety and operational performance of the inland routes from the
Princes Highway to the Great Ocean Road.
 Providing travel choices to and within the region.
 Encourage sustainable tourism and resource use by:
 Developing a network of tourism opportunities throughout the region.
 Supporting tourism activities that provide environmental, economic and social
benefits.
 Supporting the land use and transport needs of key regional industries including
tourism.
 Using natural resources with care.

15.08-3 Geographic strategies


18/12/2008
VC52
Decision making by planning and responsible authorities should be consistent with:

 The Victorian Coastal Strategy 2008.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 15 PAGE 8 OF 13


 The Great Ocean Road Region - A Land Use and Transport Strategy (Department of
Sustainability and Environment, 2004)
 The purpose for which land is reserved under the Crown Land (Reserves) Act 1978.
 Any relevant State environment protection policy.
 Any relevant coastal action plan or management plan approved under the Coastal
Management Act 1995 or National Parks Act 1975.
 Any approved recommendations from the Land Conservation Council or the Victorian
Environment Assessment Council.
and have regard to (as relevant):
 The Coastal Spaces Landscape Assessment Study (Department of Sustainability and
Environment, 2006).
 The Great Ocean Road Landscape Assessment Study (Department of Sustainability and
Environment, 2004).
 The Siting and Design Guidelines for Structures on the Victorian Coast (Victorian
Coastal Council, 1998).

15.09 Conservation of native flora and fauna


16/03/2006
VC38

15.09-1 Objective
19/01/2006
VC37
To assist the protection and conservation of biodiversity, including native vegetation
retention and provision of habitats for native plants and animals and control of pest plants
and animals.

15.09-2 General implementation


16/03/2006
VC38
Planning authorities should have regard to The National Strategy for the Conservation of
Australia’s Biological Diversity (Department of Environment, Sport and Territories 1996),
any Strategy, relevant Governor-in-Council orders and Action Statements prepared under
the Flora and Fauna Guarantee Act 1988, and any relevant regional catchment strategy and
associated implementation plans and strategies, particularly regional vegetation plans and
roadside management strategies, as well as special area plans approved under the
Catchment and Land Protection Act 1994, when preparing planning scheme amendments or
municipal strategic statements affecting native vegetation, flora, fauna, waterways or
wetlands.
Planning authorities should utilise mapped information available from the Department of
Sustainability and Environment to identify areas of significant native vegetation and
biodiversity.
Decision-making by planning and responsible authorities should:

 Assist the protection of conservation values of national parks and conservation reserves.
 Assist the conservation of the habitats of threatened and endangered species and
communities as identified under the Flora and Fauna Guarantee Act 1988, including
communities under-represented in conservation reserves such as native grasslands,
grassy woodlands and wetlands.
 Address potentially threatening processes identified under the Flora and Fauna
Guarantee Act 1988.
 Assist re-establishment of links between isolated habitat remnants.
Planning and responsible authorities must have regard to Victoria’s Native Vegetation
Management – A Framework for Action (Department of Natural Resources and

STATE PLANNING POLICY FRAMEWORK - CLAUSE 15 PAGE 9 OF 13


Environment 2002). If a permit is required to remove native vegetation, or an amendment
to this scheme or an application for subdivision could result in the removal of native
vegetation, planning and responsible authorities should follow the three-step approach as
defined in the Framework. This is achieved firstly, as a priority, by avoiding the removal of
native vegetation; secondly, if the removal of native vegetation cannot be avoided, by
minimising the loss of native vegetation through appropriate consideration in planning
processes and expert input into project design or management; and thirdly, by identifying
appropriate offset actions.
Planning and responsible authorities must ensure that any changes in land use or
development would not adversely affect the habitat values of wetlands and wetland wildlife
habitats designated under the Convention on Wetlands of International Importance (the
Ramsar Convention) or utilised by species designated under the Japan-Australia Migratory
Birds Agreement (JAMBA) or the China-Australia Migratory Birds Agreement (CAMBA).
Planning and responsible authorities should consider the potential impacts of land use and
development on the spread of plant and animal pests from areas of known infestation into
natural ecosystems.
Responsible authorities should ensure that the siting of new buildings and works minimises
the removal or fragmentation of native vegetation.
Responsible authorities should encourage the use of property vegetation plans or works
programs and consider the need to protect waterways and soil from degradation that may
result from the loss of native vegetation and the use of voluntary conservation agreements
between land owners and the Department of Sustainability and Environment.

15.10 Open space


19/01/2006
VC37

15.10-1 Objective
19/01/2006
VC37
To assist creation of a diverse and integrated network of public open space commensurate
with the needs of urban communities and rural areas.

15.10-2 General implementation


19/01/2006
VC37
Planning authorities should plan for regional open space networks to be used for recreation
and conservation of natural and cultural environments.
Planning and responsible authorities should ensure that open space networks:

 Are linked through the provision of walking and cycle trails and rights of way.
 Are integrated with open space contributions from abutting subdivisions.
 Incorporate, where possible, links between major parks and activity areas, along
waterways and natural drainage corridors, connecting places of natural and cultural
interest, as well as maintaining public accessibility on public land immediately adjoining
waterways and coasts.
Planning and responsible authorities should ensure that land is set aside and developed in
residential areas for local recreational use and to create pedestrian and bicycle links to
commercial and community facilities.
Planning and responsible authorities should ensure that land use and development adjoining
regional open space networks, national parks and conservation reserves complements the
open space in terms of visual and noise impacts, treatment of waste water to reduce
turbidity or pollution and preservation of vegetation.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 15 PAGE 10 OF 13


15.11 Heritage
15/09/2008
VC49

15.11-1 Objective
19/01/2006
VC37
To assist the conservation of places that have natural, environmental, aesthetic, historic,
cultural, scientific or social significance or other special value important for scientific and
research purposes, as a means of understanding our past, as well as maintaining and
enhancing Victoria’s image and making a contribution to the economic and cultural growth
of the State.

15.11-2 General implementation


15/09/2008
VC49
Planning and responsible authorities should identify, conserve and protect places of natural
or cultural value from inappropriate development. These include:

 Places of botanical, zoological or other scientific importance, including national parks


and conservation reserves and the habitats of rare or endangered plants and animals.
 Places and sites of geological, palaeontological or other scientific importance, including
rock formations and fossil sites.
 Places of Aboriginal cultural heritage significance and historical and archaeological
sites.
 Sites associated with the European discovery, exploration and settlement of Victoria.
 Important buildings, structures, parks, gardens, sites, areas, landscapes, towns and other
places associated with the historic and cultural development of Victoria, including
places associated with pastoral expansion, gold mining, industrial development and the
economic expansion and growth of Victoria.
Planning and responsible authorities should take account of the findings and
recommendations of the Victorian Heritage Council and the provisions of the Heritage Act
1995.
Planning authorities should have regard to Local Government Heritage Guidelines
(Department of Planning and Housing 1991) when preparing planning schemes or
amendments to assist the conservation and enhancement of places, sites and objects of non-
Aboriginal cultural heritage value.
Planning and responsible authorities must take account of the requirements of the
Aboriginal Heritage Act 2006.

15.12 Energy efficiency


19/01/2006
VC37

15.12-1 Objective
19/01/2006
VC37
To encourage land use and development that is consistent with the efficient use of energy
and the minimisation of greenhouse gas emissions.

15.12-2 General implementation


19/01/2006
VC37
Planning and responsible authorities should:

 Promote energy efficient building and subdivision design.


 Promote consolidation of urban development and integration of land use and transport.
 Encourage retention of existing vegetation or revegetation as part of subdivision and
development proposals.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 15 PAGE 11 OF 13


15.13 Alpine areas
17/09/2007
VC45

15.13-1 Objective
19/01/2006
VC37
To protect and manage significant environmental features and ecosystems and facilitate
sustainable use and development of Alpine Resorts for year round use and activity, and to
provide a framework for the planning of the alpine areas.

15.13-2 General implementation


17/09/2007
VC45
The Alpine Resorts 2020 Strategy provides a framework for the sustainable long term
planning and management of Victoria’s six alpine resorts: Falls Creek, Lake Mountain,
Mount Baw Baw, Mount Buller, Mount Hotham and Mount Stirling. Planning and
responsible authorities should have regard to the strategic directions contained within the
Alpine Resorts 2020 Strategy.
Planning and responsible authorities, in conjunction with the Resort Management Boards,
should develop, monitor and regularly review Alpine Resort Environmental Management
Plans and Comprehensive Development Plans for each alpine resort, recognising their
unique characteristics, constraints and opportunities. In doing so, the distinct environments,
infrastructure needs and capabilities to support different activities of the alpine resorts of
Falls Creek, Lake Mountain, Mt Baw Baw, Mt Buller, Mt. Hotham and Mt Stirling and
other alpine areas should be considered.
Planning and responsible authorities should maintain a close working relationship with
Resort Management Boards recognising that ongoing implementation of approved plans
and management of developments is crucial to the effective operation of the alpine resorts
and protection of alpine resources.
Planning authorities and responsible authorities should:

 Take into account the sensitive and fragile nature of the alpine environment.
 Ensure that there is a mixture of uses and developments to cater for users of the alpine
areas in all seasons.
 Provide for the development of consolidated alpine villages, including a diverse range
of employment, social and economic opportunities.
 Ensure that proposals for use and development are generally in accordance with any
approved Comprehensive Development Plan and comply with any approved Alpine
Resort Environmental Management Plan.
 Encourage best practice for low impact and environmentally sensitive management that
minimise disturbance of indigenous flora and fauna and sensitive landscape in both
construction and operation of all developments.
 Encourage best practice in design that responds to the alpine character and histories
derived from Aboriginal cultural heritage and post contact European heritage including
mining, logging, grazing and recreation.
Planning and responsible authorities should ensure that increases in skier, pedestrian and
vehicular activity in the resorts do not compromise public safety or the accessibility and
capacity of skifields, services, commercial activity and development of trailheads.
Planning and responsible authorities should have regard to the Alpine Development Code
1997 and to any relevant approved Land Conservation Council or Environment
Conservation Council recommendations.
Decision making by planning and responsible authorities should be consistent with any
relevant State environment protection policy as varied form time to time.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 15 PAGE 12 OF 13


15.13-3 Geographic Strategies
19/01/2006
VC37
In planning for Alpine areas planning authorities and responsible authorities should:

 Promote development for active recreation solely at Falls Creek, Lake Mountain, Mt
Buffalo, Mt Baw Baw, Mt Buller and Mt Hotham.
 Promote intensive residential and commercial development at Falls Creek, Mt Baw
Baw, Mt Buller and Mt Hotham.
 Maintain Mt Stirling as an all season nature based tourist, recreational and educational
resource.
Planning authorities should have regard to:

 The Memorandum of Understanding in relation to the Co-operative Management of the


Australian Alps National Parks agreed to by the member states and territories of
Victoria, Australian Capital Territory and New South Wales.
 Any approved management plans and guidelines endorsed by the Minister for
Environment and Water.
 Alpine Resorts 2020 Strategy.

15.14 Renewable energy


21/09/2009
VC60

15.14-1 Objective
21/09/2009
VC60
To promote the provision of renewable energy in a manner that ensures appropriate siting
and design considerations are met.

15.14-2 General implementation


21/09/2009
VC60
Planning should facilitate renewable energy development in appropriate locations.
Planning should consider the economic and environmental benefits to the broader
community of renewable energy generation and the effects on the local environment.
In planning for wind energy facilities, planning should:

 Facilitate the consideration of wind energy development proposals;


 Recognise that economically viable wind energy facilities are dependent on locations
with consistently strong winds over the year and that such sites may be highly localised;
and
must take into account the Policy and Planning Guidelines for Development of Wind
Energy Facilities in Victoria, 2009.
In considering proposals for renewable energy, planning and responsible authorities should
have regard to the Renewable Energy Action Plan, July 2006.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 15 PAGE 13 OF 13


16 HOUSING
21/09/2009
VC60

16.01 Residential development for single dwellings


19/01/2006
VC37

16.01-1 Objective
19/01/2006
VC37
To encourage:

 Subdivisions in locations with access to physical and community infrastructure and


providing a range of lot sizes, a convenient and safe road network, appropriate
pedestrian and cycle paths, sufficient useable public open space and low vulnerability to
fire.
 Residential development that is cost-effective in infrastructure provision and use, energy
efficient, incorporates water-sensitive design principles and encourages public transport
use.
 Opportunities for increased residential densities to help consolidate urban areas.

16.01-2 General implementation


19/01/2006
VC37
Maximum use should be made of Clause 56 to plan subdivisions for development of single
houses.

16.02 Medium density housing


19/01/2006
VC37

16.02-1 Objective
19/01/2006
VC37
To encourage the development of well-designed medium-density housing which:

 Respects the neighbourhood character.


 Improves housing choice.
 Makes better use of existing infrastructure.
 Improves energy efficiency of housing.

16.02-2 General implementation


19/01/2006
VC37
Responsible authorities should use Clause 54 and Clause 55 in considering applications for
medium-density housing.

16.03 Rural living and rural residential development


21/09/2009
VC60

16.03-1 Objective
19/01/2006
VC37
To identify land suitable for rural living and rural residential development.

16.03-2 General implementation


21/09/2009
VC60
Minister’s Direction No 6, Rural Residential Development applies to the preparation of
planning scheme amendments to allow rural residential development.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 16 PAGE 1 OF 3


Land should only be zoned for rural living or rural residential development where it:

 Is located close to existing towns and urban centres, but not in areas that will be required
for fully serviced urban development.
 Can be supplied with electricity and water and good quality road access.
Land should not be zoned for rural living or rural residential development if it will encroach
on high quality productive agricultural land or adversely impact on waterways or other
natural resources.
Planning authorities and responsible authorities, in considering proposed residential
development in the vicinity of:

 Cattle feedlots, should have regard to the Victorian Code for Cattle Feedlots
(Department of Agriculture, Energy and Minerals, 1995).
 Broiler farms, should have regard to the Victorian Code for Broiler Farms 2009.

16.04 Crisis accommodation and community care units


19/01/2006
VC37

16.04-1 Objective
19/01/2006
VC37
To encourage the establishment of crisis accommodation and community care units in
residential areas and to ensure that their location is kept confidential.

16.04-2 General implementation


19/01/2006
VC37
Planning schemes must not require a planning permit for or prohibit the use of a dwelling of
up to 10 habitable rooms in a residential area as shared housing or crisis accommodation.
Planning schemes must not identify the site of a community care unit or a dwelling used for
crisis accommodation as having that use.
Planning schemes must not require a permit for or prohibit the use of buildings for
community care units (with accommodation for no more than 20 clients plus supervisory
staff) in areas used mainly for housing.

16.05 Affordable housing


31/10/2006
VC43

16.05-1 Objective
31/10/2006
VC43
To deliver more affordable housing closer to jobs, transport and services.

16.05-2 Strategies
31/10/2006
VC43
Improve housing affordability by:

 Ensuring land supply continues to be sufficient to meet demand.


 Increasing choice in housing type, tenure and cost to meet the needs of households as
they move through life cycle changes and to support diverse communities.
 Promoting good housing and urban design to minimise negative environmental impacts
and keep down costs for residents and the wider community.

Increase the supply of well-located affordable housing by:

STATE PLANNING POLICY FRAMEWORK - CLAUSE 16 PAGE 2 OF 3


 Encouraging a significant proportion of new development, including development at
activity centres and strategic redevelopment sites, to be affordable for households on
low to moderate incomes.
 Facilitating a mix of private, affordable and social housing in activity centres, strategic
redevelopment sites and Transit Cities projects.
 Ensuring the redevelopment and renewal of public housing stock better meets
community needs.

16.06 Residential aged care facilities


15/12/2008
VC50

16.06-1 Objective
15/12/2008
VC50
To facilitate the timely development of residential aged care facilities to meet existing and
future needs.
To encourage well-designed and appropriately located residential aged care facilities.

16.06-2 Strategies
15/12/2008
VC50
Encourage planning for housing that:

 Enables older people to live in appropriate housing in their local community.


 Delivers an adequate supply of land or redevelopment opportunities for residential
aged care facilities.
 Recognises that residential aged care facilities contribute to housing diversity and
choice.
 Recognises that residential aged care facilities are an appropriate use in a residential
area.
 Recognises that residential aged care facilities are different to dwellings in their
purpose and function, and will have a different built form (including height, scale and
mass).
Planning authorities should ensure local housing strategies, precinct structure plans, and
activity centre structure plans:
 Provide for a mix of housing for older people with appropriate access to care and
support services.
 Direct residential aged care facilities to locations close to services and public transport.
 Take into account the Commonwealth Government’s planning ratios for the provision
of aged care places under the Aged Care Act 1997.

Responsible authorities should ensure that:


 Residential aged care facilities are located in residential areas, activity centres and
strategic redevelopment areas, close to services and public transport.
 Proposals to establish residential aged care facilities early in the life of a growth area
are in locations that will have early access to services and public transport.
 Residential aged care facilities are designed to respond to the site and its context.
 Residential aged care facilities aspire to high urban design and architectural standards.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 16 PAGE 3 OF 3


17 ECONOMIC DEVELOPMENT
21/09/2009
VC60

17.01 Activity centres


19/01/2006
VC37

17.01-1 Objective
19/01/2006
VC37
To encourage the concentration of major retail, commercial, administrative, entertainment
and cultural developments into activity centres (including strip shopping centres) which
provide a variety of land uses and are highly accessible to the community.

17.01-2 General implementation


19/01/2006
VC37
Activity centres should be planned to:
 Provide a range of shopping facilities in locations which are readily accessible to the
community.
 Incorporate and integrate a variety of land uses, including retail, office, education,
human services, community facilities, recreation, entertainment and residential uses
where appropriate.
 Provide good accessibility by all available modes of transport (particularly public
transport) and safe pedestrian and cycling routes, and to encourage multi-purpose trip-
making to such centres.
 Facilitate ease of pedestrian movement between components of centres, public transport
interchanges and parking areas.
 Maximise opportunities for the co-location, multiple use and sharing of facilities.
 Provide child care facilities to a level consistent with the role of the centres.
 Minimise the effects of commercial development on the amenity of residential and
parkland areas, for example as a result of traffic congestion, noise or overshadowing.
 Provide attractive environments for community activities.

17.02 Business
19/01/2006
VC37

17.02-1 Objective
19/01/2006
VC37
To encourage developments which meet community’s needs for retail, entertainment, office
and other commercial services and provide net community benefit in relation to
accessibility, efficient infrastructure use and the aggregation and sustainability of
commercial facilities.

17.02-2 General implementation


19/01/2006
VC37
Commercial facilities should be located in existing or planned activity centres unless they
are:
 New freestanding commercial developments in new residential areas which have
extensive potential for population growth or will accommodate facilities that improve
the overall level of accessibility for the community, particularly by public transport.
 New convenience shopping facilities to provide for the needs of the local population in
new residential areas and within, or immediately adjacent to, existing commercial
centres.
 Outlets of trade-related goods or services directly serving or ancillary to industry and
which have adequate on-site car parking.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 17 PAGE 1 OF 7


Cinema based entertainment facilities should be located within or on the periphery of
existing or planned activity centres and should not require a permit for use in activity centre
zones. Such facilities are not encouraged on freestanding sites.
A five year time limit for commencement should be attached to the planning approval for all
shopping centres or expansions of over 1,000 square metres in floorspace.

17.03 Industry
09/10/2006
VC42

17.03-1 Objective
19/01/2006
VC37
To ensure availability of land for industry and to facilitate the sustainable development and
operation of industry and research and development activity.

17.03-2 General implementation


09/10/2006
VC42
Industrial activity in industrial zones should be protected from the encroachment of
unplanned commercial, residential and other sensitive uses which would adversely affect
industry viability.
Planning authorities should zone land for industrial development in urban growth areas
where good access for employees and freight transport is available and where appropriate
buffer areas can be provided between the proposed industrial land and nearby sensitive land
uses.
Planning authorities should protect the quantum of large areas of industrial land of state
significance to ensure availability of land for major industrial development, particularly for
industries and storage facilities that require significant threshold distances from sensitive
uses. Industrial areas of state significance include but are not limited to:
 Dandenong South in the City of Greater Dandenong;
 Campbellfield and Somerton in the City of Hume and Thomastown in the City of
Whittlesea; and
 Laverton North in the City of Wyndham and Derrimut in the City of Brimbank.
Existing industrial areas that include key manufacturing or processing industries; a major
clustering of allied industries; key industrial infrastructure should be protected and carefully
planned where possible to facilitate further industrial development.
Responsible authorities should not approve non-industrial land uses which will prejudice
the availability of land for future industrial requirements in industrial zones.
Adequate separation and buffer areas must be provided between sensitive uses and
offensive or dangerous industries and quarries to ensure that residents are not affected by
adverse environmental effects, nuisance or exposure to hazards. Planning and responsible
authorities must have regard to Recommended Buffer Distances for Industrial Residual Air
Emissions (EPA 1990) and promote best practice risk and environmental management.
Responsible authorities should ensure that industrial activities requiring substantial
threshold distances are located in the core of suitably zoned industrial areas and encourage
activities with minimal threshold requirements to locate towards the perimeter of the zone.
Responsible authorities should, where possible, minimise inter-industry conflict and
encourage like industries to locate within the same area.
Planning and responsible authorities should consult with the Victorian WorkCover
Authority on requirements for industrial land use or development under the Dangerous
Goods Act 1985 and associated legislation and the Occupational Health and Safety (Major
Hazard Facilities) Regulations 2000.
Industrial uses that meet appropriate standards of safety and amenity should be encouraged
to locate within activity centres.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 17 PAGE 2 OF 7


17.04 Tourism
19/01/2006
VC37

17.04-1 Objective
19/01/2006
VC37
To encourage tourism development to maximise the employment and long-term economic,
social and cultural benefits of developing the State as a competitive domestic and
international tourist destination.

17.04-2 General implementation


19/01/2006
VC37
Planning and responsible authorities should encourage the development of a range of well
designed and sited tourist facilities, including integrated resorts, motel accommodation and
smaller scale operations such as host farm, bed and breakfast and retail opportunities.
Facilities should have access to suitable transport and be compatible with and build upon
the assets and qualities of surrounding urban or rural activities and cultural and natural
attractions.
Responsible authorities should use the Planning and Building Tourism from Concept to
Reality: Guidelines for Planning and Developing Tourism Projects in Victoria (Tourism
Victoria, 2000) in considering applications for tourist development.

17.04-3 Geographic strategies


19/01/2006
VC37
Planning and responsible authorities should have regard to any relevant regional tourism
development strategy.

17.05 Agriculture
19/01/2006
VC37

17.05-1 Objective
19/01/2006
VC37
To ensure that the State’s agricultural base is protected from the unplanned loss of
productive agricultural land due to permanent changes of land use and to enable protection
of productive farmland which is of strategic significance in the local or regional context.

17.05-2 General implementation


19/01/2006
VC37
Land capability is a fundamental factor for consideration in rural land use planning.
Planning authorities should consult with the Department of Primary Industries and utilise
available information to identify areas of productive agricultural land.
Regional and State, as well as local, issues and characteristics should be taken into account
in the assessment of agricultural quality and productivity.
Permanent removal of productive agricultural land from the State's agricultural base must
not be undertaken without consideration of its economic importance for the agricultural
production and processing sectors.
Planning should support effective agricultural production and processing infrastructure,
rural industry and farm-related retailing and assist genuine farming enterprises to adjust
flexibly to market changes.
Planning and responsible authorities should encourage sustainable land use.
Planning should provide encouragement for sustainable agriculture and support and assist
the development of innovative approaches to sustainable practices.
Subdivision of productive agricultural land should not detract from the long-term
productive capacity of the land.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 17 PAGE 3 OF 7


In assessing rural development proposals, planning and responsible authorities must balance
the potential off-site effects of rural land use proposals (such as degradation of soil or water
quality and land salinisation) which might affect productive agricultural land against the
benefits of the proposals.
In considering a proposal to subdivide or develop agricultural land, the following factors
must be considered:
 The desirability and impacts of removing the land from primary production, given its
agricultural productivity.
 The impacts of the proposed subdivision or development on the continuation of primary
production on adjacent land, with particular regard to land values and to the viability of
infrastructure for such production.
 The compatibility between the proposed or likely development and the existing uses of
the surrounding land.
 Assessment of the land capability.

Where inappropriate subdivisions exist on productive agricultural land, priority should be


given by planning authorities to their re-structure.
Planning and responsible authorities should consider the potential impacts of land use and
development on the spread of plant and animal pests from areas of known infestation into
agricultural areas.
In considering proposals for land based aquaculture facilities, responsible authorities should
have regard to the Planning Guidelines for Land Based Aquaculture in Victoria
(Department of Primary Industries, No. 21, September 2005).

17.06 Intensive animal industries


21/09/2009
VC60

17.06-1 Objective
19/01/2006
VC37
To facilitate the establishment and expansion of cattle feedlots, piggeries, poultry farms and
other intensive animal industries in a manner consistent with orderly and proper planning
and protection of the environment.

17.06-2 General implementation


21/09/2009
VC60
In considering proposals for use and development of cattle feedlots, responsible authorities
must have regard to the Victorian Code for Cattle Feedlots (Department of Agriculture,
Energy and Minerals 1995).
In considering proposals for use and development of piggeries, responsible authorities
should have regard to the Code of Practice: Piggeries (Health Commission of Victoria and
Department of Food and Agriculture 1992).
In considering proposals for use and development of broiler farms, responsible authorities
must have regard to the Victorian Code for Broiler Farms 2009.

17.07 Forestry and timber production


17/09/2007
VC45

17.07-1 Objective
17/09/2007
VC45
To facilitate the establishment, management and harvesting of plantations, harvesting of
timber from native forests and the development of forest based industries consistent with the
National Forest Policy Statement (1992) and the Plantations 2020 Vision (1997).

STATE PLANNING POLICY FRAMEWORK - CLAUSE 17 PAGE 4 OF 7


17.07-2 General implementation
17/09/2007
VC45
Planning and responsible authorities should consider environmental, social and economic
factors in planning for forestry and timber production activities, including protection of
water quality and soil stability. Timber production in native forests should be conducted in
an environmentally sustainable manner.
Planning and responsible authorities should promote the establishment of softwood and
hardwood plantations on predominantly cleared land as well as other areas subject to or
contributing to land and water degradation.
Planning authorities should identify areas which may be suitably used and developed for
plantation timber production.
Timber production (except agroforestry, windbreaks and commercial plantations of 5
hectares or less) is to be conducted in accordance with the Code of Practice for Timber
Production 2007 (Department of Sustainability and Environment).

17.08 Mineral resources


17/09/2007
VC45

17.08-1 Objective
19/01/2006
VC37
To protect identified mineral resources, to encourage mineral exploration and mining in
accordance with acceptable environmental standards and to provide a consistent planning
approval process.

17.08-2 General implementation


17/09/2007
VC45
Planning schemes must not prohibit or require approval for mineral exploration. Mineral
exploration is to be managed solely under the Mineral Resources (Sustainable
Development) Act 1990.
The provisions of the Planning and Environment Act 1987, the Mineral Resources
(Sustainable Development) Act 1990, the Environment Protection Act 1970, the
Environment Effects Act 1978, the Flora and Fauna Guarantee Act 1988 and the Aboriginal
Heritage Act 2006 should be applied to mining activities in a timely and coordinated
manner.
Planning and responsible authorities should endeavour to maintain access to land
prospective for mining where this is consistent with overall planning considerations and
application of acceptable environmental practice.
Planning schemes should recognise the possible need to provide mining infrastructure in
urban areas with mineral deposits.

17.08-3 Geographic strategies


19/01/2006
VC37
Planning and responsible authorities in Central Gippsland must act to protect the brown
coal resource and should ensure that:
 Changes in use and development of land overlying coal resources, as generally defined
in Framework of the Future (Minister for Industry, Technology and Resources and
Minister for Planning and Environment, 1987) and the Land Over Coal and Buffer Area
Study (Ministry for Planning and Environment, 1988), do not compromise the winning
or processing of coal.
 Coal-related development is adequately separated from residential or other sensitive
uses and main transport corridors by buffer areas to minimise adverse effects such as
noise, dust, fire, earth subsidence, and visual intrusion.
 Uses and development within the buffer areas are compatible with uses and development
adjacent to these areas.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 17 PAGE 5 OF 7


17.09 Extractive industry
15/09/2008
VC49

17.09-1 Objective
19/01/2006
VC37
To identify and protect stone resources accessible to major markets and to provide a
consistent planning approval process for extraction in accordance with acceptable
environmental standards.

17.09-2 General implementation


15/09/2008
VC49
Except for costeaning and bulk sampling activities, planning schemes must allow the use
and development of land for search for stone without planning approval.
Planning schemes must not prohibit extractive industry in non-urban zones, except if it is
prohibited by an Act of Parliament.
The provisions of the Planning and Environment Act 1987 and the Extractive Industries
Development Act 1995, the Environment Protection Act 1970 relevant State environment
protection policies, relevant waste management policies, the Flora and Fauna Guarantee Act
1988 and the Aboriginal Heritage Act 2006 should be applied to extractive industry
activities in a timely and coordinated manner.
Provision for buffer areas between new extractive industries and sensitive land uses should
be determined on the following principles:
 Clearly defined buffer areas appropriate to the nature of the proposed extractive uses,
which are to be owned or controlled by the proponent of an extractive industry, are
specified in an application for permit.
 Performance standards for the buffer area are set in accordance with requirements of the
Extractive Industries Development Regulations 1996 or a work authority or a permit and
have regard to the zoning of the land surrounding the extractive industry.
 Activities within land zoned for public use may be taken into consideration in
determining the buffer areas.

Provision for buffer areas between existing extractive industries and sensitive land uses
should be determined on the following principles:
 The buffer areas are determined so that appropriate limits on effects can be met at the
sensitive locations using practical and readily available technology.
 The required buffers are taken into consideration if a change of land use in the vicinity
of the extractive industry is proposed.
 Land within the buffer areas may be used for purposes that are not adversely affected by
the extractive industry.

17.09-3 Geographic strategies


19/01/2006
VC37
The long term protection of stone resources in Victoria is to be generally in accordance
with:
 Provisions and recommendations expressed in Extractive Industry Interest Area,
Melbourne Supply Area – Extractive Industry Interest Area Review, Geological Survey
of Victoria, Technical Record 2003/2 (Department of Primary Industries 2003) for stone
resources in the Melbourne Supply Area.
 The concept of the Extractive Industry Interest Areas expressed in Extractive Industry
Interest Areas, Melbourne Supply Area Geological Survey of Victoria, Technical
Record 1996/1 (Department of Natural Resources and Environment 1996) for the
remainder of Victoria. Extractive Industry Interest Areas have been defined for the
Ballarat, Bendigo, Geelong and Latrobe Supply Areas.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 17 PAGE 6 OF 7


17.10 Apiculture
19/01/2006
VC37

17.10-1 Objective
19/01/2006
VC37
To facilitate the use of land for apiculture including the proper location and management of
bee hives for the production of honey and other apiary products and for the pollination of
crops, and to ensure that the location and density of bee hives have a minimal impact on
people.

17.10-2 General implementation


19/01/2006
VC37
In considering a proposal for apiculture, responsible authorities should have regard to the
Apiary Code of Practice, May 1997 and any relevant scientific reports.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 17 PAGE 7 OF 7


18 INFRASTRUCTURE
18/06/2010
VC62

18.01 Declared highways, railways and tramways


18/06/2010
VC62

18.01-1 Objective
19/01/2006
VC37
To integrate land use and transport planning around existing and planned declared
highways, railways, principal bus routes and tram lines.

18.01-2 General implementation


18/06/2010
VC62
Transport routes should be located to achieve the greatest overall benefit to the community
and with regard to making the best use of existing social, cultural and economic
infrastructure, minimising impacts on the environment and optimising accessibility, safety,
emergency access, service and amenity.
New transport routes and adjoining land uses should be located and designed to minimise
disruption of residential communities and their amenity.
New uses or development of land near an existing or proposed transport route should be
planned or regulated to avoid detriment to, and where possible enhance, the service, safety
and amenity desirable for that transport route in the short and long terms.
Higher land use densities and mixed use developments should be encouraged near railway
stations, major bus terminals, transport interchanges, tramways and principal bus routes.
Pedestrian and cyclist access to public transport should be facilitated and safeguarded.
The design of transport routes and nearby areas should be planned and regulated to achieve
visual standards appropriate to the importance of the route with particular reference to
landscaping, the control of outdoor advertising and, where appropriate, the provision of
buffer zones and resting places.
The design of transport routes must provide for grade separation at railway crossings except
with the approval of the Minister for Transport.

18.01-3 Geographic strategies


19/01/2006
VC37
Planning and responsible authorities should have regard to any relevant highway strategy
published by VicRoads when preparing planning scheme amendments or considering
permit applications for the location of transport routes or developments that are in
proximity to major transport routes.

18.02 Car parking and public transport access to development


15/09/2008
VC49

18.02-1 Objective
19/01/2006
VC37
To ensure access is provided to developments in accordance with forecast demand taking
advantage of all available modes of transport and to minimise impact on existing transport
networks and the amenity of surrounding areas.

18.02-2 General implementation


15/09/2008
VC49
Consideration should be given to all modes of travel, including walking, cycling, public
transport, taxis and private vehicles (passenger and freight) in providing for access to new
developments.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 18 PAGE 1 OF 8


Public transport services and infrastructure should be integrated into new development
having regard to the Public Transport Guidelines for Land Use and Development
(Department of Transport 2008). In allocating or requiring land to be set aside for car
parking, planning and responsible authorities should:
ƒ Have regard to the existing and potential modes of access including public transport, the
demand for off-street car parking, road capacity and the potential for demand
management of car parking.
ƒ Encourage the efficient provision of car parking through the consolidation of car
parking facilities.
Planning and responsible authorities should prepare or require parking precinct plans for
the design and location of local car parking to:
ƒ Protect the role and function of nearby roads, enable easy and efficient use and the
movement and delivery of goods.
ƒ Achieve a high standard of urban design and protect the amenity of the locality,
including the amenity of pedestrians and other road users.
ƒ Create a safe environment for users, particularly at night.
ƒ Facilitate the use of public transport.
The amenity of residential precincts should be protected from the effects of road congestion
created by on-street parking.
Adequate provision for taxi ranks should be planned as part of activity centres, transport
interchanges and major commercial, retail and community facilities.

18.02-3 Geographic strategies


19/01/2006
VC37
In the City of Melbourne, on-site car parking in the CBD and Southbank is to be limited in
view of limited road capacity, good access to public transport and the need to preserve
pedestrian amenity.

18.03 Bicycle transport


18/06/2010
VC62

18.03-1 Objective
19/01/2006
VC37
To integrate planning for bicycle travel with land use and development planning and
encourage cycling as an alternative mode of travel.

18.03-2 General implementation


18/06/2010
VC62
Direct and connected bicycle infrastructure should be provided to and between key
destinations including activity centres, public transport nodes and major attractions.
Cycling infrastructure (on-road bicycle lanes and off-road bicycle paths) should be planned
to:
• Separate cyclists from other road users, particularly motor vehicles, and
• Provide the most direct route practical.
Responsible authorities should require that adequate bicycle parking and related facilities to
meet demand be provided at education, recreation, shopping and community facilities and
other major attractions.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 18 PAGE 2 OF 8


18.03-3 Geographic strategies
18/06/2010
VC62
Planning and responsible authorities should have regard to Victorian Cycling Strategy
(State of Victoria 2009) in their decision-making affecting bicycle plans, including the
location of routes.

18.04 Airfields
19/01/2006
VC37

18.04-1 Objective
19/01/2006
VC37
To facilitate the siting of airfields and extensions to airfields, restrict incompatible land use
and development in the vicinity of airfields, and recognise and strengthen the role of
airfields as focal points within the State's economic and transport infrastructure.
18.04-2 General implementation
19/01/2006
VC37
New airfields should not be located in areas which have greater long-term value to the
community for other purposes.
The location of airfields, existing and potential development nearby, and the land-based
transport system required to serve them should be planned as an integrated operation.
The visual amenity and impact of any use or development of land on the approaches to an
airfield should be planned to be consistent with the status of the airfield.
Planning for areas around all airfields should:
ƒ Preclude any new use or development which could prejudice the safety or efficiency of
an airfield.
ƒ Take into account the detrimental effects of aircraft operations (such as noise) in
regulating and restricting the use and development of affected land.
ƒ Preclude any new use or development which could prejudice future extensions to an
existing airfield or aeronautical operations in accordance with an approved strategy or
master plan for that airfield.

18.04-3 Geographic strategies


14/05/2007
VC30

Melbourne Airport

Planning for areas around Melbourne Airport should:


ƒ Strengthen the role of Melbourne Airport as a key focal point within the State's
economic and transport infrastructure.
ƒ Ensure the effective and competitive operation of Melbourne Airport at both national
and international levels.
ƒ Ensure any new use or development does not prejudice the optimum usage of
Melbourne Airport.
ƒ Ensure any new use or development does not prejudice the curfew-free operation of
Melbourne Airport.
Planning and responsible authorities must have regard to the Melbourne Airport Master
Plan (Australia Pacific Airports (Melbourne) Pty Ltd, September 2003), the Melbourne
Airport Strategy (Government of Victoria/Federal Airports Corporation, approved 1990)
and its associated Final Environmental Impact Statement in relation to planning decisions
affecting land in the vicinity of the Melbourne Airport. In making decisions, reference
should be made to the Melbourne Airport Ultimate Capacity (2003) Australian Noise

STATE PLANNING POLICY FRAMEWORK - CLAUSE 18 PAGE 3 OF 8


Exposure Forecast (ANEF) endorsed for technical accuracy by the Manager, Environment
Monitoring Section, Air Services Australia, Canberra on 9 July 2003.
Avalon Airport

Planning and responsible authorities should have regard to the Avalon Airport Strategy
(Department of Business and Employment/AeroSpace Technologies of Australia 1993) and
its associated Aircraft Noise Exposure Concepts.

18.05 Ports
19/01/2006
VC37

18.05-1 Objective
19/01/2006
VC37
To recognise the importance to Victoria of economically sustainable major ports
(Melbourne, Geelong, Portland, Hastings) by planning for appropriate access, terminal
areas and depot areas.
To plan the land resources adjacent to ports to facilitate the efficient operation of the port
and port-related uses and minimise adverse impacts on surrounding urban development and
the environment.

18.05-2 General implementation


19/01/2006
VC37
The land resources adjacent to ports should be protected to preserve their value for uses
which depend upon or gain significant economic advantage from proximity to the ports’
particular shipping operations.
Port and industrial development should be physically separated from sensitive urban
development by the establishment of appropriate buffers which reduce the impact of
vibration, intrusive lighting, noise and air emissions from port activities.
Planning for the use of land adjacent to ports should aim to achieve and maintain a high
standard of environmental quality, be integrated with policies for the protection of the
environment generally and of marine environments in particular and take into account
planning for adjacent areas and the relevant catchment.

18.05-3 Geographic strategies


19/01/2006
VC37
Planning for land-based port and port-related facilities adjacent to the deep channel in the
North Arm of Western Port Bay (the mainland between Hann's Inlet and Watson's Inlet and
to the east of the Tyabb Fault and the Clyde Monocline) should have regard to Statement of
Planning Policy No 1 - Western Port (1970-varied 1976).
Planning for the future development of the Hastings port industrial area is to be undertaken
in accordance with the Hastings Port Industrial Area Land Use Structure Plan (Department
of Planning and Development 1996).

18.06 Health facilities


19/01/2006
VC37

18.06-1 Objective
19/01/2006
VC37
To assist the integration of health facilities with local and regional communities.

18.06-2 General implementation


19/01/2006
VC37
Planning and responsible authorities should facilitate the location of health-related facilities
(including acute health, aged care, disability services and community care facilities) with

STATE PLANNING POLICY FRAMEWORK - CLAUSE 18 PAGE 4 OF 8


consideration given to demographic trends, the existing and future demand requirements
and the integration of services into communities.
Consideration should be given to planning public and private developments together and to
including some degree of flexibility in use.
Hospitals and other large health service facilities should be located in areas highly
accessible to public and private transport.
Adequate car parking facilities should be provided for staff and visitors.

18.07 Education facilities


18/06/2010
VC62

18.07-1 Objective
19/01/2006
VC37 To assist the integration of education facilities with local and regional communities.

18.07-2 General implementation


18/06/2010
VC62
Secondary and tertiary education facilities should be located in areas which are highly
accessible to public transport. Primary education facilities should be located to maximise
access by walking and cycling.
Tertiary education facilities should be encouraged to locate within or adjacent to activity
centres.
In planning for the location of education facilities, planning authorities should consider
demographic trends, the existing and future demand requirements and the integration of
facilities into communities.
In planning areas near to education facilities, adjoining streets and accessways should be
designed to encourage safe bicycle and pedestrian access.

18.08 Survey infrastructure


19/01/2006
VC37

18.08-1 Objective
19/01/2006
VC37
To protect geodetic sites (survey marks) that support infrastructure projects, land
development, survey, mapping and geographical information systems.

18.08-2 General implementation


19/01/2006
VC37
Planning and responsible authorities should be aware of the location of survey marks
established by the Office of the Surveyor-General and ensure that planning decisions do not
prejudice their safekeeping.

18.09 Water supply, sewerage and drainage


19/01/2006
VC37

18.09-1 Objective
15/09/2008
VC49
To plan for the provision of water supply, sewerage and drainage services that efficiently
and effectively meet State and community needs and protect the environment.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 18 PAGE 5 OF 8


18.09-2 General implementation
15/09/2008
VC49
Planning and responsible authorities should ensure that water quality in water supply
catchments is protected from possible contamination by urban, industrial and agricultural
land uses.
Urban development must be provided with sewerage at the time of subdivision, or lots
created by the subdivision must be capable of adequately treating and retaining all domestic
wastewater within the boundaries of each lot consistent with the Guidelines for
Environmental Management - Septic Tanks Code of Practice, Publication 891 (EPA 2003)
and State environment protection policy (Waters of Victoria).
Planning and responsible authorities should ensure that:
ƒ planning for urban stormwater drainage systems considers the catchment context and is
coordinated with adjacent municipalities.
ƒ best environmental management practice is used where practicable in the design and
management of urban stormwater drainage systems, including measures to reduce peak
flows and assist screening, filtering and treatment of stormwater, to enhance flood
protection and minimise impacts on water quality in receiving waters.
ƒ drainage systems are protected where practicable from the intrusion of litter, in
accordance with strategies set out in Victoria’s Litter Reduction Strategy (EPA 1995).
The re-use of wastewater including urban run-off, treated sewage effluent and run-off from
irrigated farmland should be encouraged where appropriate, consistent with relevant
Environment Protection Authority guidelines.

18.09-3 Geographic strategies


19/01/2006
VC37
Metropolitan councils should have regard to the Litter Prevention and Control Strategy for
the Greater Melbourne Area (Waste Management Council 1995).
Planning and responsible authorities should have regard to the Urban Stormwater Best
Practice Environmental Management Guidelines (CSIRO 1999).

18.10 Waste management


15/09/2008
VC49

18.10-1 Objective
19/01/2006
VC37
To assist control of the generation, transport and disposal of wastes so as to prevent
pollution and land degradation.

18.10-2 General implementation


15/09/2008
VC49
The siting and management of waste disposal facilities must be in accordance with Waste
Management Policy (Siting, Design and Management of Landfills) and Industrial Waste
Management Policy (Prescribed Industrial Waste) and relevant regional waste management
plans.

18.10-3 Geographic strategies


19/01/2006
VC37
Planning authorities should have regard to Victoria’s Litter Reduction Strategy (EPA 1995)
and participate in the development of regional waste management plans.
Planning and responsible authorities in the metropolitan area should have regard to the
Litter Prevention and Control Strategy for the Greater Melbourne Area (Waste
Management Council, 1995).

STATE PLANNING POLICY FRAMEWORK - CLAUSE 18 PAGE 6 OF 8


18.11 High pressure pipelines
19/01/2006
VC37

18.11-1 Objective
19/01/2006
VC37
To plan for the development of pipeline infrastructure subject to the Pipelines Act 1967 to
ensure that gas, oil and other substances are safely delivered to users at minimal risk to
people and the environment.

18.11-2 General implementation


19/01/2006
VC37
Existing transmission-pressure gas pipelines should be recognised in planning schemes and
protected from further encroachment by residential development or other sensitive land
uses, unless suitable additional protection of pipelines is provided.
The siting of new pipelines should be planned along routes with adequate buffers to
residences, zoned residential land and other sensitive land uses and with minimal impacts
on waterways, wetlands, flora and fauna, erosion prone areas and other environmentally
sensitive sites.
Planning for pipeline easements should ensure appropriate provision for environmental
management during construction and on-going operation.

18.12 Developer contributions to infrastructure


17/09/2007
VC45

18.12-1 Objective
19/01/2006
VC37
To facilitate the timely provision of planned infrastructure to communities through the
preparation and implementation of development contributions plans.

18.12-2 General implementation


17/09/2007
VC45
Development Contributions Plans, prepared and approved under the Planning and
Environment Act 1987, should be used to manage contributions towards infrastructure.
Development contributions may be collected on the basis of an approved Development
Contributions Plan.
When preparing Development Contributions Plans planning authorities should have regard
to the Development Contributions Guidelines (Department of Sustainability and
Environment, June 2003 – as amended March 2007).

18.13 Telecommunications
19/01/2006
VC37

18.13-1 Objective
19/01/2006
VC37
To recognise the importance of telecommunications to all aspect of modern life and the
essential and beneficial contribution of modern telecommunications facilities to local
communities and the State and national economy.

18.13-2 General implementation


19/01/2006
VC37
Planning decisions should recognise that telecommunications is an essential utility service
and, in particular, should:
ƒ Facilitate the upgrading and maintenance of telecommunications facilities.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 18 PAGE 7 OF 8


ƒ Ensure that modern telecommunications facilities are widely accessible to business,
industry and the community.
ƒ Facilitate the orderly growth of telecommunications by recognising that new
communications technology needs to meet the continuous and growing demand for
better communications and multi-media facilities in business, domestic, entertainment
and community services.
ƒ Reflect the economic contribution of telecommunications through improvements in
business and industrial technology, rapid communication, and helping business and
industry remain competitive and provide increased employment opportunities.
Planning schemes should not prohibit the use of land for a telecommunications facility in
any zone.
Planning decisions should reflect a reasonable balance between the provision of important
telecommunications services and the need to protect the environment from adverse impacts
arising from telecommunications infrastructure.
Planning decisions should reflect the national implications of a telecommunications
network and the need for consistency in infrastructure design and placement. A Code of
Practice for Telecommunications Facilities in Victoria should be used in the consideration
of applications for the use and development of telecommunications facilities and sites.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 18 PAGE 8 OF 8


19 PARTICULAR USES AND DEVELOPMENT
15/09/2008
VC49

19.01 Subdivision
17/09/2007
VC45

19.01-1 Objective
09/10/2006
VC42
To ensure the design of subdivisions achieves attractive, livable and sustainable
neighbourhoods.
To control the subdivision and consolidation of land and the removal and variation of
easements and restrictions through planning schemes, within the framework of the Planning
and Environment Act 1987 and the Subdivision Act 1988.

19.01-2 General implementation


17/09/2007
VC45
In the development of new residential areas and in the redevelopment of existing areas,
subdivision should be designed to create livable and sustainable communities by:

 Contributing to an urban structure where networks of neighbourhoods are clustered to


support larger activity centres on the regional public transport network.
 Creating compact neighbourhoods that have walkable distances between activities and
where neighbourhood centres provide access to services and facilities to meet day to day
needs.
 Creating a range of open spaces to meet a variety of needs with links to open space
networks and regional parks where possible.
 Providing a range of lot sizes to suit a variety of dwelling and household types to meet
the needs and aspirations of different groups of people.
 Integrating housing, work, shopping, recreation and community services to provide a
mix and level of activity that attracts people, creates a safe environment, stimulates
interaction and provides a lively community focus.
 Contributing to reducing car dependence by allowing for: public transport that is easy to
use; safe and attractive spaces and networks for walking and cycling; and subdivision
layouts that allow easy movement within and between neighbourhoods.
 Contributing to environmentally sustainable development by designing energy efficient
lots, incorporating water conservation, stormwater management and waste water
treatment techniques and promoting waste reduction and reduced air pollution.
 Contributing to an attractive built environment by creating neighbourhoods that
emphasise existing cultural heritage values, well designed built form and landscape
character.
 Protecting and enhancing native habitat and discouraging the spread and planting of
noxious weeds.
 Being accessible to people with disabilities.
Planning schemes should enable:

 Referral of applications for subdivision and plans of subdivision to relevant statutory


authorities and relevant Government agencies responsible for water, sewerage, drainage,
electricity, gas and telecommunications services, the management of water supply and
drainage catchments, the management of fire risk areas, the allocation of water rights or
access to a freeway, highway, main road, tourist road or forest road.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 19 PAGE 1 OF 4


 The placing of open space requirements on development proposals.
 The removal or variation of easements and restrictions to enable use or development that
complies with planning schemes after the interests of affected people are considered.
 The adjustment of boundaries to comply with other legislation.

19.02 [no content]


18/10/2006
VC39

19.03 Design and built form


19/01/2006
VC37

19.03-1 Objective
19/01/2006
VC37
To achieve high quality urban design and architecture that:

 Reflects the particular characteristics, aspirations and cultural identity of the community.
 Enhances livability, diversity, amenity and safety of the public realm.
 Promotes attractiveness of towns and cities within broader strategic contexts.

19.03-2 General Implementation


19/01/2006
VC37
Development should achieve architectural and urban design outcomes that contribute
positively to local urban character and enhance the public realm while minimising
detrimental impact on neighbouring properties.
Responsible authorities should require that all permit applications for:

 Non-residential development include a site analysis and descriptive statement explaining


how the proposed development responds to the site and its context.
 Residential development other than residential development of four or more storeys or
which is not covered by Clause 54, Clause 55 or Clause 56 include a site analysis and
descriptive statement explaining how the proposed development responds to the site and
its context.
 Residential development of four or more storeys include an urban context report and
design response explaining how the design responds to the existing urban context and
preferred future development of the area.
For development proposals for non-residential development or residential development not
covered by Clause 54, Clause 55 or Clause 56, planning and responsible authorities must
have regard to the following design principles:

Context

 Development must take into account the natural, cultural and strategic context of its
location.
 A comprehensive site analysis should be the starting point of the design process and
form the basis for consideration of height, scale and massing of new development.

The public realm

 The public realm, which includes main pedestrian spaces, streets, squares, parks and
walkways, should be protected and enhanced.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 19 PAGE 2 OF 4


Safety

 New development should create urban environments that enhance personal safety and
property security and where people feel safe to live, work and move in at any time.

Landmarks, views and vistas

 Landmarks, views and vistas should be protected and enhanced or, where appropriate,
created by new additions to the built environment.

Pedestrian spaces

 Design of the relationship between buildings and footpaths and other pedestrian spaces,
including the arrangement of adjoining activities, entrances, windows, and architectural
decoration, should enhance the visual and social experience of the observer.

Heritage

 New development should respect, but not simply copy, historic precedents and create a
worthy legacy for future generations.

Consolidation of sites and empty sites

 New development should contribute to the “complexity” and diversity of the built
environment.
 Site consolidation should not result in street frontages that are out of keeping with the
“complexity” and “rhythm” of existing streetscapes.
 The development process should be managed so that sites are not in an unattractive,
neglected state for excessive periods and the impacts from vacant sites are minimised.

Light and shade

 Enjoyment of the public realm should be enhanced by a desirable balance of sunlight


and shade.
 This balance should not be compromised by undesirable overshadowing or exposure to
the sun.

Energy and resource efficiency

 All building, subdivision and engineering works should promote more efficient use of
resources and energy efficiency.

Architectural quality

 New development should aspire to the high standards in architecture and urban design.
 Any rooftop plant, lift over-runs, service entries, communication devices, and other
technical attachment should be treated as part of the overall design.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 19 PAGE 3 OF 4


Landscape architecture

 Recognition should be given to the setting in which buildings are designed and the
integrating role of landscape architecture.
Planning authorities should emphasise urban design policies and frameworks for key
locations or precincts.

19.03-3 Geographic strategies


19/01/2006
VC37
Planning and responsible authorities should have regard to the following documents:

 Design Guidelines for Higher Density Residential Development (Department of


Sustainability and Environment 2004) in assessing the design and built form of
residential development of four or more storeys.
 Activity Centre Design Guidelines (Department of Sustainability and Environment
2005) in preparing activity centre structure plans and in assessing the design and built
form of new development in activity centres.
 Safer Design Guidelines for Victoria (Crime Prevention Victoria and Department of
Sustainability and Environment 2005) in assessing the design and built form of new
development.

19.04 Brothels
15/09/2008
VC49

19.04-1 Objective
19/01/2006
VC37
To provide consistent planning controls for the establishment and expansion of brothels
throughout Victoria coordinated with the provisions of the Prostitution Control Act 1994.

19.04-2 General implementation


15/09/2008
VC49
Responsible authorities should consider the matters set out in section 73 of the Prostitution
Control Act 1994 before deciding an application to use or develop land for a brothel.

Responsible authorities should refuse a permit to use or develop land for a brothel in
accordance with the restrictions contained in section 74 of the Prostitution Control Act
1994, unless section 76(2) of that Act applies.
If the effect of:

 A request to amend a permit in accordance with section 87 or section 87A of the Act, or
 An application to amend a permit in accordance with Part 4 Division 1A of the Act, or
 A request to amend plans, drawings or other documents under a permit in accordance
with:
 section 216 of the Act, or
 any condition in a planning permit which allows such an amendment
is to expand or extend the use or development of a brothel, the application or request should
be determined as if it were an application for a permit for use or development of land for the
purposes of the operation of a brothel in accordance with Part 4 of the Prostitution Control
Act 1994.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 19 PAGE 4 OF 4


Local
Planning
Policy
Framework
Zones
20 OPERATION OF THE LOCAL PLANNING POLICY FRAMEWORK
19/01/2006
VC37
This section sets out the Municipal Strategic Statement and the Local Planning Policies that
apply to the area covered by this scheme.

20.01 Operation of the Municipal Strategic Statement


19/01/2006
VC37
The Municipal Strategic Statement (MSS) is a concise statement of the key strategic
planning, land use and development objectives for the municipality and the strategies and
actions for achieving the objectives. It furthers the objectives of planning in Victoria to the
extent that the State Planning Policy Framework is applicable to the municipality and local
issues. It provides the strategic basis for the application of the zones, overlays and
particular provisions in the planning scheme and decision making by the responsible
authority.
The MSS provides an opportunity for an integrated approach to planning across all areas of
council and should clearly express links to the corporate plan. The MSS is dynamic and
enables community involvement in its ongoing review. The MSS will be built upon as
responsible authorities develop and refine their strategic directions in response to the
changing needs of the community.
When preparing amendments to this scheme and before making decisions about permit
applications, planning and responsible authorities must take the MSS into account.

20.02 Operation of the Local Planning Policies


19/01/2006
VC37
Local Planning Policies are tools used to implement the objectives and strategies of the
Municipal Strategic Statement.
A Local Planning Policy (LPP) is a policy statement of intent or expectation. It states what
the responsible authority will do in specified circumstances or the responsible authority’s
expectation of what should happen. The LPP gives the responsible authority an
opportunity to state its view of a planning issue and its intentions for an area. An LPP
provides guidance to decision making on a day to day basis. It can help the community to
understand how the responsible authority will consider a proposal. The consistent
application of policy over time should achieve a desired outcome.
When preparing amendments to this scheme and before making decisions about permit
applications, planning and responsible authorities must take the LPPs into account.

OPERATION OF THE LOCAL PLANNING POLICY FRAMEWORK PAGE 1 OF 1


Overlays
Zones
30 ZONES
19/01/2006
VC37
This section sets out the zones which apply in this scheme.

ZONES – CLAUSE 30 PAGE 1 OF 1


31 OPERATION OF ZONES
19/01/2006
VC37
In each zone and schedule to a zone which contains a table of uses, the controls over the
use of land are divided into three sections.

OPERATION OF ZONES PAGE 1 OF 1


31.01 Section 1 Uses
19/01/2006
VC37
A use in Section 1 does not require a permit. Any condition opposite the use must be met.
If the condition is not met, the use is in Section 2 and requires a permit unless the use is
specifically included in Section 3 as a use that does not meet the Section 1 condition.

31.02 Section 2 Uses


19/01/2006
VC37
A use in Section 2 requires a permit. Any condition opposite the use must be met. If the
condition is not met, the use is prohibited.

Making decisions about section 2 uses

Because a use is in Section 2 does not imply that a permit should or will be granted. The
responsible authority must decide whether the proposal will produce acceptable outcomes
in terms of the State Planning Policy Framework, the Local Planning Policy Framework,
the purpose and decision guidelines of the zone and any of the other decision guidelines in
Clause 65.

31.03 Section 3 Uses


19/01/2006
VC37
A use in Section 3 is prohibited.

SECTION USES PAGE 1 OF 1


32 RESIDENTIAL ZONES
19/01/2006
VC37

RESIDENTIAL ZONES PAGE 1 OF 1


32.01 RESIDENTIAL 1 ZONE
18/06/2010
VC62
Shown on the planning scheme map as R1Z.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To provide for residential development at a range of densities with a variety of dwellings to
meet the housing needs of all households.
To encourage residential development that respects the neighbourhood character.
In appropriate locations, to allow educational, recreational, religious, community and a
limited range of other non-residential uses to serve local community needs.

32.01-1 Table of uses


18/06/2010
VC62
Section 1 - Permit not required

USE CONDITION
Animal keeping (other than Animal Must be no more than 2 animals.
boarding)
Apiculture Must meet the requirements of the Apiary
Code of Practice, May 1997.
Bed and breakfast No more than 6 persons may be
accommodated away from their normal
place of residence.
At least 1 car parking space must be
provided for each 2 persons able to be
accommodated away from their normal
place of residence.
Carnival Must meet the requirements of A ‘Good
Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.
Circus Must meet the requirements of A ‘Good
Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.
Dependent person's unit Must be the only dependent person's unit
on the lot.
Dwelling (other than Bed and breakfast)
Greenhouse gas sequestration Must meet the requirements of Clause
52.08-6.
Greenhouse gas sequestration
exploration
Home occupation
Informal outdoor recreation
Mineral exploration
Mining Must meet the requirements of Clause
52.08-2.
Minor utility installation
Natural systems

RESIDENTIAL 1 ZONE PAGE 1 OF 6


USE CONDITION
Place of worship Must be no social or recreation activities.
The gross floor area of all buildings must
not exceed 180 square metres.
The site must not exceed 1200 square
metres.
The site must adjoin, or have access to, a
road in a Road Zone.
Railway
Residential aged care facility
Road
Search for stone Must not be costeaning or bulk sampling.
Telecommunications facility Buildings and works must meet the
requirements of Clause 52.19.
Tramway

Section 2 - Permit required

USE CONDITION
Accommodation (other than Dependent
person's unit, Dwelling and Residential
aged care facility)
Agriculture (other than Animal keeping,
Animal training, Apiculture, Horse
stables, and Intensive animal husbandry)

Animal keeping (other than Must be no more than 5 animals.


Animal boarding) – if the Section 1
condition is not met

Car park Must be used in conjunction with another


use in Section 1 or 2.
Car wash The site must adjoin, or have access to, a
road in a Road Zone.
Community market

Convenience restaurant The site must adjoin, or have access to, a


road in a Road Zone.
Convenience shop The leasable floor area must not exceed 80
square metres.
Food and drink premises (other than
Convenience restaurant and Take away
food premises)
Leisure and recreation (other than
Informal outdoor recreation and Motor
racing track)
Medical centre
Mineral, stone, or soil extraction (other
than Extractive industry, Mineral
exploration, Mining, and Search for
stone)

RESIDENTIAL 1 ZONE PAGE 2 OF 6


USE CONDITION
Place of assembly (other than Amusement
parlour, Carnival, Circus, Nightclub, and
Place of worship)
Plant nursery
Service station The site must either:
 Adjoin a business zone or industrial
zone.
 Adjoin, or have access to, a road in a
Road Zone.
The site must not exceed either:
 3000 square metres.
 3600 square metres if it adjoins on two
boundaries a road in a Road Zone.
Store Must be in a building, not a dwelling, and
used to store equipment, goods, or motor
vehicles used in conjunction with the
occupation of a resident of a dwelling on the
lot.
Take away food premises The site must adjoin, or have access to, a
road in a Road Zone.
Utility installation (other than Minor utility
installation and Telecommunications
facility)
Any other use not in Section 1 or 3

Section 3 - Prohibited
USE

Amusement parlour
Animal boarding
Animal training
Brothel
Cinema based entertainment facility
Extractive industry
Horse stables
Industry (other than Car wash)
Intensive animal husbandry
Motor racing track
Nightclub
Office (other than Medical centre)
Retail premises (other than Community market, Convenience shop, Food and drink
premises, and Plant nursery)
Saleyard
Transport terminal
Warehouse (other than Store)

RESIDENTIAL 1 ZONE PAGE 3 OF 6


32.01-2 Subdivision
09/10/2006
VC42

Permit requirement

A permit is required to subdivide land.


An application to subdivide land, other than an application to subdivide land into lots each
containing an existing dwelling or car parking space, must meet the requirements of Clause
56 and:
 Must meet all of the objectives included in the clauses specified in the following table.
 Should meet all of the standards included in the clauses specified in the following table.
CLASS OF SUBDIVISION OBJECTIVES AND STANDARDS TO BE MET

60 or more lots All except Clause 56.03-5.

16 – 59 lots All except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1 and


56.06-3.

3 – 15 lots All except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.05-2,


56.06-1, 56.06-3 and 56.06-6.

2 lots Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to


56.09-2.

Exemption from notice and review

An application to subdivide land into lots each containing an existing dwelling or car
parking space is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of
the Act.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The objectives and standards of Clause 56.

32.01-3 Construction and extension of one dwelling on a lot


15/09/2008
VC49

Permit requirement

A permit is required to construct or extend one dwelling on:


 A lot of less than 300 square metres.
 A lot of between 300 square metres and 500 square metres if specified in the schedule to
this zone.

A permit is required to construct or extend a front fence within 3 metres of a street if:
 The fence is associated with one dwelling on:
 A lot of less than 300 square metres, or

RESIDENTIAL 1 ZONE PAGE 4 OF 6


 A lot of between 300 and 500 square metres if specified in a schedule to this zone,
and
 The fence exceeds the maximum height specified in Clause 54.06-2.
A development must meet the requirements of Clause 54.

No permit required

No permit is required to:


 Construct or carry out works normal to a dwelling.
 Construct or extend an out-building (other than a garage or carport) on a lot provided
the gross floor area of the out-building does not exceed 10 square metres and the
maximum building height is not more than 3 metres above ground level.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The objectives, standards and decision guidelines of Clause 54.

32.01-4 Construction and extension of two or more dwellings on a lot, dwellings on


15/09/2008 common property and residential buildings
VC49

Permit requirement

A permit is required to:


 Construct a dwelling if there is at least one dwelling existing on the lot.
 Construct two or more dwellings on a lot.
 Extend a dwelling if there are two or more dwellings on the lot.
 Construct or extend a dwelling if it is on common property.
 Construct or extend a residential building.
A permit is required to construct or extend a front fence within 3 metres of a street if:
 The fence is associated with 2 or more dwellings on a lot or a residential building, and
 The fence exceeds the maximum height specified in Clause 55.06-2.
A development must meet the requirements of Clause 55. This does not apply to a
development of four or more storeys, excluding a basement.
A permit is not required to construct one dependent person’s unit on a lot.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The objectives, standards and decision guidelines of Clause 55.

RESIDENTIAL 1 ZONE PAGE 5 OF 6


32.01-5 Requirements of Clause 54 and Clause 55
19/01/2006
VC37
The schedule to this zone may specify the requirements of:
 Standards A3, A4, A5, A10, A17 and A20 of Clause 54 of this scheme.
 Standards B6, B7, B8, B17, B28 and B32 of Clause 55 of this scheme.
If a requirement is not specified in the schedule to this zone, the requirement set out in the
relevant standard of Clause 54 or Clause 55 applies.

32.01-6 Buildings and works associated with a Section 2 use


19/01/2006
VC37
A permit is required to construct a building or construct or carry out works for a use in
Section 2 of Clause 32.01-1.

32.01-7 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is in Category 3.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

RESIDENTIAL 1 ZONE PAGE 6 OF 6


32.02 RESIDENTIAL 2 ZONE
18/06/2010
VC62
Shown on the planning scheme map as R2Z.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To encourage residential development at medium or higher densities to make optimum use
of the facilities and services available.
To encourage residential development that respects the neighbourhood character.
In appropriate locations, to allow educational, recreational, religious, community and a
limited range of other non-residential uses to serve local community needs.

32.02-1 Table of uses


18/06/2010
VC62

Section 1 - Permit not required


USE CONDITION
Animal keeping (other than Animal Must be no more than 2 animals.
boarding)

Apiculture Must meet the requirements of the Apiary


Code of Practice, May 1997.
Bed and breakfast No more than 6 persons may be
accommodated away from their normal
place of residence.
At least 1 car parking space must be
provided for each 2 persons able to be
accommodated away from their normal
place of residence.

Carnival Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Circus Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Dependent person's unit Must be the only dependent person's unit on


the lot.

Dwelling (other than Bed and breakfast)


Greenhouse gas sequestration Must meet the requirements of Clause
52.08-6.
Greenhouse gas sequestration exploration
Home occupation
Informal outdoor recreation
Mineral exploration

Mining Must meet the requirements of Clause


52.08-2.

RESIDENTIAL 2 ZONE PAGE 1 OF 6


USE CONDITION
Minor utility installation
Natural systems

Place of worship Must be no social or recreation activities.


The gross floor area of all buildings must not
exceed 180 square metres.
The site must not exceed 1200 square
metres.
The site must adjoin, or have access to, a
road in a Road Zone.

Railway
Residential aged care facility
Road

Search for stone Must not be costeaning or bulk sampling.

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19.

Tramway

Section 2 - Permit required


USE CONDITION
Accommodation (other than Dependent
person's unit, Dwelling and Residential
aged care facility)
Agriculture (other than Animal keeping,
Animal training, Apiculture, Horse
stables, and Intensive animal husbandry)

Animal keeping (other than Animal Must be no more than 5 animals.


boarding) – if the Section 1 condition is
not met

Car park Must be used in conjunction with another


use in Section 1 or 2.

Car wash The site must adjoin, or have access to, a


road in a Road Zone.

Community market

Convenience restaurant The site must adjoin, or have access to, a


road in a Road Zone.

Convenience shop The leasable floor area must not exceed 80


square metres.
Food and drink premises (other than
Convenience restaurant and Take away
food premises)
Leisure and recreation (other than Informal
outdoor recreation and Motor racing
track)
Medical centre
Mineral, stone, or soil extraction (other
than Extractive industry, Mineral

RESIDENTIAL 2 ZONE PAGE 2 OF 6


USE CONDITION
exploration, Mining, and Search for
stone)
Place of assembly (other than Amusement
parlour, Carnival, Circus, Nightclub, and
Place of worship)
Plant nursery

Service station The site must either:


• Adjoin a business zone or industrial
zone.
• Adjoin, or have access to, a road in a
Road Zone.
The site must not exceed either:
• 3000 square metres.
• 3600 square metres if it adjoins on two
boundaries a road in a Road Zone.
Store Must be in a building, not a dwelling, and
used to store equipment, goods, or motor
vehicles used in conjunction with the
occupation of a resident of a dwelling on the
lot.

Take away food premises The site must adjoin, or have access to, a
road in a Road Zone.

Utility installation (other than Minor utility


installation and Telecommunications
facility)

Any other use not in Section 1 or 3

Section 3 - Prohibited
USE

Amusement parlour
Animal boarding
Animal training
Brothel
Cinema based entertainment facility
Extractive industry
Horse stables
Industry (other than Car wash)
Intensive animal husbandry
Motor racing track
Nightclub
Office (other than Medical centre)
Retail premises (other than Community market, Convenience shop, Food and drink
premises, and Plant nursery)
Saleyard
Transport terminal
Warehouse (other than Store)

RESIDENTIAL 2 ZONE PAGE 3 OF 6


32.02-2 Subdivision
09/10/2006
VC42
Permit requirement

A permit is required to subdivide land.


An application to subdivide land, other than an application to subdivide land into lots each
containing an existing dwelling or car parking space, must meet the requirements of Clause
56 and:
ƒ Must meet all of the objectives included in the clauses specified in the following table.
ƒ Should meet all of the standards included in the clauses specified in the following table.

CLASS OF SUBDIVISION OBJECTIVES AND STANDARDS TO BE MET

60 or more lots All except Clause 56.03-5.

16 – 59 lots All except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1 and


56.06-3.

3 – 15 lots All except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.05-2,


56.06-1, 56.06-3 and 56.06-6.

2 lots Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to


56.09-2.

Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1)
of the Act.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The objectives and standards of Clause 56.

32.02-3 Construction and extension of one dwelling on a lot


15/09/2008
VC49

Permit requirement

A permit is required to construct or extend one dwelling on:


ƒ A lot of less than 300 square metres.
ƒ A lot of between 300 square metres and 500 square metres if specified in the schedule
to this zone.
A permit is required to construct or extend a front fence within 3 metres of a street if:
ƒ The fence is associated with one dwelling on:
‚ A lot of less than 300 square metres, or

RESIDENTIAL 2 ZONE PAGE 4 OF 6


‚ A lot of between 300 and 500 square metres if specified in a schedule to this zone,
and
ƒ The fence exceeds the maximum height specified in Clause 54.06-2.
A development must meet the requirements of Clause 54.

No permit required

No permit is required to:


ƒ Construct or carry out works normal to a dwelling.
ƒ Construct or extend an out-building (other than a garage or carport) on a lot provided
the gross floor area of the out-building does not exceed 10 square metres and the
maximum building height is not more than 3 metres above ground level.

Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1)
of the Act.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The objectives, standards and decision guidelines of Clause 54.

32.02-4 Construction and extension of two or more dwellings on a lot, dwellings on


15/09/2008 common property and residential buildings
VC49

Permit requirement

A permit is required to:


ƒ Construct a dwelling if there is at least one dwelling existing on the lot.
ƒ Construct two or more dwellings on a lot.
ƒ Extend a dwelling if there are two or more dwellings on the lot.
ƒ Construct or extend a dwelling if it is on common property.
ƒ Construct or extend a residential building.
A permit is required to construct or extend a front fence within 3 metres of a street if:
ƒ The fence is associated with 2 or more dwellings on a lot or a residential building, and
ƒ The fence exceeds the maximum height specified in Clause 55.06-2.
A development must meet the requirements of Clause 55. This does not apply to a
development of four or more storeys, excluding a basement.
A permit is not required to construct one dependent person’s unit on a lot.

RESIDENTIAL 2 ZONE PAGE 5 OF 6


Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1)
of the Act.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The objectives, standards and decision guidelines of Clause 55.

32.02-5 Requirements of Clause 54 and Clause 55


19/01/2006
VC37
The schedule to this zone may specify the requirements of:
ƒ Standards A3, A4, A5, A10, A17 and A20 of Clause 54 of this scheme.
ƒ Standards B6, B7, B8, B17, B28 and B32 of Clause 55 of this scheme.
If a requirement is not specified in the schedule to this zone, the requirement set out in the
relevant standard of Clause 54 or Clause 55 applies.

32.02-6 Buildings and works associated with a Section 2 use


19/01/2006
VC37
A permit is required to construct a building or construct or carry out works for a use in
Section 2 of Clause 32.02-1.

32.02-7 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is in Category 3.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

RESIDENTIAL 2 ZONE PAGE 6 OF 6


32.03 LOW DENSITY RESIDENTIAL ZONE
18/06/2010
VC62
Shown on the planning scheme map as LDRZ with a number (if shown).

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To provide for low-density residential development on lots which, in the absence of
reticulated sewerage, can treat and retain all wastewater.

32.03-1 Table of uses


18/06/2010
VC62
Section 1 - Permit not required
USE CONDITION

Animal keeping (other than Animal Must be no more than 2 animals.


boarding)

Apiculture Must meet the requirements of the Apiary


Code of Practice, May 1997.
Bed and breakfast No more than 6 persons may be
accommodated away from their normal place
of residence.
At least 1 car parking space must be provided
for each 2 persons able to be accommodated
away from their normal place of residence.

Carnival Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.
Circus Must meet the requirements of A ‘Good
Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.
Dependent person's unit Must be the only dependent person's unit on
the lot.
Must meet the requirements of Clause 32.03-
2.

Dwelling (other than Bed and breakfast) Must be the only dwelling on the lot.
Must meet the requirements of Clause 32.03-
2.

Greenhouse gas sequestration Must meet the requirements of Clause


52.08-6.
Greenhouse gas sequestration exploration
Home occupation
Informal outdoor recreation
Mineral exploration

Mining Must meet the requirements of Clause 52.08-


2.
Minor utility installation
Natural systems
Railway

LOW DENSITY RESIDENTIAL ZONE PAGE 1 OF 5


USE CONDITION
Road

Search for stone Must not be costeaning or bulk sampling.

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19.

Tramway

Section 2 - Permit required


USE CONDITION

Accommodation (other than Dependent


person's unit and Dwelling)
Agriculture (other than Animal keeping,
Apiculture and Intensive animal
husbandry)

Animal boarding

Animal keeping (other than Animal Must be no more than 5 animals.


boarding) – if the Section 1 condition is
not met

Car park Must be used in conjunction with another use


in Section 1 or 2.

Car wash The site must adjoin, or have access to, a


road in a Road Zone.

Community market

Convenience restaurant The site must adjoin, or have access to, a


road in a Road Zone.

Convenience shop The leasable floor area must not exceed 80


square metres.

Dependent person’s unit – if the Section 1 Must meet the requirements of Clause 32.03-
condition is not met 2.

Dwelling (other than Bed and breakfast) - Must result in no more than two dwellings on
if the Section 1 condition is not met the lot.
Must meet the requirements of Clause 32.03-
2.

Food and drink premises (other than


Convenience restaurant and Take away
food premises)
Leisure and recreation (other than Informal
outdoor recreation and Motor racing
track)
Medical centre
Mineral, stone, or soil extraction (other
than Extractive industry, Mineral
exploration, Mining, and Search for
stone)
Place of assembly (other than Amusement
parlour, Carnival, Circus, and Nightclub)
Plant nursery

LOW DENSITY RESIDENTIAL ZONE PAGE 2 OF 5


USE CONDITION

Service station The site must either:


 Adjoin a business zone or industrial zone.
 Adjoin, or have access to, a road in a
Road Zone.
The site must not exceed either:
 3000 square metres.
 3600 square metres if it adjoins on two
boundaries a road in a Road Zone.
Store Must be in a building, not a dwelling, and
used to store equipment, goods, or motor
vehicles used in conjunction with the
occupation of a resident of a dwelling on the
lot.

Take away food premises The site must adjoin, or have access to, a
road in a Road Zone.

Utility installation (other than Minor utility


installation and Telecommunications
facility)

Any other use not in Section 1 or 3

Section 3 – Prohibited
USE

Amusement parlour

Brothel

Cinema based entertainment facility

Extractive industry

Industry (other than Car wash)

Intensive animal husbandry

Motor racing track

Nightclub

Office (other than Medical centre)

Retail premises (other than Community market, Convenience shop, Food and drink
premises, and Plant nursery)

Saleyard

Transport terminal

Warehouse (other than Store)

32.03-2
19/01/2006 Use for one or two dwellings or a dependent person’s unit
VC37

A lot may be used for one or two dwellings provided the following requirements are met:

 Each dwelling must be connected to reticulated sewerage, if available. If reticulated


sewerage is not available, all wastewater from each dwelling must be treated and

LOW DENSITY RESIDENTIAL ZONE PAGE 3 OF 5


retained within the lot in accordance with the State Environment Protection Policy
(Waters of Victoria) under the Environment Protection Act 1970.

 Each dwelling must be connected to a reticulated potable water supply or have an


alternative potable water supply, with appropriate storage capacity, to the satisfaction of
the responsible authority.

 Each dwelling must be connected to a reticulated electricity supply or have an


alternative energy supply to the satisfaction of the responsible authority.
These requirements also apply to a dependent person’s unit.

32.03-3 Subdivision
09/10/2006
VC42

Permit requirement

A permit is required to subdivide land.


Each lot must be at least the area specified for the land in a schedule to this zone. Any area
specified must be at least 0.4 hectare. If no area is specified, each lot must be at least 0.4
hectare.
A permit may be granted to create lots smaller than 0.4 hectare if the subdivision:

 Excises land which is required for a road or a utility installation.

 Provides for the re-subdivision of existing lots and the number of lots is not increased.

Application requirements

An application must be accompanied by a site analysis, documenting the site in terms of


land form, vegetation coverage and the relationship with surrounding land, and a report
explaining how the proposed subdivision has responded to the site analysis. The report
must:

 In the absence of reticulated sewerage, include a land assessment which demonstrates


that each lot is capable of treating and retaining all wastewater in accordance with the
State Environment Protection Policy (Waters of Victoria) under the Environment
Protection Act 1970.

 Show for each lot:

 A building envelope and driveway to the envelope.


 Existing vegetation.
 In the absence of reticulated sewerage, an effluent disposal area.
 Show how the proposed subdivision relates to the existing or likely use and
development of adjoining and nearby land.

 If a staged subdivision, show how the balance of the land may be subdivided.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.

LOW DENSITY RESIDENTIAL ZONE PAGE 4 OF 5


 The protection and enhancement of the natural environment and character of the area
including the retention of vegetation and faunal habitat and the need to plant vegetation
along waterways, gullies, ridgelines and property boundaries.

 The availability and provision of utility services, including sewerage, water, drainage,
electricity, gas and telecommunications.

 In the absence of reticulated sewerage:

 The capability of the lot to treat and retain all wastewater in accordance with the
State Environment Protection Policy (Waters of Victoria) under the Environment
Protection Act 1970.
 The benefits of restricting the size of lots to the minimum required to treat and retain
all wastewater in accordance with the State Environment Protection Policy (Waters
of Victoria).
 The benefits of restricting the size of lots to generally no more than 2 hectares to
enable lots to be efficiently maintained without the need for agricultural techniques
and equipment.
 The relevant standards of Clauses 56.07-1 to 56.07-4.

32.03-4 Buildings and works


19/01/2006
VC37
A permit is required to construct or carry out any of the following:

 A building or works associated with a use in Section 2 of Clause 32.03-1.

 An outbuilding which has dimensions greater than those specified in the schedule to this
zone.

32.03-5 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is in Category 3.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

LOW DENSITY RESIDENTIAL ZONE PAGE 5 OF 5


32.04 MIXED USE ZONE
18/06/2010
VC62
15/12/2008 Shown on the planning scheme map as MUZ.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To provide for a range of residential, commercial, industrial and other uses which
complement the mixed-use function of the locality.
To encourage residential development that respects the neighbourhood character.

32.04-1 Table of uses


18/06/2010
VC62
Section 1 – Permit not required
USE CONDITION

Animal keeping (other than Animal Must be no more than 2 animals.


boarding)

Apiculture Must meet the requirements of the Apiary


Code of Practice, May 1997.
Bed and breakfast No more than 6 persons may be
accommodated away from their normal
place of residence.
At least 1 car parking space must be
provided for each 2 persons able to be
accommodated away from their normal
place of residence.

Carnival Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Circus Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Dependent person’s unit Must be the only dependent person’s unit


on the lot.

Dwelling (other than Bed and breakfast)


Greenhouse gas sequestration Must meet the requirements of Clause
52.08-6.

Greenhouse gas sequestration exploration


Home occupation
Informal outdoor recreation
Mineral exploration

Mining Must meet the requirements of Clause


52.08-2.

Minor utility installation


Natural systems

Place of worship Must be no social or recreation activities.


The gross floor area of all buildings must
not exceed 180 square metres.

MIXED USE ZONE PAGE 1 OF 6


USE CONDITION

The site must not exceed 1200 square


metres.
The site must adjoin, or have access to, a
road in a Road Zone.
Railway
Residential aged care facility
Road
Search for stone Must not be costeaning or bulk sampling.

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19.

Tramway

Section 2 - Permit required

USE CONDITION
Accommodation (other than Dependent
person's unit, Dwelling and Residential
aged care facility)
Agriculture (other than Animal keeping
and Apiculture)
Animal boarding

Animal keeping (other than Animal Must be no more than 5 animals.


boarding) – if the Section 1 condition is
not met

Industry Must not be a purpose listed in the table to


Clause 52.10.

Leisure and recreation (other than


Informal outdoor recreation)
Mineral, stone, or soil extraction (other
than Extractive industry, Mineral
exploration, Mining, and Search for
stone)
Office The combined leasable floor area for all
offices must not exceed any amount
specified in the schedule to this zone.

Place of assembly (other than Carnival,


Circus, and Place of worship)
Retail premises (other than Shop and
Trade supplies)
Shop (other than Adult sex bookshop) The combined leasable floor area for all
shops must not exceed any amount
specified in the schedule to this zone.

Trade supplies The combined leasable floor area for all


trade supplies must not exceed any amount
specified in the schedule to this zone.

Utility installation (other than Minor utility


installation and Telecommunications
facility).

Warehouse Must not be a purpose listed in the table to


Clause 52.10.

MIXED USE ZONE PAGE 2 OF 6


USE CONDITION

Any other use not in Section 1 or 3

Section 3 - Prohibited

USE
Adult sex bookshop

Brothel

Extractive industry

32.04-2 Use for industry and warehouse


15/09/2008
VC49

Amenity of the neighbourhood

The use of land for an industry or warehouse must not adversely affect the amenity of the
neighbourhood, including through:
 The transport of materials or goods to or from the land.
 The appearance of any stored materials or goods.
 Traffic generated by the use.
 Emissions from the land.

Application requirements

Unless the circumstances do not require, an application to use land for an industry or
warehouse must be accompanied by the following information:
 The purpose of the use and the types of activities to be carried out.
 The type and quantity of materials and goods to be stored, processed or produced.
 Whether a Works Approval or Waste Discharge Licence is required from the
Environment Protection Authority.
 Whether a notification under the Occupational Health and Safety (Major Hazard
Facilities) Regulations 2000 is required, a licence under the Dangerous Goods Act 1985
is required, or a fire protection quantity under the Dangerous Goods (Storage and
Handling) Regulations 2000 is exceeded.
 How land not required for immediate use is to be maintained.
 The likely effects, if any, on the neighbourhood, including noise levels, traffic, air-borne
emissions, emissions to land and water, light spill, glare, solar access and hours of
operation (including the hours of delivery and dispatch of materials and goods).

Decision guidelines

Before deciding on an application to use land for an industry or warehouse, in addition to


the decision guidelines in Clause 65, the responsible authority must consider, as
appropriate:
 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The effect that existing uses on adjoining or nearby land may have on the proposed use.

MIXED USE ZONE PAGE 3 OF 6


 The design of buildings, including provision for solar access.
 The availability and provision of utility services.
 The effect of traffic to be generated by the use.
 The interim use of those parts of the land not required for the proposed use.

32.04-3 Subdivision
09/10/2006
VC42

Permit requirement

A permit is required to subdivide land.


An application to subdivide land, other than an application to subdivide land into lots each
containing an existing dwelling or car parking space, must meet the requirements of Clause
56 and:
 Must meet all of the objectives included in the clauses specified in the following table.
 Should meet all of the standards included in the clauses specified in the following table.

CLASS OF SUBDIVISION OBJECTIVES AND STANDARDS TO BE MET

60 or more lots All except Clause 56.03-5.

16 – 59 lots All except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1


and 56.06-3.

3 – 15 lots All except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.05-2,


56.06-1, 56.06-3 and 56.06-6.

2 lots Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to


56.09-2.

Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of
the Act.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The objectives and standards of Clause 56.

32.04-4 Construction and extension of one dwelling on a lot


15/09/2008
VC49

Permit requirement

A permit is required to construct or extend one dwelling on:


 A lot of less than 300 square metres.
 A lot of between 300 square metres and 500 square metres if specified in the schedule to
this zone.

MIXED USE ZONE PAGE 4 OF 6


A permit is required to construct or extend a front fence within 3 metres of a street if:
 The fence is associated with one dwelling on:
 A lot of less than 300 square metres, or
 A lot of between 300 and 500 square metres if specified in a schedule to this zone,
and
 The fence exceeds the maximum height specified in Clause 54.06-2.
A development must meet the requirements of Clause 54.

No permit required

No permit is required to:


 Construct or carry out works normal to a dwelling.
 Construct or extend an out-building (other than a garage or carport) on a lot provided
the gross floor area of the out-building does not exceed 10 square metres and the
maximum building height is not more than 3 metres above ground level.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The objectives, standards and decision guidelines of Clause 54.

32.04-5 Construction and extension of two or more dwellings on a lot, dwellings on


15/09/2008 common property and residential buildings
VC49

Permit requirement

A permit is required to:


 Construct a dwelling if there is at least one dwelling existing on the lot.
 Construct two or more dwellings on a lot.
 Extend a dwelling if there are two or more dwellings on the lot.
 Construct or extend a dwelling if it is on common property.
 Construct or extend a residential building.
A permit is required to construct or extend a front fence within 3 metres of a street if:
 The fence is associated with 2 or more dwellings on a lot or a residential building, and
 The fence exceeds the maximum height specified in Clause 55.06-2.
A development must meet the requirements of Clause 55. This does not apply to a
development of four or more storeys, excluding a basement.
A permit is not required to construct one dependent person’s unit on a lot.

MIXED USE ZONE PAGE 5 OF 6


Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The objectives, standards and decision guidelines of Clause 55.

32.04-6 Requirements of Clause 54 and Clause 55


19/01/2006
VC37
The schedule to this zone may specify the requirements of:
 Standards A3, A4, A5, A10, A17 and A20 of Clause 54 of this scheme.
 Standards B6, B7, B8, B17, B28 and B32 of Clause 55 of this scheme.
If a requirement is not specified in the schedule to this zone, the requirement set out in the
relevant standard of Clause 54 or Clause 55 applies.

32.04-7 Buildings and works associated with a Section 2 use


19/01/2006
VC37
A permit is required to construct a building or construct or carry out works for a use in
Section 2 of Clause 32.04-1.

32.04-8 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is in Category 3.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

MIXED USE ZONE PAGE 6 OF 6


32.05 TOWNSHIP ZONE
18/06/2010
VC62
Shown on the planning scheme map as TZ.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To provide for residential development and a range of commercial, industrial and other uses
in small towns.
To encourage residential development that respects the neighbourhood character.

32.05-1 Table of uses


18/06/2010
VC62
Section 1 - Permit not required

USE CONDITION
Animal keeping (other than Animal Must be no more than 2 animals.
boarding)

Apiculture Must meet the requirements of the Apiary


Code of Practice, May 1997.
Bed and breakfast No more than 6 persons may be
accommodated away from their normal
place of residence.
At least 1 car parking space must be
provided for each 2 persons able to be
accommodated away from their normal
place of residence.

Carnival Must meet the requirements of A ‘Good


Neighbour‘ Code of Practice for a Circus or
Carnival, October 1997.
Circus Must meet the requirements of A ‘Good
Neighbour‘ Code of Practice for a Circus or
Carnival, October 1997.
Dependent person's Must be the only dependent person's unit
unit on the lot.
Must meet the requirements of Clause
32.05-2.

Dwelling (other than Must meet the requirements of Clause


Bed and breakfast) 32.05-2.

Greenhouse gas sequestration Must meet the requirements of Clause


52.08-6.
Greenhouse gas sequestration exploration
Home occupation
Informal outdoor recreation
Mineral exploration

Mining Must meet the requirements of Clause


52.08-2.

Minor utility installation


Natural systems

TOWNSHIP ZONE PAGE 1 OF 7


USE CONDITION

Place of worship Must be no social or recreation activities.


The gross floor area of all buildings must
not exceed 180 square metres.
The site must not exceed 1200 square
metres.
The site must adjoin, or have access to, a
road in a Road Zone.
Railway
Residential aged care facility
Road
Search for stone Must not be costeaning or bulk sampling.

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19.

Tramway

Section 2 - Permit required

USE CONDITION
Accommodation (other than Dependent
person's unit, Dwelling and Residential
aged care facility)
Agriculture (other than Animal keeping,
Apiculture and Intensive animal
husbandry)
Animal boarding

Animal keeping (other than Animal Must be no more than 5 animals.


boarding) – if the Section 1 condition is
not met

Dependent person's unit - if the Section 1 Must meet the requirements of Clause
condition is not met 32.05-2.

Industry (other than Refuse disposal) Must not be a purpose listed in the table to
Clause 52.10.

Leisure and recreation (other than


Informal outdoor recreation and Motor
racing track)
Mineral, stone, or soil extraction (other
than Extractive industry, Mineral
exploration, Mining, and Search for
stone)
Place of assembly (other than Carnival,
Circus, and Place of worship)
Retail premises (other than Adult sex
bookshop)
Utility installation (other than Minor utility
installation and Telecommunications
facility)

Warehouse Must not be a purpose listed in the table to


Clause 52.10.

Any other use not in Section 1 or 3

TOWNSHIP ZONE PAGE 2 OF 7


Section 3 - Prohibited
USE
Adult sex bookshop

Brothel

Dwelling – if the Section 1 condition is not met

Extractive industry

Intensive animal husbandry

Motor racing track

Refuse disposal

Saleyard

32.05-2 Use for a dwelling or a dependent person’s unit


19/01/2006
VC37
A lot may be used for a dwelling provided the following requirements are met:
 Each dwelling must be connected to reticulated sewerage, if available. If reticulated
sewerage is not available, all wastewater from each dwelling must be treated and
retained within the lot in accordance with the State Environment Protection Policy
(Waters of Victoria) under the Environment Protection Act 1970.
 Each dwelling must be connected to a reticulated potable water supply or have an
alternative potable water supply, with appropriate storage capacity, to the satisfaction
of the responsible authority.
 Each dwelling must be connected to a reticulated electricity supply or have an
alternative energy supply to the satisfaction of the responsible authority.
These requirements also apply to a dependent person’s unit.

32.05-3 Use for industry and warehouse


15/09/2008
VC49

Amenity of the neighbourhood

The use of land for an industry or warehouse must not adversely affect the amenity of the
neighbourhood, including through:
 The transport of materials or goods to or from the land.
 The appearance of any stored materials or goods.
 Traffic generated by the use.
 Emissions from the land.

Application requirements

Unless the circumstances do not require, an application to use land for an industry or
warehouse must be accompanied by the following information:
 The purpose of the use and the types of activities to be carried out.
 The type and quantity of materials and goods to be stored, processed or produced.
 Whether a Works Approval or Waste Discharge Licence is required from the
Environment Protection Authority.

TOWNSHIP ZONE PAGE 3 OF 7


 Whether a notification under the Occupational Health and Safety (Major Hazard
Facilities) Regulations 2000 is required, a licence under the Dangerous Goods Act
1985 is required, or a fire protection quantity under the Dangerous Goods (Storage and
Handling) Regulations 2000 is exceeded.
 How land not required for immediate use is to be maintained.
 The likely effects, if any, on the neighbourhood, including noise levels, traffic, air-
borne emissions, emissions to land and water, light spill, glare, solar access and hours
of operation (including the hours of delivery and despatch of materials and goods).

Decision guidelines

Before deciding on an application to use land for an industry or warehouse, in addition to


the decision guidelines in Clause 65, the responsible authority must consider, as
appropriate:
 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The effect that existing uses on adjoining or nearby land may have on the proposed
use.
 The design of buildings, including provision for solar access.
 The availability and provision of utility services.
 The effect of traffic to be generated by the use.
 The interim use of those parts of the land not required for the proposed use.

32.05-4 Subdivision
09/10/2006
VC42

Permit requirement

A permit is required to subdivide land.


An application to subdivide land, other than an application to subdivide land into lots each
containing an existing dwelling or car parking space, must meet the requirements of Clause
56 and:
 Must meet all of the objectives included in the clauses specified in the following table.
 Should meet all of the standards included in the clauses specified in the following
table.

CLASS OF SUBDIVISION OBJECTIVES AND STANDARDS TO BE MET

16 or more lots Clauses 56.02-1, 56.03-5, 56.04-2 to 56.04-5, 56.05-1,


56.05-2, 56.06-2, 56.06-4, 56.06-5, 56.06-7, 56.06-8 and
56.07-1 to 56.09-4.

3 – 15 lots Clauses 56.03-5, 56.04-2 to 56.04-5, 56.05-1, 56.06-2,


56.06-4, 56.06-5, 56.06-7 and 56.06-8 to 56.09-4.

2 lots Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5 and 56.06-8


to 56.09-2.

Each lot must be provided with reticulated sewerage, if available. If reticulated sewerage is
not available, the application must be accompanied by:
 A land assessment which demonstrates that each lot is capable of treating and retaining
all wastewater in accordance with the State Environment Protection Policy (Waters of
Victoria) under the Environment Protection Act 1970.

TOWNSHIP ZONE PAGE 4 OF 7


 A plan which shows a building envelope and effluent disposal area for each lot.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The objectives and standards of Clause 56.

32.05-5 Construction and extension of one dwelling on a lot


15/09/2008
VC49

Permit requirement

A permit is required to construct or extend one dwelling on:


 A lot of less than 300 square metres.
 A lot of between 300 square metres and 500 square metres if specified in the schedule
to this zone.
A permit is required to construct or extend a front fence within 3 metres of a street if:
 The fence is associated with one dwelling on:
 A lot of less than 300 square metres, or
 A lot of between 300 and 500 square metres if specified in a schedule to this zone,
and
 The fence exceeds the maximum height specified in Clause 54.06-2.
A development must meet the requirements of Clause 54.

No permit required

No permit is required to:


 Construct or carry out works normal to a dwelling.
 Construct or extend an out-building (other than a garage or carport) on a lot provided
the gross floor area of the out-building does not exceed 10 square metres and the
maximum building height is not more than 3 metres above ground level.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The objectives, standards and decision guidelines of Clause 54.

TOWNSHIP ZONE PAGE 5 OF 7


32.05-6 Construction and extension of two or more dwellings on a lot, dwellings on
15/09/2008 common property and residential buildings
VC49

Permit requirement

A permit is required to:


 Construct a dwelling if there is at least one dwelling existing on the lot.
 Construct two or more dwellings on a lot.
 Extend a dwelling if there are two or more dwellings on the lot.
 Construct or extend a dwelling if it is on common property.
 Construct or extend a residential building.
A permit is required to construct or extend a front fence within 3 metres of a street if:
 The fence is associated with 2 or more dwellings on a lot or a residential building, and
 The fence exceeds the maximum height specified in Clause 55.06-2.
A development must meet the requirements of Clause 55. This does not apply to a
development of four or more storeys, excluding a basement.
A permit is not required to construct one dependent person’s unit on a lot.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The objectives, standards and decision guidelines of Clause 55.

32.05-7 Requirements of Clause 54 and Clause 55


19/01/2006
VC37
The schedule to this zone may specify the requirements of:
 Standards A3, A4, A5, A10, A17 and A20 of Clause 54 of this scheme.
 Standards B6, B7, B8, B17, B28 and B32 of Clause 55 of this scheme.
If a requirement is not specified in the schedule to this zone, the requirement set out in the
relevant standard of Clause 54 or Clause 55 applies.

32.05-8 Buildings and works associated with a Section 2 use


19/01/2006
VC37
A permit is required to construct a building or construct or carry out works for a use in
Section 2 of Clause 32.05-1.

32.05-9 Decision guidelines


19/01/2006
VC37
Before deciding on an application to use or subdivide land, construct or extend a dwelling
or residential building, construct a building or construct or carry out works, in addition to
the decision guidelines in Clause 65, the responsible authority must consider, as
appropriate:

TOWNSHIP ZONE PAGE 6 OF 7


 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The protection and enhancement of the character of the town and surrounding area
including the retention of vegetation.
 The availability and provision of utility services, including sewerage, water, drainage,
electricity, gas and telecommunications.
 In the absence of reticulated sewerage, the capability of the lot to treat and retain all
wastewater in accordance with the State Environment Protection Policy (Waters of
Victoria) under the Environment Protection Act 1970.
 The design of buildings, including provision for solar access.
 The need for a verandah along the front or side of commercial buildings to provide
shelter for pedestrians.
 Provision of car parking and loading bay facilities and landscaping.

32.05-10 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is in Category 3.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

TOWNSHIP ZONE PAGE 7 OF 7


32.06 RESIDENTIAL 3 ZONE
18/06/2010
VC62
Shown on the planning scheme map as R3Z.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To provide for residential development at a range of densities with a variety of dwellings to
meet the housing needs of all households.
To encourage residential development that respects the neighbourhood character.
To limit the maximum height of a dwelling or residential building.
In appropriate locations, to allow educational, recreational, religious, community and a
limited range of other non-residential uses to serve local community needs.

32.06-1 Table of uses


18/06/2010
VC62
Section 1 - Permit not required
USE CONDITION
Animal keeping (other than Animal Must be no more than 2 animals.
boarding)

Apiculture Must meet the requirements of the Apiary Code


of Practice, May 1997.

Bed and breakfast No more than 6 persons may be


accommodated away from their normal place of
residence.

At least 1 car parking space must be provided


for each 2 persons able to be accommodated
away from their normal place of residence.

Carnival Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Circus Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Dependent person's unit Must be the only dependent person's unit on


the lot.

Dwelling (other than Bed and breakfast)

Greenhouse gas sequestration Must meet the requirements of Clause 52.08-6.

Greenhouse gas sequestration exploration

Home occupation

Informal outdoor recreation

Mineral exploration

Mining Must meet the requirements of Clause 52.08-2.

Minor utility installation

RESIDENTIAL 3 ZONE PAGE 1 OF 6


USE CONDITION
Natural systems

Place of worship Must be no social or recreation activities.

The gross floor area of all buildings must not


exceed 180 square metres.

The site must not exceed 1200 square metres.

The site must adjoin, or have access to, a road


in a Road Zone.

Railway

Residential aged care facility

Road

Search for stone Must not be costeaning or bulk sampling.

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19.

Tramway

Section 2 - Permit required


USE CONDITION
Accommodation (other than Dependent
person's unit, Dwelling and Residential
aged care facility)

Agriculture (other than Animal keeping,


Animal training, Apiculture, Horse
stables, and Intensive animal husbandry)

Animal keeping (other than Must be no more than 5 animals.


Animal boarding) – if the Section 1
condition is not met

Car park Must be used in conjunction with another use


in Section 1 or 2.

Car wash The site must adjoin, or have access to, a


road in a Road Zone.

Community market

Convenience restaurant The site must adjoin, or have access to, a


road in a Road Zone.

Convenience shop The leasable floor area must not exceed 80


square metres.

Food and drink premises (other than


Convenience restaurant and Take away
food premises)

Leisure and recreation (other than Informal


outdoor recreation and Motor racing
track)

Medical centre

Mineral, stone, or soil extraction (other

RESIDENTIAL 3 ZONE PAGE 2 OF 6


USE CONDITION
than Extractive industry, Mineral
exploration, Mining, and Search for
stone)

Place of assembly (other than Amusement


parlour, Carnival, Circus, Nightclub, and
Place of worship)

Plant nursery

Service station The site must either:


ƒ Adjoin a business zone or industrial
zone.
ƒ Adjoin, or have access to, a road in a
Road Zone.

The site must not exceed either:


ƒ 3000 square metres.
ƒ 3600 square metres if it adjoins on two
boundaries a road in a Road Zone.

Store Must be in a building, not a dwelling, and


used to store equipment, goods, or motor
vehicles used in conjunction with the
occupation of a resident of a dwelling on the
lot.

Take away food premises The site must adjoin, or have access to, a
road in a Road Zone.

Utility installation (other than Minor utility


installation and Telecommunications
facility)

Any other use not in Section 1 or 3

Section 3 - Prohibited
USE

Amusement parlour
Animal boarding
Animal training

Brothel
Cinema based entertainment facility
Extractive industry
Horse stables
Industry (other than Car wash)
Intensive animal husbandry
Motor racing track
Nightclub
Office (other than Medical centre)
Retail premises (other than Community market, Convenience shop, Food and drink
premises, and Plant nursery)

RESIDENTIAL 3 ZONE PAGE 3 OF 6


USE

Saleyard
Transport terminal
Warehouse (other than Store)

32.06-2 Subdivision
09/10/2006
VC42

Permit requirement

A permit is required to subdivide land.


An application to subdivide land, other than an application to subdivide land into lots each
containing an existing dwelling or car parking space, must meet the requirements of Clause
56 and:
ƒ Must meet all of the objectives included in the clauses specified in the following table.
ƒ Should meet all of the standards included in the clauses specified in the following table.

CLASS OF SUBDIVISION OBJECTIVES AND STANDARDS TO BE MET

60 or more lots All except Clause 56.03-5.

16 – 59 lots All except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1


and 56.06-3.

3 – 15 lots All except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.05-


2, 56.06-1, 56.06-3 and 56.06-6.

2 lots Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to


56.09-2.

Exemption from notice and review

An application to subdivide land into lots each containing an existing dwelling or car
parking space is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1)
of the Act.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The objectives and standards of Clause 56.

32.06-3 Construction and extension of one dwelling on a lot


15/09/2008
VC49

Permit requirement

A permit is required to construct or extend one dwelling on:


ƒ A lot of less than 300 square metres.
ƒ A lot of between 300 square metres and 500 square metres if specified in the schedule to
this zone.

RESIDENTIAL 3 ZONE PAGE 4 OF 6


A permit is required to construct or extend a front fence within 3 metres of a street if:
ƒ The fence is associated with one dwelling on:
‚ A lot of less than 300 square metres, or
‚ A lot of between 300 and 500 square metres if specified in a schedule to this zone,
and
ƒ The fence exceeds the maximum height specified in Clause 54.06-2.
A development must meet the requirements of Clause 54.

No permit required

No permit is required to:


ƒ Construct or carry out works normal to a dwelling.
ƒ Construct or extend an out-building (other than a garage or carport) on a lot provided
the gross floor area of the out-building does not exceed 10 square metres and the
maximum building height is not more than 3 metres above ground level.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The objectives, standards and decision guidelines of Clause 54.

32.06-4 Construction and extension of two or more dwellings on a lot, dwellings on


15/09/2008 common property and residential buildings
VC49

Permit requirement

A permit is required to:


ƒ Construct a dwelling if there is at least one dwelling existing on the lot.
ƒ Construct two or more dwellings on a lot.
ƒ Extend a dwelling if there are two or more dwellings on the lot.
ƒ Construct or extend a dwelling if it is on common property.
ƒ Construct or extend a residential building.
A permit is required to construct or extend a front fence within 3 metres of a street if:
ƒ The fence is associated with 2 or more dwellings on a lot or a residential building, and
ƒ The fence exceeds the maximum height specified in Clause 55.06-2.
A development must meet the requirements of Clause 55.
A permit is not required to construct one dependent person’s unit on a lot.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

RESIDENTIAL 3 ZONE PAGE 5 OF 6


ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The objectives, standards and decision guidelines of Clause 55.

32.06-5 Maximum building height of a dwelling or residential building


19/01/2006
VC37
The maximum building height of a dwelling or residential building must not exceed 9
metres, unless the slope of the natural ground level at any cross section wider than 8 metres
of the site of the building is 2.5 degrees or more, in which case the maximum building
height must not exceed 10 metres.
This does not apply to:
ƒ An extension of an existing dwelling or residential building that exceeds the specified
building height provided that the extension does not exceed the existing building height.
ƒ A dwelling or residential building which exceeds the specified building height for
which a valid planning or building permit was in effect prior to the introduction of this
provision.

32.06-6 Requirements of Clause 54 and Clause 55


19/01/2006
VC37
The schedule to this zone may specify the requirements of:
ƒ Standards A3, A5, A10, A17 and A20 of Clause 54 of this scheme.
ƒ Standards B6, B8, B17, B28 and B32 of Clause 55 of this scheme.
If a requirement is not specified in the schedule to this zone, the requirement set out in the
relevant standard of Clause 54 or Clause 55 applies.

32.06-7 Buildings and works associated with a Section 2 use


17/09/2007
VC45
A permit is required to construct a building or construct or carry out works for a use in
Section 2 of Clause 32.06-1.

32.06-8 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is in Category 3.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

RESIDENTIAL 3 ZONE PAGE 6 OF 6


33 INDUSTRIAL ZONES
19/01/2006
VC37

INDUSTRIAL ZONES PAGE 1 OF 1


33.01 INDUSTRIAL 1 ZONE
18/06/2010
VC62
Shown on the planning scheme map as IN1Z.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To provide for manufacturing industry, the storage and distribution of goods and associated
uses in a manner which does not affect the safety and amenity of local communities.

33.01-1 Table of uses


18/06/2010
VC62
Section 1 - Permit not required
USE CONDITION
Apiculture Must meet the requirements of the Apiary
Code of Practice, May 1997.

Carnival Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Circus Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Crop raising
Extensive animal husbandry
Greenhouse gas sequestration Must meet the requirements of Clause
52.08-6.
Greenhouse gas sequestration exploration

Home occupation

Industry (other than Materials recycling) Must not be a purpose shown with a Note 1
or Note 2 in the table to Clause 52.10.
The land must be at least the following
distances from land (not a road) which is in
a residential zone, Business 5 Zone, Capital
City Zone or Docklands Zone, land used for
a hospital or an education centre or land in a
Public Acquisition Overlay to be acquired for
a hospital or an education centre:
• The threshold distance, for a purpose
listed in the table to Clause 52.10.
• 30 metres, for a purpose not listed in the
table to Clause 52.10.

Must not adversely affect the amenity of the


neighbourhood, including through the:

• Transport of materials, goods or


commodities to or from the land.
• Appearance of any stored goods or
materials.

INDUSTRIAL 1 ZONE PAGE 1 OF 8


USE CONDITION
• Emission of noise, artificial light,
vibration, odour, fumes, smoke, vapour,
steam, soot, ash, dust, waste water,
waste products, grit or oil.
Informal outdoor recreation
Mail centre
Mineral exploration

Mining Must meet the requirements of Clause


52.08-2.

Minor utility installation


Natural systems
Railway
Road

Search for stone Must not be costeaning or bulk sampling.

Service station The land must be at least 30 metres from


land (not a road) which is in a residential
zone, Business 5 Zone, Capital City Zone or
Docklands Zone, land used for a hospital or
an education centre or land in a Public
Acquisition Overlay to be acquired for a
hospital or an education centre.

Shipping container storage Must not be a purpose shown with a Note 1


or Note 2 in the table to Clause 52.10.
The land must be at least the following
distances from land (not a road) which is in
a residential zone, Business 5 Zone, Capital
City Zone or Docklands Zone, land used for
a hospital or an education centre or land in a
Public Acquisition Overlay to be acquired for
a hospital or an education centre:
• The threshold distance, for a purpose
listed in the table to Clause 52.10.
• 100 metres, for a purpose not listed in
the table to Clause 52.10.
The site must adjoin, or have access to, a
road in a Road Zone.
Shipping containers must be setback at
least 9 metres from a road in a Road Zone.
The height of shipping container stacks
must not exceed 6 containers or 16 metres,
whichever is the lesser.
Must not adversely affect the amenity of the
neighbourhood, including through the:
• Transport of materials, goods or
commodities to or from the land.
• Appearance of any stored goods or
materials.
• Emission of noise, artificial light,
vibration, odour, fumes, smoke, vapour,
steam, soot, ash, dust, waste water,
waste products, grit or oil.

INDUSTRIAL 1 ZONE PAGE 2 OF 8


USE CONDITION

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19.

Tramway

Warehouse (other than Mail centre and Must not be a purpose shown with a Note 1
Shipping container storage) or Note 2 in the table to Clause 52.10.
The land must be at least the following
distances from land (not a road) which is in
a residential zone, Business 5 Zone, Capital
City Zone or Docklands Zone, land used for
a hospital or an education centre or land in a
Public Acquisition Overlay to be acquired for
a hospital or an education centre:
• The threshold distance, for a purpose
listed in the table to Clause 52.10.
• 30 metres, for a purpose not listed in the
table to Clause 52.10.
Must not adversely affect the amenity of the
neighbourhood, including through the:
• Transport of materials, goods or
commodities to or from the land.
• Appearance of any stored goods or
materials.
• Emission of noise, artificial light,
vibration, odour, fumes, smoke, vapour,
steam, soot, ash, dust, waste water,
waste products, grit or oil.

Section 2 - Permit required


USE CONDITION
Adult sex bookshop Must be at least 200 metres (measured by
the shortest route reasonably accessible on
foot) from a residential zone or Business 5
Zone, land used for a hospital, primary
school or secondary school or land in a
Public Acquisition Overlay to be acquired for
a hospital, primary school or secondary
school.

Agriculture (other than Apiculture, Crop


raising, Extensive animal husbandry, and
Intensive animal husbandry)
Caretaker's house
Convenience shop

Education centre Must not be a primary or secondary school.

Equestrian supplies
Leisure and recreation (other than Informal
outdoor recreation)

Lighting shop Must be in one occupation with a leasable


floor area of at least the amount specified in
the schedule to this zone. If no amount is

INDUSTRIAL 1 ZONE PAGE 3 OF 8


USE CONDITION
specified, the leasable floor area must be at
least 500 square metres.

Materials recycling The land must be at least 30 metres from


land (not a road) which is in a residential
zone or Business 5 Zone, land used for a
hospital or an education centre or land in a
Public Acquisition Overlay to be acquired for
a hospital or an education centre.
Mineral, stone, or soil extraction (other
than Mineral exploration, Mining, and
Search for stone)

Office The leasable floor area must not exceed


500 square metres.

Party supplies
Place of assembly (other than Carnival and
Circus)

Restricted retail premises (other than Must be in one occupation with a leasable
Equestrian supplies, Lighting shop, and floor area of at least the amount specified in
Party supplies) the schedule to this zone. If no amount is
specified, the leasable floor area must be at
least 1000 square metres.

Retail premises (other than Shop)

Utility installation (other than Minor utility Any gas holder, or sewerage or refuse
installation and Telecommunications treatment or disposal works, must be at
facility). least 30 metres from land (not a road) which
is in a residential zone, Business 5 Zone,
Capital City Zone or Docklands Zone land
used for a hospital or an education centre or
land in a Public Acquisition Overlay to be
acquired for a hospital or an education
centre.
Any other use not in Section 1 or 3

Section 3 - Prohibited
USE
Accommodation (other than Caretaker's house)

Cinema based entertainment facility

Hospital

Intensive animal husbandry

Shop (other than Adult sex bookshop, Convenience shop and Restricted retail
premises)

INDUSTRIAL 1 ZONE PAGE 4 OF 8


33.01-2 Use of land
15/09/2008
VC49

Application requirements

An application to use land for an industry or warehouse must be accompanied by the


following information, as appropriate:

ƒ The purpose of the use and the types of processes to be utilised.


ƒ The type and quantity of goods to be stored, processed or produced.
ƒ How land not required for immediate use is to be maintained.
ƒ Whether a Works Approval or Waste Discharge Licence is required from the
Environment Protection Authority.
ƒ Whether a notification under the Occupational Health and Safety (Major Hazard
Facilities) Regulations 2000 is required, a licence under the Dangerous Goods Act 1985
is required, or a fire protection quantity under the Dangerous Goods (Storage and
Handling) Regulations 2000 is exceeded.
ƒ The likely effects, if any, on the neighbourhood, including:
ƒ Noise levels.
ƒ Air-borne emissions.
ƒ Emissions to land or water.
ƒ Traffic, including the hours of delivery and despatch.
ƒ Light spill or glare.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The effect that the use may have on nearby existing or proposed residential areas or
other uses which are sensitive to industrial off-site effects, having regard to any
comments or directions of the referral authorities.
ƒ The effect that nearby industries may have on the proposed use.
ƒ The drainage of the land.
ƒ The availability of and connection to services.
ƒ The effect of traffic to be generated on roads.
ƒ The interim use of those parts of the land not required for the proposed use.

33.01-3 Subdivision
19/01/2006
VC37

Permit requirement

A permit is required to subdivide land.

INDUSTRIAL 1 ZONE PAGE 5 OF 8


Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1)
of the Act. This exemption does not apply to land within 30 metres of land (not a road)
which is in a residential zone or Business 5 Zone, land used for a hospital or an education
centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education
centre.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any natural or cultural values on or near the land.
ƒ Streetscape character.
ƒ Landscape treatment.
ƒ Interface with non-industrial areas.

33.01-4 Buildings and works


15/09/2008
VC49

Permit requirement

A permit is required to construct a building or construct or carry out works.


This does not apply to:

ƒ A building or works which rearrange, alter or renew plant if the area or height of the
plant is not increased.
ƒ A building or works which are used for crop raising, extensive animal husbandry or
informal outdoor recreation.
ƒ A rainwater tank with a capacity of more than 4500 litres if the following requirements
are met:
ƒ The rainwater tank is not located within the building’s setback from a street (other
than a lane).
ƒ The rainwater tank is no higher than the existing building on the site.
ƒ The rainwater tank is not located in an area that is provided for car parking, loading,
unloading or accessway.

Application requirements

An application to construct a building or construct or carry out works must be accompanied


by the following information, as appropriate:

ƒ A plan drawn to scale which shows:


ƒ The boundaries and dimensions of the site.
ƒ Adjoining roads.
ƒ Relevant ground levels.

INDUSTRIAL 1 ZONE PAGE 6 OF 8


ƒ The layout of existing and proposed buildings and works.
ƒ Driveways and vehicle parking and loading areas.
ƒ Proposed landscape areas.
ƒ External storage and waste treatment areas.
ƒ Elevation drawings to scale which show the colour and materials of all buildings and
works.
ƒ Construction details of all drainage works, driveways and vehicle parking and loading
areas.
ƒ A landscape layout which includes the description of vegetation to be planted, the
surfaces to be constructed, a site works specification and the method of preparing,
draining, watering and maintaining the landscape area.

Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1)
of the Act. This exemption does not apply to an application for a building or works within
30 metres of land (not a road) which is in a residential zone or Business 5 Zone, land used
for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired
for a hospital or an education centre.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any natural or cultural values on or near the land.
ƒ Streetscape character.
ƒ Built form.
ƒ Landscape treatment.
ƒ Interface with non-industrial areas.
ƒ Parking and site access.
ƒ Loading and service areas.
ƒ Outdoor storage.
ƒ Lighting.
ƒ Stormwater discharge.

Maintenance

All buildings and works must be maintained in good order and appearance to the
satisfaction of the responsible authority.

33.01-5 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is in Category 2.

INDUSTRIAL 1 ZONE PAGE 7 OF 8


Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

INDUSTRIAL 1 ZONE PAGE 8 OF 8


33.02 INDUSTRIAL 2 ZONE
18/06/2010
VC62
Shown on the planning scheme map as IN2Z.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To provide for manufacturing industry, the storage and distribution of goods and associated
facilities in a manner which does not affect the safety and amenity of local communities.
To promote manufacturing industries and storage facilities that require a substantial
threshold distance within the core of the zone.
To keep the core of the zone free of uses which are suitable for location elsewhere so as to
be available for manufacturing industries and storage facilities that require a substantial
threshold distance as the need for these arises.

33.02-1 Table of uses


18/06/2010
VC62
Section 1 - Permit not required
USE CONDITION
Apiculture Must meet the requirements of the Apiary
Code of Practice, May 1997.

Crop raising
Extensive animal husbandry
Home occupation

Greenhouse gas sequestration Must meet the requirements of Clause


52.08-6.
Greenhouse gas sequestration exploration
Informal outdoor recreation
Mineral exploration

Mining Must meet the requirements of Clause 52.08-


2.

Minor utility installation


Natural systems
Railway
Road

Search for stone Must not be costeaning or bulk sampling.

Service station

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19.

Tramway

INDUSTRIAL 2 ZONE PAGE 1 OF 6


Section 2 - Permit required
USE CONDITION
Adult sex bookshop Must be at least 200 metres (measured by the
shortest route reasonably accessible on foot)
from a residential zone or Business 5 Zone,
land used for a hospital, primary school or
secondary school or land in a Public
Acquisition Overlay to be acquired for a
hospital, primary school or secondary school.

Agriculture (other than Apiculture, Crop


raising, Extensive animal husbandry, and
Intensive animal husbandry)
Caretaker's house
Convenience shop

Education centre Must not be a primary or secondary school.

Equestrian supplies
Industry
Leisure and recreation (other than Informal
outdoor recreation)
Mineral, stone, or soil extraction (other
than Mineral exploration, Mining, and
Search for stone)

Office The leasable floor area must not exceed 500


square metres.

Party supplies
Retail premises (other than Shop)

Utility installation (other than Minor utility


installation and Telecommunications
facility
Warehouse
Any other use not in Section 1 or 3

Section 3 - Prohibited
USE
Accommodation (other than Caretaker's house)

Cinema based entertainment facility

Display home

Hospital

Intensive animal husbandry

Place of assembly

Shop (other than Adult sex bookshop, Convenience shop, Equestrian supplies, and
Party supplies)

Veterinary centre

INDUSTRIAL 2 ZONE PAGE 2 OF 6


33.02-2 Use of land
15/09/2008
VC49

Application requirements

An application to use land for an industry or warehouse must be accompanied by the


following information, as appropriate:

ƒ The suitability of the industry or warehouse being located in the core of the zone, where
the land is more than 1500 metres from land (not a road) which is in a residential zone,
Business 5 Zone, Capital City Zone or Docklands Zone, land used for a hospital or an
education centre or land in a Public Acquisition Overlay to be acquired for a hospital or
an education centre and the industry or warehouse is a purpose which is listed in the
Table to Clause 52.10 as requiring a threshold distance of less than 1500 metres, or is
not listed in the Table.
ƒ The purpose of the use and the types of processes to be utilised.
ƒ The type and quantity of goods to be stored, processed or produced.
ƒ How land not required for immediate use is to be maintained.
ƒ Whether a Works Approval or Waste Discharge Licence is required from the
Environment Protection Authority.
ƒ Whether a notification under the Occupational Health and Safety (Major Hazard
Facilities) Regulations 2000 is required, a licence under the Dangerous Goods Act 1985
is required, or a fire protection quantity under the Dangerous Goods (Storage and
Handling) Regulations 2000 is exceeded.
ƒ The likely effects, if any, on the neighbourhood, including:
ƒ Noise levels.
ƒ Air-borne emissions.
ƒ Emissions to land or water.
ƒ Traffic, including the hours of delivery and dispatch.
ƒ Light spill or glare.

Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1)
of the Act.
This exemption does not apply to land within 30 metres from land (not a road) which is in a
residential zone, Business 5 Zone, Capital City Zone or Docklands Zone, land used for a
hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a
hospital or an education centre.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The suitability of the industry or warehouse being located in the core of the zone, where
the land is more than 1500 metres from land (not a road) which is in a residential zone,
Business 5 Zone, Capital City Zone or Docklands Zone, land used for a hospital or an

INDUSTRIAL 2 ZONE PAGE 3 OF 6


education centre or land in a Public Acquisition Overlay to be acquired for a hospital or
an education centre and the industry or warehouse is a purpose which is listed in the
Table to Clause 52.10 as requiring a threshold distance of less than 1500 metres, or is
not listed in the Table.
ƒ The effect that the use may have on nearby existing or proposed residential areas or
other uses which are sensitive to industrial off-site effects, having regard to any
comments or directions of the referral authorities.
ƒ The effect that nearby industries may have on the proposed use.
ƒ The drainage of the land.
ƒ The availability of and connection to services.
ƒ The effect of traffic to be generated on roads.
ƒ The interim use of those parts of the land not required for the proposed use.

33.02-3 Subdivision
19/01/2006
VC37

Permit requirement

A permit is required to subdivide land.

Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1)
of the Act. This exemption does not apply to land within 30 metres from land (not a road)
which is in a residential zone or Business 5 Zone, land used for a hospital or an education
centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education
centre.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any natural or cultural values on or near the land.
ƒ Streetscape character.
ƒ Landscape treatment.
ƒ Interface with non-industrial areas.
ƒ The suitability of the proposed lots for the types of industries and warehouses shown in
the table to Clause 52.10.

33.02-4 Buildings and works


15/09/2008
VC49

Permit requirement

A permit is required to construct a building or construct or carry out works.


This does not apply to:

INDUSTRIAL 2 ZONE PAGE 4 OF 6


ƒ A building or works which rearrange, alter or renew plant if the area or height of the
plant is not increased.
ƒ A building or works which are used for crop raising, extensive animal husbandry or
informal outdoor recreation.
ƒ A rainwater tank with a capacity of more than 4500 litres if the following requirements
are met:
ƒ The rainwater tank is not located within the building’s setback from a street (other
than a lane).
ƒ The rainwater tank is no higher than the existing building on the site.
ƒ The rainwater tank is not located in an area that is provided for car parking, loading,
unloading or accessway.

Application requirements

An application to construct a building or construct or carry out works must be accompanied


by the following information, as appropriate:

ƒ A plan drawn to scale which shows:


ƒ The boundaries and dimensions of the site.
ƒ Adjoining roads.
ƒ Relevant ground levels.
ƒ The layout of existing and proposed buildings and works.
ƒ Driveways and vehicle parking and loading areas.
ƒ Proposed landscape areas.
ƒ External storage and waste treatment areas.
ƒ Elevation drawings to scale which show the colour and materials of all buildings and
works.
ƒ Construction details of all drainage works, driveways and vehicle parking and loading
areas.
ƒ A landscape layout which includes the description of vegetation to be planted, the
surfaces to be constructed, a site works specification and the method of preparing,
draining, watering and maintaining the landscape area.

Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1)
of the Act. This exemption does not apply to an application for a building or works within
30 metres of land (not a road) which is in a residential zone or Business 5 Zone, land used
for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired
for a hospital or an education centre.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.

INDUSTRIAL 2 ZONE PAGE 5 OF 6


ƒ The suitability of the proposed buildings or works for the types of industries and
warehouses shown in the table to Clause 52.10.
ƒ Any natural or cultural values on or near the land.
ƒ Streetscape character.
ƒ Built form.
ƒ Landscape treatment.
ƒ Interface with non-industrial areas.
ƒ Parking and site access.
ƒ Loading and service areas.
ƒ Outdoor Storage.
ƒ Lighting.
ƒ Stormwater discharge.

Maintenance

All buildings and works must be maintained in good order and appearance to the
satisfaction of the responsible authority.

33.02-5 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is in Category 2.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

INDUSTRIAL 2 ZONE PAGE 6 OF 6


33.03 INDUSTRIAL 3 ZONE
18/06/2010
VC62
Shown on the planning scheme map as IN3Z.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To provide for industries and associated uses in specific areas where special consideration
of the nature and impacts of industrial uses is required or to avoid inter-industry conflict.
To provide a buffer between the Industrial 1 Zone or Industrial 2 Zone and local
communities, which allows for industries and associated uses compatible with the nearby
community.
To ensure that uses do not affect the safety and amenity of adjacent, more sensitive land
uses.

33.03-1 Table of uses


18/06/2010
VC62
Section 1 - Permit not required
USE CONDITION
Apiculture Must meet the requirements of the Apiary
Code of Practice, May 1997.

Carnival Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Circus Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Crop raising
Extensive animal husbandry
Greenhouse gas sequestration Must meet the requirements of Clause
52.08-6.
Greenhouse gas sequestration exploration
Home occupation
Informal outdoor recreation
Mail centre
Mineral exploration

Mining Must meet the requirements of Clause


52.08-2.

Minor utility installation


Natural systems
Railway
Road

Search for stone Must not be costeaning or bulk sampling.

Service station The land must be at least 30 metres from


land (not a road) which is in a residential
zone, Business 5 Zone, Capital City Zone or
Docklands Zone, land used for a hospital or
an education centre or land in a Public
Acquisition Overlay to be acquired for a

INDUSTRIAL 3 ZONE PAGE 1 OF 6


USE CONDITION
hospital or an education centre.

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19.

Tramway

Section 2 - Permit required


USE CONDITION
Adult sex bookshop Must be at least 200 metres (measured by
the shortest route reasonably accessible on
foot) from a residential zone or Business 5
Zone, land used for a hospital, primary
school or secondary school or land in a
Public Acquisition Overlay to be acquired for
a hospital, primary school or secondary
school.

Agriculture (other than Apiculture, Crop .


raising, Extensive animal husbandry, and
Intensive animal husbandry)
Caretaker's house
Convenience shop

Education centre Must not be a primary or secondary school.

Equestrian supplies
Industry
Leisure and recreation (other than Informal
outdoor recreation, Major sports and
recreation facility, and Motor racing
track)

Lighting shop Must be in one occupation with a leasable


floor area of at least the amount specified in
the schedule to this zone. If no amount is
specified, the leasable floor area must be at
least 500 square metres.
Mineral, stone, or soil extraction (other
than Extractive industry, Mineral
exploration, Mining, and Search for
stone)

Office The leasable floor area must not exceed


500 square metres.

Party supplies
Place of Assembly (other than Carnival
and Circus)
Retail premises (other than Shop)

Restricted retail premises (other than Must be in one occupation with a leasable
Equestrian supplies, Lighting shop, and floor area of at least the amount specified in
Party supplies) the schedule to this zone. If no amount is
specified, the leasable floor area must be at
least 1000 square metres.
Utility installation (other than Minor utility

INDUSTRIAL 3 ZONE PAGE 2 OF 6


USE CONDITION
installation and Telecommunications
facility)
Warehouse (other than Mail centre)
Any other use not in Section 1 or 3

Section 3 - Prohibited
USE
Accommodation (other than Caretaker's house)

Cinema based entertainment facility

Extractive industry

Hospital

Intensive animal husbandry

Major sports and recreation facility

Motor racing track

Shop (other than Adult sex bookshop, Convenience shop, and Restricted retail
premises)

33.03-2 Use of land


15/09/2008
VC49

Amenity of the neighbourhood

A use must not adversely affect the amenity of the neighbourhood, including through the:

ƒ Transport of materials, goods or commodities to or from the land.


ƒ Appearance of any stored goods or materials.
ƒ Emission of noise, artificial light, vibration, odour, fumes, smoke, vapour, steam, soot,
ash, dust, waste water, waste products, grit or oil.

Application requirements

An application to use land for an industry or warehouse must be accompanied by the


following information, as appropriate:

ƒ The purpose of the use and the types of processes to be utilised.


ƒ The type and quantity of goods to be stored, processed or produced.
ƒ How land not required for immediate use is to be maintained.
ƒ Whether a Works Approval or Waste Discharge Licence is required from the
Environment Protection Authority.
ƒ Whether a notification under the Occupational Health and Safety (Major Hazard
Facilities) Regulations 2000 is required, a licence under the Dangerous Goods Act 1985
is required, or a fire protection quantity under the Dangerous Goods (Storage and
Handling) Regulations 2000 is exceeded.
ƒ The likely effects, if any, on the neighbourhood, including:
ƒ Noise levels.

INDUSTRIAL 3 ZONE PAGE 3 OF 6


ƒ Air-borne emissions.
ƒ Emissions to land or water.
ƒ Traffic, including the hours of delivery and despatch.
ƒ Light spill or glare.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The effect that the use may have on nearby existing or proposed residential areas or
other uses which are sensitive to industrial off-site effects, having regard to any
comments or directions of the referral authorities.
ƒ The effect that nearby industries may have on the proposed use.
ƒ The drainage of the land.
ƒ The availability of and connection to services.
ƒ The effect of traffic to be generated on roads.
ƒ The interim use of those parts of the land not required for the proposed use.
ƒ The effect on nearby industries.

33.03-3 Subdivision
19/01/2006
VC37

Permit requirement

A permit is required to subdivide land.

Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1)
of the Act. This exemption does not apply to land within 30 metres from land (not a road)
which is in a residential zone or Business 5 Zone, land used for a hospital or an education
centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education
centre.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any natural or cultural values on or near the land.
ƒ Streetscape character.
ƒ Landscape treatment.
ƒ Interface with non-industrial areas.

INDUSTRIAL 3 ZONE PAGE 4 OF 6


33.03-4 Buildings and works
15/09/2008
VC49

Permit requirement

A permit is required to construct a building or construct or carry out works.


This does not apply to:

ƒ A building or works which rearrange, alter or renew plant if the area or height of the
plant is not increased.
ƒ A building or works which are used for crop raising, extensive animal husbandry or
informal outdoor recreation.
ƒ A rainwater tank with a capacity of more than 4500 litres if the following requirements
are met:
ƒ The rainwater tank is not located within the building’s setback from a street (other
than a lane).
ƒ The rainwater tank is no higher than the existing building on the site.
ƒ The rainwater tank is not located in an area that is provided for car parking, loading,
unloading or accessway.

Application requirements

An application to construct a building or construct or carry out works must be accompanied


by the following information, as appropriate:

ƒ A plan drawn to scale which shows:


ƒ The boundaries and dimensions of the site.
ƒ Adjoining roads.
ƒ Relevant ground levels.
ƒ The layout of existing and proposed buildings and works.
ƒ Driveways and vehicle parking and loading areas.
ƒ Proposed landscape areas.
ƒ External storage and waste treatment areas.
ƒ Elevation drawings to scale which show the colour and materials of all buildings and
works.
ƒ Construction details of all drainage works, driveways and vehicle parking and loading
areas.
ƒ A landscape layout which includes the description of vegetation to be planted, the
surfaces to be constructed, a site works specification and the method of preparing,
draining, watering and maintaining the landscape area.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any natural or cultural values on or near the land.

INDUSTRIAL 3 ZONE PAGE 5 OF 6


ƒ Streetscape character.
ƒ Built form.
ƒ Landscape treatment.
ƒ Interface with non-industrial areas.
ƒ Parking and site access.
ƒ Loading and service areas.
ƒ Outdoor storage.
ƒ Lighting.
ƒ Stormwater discharge.
ƒ The effect on nearby industries.

Maintenance

All buildings and works must be maintained in good order and appearance to the
satisfaction of the responsible authority.

33.03-5 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is in Category 2.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

INDUSTRIAL 3 ZONE PAGE 6 OF 6


34 BUSINESS ZONES
19/01/2006
VC37

BUSINESS ZONES PAGE 1 OF 1


34.01 BUSINESS 1 ZONE
18/06/2010
VC62
Shown on the planning scheme map as B1Z.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To encourage the intensive development of business centres for retailing and other
complementary commercial, entertainment and community uses.

34.01-1 Table of uses


18/06/2010
VC62
Section 1 - Permit not required
USE CONDITION
Apiculture Must meet the requirements of the Apiary
Code of Practice, May 1997.

Betting agency
Caretaker’s house

Carnival Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Child care centre Any frontage at ground floor level must not
exceed 2 metres and access must not be
shared with a dwelling (other than a
caretaker's house).

Cinema
Cinema based entertainment facility

Circus Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Dwelling (other than Bed and breakfast Any frontage at ground floor level must not
and Caretaker’s house) exceed 2 metres.

Education centre Any frontage at ground floor level must not


exceed 10 metres and access must not be
shared with a dwelling (other than a
caretaker’s house).
Must not be a primary or secondary school.

Electoral office May be used for only 4 months before an


election and 2 weeks after an election.

Food and drink premises (other than Hotel,


Restaurant and Tavern)
Greenhouse gas sequestration Must meet the requirements of Clause
52.08-6.
Greenhouse gas sequestration exploration
Home occupation
Informal outdoor recreation
Mineral exploration

BUSINESS 1 ZONE PAGE 1 OF 7


USE CONDITION
Mining Must meet the requirements of Clause 52.08-
2.

Minor utility installation


Natural systems

Office (other than Electoral office) The combined leasable floor area for all
offices must not exceed any amount specified
in the schedule to this zone.
Any frontage at ground floor level must not
exceed 2 metres and access must not be
shared with a dwelling (other than a
caretaker’s house), unless the office is a
bank, real estate agency, travel agency, or
any other office where the floor space
adjoining the frontage is a customer service
area accessible to the public.

Postal agency
Railway

Restaurant Must not be on land specified in the schedule


to this zone.

Road

Search for stone Must not be costeaning or bulk sampling.

Shop (other than Adult sex bookshop) The combined leasable floor area for all
shops must not exceed any amount specified
in the schedule to this zone.

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19.

Trade supplies The combined leasable floor area for all trade
supplies must not exceed any amount
specified in the schedule to this zone.

Tramway

Section 2 - Permit required


USE CONDITION
Accommodation (other than Corrective
institution and Dwelling)

Adult sex bookshop Must be at least 200 metres (measured by the


shortest route reasonably accessible on foot)
from a residential zone or Business 5 Zone,
land used for a hospital, primary school or
secondary school or land in a Public
Acquisition Overlay to be acquired for a
hospital, primary school or secondary school.

Agriculture (other than Apiculture,


Intensive animal husbandry)
Bed and breakfast
Hotel

BUSINESS 1 ZONE PAGE 2 OF 7


USE CONDITION
Industry Must not be a purpose listed in the table to
Clause 52.10.

Leisure and recreation facility (other than


Informal outdoor recreation, Major sports
and recreation facility, and Motor racing
track)
Mineral, stone, or soil extraction (other
than Extractive industry, Mineral
exploration, Mining, and Search for
stone)
Place of assembly (other than Carnival,
Cinema, and Circus)
Retail premises (other than Betting
agency, Food and drink premises, Postal
agency, Shop, and Trade supplies)
Tavern
Utility installation (other than Minor utility
installation and Telecommunications
facility)

Warehouse Must not be a purpose listed in the table to


Clause 52.10.
Any other use not in Section 1 or 3

Section 3 - Prohibited
USE
Corrective institution

Extractive industry

Intensive animal husbandry

Major sports and recreation facility

Motor racing track

34.01-2 Use of land


21/09/2009
VC60

Amenity of the neighbourhood

A use must not detrimentally affect the amenity of the neighbourhood, including through
the:
ƒ Transport of materials, goods or commodities to or from the land.
ƒ Appearance of any building, works or materials.
ƒ Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot,
ash, dust, waste water, waste products, grit or oil.

Application requirements

An application to use land must be accompanied by the following information, as


appropriate:
ƒ The purpose of the use and the types of activities which will be carried out.

BUSINESS 1 ZONE PAGE 3 OF 7


ƒ The likely effects, if any, on adjoining land, including noise levels, traffic, the hours of
delivery and despatch of goods and materials, hours of operation and light spill, solar
access and glare.
ƒ The means of maintaining land not required for immediate use.
ƒ If an industry or warehouse:
‚ The type and quantity of goods to be stored, processed or produced.
‚ Whether a Works Approval or Waste Discharge Licence is required from the
Environment Protection Authority.
‚ Whether a notification under the Occupational Health and Safety (Major Hazard
Facilities) Regulations 2000 is required, a licence under the Dangerous Goods Act
1985 is required, or a fire protection quantity under the Dangerous Goods (Storage
and Handling) Regulations 2000 is exceeded.
‚ The likely effects on adjoining land, including air-borne emissions and emissions to
land and water.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The effect that existing uses may have on the proposed use.
ƒ The drainage of the land.
ƒ The availability of and connection to services.
ƒ The effect of traffic to be generated on roads.
ƒ The interim use of those parts of the land not required for the proposed use.

34.01-3 Subdivision
19/01/2006
VC37

Permit requirement

A permit is required to subdivide land.

Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of
the Act. This exemption does not apply to land within 30 metres of land (not a road) which
is in a residential zone or Business 5 Zone, land used for a hospital or an education centre
or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.

BUSINESS 1 ZONE PAGE 4 OF 7


ƒ Provision for vehicles providing for supplies, waste removal and emergency services
and public transport.
ƒ The interface with adjoining zones, especially the relationship with residential areas.
ƒ The effect the subdivision will have on the potential of the area to accommodate the
uses which will maintain or enhance its competitive strengths.

34.01-4 Buildings and works


30/08/2006
VC40

Permit requirement

A permit is required to construct a building or construct or carry out works. This includes
the internal rearrangement of a building if the maximum leasable floor area specified in the
schedule to this zone is exceeded.
This does not apply to:
ƒ The installation of an automatic teller machine.
ƒ An alteration to an existing building façade provided:
‚ The alteration does not include the installation of an external roller shutter.
‚ At least 80 per cent of the building facade at ground floor level is maintained as an
entry or window with clear glazing.
ƒ An awning that projects over a road if it is authorised by the relevant public land
manager.

Application requirements

An application to construct a building or construct or carry out works must be accompanied


by the following information, as appropriate:
ƒ A plan drawn to scale which shows:
‚ The boundaries and dimensions of the site.
‚ Adjoining roads.
‚ The location, height and purpose of buildings and works on adjoining land.
‚ Relevant ground levels.
‚ The layout of existing and proposed buildings and works.
‚ All driveway, car parking and loading areas.
‚ Proposed landscape areas.
‚ All external storage and waste treatment areas.
‚ Areas not required for immediate use.
ƒ Elevation drawings to scale showing the colour and materials of all buildings and
works.
ƒ Construction details of all drainage works, driveways, vehicle parking and loading
areas.
ƒ A landscape layout which includes the description of vegetation to be planted, the
surfaces to be constructed, site works specification and method of preparing, draining,
watering and maintaining the landscape area.

BUSINESS 1 ZONE PAGE 5 OF 7


Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of
the Act. This exemption does not apply to an application for a building or works within 30
metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for
a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for
a hospital or an education centre.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The movement of pedestrians and cyclists, and vehicles providing for supplies, waste
removal, emergency services and public transport.
ƒ The provision of car parking.
ƒ The interface with adjoining zones, especially the relationship with residential areas.
ƒ The streetscape, including the conservation of buildings, the design of verandahs, access
from the street front, protecting active frontages to pedestrian areas, the treatment of the
fronts and backs of buildings and their appurtenances, illumination of buildings or their
immediate spaces and the landscaping of land adjoining a road.
ƒ The storage of rubbish and materials for recycling.
ƒ Defining the responsibility for the maintenance of buildings, landscaping and paved
areas.
ƒ The availability of and connection to services.
ƒ The design of buildings to provide for solar access.
ƒ The objectives, standards and decision guidelines of Clause 54 and Clause 55. This does
not apply to a development of four or more storeys, excluding a basement.

Maintenance

All buildings and works must be maintained in good order and appearance to the
satisfaction of the responsible authority.

34.01-5 Neighbourhood and site description and design response


19/01/2006
VC37
An application for any of the following must be accompanied by a neighbourhood and site
description and a design response as described in Clause 54.01:
ƒ Construction or extension of one dwelling on a lot of less than 300 square metres.
ƒ Construction of a dwelling if there is at least one dwelling existing on the lot.
ƒ Construction of two or more dwellings on a lot.
ƒ Extension of a dwelling if there are two or more dwellings on the lot.
ƒ Construction or extension of a dwelling on common property.
ƒ Construction or extension of a residential building.

BUSINESS 1 ZONE PAGE 6 OF 7


Satisfactory neighbourhood and site description before notice and decision

The responsible authority must inform the applicant in writing:


ƒ Before notice of an application is given, or
ƒ If notice of an application is not required to be given, before deciding the application,
that the neighbourhood and site description meets the requirements of Clause 54.01 and is
satisfactory or does not meet the requirements of Clause 54.01 and is not satisfactory.
If the responsible authority decides that the neighbourhood and site description is not
satisfactory, it may require more information from the applicant under Section 54 of the
Act.
The responsible authority must not require notice of an application to be given or decide an
application until it is satisfied that the neighbourhood and site description meets the
requirements of Clause 54.01 and is satisfactory.
This does not apply if the responsible authority refuses an application under Section 52(1A)
of the Act.

34.01-6 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is in Category 1.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

BUSINESS 1 ZONE PAGE 7 OF 7


34.02 BUSINESS 2 ZONE
18/06/2010
VC62
Shown on the planning scheme map as B2Z.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To encourage the development of offices and associated commercial uses.

34.02-1 Table of uses


18/06/2010
VC62
Section 1 - Permit not required
USE CONDITION
Apiculture Must meet the requirements of the Apiary
Code of Practice, May 1997.

Caretaker's house

Carnival Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Circus Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Greenhouse gas sequestration Must meet the requirements of Clause


52.08-6.
Greenhouse gas sequestration exploration
Home occupation
Informal outdoor recreation
Mineral exploration

Mining Must meet the requirements of Clause 52.08-


2.

Minor utility installation


Natural systems

Office The combined leasable floor area for all


offices must not exceed any amount specified
in the schedule to this zone.

Postal agency
Railway
Road

Search for stone Must not be costeaning or bulk sampling.

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19.

Tramway

BUSINESS 2 ZONE PAGE 1 OF 7


Section 2 - Permit required

USE CONDITION
Accommodation (other than Caretaker's
house and Corrective institution)

Adult sex bookshop Must be at least 200 metres (measured by


the shortest route reasonably accessible on
foot) from a residential zone or Business 5
Zone, land used for a hospital, primary school
or secondary school or land in a Public
Acquisition Overlay to be acquired for a
hospital, primary school or secondary school.

The combined leasable floor area for all


shops must not exceed any amount specified
in the schedule to this zone.

Agriculture (other than Apiculture and


Intensive animal husbandry)

Industry Must not be a purpose listed in the table to


Clause 52.10.

Leisure and recreation (other than


Informal outdoor recreation, Major
sports and recreation facility, and Motor
racing track)
Mineral, stone, or soil extraction (other
than Extractive industry, Mineral
exploration, Mining, and Search for
stone)
Place of assembly (other than Carnival and
Circus)
Retail premises (other than Postal agency,
Shop, and Timber yard)

Shop (other than Adult sex bookshop) The combined leasable floor area for all
shops must not exceed any amount specified
in the schedule to this zone.

Utility installation (other than Minor utility


installation and Telecommunications
facility)

Warehouse Must not be a purpose listed in the table to


Clause 52.10.

Any other use not in Section 1 or 3

BUSINESS 2 ZONE PAGE 2 OF 7


Section 3 - Prohibited

USE
Corrective institution

Extractive industry

Intensive animal husbandry

Major sports and recreation facility

Motor racing track

Timber yard

34.02-2 Use of land


09/10/2006
VC42

Amenity of the neighbourhood

A use must not detrimentally affect the amenity of the neighbourhood, including through
the:

 Transport of materials, goods or commodities to or from the land.


 Appearance of any building, works or materials.
 Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot,
ash, dust, waste water, waste products, grit or oil.

Application requirements

An application to use land must be accompanied by the following information, as


appropriate:

 The purpose of the use and the types of activities which will be carried out.
 The likely effects, if any, on adjoining land, including noise levels, traffic, the hours of
delivery and dispatch of goods and materials, hours of operation and light spill, solar
access and glare.
 The means of maintaining land not required for immediate use.
 If an industry or warehouse:
 The type and quantity of goods to be stored, processed or produced.
 Whether a Works Approval or Waste Discharge Licence is required from the
Environment Protection Authority.
 Whether a notification under the Occupational Health and Safety (Major Hazard
Facilities) Regulations 2000 is required, a licence under the Dangerous Goods Act
1995 is required, or a fire protection quantity under the Dangerous Goods (Storage
and Handling) Regulations 2000 is exceeded.
 The likely effects on adjoining land, including air-borne emissions and emissions to
land and water.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

BUSINESS 2 ZONE PAGE 3 OF 7


 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The effect that existing uses may have on the proposed use.
 The drainage of the land.
 The availability of and connection to services.
 The effect of traffic to be generated on roads.
 The interim use of those parts of the land not required for the proposed use.

34.02-3 Subdivision
19/01/2006
VC37

Permit requirement

A permit is required to subdivide land.

Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of
the Act. This exemption does not apply to land within 30 metres of land (not a road) which
is in a residential zone or Business 5 Zone, land used for a hospital or an education centre or
land in a Public Acquisition Overlay to be acquired for a hospital or an education centre.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 Provision for vehicles providing for supplies, waste removal and emergency services
and public transport.
 The interface with adjoining zones, especially the relationship with residential areas.
 The effect the subdivision will have on the potential of the area to accommodate the uses
which will maintain or enhance its competitive strengths.

34.02-4 Buildings and works


30/08/2006
VC40

Permit requirement

A permit is required to construct a building or construct or carry out works. This includes
the internal rearrangement of a building if the maximum leasable floor area specified in the
schedule to this zone is exceeded.
This does not apply to:

 The installation of an automatic teller machine.


 An alteration to an existing building façade provided:
 The alteration does not include the installation of an external roller shutter.

BUSINESS 2 ZONE PAGE 4 OF 7


 At least 80 per cent of the building facade at ground floor level is maintained as an
entry or window with clear glazing.
 An awning that projects over a road if it is authorised by the relevant public land
manager.

Application requirements

An application to construct a building or construct or carry out works must be accompanied


by the following information, as appropriate:

 A plan drawn to scale which shows:


 The boundaries and dimensions of the site.
 Adjoining roads.
 The location, height and purpose of buildings and works on adjoining land.
 Relevant ground levels.
 The layout of existing and proposed buildings and works.
 All driveway, car parking and loading areas.
 Proposed landscape areas.
 All external storage and waste treatment areas.
 Areas not required for immediate use.
 Elevation drawings to scale showing the colour and materials of all buildings and works.
 Construction details of all drainage works, driveways, vehicle parking and loading areas.
 A landscape layout which includes the description of vegetation to be planted, the
surfaces to be constructed, site works specification and method of preparing, draining,
watering and maintaining the landscape area.

Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of
the Act. This exemption does not apply to an application for a building or works within 30
metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for a
hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a
hospital or an education centre.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The movement of pedestrians and cyclists, and vehicles providing for supplies, waste
removal, emergency services and public transport.
 The provision of car parking.
 The interface with adjoining zones, especially the relationship with residential areas.
 The streetscape, including the conservation of buildings, the design of verandahs, access
from the street front, protecting active frontages to pedestrian areas, the treatment of the

BUSINESS 2 ZONE PAGE 5 OF 7


fronts and backs of buildings and their appurtenances, illumination of buildings or their
immediate spaces and landscaping of land adjoining a road.
 The storage of rubbish and materials for recycling.
 Defining the responsibility for the maintenance of buildings, landscaping and paved
areas.
 The availability of and connection to services.
 The design of buildings to provide for solar access.
 The objectives, standards and decision guidelines of Clause 54 and Clause 55. This does
not apply to a development of four or more storeys, excluding a basement.

Maintenance

All buildings and works must be maintained in good order and appearance to the
satisfaction of the responsible authority.

34.02-5 Neighbourhood and site description and design response


19/01/2006
VC37
An application for any of the following must be accompanied by a neighbourhood and site
description and a design response as described in Clause 54.01:

 Construction or extension of one dwelling on a lot of less than 300 square metres.
 Construction of a dwelling if there is at least one dwelling existing on the lot.
 Construction of two or more dwellings on a lot.
 Extension of a dwelling if there are two or more dwellings on the lot.
 Construction or extension of a dwelling on common property.
 Construction or extension of a residential building.

Satisfactory neighbourhood and site description before notice and decision

The responsible authority must inform the applicant in writing:

 Before notice of an application is given; or


 If notice of an application is not required to be given, before deciding the application,
that the neighbourhood and site description meets the requirements of Clause 54.01 and is
satisfactory or does not meet the requirements of Clause 54.01 and is not satisfactory.
If the responsible authority decides that the neighbourhood and site description is not
satisfactory, it may require more information from the applicant under Section 54 of the
Act.
The responsible authority must not require notice of an application to be given or decide an
application until it is satisfied that the neighbourhood and site description meets the
requirements of Clause 54.01 and is satisfactory.
This does not apply if the responsible authority refuses an application under Section 52(1A)
of the Act.

34.02-6 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is in Category 2.

BUSINESS 2 ZONE PAGE 6 OF 7


Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

BUSINESS 2 ZONE PAGE 7 OF 7


34.03 BUSINESS 3 ZONE
18/06/2010
VC62
Shown on the planning scheme map as B3Z.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To encourage the integrated development of offices and manufacturing industries and
associated commercial and industrial uses.

34.03-1 Table of uses


18/06/2010
VC62
Section 1 - Permit not required

USE CONDITION

Apiculture Must meet the requirements of the Apiary


Code of Practice, May 1997.

Carnival Must meet the requirements of A 'Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Circus Must meet the requirements of A 'Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Greenhouse gas sequestration Must meet the requirements of Clause


52.08-6.
Greenhouse gas sequestration exploration
Home occupation

Industry (other than Materials recycling) Must not be a purpose shown with a Note 1 or
Note 2 in the table to Clause 52.10.

The land must be at least the following


distances from land (not a road) which is in a
residential zone, Business 5 Zone, Capital
City Zone or Docklands Zone, land used for a
hospital or an education centre or land in a
Public Acquisition Overlay to be acquired for
a hospital or an education centre:
 The threshold distance, for a purpose
listed in the table to Clause 52.10.
 30 metres, for a purpose not listed in the
table to Clause 52.10.
Informal outdoor recreation
Mail centre
Mineral exploration

Mining Must meet the requirements of Clause 52.08-


2.

Minor utility installation


Natural systems

BUSINESS 3 ZONE PAGE 1 OF 7


USE CONDITION

Office The combined leasable floor area for all


offices must not exceed any amount specified
in the schedule to this zone.

Postal agency
Railway
Road

Search for stone Must not be costeaning or bulk sampling.

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19

Tramway

Warehouse (other than Mail centre and Must not be a purpose shown with a Note 1 or
Shipping container storage) Note 2 in the table to Clause 52.10.

The land must be at least the following


distances from land (not a road) which is in a
residential zone, Business 5 Zone, Capital
City Zone or Docklands Zone, land used for a
hospital or an education centre or land in a
Public Acquisition Overlay to be acquired for
a hospital or an education centre:
 The threshold distance, for a purpose
listed in the table to Clause 52.10.
 30 metres, for a purpose not listed in the
table to Clause 52.10.

Section 2 - Permit required

USE CONDITION

Adult sex bookshop Must be at least 200 metres (measured by


the shortest route reasonably accessible on
foot) from a residential zone or Business 5
Zone, land used for a hospital, primary school
or secondary school or land in a Public
Acquisition Overlay to be acquired for a
hospital, primary school or secondary school.

Agriculture (other than Apiculture and


Intensive animal husbandry)
Caretaker's house
Convenience shop

Education centre Must not be a primary or secondary school.

Equestrian supplies
Leisure and recreation (other than
Informal outdoor recreation, Major
sports and recreation facility, and Motor
racing track)

Lighting shop Must be in one occupation with a leasable


floor area of at least the amount specified in
the schedule to this zone. If no amount is
specified, the leasable floor area must be at

BUSINESS 3 ZONE PAGE 2 OF 7


USE CONDITION
least 500 square metres.

Materials recycling

Mineral, stone, or soil extraction (other


than Extractive industry, Mineral
exploration, Mining, and Search for
stone)
Party supplies
Place of assembly (other than Carnival or
Circus)

Restricted retail premises (other than Must be in one occupation with a leasable
Equestrian supplies, Lighting shop, and floor area of at least the amount specified in
Party supplies) the schedule to this zone. If no amount is
specified, the leasable floor area must be at
least 1000 square metres.
Retail premises (other than Postal agency
and Shop)
Shipping container storage
Utility installation (other than Minor utility
installation and Telecommunications
facility)
Any other use not in Section 1 or 3

Section 3 - Prohibited

USE

Accommodation (other than Caretaker's house)

Extractive industry

Hospital

Intensive animal husbandry

Major sports and recreation facility

Motor racing track

Shop (other than Adult sex bookshop, Convenience shop, and Restricted retail
premises)

34.03-2 Use of land


09/10/2006
VC42

Amenity of the neighbourhood

A use must not detrimentally affect the amenity of the neighbourhood, including through
the:

 Transport of materials, goods or commodities to or from the land.


 Appearance of any building, works or materials.
 Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot,
ash, dust, waste water, waste products, grit or oil.

BUSINESS 3 ZONE PAGE 3 OF 7


Application requirements

An application to use land must be accompanied by the following information, as


appropriate:

 The purpose of the use and the types of activities which will be carried out.
 The likely effects, if any, on adjoining land, including noise levels, traffic, the hours of
delivery and despatch of goods or materials, hours of operation and light spill, solar
access and glare.
 The means of maintaining areas not required for immediate use.
 If an industry or warehouse:
 The type and quantity of goods to be stored, processed or produced.
 Whether a Works Approval, or Waste Discharge Licence is required from the
Environment Protection Authority.
 Whether a notification under the Occupational Health and Safety (Major Hazard
Facilities) Regulations 2000 is required, a licence under the Dangerous Goods Act
1995 is required, or a fire protection quantity under the Dangerous Goods (Storage
and Handling) Regulations 2000 is exceeded.
 The likely effects on adjoining land, including air-borne emissions and emissions to
land and water.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The effect that existing uses may have on the proposed use.
 The drainage of the land.
 The availability of and connection to services.
 The effect of traffic to be generated on roads.
 The interim use of those parts of the land not required for the proposed use.
 If an industry or warehouse, the effect that the use may have on nearby existing or
proposed residential areas or other uses which are sensitive to industrial off-site effects,
having regard to any comments or directions of the referral authorities.

34.03-3 Subdivision
19/01/2006
VC37

Permit requirement

A permit is required to subdivide land.

Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of
the Act. This exemption does not apply to land within 30 metres of land (not a road) which

BUSINESS 3 ZONE PAGE 4 OF 7


is in a residential zone or Business 5 Zone, land used for a hospital or an education centre or
land in a Public Acquisition Overlay to be acquired for a hospital or an education centre.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The effect the subdivision will have on the potential of the area to accommodate the uses
which will maintain or enhance its competitive strengths.
 Any natural or cultural values on or near the land.
 Streetscape character.
 Landscape treatment.
 The interface with adjoining zones, especially the relationship with residential areas.

34.03-4 Buildings and works


30/08/2006
VC40
Permit requirement

A permit is required to construct a building or construct or carry out works. This includes
the internal rearrangement of a building if the maximum leasable floor area specified in the
schedule to this zone is exceeded.
This does not apply to:

 The installation of an automatic teller machine.


 An alteration to an existing building façade provided:
 The alteration does not include the installation of an external roller shutter.
 At least 80 per cent of the building facade at ground floor level is maintained as an
entry or window with clear glazing.
 An awning that projects over a road if it is authorised by the relevant public land
manager.

Application requirements

An application to construct a building or construct or carry out works must be accompanied


by the following information, as appropriate:

 A plan drawn to scale which shows:


 The boundaries and dimensions of the site.
 Adjoining roads.
 The location, height and purpose of buildings and works on adjoining land.
 Relevant ground levels.
 The layout of existing and proposed buildings and works.
 All driveway, car parking and loading areas.
 Proposed landscape areas.
 All external storage and waste treatment areas.

BUSINESS 3 ZONE PAGE 5 OF 7


 Areas not required for immediate use.
 Elevation drawings to scale showing the colour and materials of all buildings and works.
 Construction details of all drainage works, driveways, vehicle parking and loading areas.
 A landscape layout which includes the description of vegetation to be planted, the
surfaces to be constructed, site works specification and method of preparing, draining,
watering and maintaining the landscape area.

Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of
the Act. This exemption does not apply to an application for a building or works within 30
metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for a
hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a
hospital or an education centre.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The movement of pedestrians and cyclists, and vehicles providing for supplies, waste
removal, emergency services and public transport.
 The provision of car parking.
 The streetscape, including the conservation of buildings, the design of verandahs, access
from the street front, protecting active frontages to pedestrian areas, the treatment of the
fronts and backs of buildings and their appurtenances, illumination of buildings or their
immediate spaces and landscaping of land adjoining a road.
 Defining the responsibility for the maintenance of buildings, landscaping and paved
areas.
 The availability of and connection to services.
 Any natural or cultural values on or nearby the land.
 Interface with non industrial areas.
 Outdoor storage, lighting, and storm water discharge.
 The design of buildings to provide for solar access.

Maintenance

All buildings and works must be maintained in good order and appearance to the
satisfaction of the responsible authority.

34.03-5 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is in Category 2.

BUSINESS 3 ZONE PAGE 6 OF 7


Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

BUSINESS 3 ZONE PAGE 7 OF 7


34.04 BUSINESS 4 ZONE
18/06/2010
VC62
Shown on the planning scheme map as B4Z.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To encourage the development of a mix of bulky goods retailing and manufacturing industry
and their associated business services.

34.04-1 Table of uses


18/06/2010
VC62
Section 1 - Permit not required
USE CONDITION
Apiculture Must meet the requirements of the Apiary
Code of Practice, May 1997.

Carnival Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Circus Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Electoral office May be used for only 4 months before an


election and 2 weeks after an election.

Equestrian supplies The combined leasable floor area for all


restricted retail premises must not exceed
any amount specified in the schedule to this
zone.

Greenhouse gas sequestration Must meet the requirements of Clause


52.08-6.
Greenhouse gas sequestration exploration
Industry (other than Materials recycling) Must not be a purpose shown with a Note 1 or
Note 2 in the table to Clause 52.10.

The land must be at least the following


distances from land (not a road) which is in a
residential zone, Business 5 Zone, Capital
City Zone or Docklands Zone, land used for a
hospital or an education centre or land in a
Public Acquisition Overlay to be acquired for
a hospital or an education centre:
 The threshold distance, for a purpose
listed in the table distance Clause 52.10.
 30 metres, for a purpose not listed in the
table to Clause 52.10.
Informal outdoor recreation

Lighting shop Must be in one occupation with a leasable


floor area of at least the amount specified in

BUSINESS 4 ZONE PAGE 1 OF 7


USE CONDITION
the schedule to this zone. If no amount is
specified, the leasable floor area must be at
least 500 square metres.

The combined leasable floor area for all


restricted retail premises must not exceed
any amount specified in the schedule to this
zone.

Mail centre
Mineral exploration

Mining Must meet the requirements of Clause 52.08-


2.

Minor utility installation


Natural systems

Party supplies The combined leasable floor area for all


restricted retail premises must not exceed
any amount specified in the schedule to this
zone.

Railway

Restricted retail premises (other than Must be in one occupation with a leasable
Equestrian supplies, Lighting shop, and floor area of at least the amount specified in
Party supplies) the schedule to this zone. If no amount is
specified, the leasable floor area must be at
least 1000 square metres.
The combined leasable floor area for all
restricted retail premises must not exceed
any amount specified in the schedule to this
zone.

Road

Search for stone Must not be costeaning or bulk sampling.

Service station The land must be at least 30 metres from


land (not a road) which is in a residential zone
or Business 5 Zone, land used for a hospital
or an education centre or land in a Public
Acquisition Overlay to be acquired for a
hospital or an education centre.

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19.

Trade supplies The combined leasable floor area for all trade
supplies must not exceed any amount
specified in the schedule to this zone.

Tramway

Warehouse (other than Mail centre and Must not be a purpose shown with a Note 1 or
Shipping container storage) Note 2 in the table to Clause 52.10.
The land must be at least the following
distances from land (not a road) which is a
residential zone, Business 5 Zone, Capital
City Zone or Docklands Zone, land used for

BUSINESS 4 ZONE PAGE 2 OF 7


USE CONDITION
a hospital or an education centre or land in a
Public Acquisition Overlay to be acquired for
a hospital or an education centre:
 The threshold distance, for a purpose
listed in the table to Clause 52.10.
 30 metres, for a purpose not listed in the
table to Clause 52.10.

Section 2 - Permit required

USE CONDITION

Adult sex bookshop Must be at least 200 metres (measured by


the shortest route reasonably accessible on
foot) from a residential zone or Business 5
Zone, land used for a hospital, primary school
or secondary school or land in a Public
Acquisition Overlay to be acquired for a
hospital, primary school or secondary school.
Agriculture (other than Apiculture and
Intensive animal husbandry)
Caretaker's house
Convenience shop
Education centre Must not be a primary or secondary school.

Leisure and recreation (other than


Informal outdoor recreation, Major
sports and recreation facility, and Motor
racing track)
Materials recycling
Mineral, stone, or soil extraction (other
than Extractive industry, Mineral
exploration, Mining, and Search for
stone)
Motel

Office (other than Electoral office) The leasable floor area must not exceed 500
square metres.

Place of assembly (other than Carnival and


Circus)
Retail premises (other than Shop and
Trade supplies)
Shipping container storage
Utility installation (other than Minor utility
installation and Telecommunications
facility)
Any other use not in Section 1 or 3

BUSINESS 4 ZONE PAGE 3 OF 7


Section 3 - Prohibited

USE

Accommodation (other than Caretaker's house and Motel )

Extractive industry

Hospital

Intensive animal husbandry

Major sports and recreation facility

Motor racing track

Shop (other than Adult sex bookshop, Convenience shop, and Restricted retail
premises)

34.04-2 Use of land


09/10/2006
VC42

Amenity of the neighbourhood

A use must not detrimentally affect the amenity of the neighbourhood, including through
the:

 Transport of materials, goods or commodities to or from the land.


 Appearance of any building, works or materials.
 Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot,
ash, dust, waste water, waste products, grit or oil.

Application requirements

An application to use land must be accompanied by the following information, as


appropriate:

 The purpose of the use and the types of activities which will be carried out.
 The likely effects, if any, on nearby land including noise levels, traffic, the hours of
delivery and despatch of goods and materials, hours of operation and light spill, solar
access and glare.
 The means of maintaining areas not required for immediate use.
 If an industry or warehouse:
 The type and quantity of goods to be stored, processed or produced.
 Whether a Works Approval, or Waste Discharge Licence is required from the
Environment Protection Authority.
 Whether a notification under the Occupational Health and Safety (Major Hazard
Facilities) Regulations 2000 is required, a licence under the Dangerous Goods Act
1995 is required, or a fire protection quantity under the Dangerous Goods (Storage
and Handling) Regulations 2000 is exceeded.
 The likely effects on adjoining land, including air-borne emissions and emissions to
land and water.

BUSINESS 4 ZONE PAGE 4 OF 7


Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The effect that existing uses may have on the proposed use.
 The drainage of the land.
 The availability of and connection to services.
 The effect of traffic to be generated on roads.
 The interim use of those parts of the land not required for the proposed use.
 If an industry or warehouse, the effect that the use may have on nearby existing or
proposed residential areas or other uses which are sensitive to industrial off-site effects,
having regard to any comments or directions of the referral authorities.

34.04-3 Subdivision
19/01/2006
VC37

Permit requirement

A permit is required to subdivide land.

Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of
the Act. This exemption does not apply to land within 30 metres of land (not a road) which
is in a residential zone or Business 5 Zone, land used for a hospital or an education centre or
land in a Public Acquisition Overlay to be acquired for a hospital or an education centre.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The effect the subdivision will have on the potential of the area to accommodate the uses
which will maintain or enhance its competitive strengths.
 Any natural or cultural values on or near the land.
 Streetscape character.
 Landscape treatment.
 The interface with adjoining zones, especially the relationship with residential areas.

BUSINESS 4 ZONE PAGE 5 OF 7


34.04-4 Buildings and works
30/08/2006
VC40

Permit requirement

A permit is required to construct a building or construct or carry out works. This includes
the internal rearrangement of a building if the maximum leasable floor area specified in the
schedule to this zone is exceeded.
This does not apply to:

 The installation of an automatic teller machine.


 An alteration to an existing building façade provided:
 The alteration does not include the installation of an external roller shutter.
 At least 80 per cent of the building facade at ground floor level is maintained as an
entry or window with clear glazing.
 An awning that projects over a road if it is authorised by the relevant public land
manager.

Application requirements

An application to construct a building or construct or carry out works must be accompanied


by the following information, as appropriate:

 A plan drawn to scale which shows:


 The boundaries and dimensions of the site.
 Adjoining roads.
 The location, height and purpose of buildings and works on adjoining land.
 Relevant ground levels.
 The layout of existing and proposed buildings and works.
 All driveway, car parking and loading areas.
 Proposed landscape areas.
 All external storage and waste treatment areas.
 Areas not required for immediate use.
 Elevation drawings to scale showing the colour and materials of all buildings and works.
 Construction details of all drainage works, driveways, vehicle parking and loading areas.
 A landscape layout which includes the description of vegetation to be planted, the
surfaces to be constructed, site works specification and method of preparing, draining,
watering and maintaining the landscape area.

Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of
the Act. This exemption does not apply to an application for a building or works within 30
metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for a
hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a
hospital or an education centre.

BUSINESS 4 ZONE PAGE 6 OF 7


Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The movement of pedestrians and cyclists, and vehicles providing for supplies, waste
removal, emergency services and public transport.
 The provision of car parking.
 The streetscape, including the conservation of buildings, the design of verandahs, access
from the street front, protecting active frontages to pedestrian areas, the treatment of the
fronts and backs of buildings and their appurtenances, including outdoor advertising
structures, illumination of buildings or their immediate spaces and landscaping of land
adjoining a road.
 Defining the responsibility for the maintenance of buildings, landscaping and paved
areas.
 The availability of and connection to services.
 Any natural or cultural values on or near the land.
 Interface with non industrial areas.
 Outdoor storage, lighting and storm water discharge.
 The design of buildings to provide for solar access.

Maintenance

All buildings and works must be maintained in good order and appearance to the
satisfaction of the responsible authority.

34.04-5 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is in Category 1.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

BUSINESS 4 ZONE PAGE 7 OF 7


34.05 BUSINESS 5 ZONE
18/06/2010
VC62
Shown on the planning scheme map as B5Z.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To encourage the development of offices or multi-dwelling units with common access from
the street.

34.05-1 Table of uses


18/06/2010
VC62
Section 1 - Permit not required
USE CONDITION
Apiculture Must meet the requirements of the Apiary
Code of Practice, May 1997.

Caretaker's house

Carnival Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Circus Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Dwelling (other than Must not be in the same building as an office.


Bed and breakfast and Caretaker's
house)

Greenhouse gas sequestration Must meet the requirements of Clause


52.08-6.
Greenhouse gas sequestration exploration
Home occupation
Informal outdoor recreation
Mineral exploration

Mining Must meet the requirements of Clause 52.08-


2.

Minor utility installation


Natural systems

Office Must not be in the same building as a dwelling


(other than a caretaker’s house).

Railway
Road

Search for stone Must not be costeaning or bulk sampling.

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19.

Tramway

BUSINESS 5 ZONE PAGE 1 OF 6


Section 2 - Permit required
USE CONDITION
Accommodation (other than Corrective
institution and Dwelling)
Agriculture (other than Animal keeping,
Animal training, Apiculture, Horse
stables, and Intensive animal husbandry)
Bed and breakfast
Convenience shop
Leisure and recreation (other than Informal
outdoor recreation, Major sports and
recreation facility, and Motor racing
track)
Mineral, stone, or soil extraction (other
than Extractive industry, Mineral
exploration, Mining, and Search for
stone)
Place of assembly (other than Carnival and
Circus)
Plant nursery
Retail premises (other than Landscape
gardening supplies, Shop and Trade
supplies)

Service station The site must either:


• Adjoin another business zone or industrial
zone.
• Adjoin, or have access to, a road in a
Road Zone.
The site must not exceed either:

• 3000 square metres.


• 3600 square metres if it adjoins on two
boundaries a road in a Road Zone.
Utility installation (other than Minor utility
installation and Telecommunications
facility)

Any other use not in Section 1 or 3

Section 3 - Prohibited
USE
Animal keeping

Animal training

Brothel

Corrective institution

Extractive industry

Horse stables

Industry

BUSINESS 5 ZONE PAGE 2 OF 6


USE
Intensive animal husbandry

Landscape gardening supplies (other than Plant nursery)

Major sports and recreation facility

Motor racing track

Shop (other than Convenience shop)

Trade supplies

Transport terminal

Warehouse

34.05-2 Use of land


19/01/2006
VC37

Amenity of the neighbourhood

A use must not detrimentally affect the amenity of the neighbourhood, including through
the:

ƒ Transport of materials, goods or commodities to or from the land.


ƒ Appearance of any building, works or materials.
ƒ Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot,
ash, dust, waste water, waste products, grit or oil.

Application requirements

An application to use land must be accompanied by the following information, as


appropriate:

ƒ The purpose of the use and the types of activities which will be carried out.
ƒ The likely effects, if any, on adjoining land including noise levels, traffic, the hours of
delivery and dispatch of goods and materials, hours of operation and light spill, solar
access and glare.
ƒ Maintenance of areas not required for immediate use.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The effect that existing uses may have on the proposed use.
ƒ The drainage of the land.
ƒ The availability of and connection to services.
ƒ The effect of traffic to be generated on roads.
ƒ The interim use of those parts of the land not required for the proposed use.

BUSINESS 5 ZONE PAGE 3 OF 6


34.05-3 Subdivision
19/01/2006
VC37

Permit requirement

A permit is required to subdivide land.

Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1)
of the Act. This exemption does not apply to land within 30 metres of land (not a road)
which is in a residential zone, land used for a hospital or an education centre or land in a
Public Acquisition Overlay to be acquired for a hospital or an education centre.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Provision for vehicles providing for supplies, waste removal and emergency services
and public transport.
ƒ The interface with adjoining zones, especially the relationship with residential areas.
ƒ The effect the subdivision will have on the potential of the area to accommodate the
uses which will maintain or enhance its competitive strengths.

34.05-4 Buildings and works


30/08/2006
VC40

Permit requirement

A permit is required to construct a building or construct or carry out works.


This does not apply to:

ƒ The installation of an automatic teller machine.


ƒ An alteration to an existing building façade provided:
‚ The alteration does not include the installation of an external roller shutter.
‚ At least 80 per cent of the building facade at ground floor level is maintained as an
entry or window with clear glazing.
ƒ An awning that projects over a road if it is authorised by the relevant public land
manager.

Application requirements

An application to construct a building or construct or carry out works must be accompanied


by the following information, as appropriate:

ƒ A plan drawn to scale which shows:


‚ The boundaries and dimensions of the site.
‚ Adjoining roads.

BUSINESS 5 ZONE PAGE 4 OF 6


‚ The location, height and purpose of buildings and works on adjoining land.
‚ Relevant ground levels.
‚ The layout of existing and proposed buildings and works.
‚ All driveway, car parking and loading areas.
‚ Proposed landscape areas.
‚ All external storage and waste treatment areas.
‚ Areas not required for immediate use.
ƒ Elevation drawings to scale showing the colour and materials of all buildings and
works.
ƒ Construction details of all drainage works, driveways, vehicle parking and loading
areas.
ƒ A landscape layout which includes the description of vegetation to be planted, the
surfaces to be constructed, site works specification and method of preparing, draining,
watering and maintaining the landscape area.

Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1)
of the Act. This exemption does not apply to an application for a building or works within
30 metres of land (not a road) which is in a residential zone, land used for a hospital or an
education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an
education centre.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The movement of pedestrians and cyclists, and vehicles providing for supplies, waste
removal, emergency services and public transport.
ƒ The provision of car parking for customers, staff and residents.
ƒ The interface with adjoining zones, especially the relationship with residential areas.
ƒ The streetscape, including the conservation of buildings, access from the street front,
protecting active frontages to pedestrian areas, the treatment of the fronts and backs of
buildings and their appurtenances, illumination of buildings or their immediate spaces
and landscaping of land adjoining a road.
ƒ The storage of rubbish and materials for recycling.
ƒ Defining the responsibility for the maintenance of buildings, landscaping and paved
areas.
ƒ The availability of and connection to services.
ƒ The design of buildings to provide for solar access.
ƒ The objectives, standards and decision guidelines of Clause 54 and Clause 55. This
does not apply to a development of four or more storeys, excluding a basement.

BUSINESS 5 ZONE PAGE 5 OF 6


Maintenance

All buildings and works must be maintained in good order and appearance to the
satisfaction of the responsible authority.

34.05-5 Neighbourhood and site description and design response


19/01/2006
VC37
An application for any of the following must be accompanied by a neighbourhood and site
description and a design response as described in Clause 54.01:

ƒ Construction or extension of one dwelling on a lot of less than 300 square metres.
ƒ Construction of a dwelling if there is at least one dwelling existing on the lot.
ƒ Construction of two or more dwellings on a lot.
ƒ Extension of a dwelling if there are two or more dwellings on the lot.
ƒ Construction or extension of a dwelling on common property.
ƒ Construction or extension of a residential building.

Satisfactory neighbourhood and site description before notice and decision

The responsible authority must inform the applicant in writing:

ƒ Before notice of an application is given, or


ƒ If notice of an application is not required to be given, before deciding the application,
that the neighbourhood and site description meets the requirements of Clause 54.01 and
is satisfactory or does not meet the requirements of Clause 54.01 and is not satisfactory.
If the responsible authority decides that the neighbourhood and site description is not
satisfactory, it may require more information from the applicant under Section 54 of the
Act.
The responsible authority must not require notice of an application to be given or decide an
application until it is satisfied that the neighbourhood and site description meets the
requirements of Clause 54.01 and is satisfactory.
This does not apply if the responsible authority refuses an application under Section
52(1A) of the Act.

34.05-6 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is in Category 3.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

BUSINESS 5 ZONE PAGE 6 OF 6


35 RURAL ZONES
19/01/2006
VC37

RURAL ZONE PAGE 1 OF 1


35.03 RURAL LIVING ZONE
18/06/2010
VC62
Shown on the planning scheme map as RLZ with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To provide for residential use in a rural environment.
To provide for agricultural land uses which do not adversely affect the amenity of
surrounding land uses.
To protect and enhance the natural resources, biodiversity and landscape and heritage
values of the area.
To encourage use and development of land based on comprehensive and sustainable land
management practices and infrastructure provision.

35.03-1 Table of uses


18/06/2010
VC62
Section 1 - Permit not required

USE CONDITION

Animal keeping (other than Animal Must be no more than 2 animals.


boarding)

Apiculture Must meet the requirements of the Apiary Code


of Practice, May 1997.

Bed and breakfast No more than 6 persons may be


accommodated away from their normal place of
residence.

At least 1 car parking space must be provided


for each 2 persons able to be accommodated
away from their normal place of residence.

Carnival Must meet the requirements of A ‘Good


Circus Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Dependent person's unit Must be the only dependent person’s unit on


the lot.

Must meet the requirements of Clause 35.03-2.

Dwelling (other than Bed and The lot must be at least the area specified in a
breakfast) schedule to this zone. If no area is specified,
the lot must be at least 8 hectares.

Must be the only dwelling on the lot.

Must meet the requirements of Clause 35.03-2.

Greenhouse gas sequestration Must meet the requirements of Clause 52.08-6.

Greenhouse gas sequestration


exploration

RURAL LIVING ZONE PAGE 1 OF 6


USE CONDITION

Home occupation
Informal outdoor recreation
Mineral exploration

Mining Must meet the requirements of Clause 52.08-2.

Minor utility installation


Natural systems
Railway
Road

Search for stone Must not be costeaning or bulk sampling.

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19.

Tramway

Section 2 - Permit required

USE CONDITION

Accommodation (other than Dependent


person’s unit and Dwelling)
Agriculture (other than Animal keeping,
Apiculture, Intensive animal
husbandry and Timber production)

Animal boarding

Car park Must be used in conjunction with another use in


Section 1 or 2.

Community market

Convenience shop The leasable floor area must not exceed 80


square metres.

The site must not have direct access to a rural


freeway.

Dependent person’s unit - if the Must meet the requirements of Clause 35.03-2.
Section 1 condition is not met
Dwelling (other than Bed and
breakfast) - if the Section 1 condition
is not met

Freeway service centre Must meet the requirements of Clause 52.30.

Hotel The site must not have direct access to a rural


freeway.

RURAL LIVING ZONE PAGE 2 OF 6


USE CONDITION

Leisure and recreation (other than


Informal outdoor recreation and
Motor racing track)
Medical centre
Mineral, stone, or soil extraction (other
than Mineral exploration, Mining, and
Search for stone)
Place of assembly (other than
Amusement parlour, Carnival, Circus,
and Nightclub)

Plant nursery
Postal agency
Primary produce sales

Restaurant The site must not have direct access to a rural


freeway.

Rural industry (other than Abattoir and


Sawmill)

Service station The site must either:


• Adjoin a business zone or industrial zone.
• Adjoin, or have access to, a road in a Road
Zone.
The site must not exceed either:
• 3000 square metres.
• 3600 square metres if it adjoins on two
boundaries a road in a Road Zone.
The site must not have direct access to a rural
freeway.

Store Must be in a building, not a dwelling, and used


to store equipment, goods, or motor vehicles
used in conjunction with the occupation of a
resident of a dwelling on the lot.

Tavern The site must not have direct access to a rural


freeway.

Timber production Must meet the requirements of Clause 52.18.

Utility installation (other than Minor


utility installation and
Telecommunications facility)
Any other use not in Section 1 or 3

Section 3 - Prohibited

USE

Abattoir

Amusement parlour

Brothel

Cinema based entertainment facility

RURAL LIVING ZONE PAGE 3 OF 6


USE

Industry (other than Rural Industry)

Intensive animal husbandry

Motor racing track

Nightclub

Office (other than Medical centre)

Retail premises (other than Community market, Convenience shop, Hotel, Plant
nursery, Postal agency, Primary produce sales, Restaurant and Tavern)

Saleyard

Sawmill

Transport terminal

Warehouse (other than Store)

35.03-2 Use of land for a dwelling


19/01/2006
VC37
A lot used for a dwelling must meet the following requirements:

ƒ Access to the dwelling must be provided via an all-weather road with dimensions
adequate to accommodate emergency vehicles.
ƒ The dwelling must be connected to a reticulated sewerage system or if not available,
the waste water must be treated and retained on-site in accordance with the State
Environment Protection Policy (Waters of Victoria) under the Environment
Protection Act 1970.
ƒ The dwelling must be connected to a reticulated potable water supply or have an
alternative potable water supply with adequate storage for domestic use as well as for
fire fighting purposes.
ƒ The dwelling must be connected to a reticulated electricity supply or have an
alternative energy source.
These requirements also apply to a dependent person’s unit.

35.03-3 Subdivision
19/01/2006
VC37
A permit is required to subdivide land.
Each lot must be at least the area specified for the land in a schedule to this zone. If no
area is specified, each lot must be at least 8 hectares.
A permit may be granted to create smaller lots if any of the following apply:

ƒ The subdivision is the re-subdivision of existing lots and the number of lots is not
increased. An agreement under Section 173 of the Act must be entered into with the
owner of each lot created which ensures that the land may not be further subdivided
so as to increase the number of lots. The agreement must be registered on title.
ƒ The number of lots is no more than the number the land could be subdivided into in
accordance with a schedule to this zone. An agreement under Section 173 of the Act
must be entered into with the owner of each lot created which ensures that the land
may not be further subdivided so as to increase the number of lots. The agreement
must be registered on title.
ƒ The subdivision is by a public authority or utility service provider to create a lot for a
utility installation.

RURAL LIVING ZONE PAGE 4 OF 6


35.03-4 Buildings and works
15/09/2008
VC49
A permit is required to construct or carry out any of the following:

ƒ A building or works associated with a use in Section 2 of Clause 35.03-1. This does
not apply to:
ƒ An alteration or extension to an existing dwelling provided the floor area of the
alteration or extension is not more than the area specified in a schedule to this
zone or, if no area is specified, 50 square metres. Any area specified must be more
than 50 square metres.
ƒ An out-building associated with an existing dwelling provided the floor area of
the out-building is not more than the area specified in a schedule to this zone or, if
no area is specified, 50 square metres. Any area specified must be more than 50
square metres.
ƒ An alteration or extension to an existing building used for agriculture provided the
floor area of the alteration or extension is not more than the area specified in the
schedule to this zone or, if no area is specified, 50 square metres. Any area
specified must be more than 50 square metres. The building must not be used to
keep, board, breed or train animals.
ƒ A rainwater tank.
ƒ Earthworks specified in a schedule to this zone, if on land specified in a schedule.
ƒ A building which is within any of the following setbacks:
ƒ The setback from a Road Zone Category 1 or land in a Public Acquisition Overlay
to be acquired for a road, Category 1 specified in the schedule to this zone or, if
no setback is specified, 30 metres.
ƒ The setback from any other road or boundary specified in the schedule to this
zone.
ƒ The distance from a dwelling not in the same ownership specified in the schedule
to this zone.
ƒ 100 metres from a waterway, wetlands or designated flood plain.

35.03-5 Decision guidelines


19/01/2006
VC37
Before deciding on an application to use or subdivide land, construct a building or
construct or carry out works, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

General issues

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any Regional Catchment Strategy and associated plan applying to the land.
ƒ The capability of the land to accommodate the proposed use or development.
ƒ Whether the site is suitable for the use or development and whether the proposal is
compatible with adjoining and nearby land uses.

Agricultural issues

ƒ The capacity of the site to sustain the agricultural use.


ƒ Any integrated land management plan prepared for the site.

RURAL LIVING ZONE PAGE 5 OF 6


ƒ The potential for the future expansion of the use or development and the impact of
this on adjoining and nearby agricultural and other land uses.

Environmental issues

ƒ The impact on the natural physical features and resources of the area and in particular
any impact caused by the proposal on soil and water quality and by the emission of
noise, dust and odours.
ƒ The impact of the use or development on the flora, fauna and landscape features of
the locality.
ƒ The need to protect and enhance the biodiversity of the area, including the need to
retain vegetation and faunal habitat and the need to revegetate land including riparian
buffers along waterways, gullies, ridgelines, property boundaries and saline discharge
and recharge area.
ƒ The location of on-site effluent disposal areas to minimise the impact of nutrient
loads on waterways and native vegetation.

Design and siting issues

ƒ The impact of the siting, design, height, bulk, colours and materials to be used, on the
natural environment, major roads, vistas and water features and the measures to be
undertaken to minimise any adverse impacts.
ƒ The impact on the character and appearance of the area or features of architectural,
historic or scientific significance or of natural scenic beauty or importance.
ƒ The location and design of existing and proposed infrastructure including roads, gas,
water, drainage, telecommunications and sewerage facilities.
ƒ Whether the use or development will require traffic management measures.

35.03-6 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is in Category 3.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

RURAL LIVING ZONE PAGE 6 OF 6


35.04 GREEN WEDGE ZONE
18/06/2010
VC62
Shown on the planning scheme map as GWZ with a number (if shown).

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To recognise, protect and conserve green wedge land for its agricultural, environmental,
historic, landscape, recreational and tourism opportunities, and mineral and stone
resources.
To encourage use and development that is consistent with sustainable land management
practices.
To encourage sustainable farming activities and provide opportunity for a variety of
productive agricultural uses.
To protect, conserve and enhance the cultural heritage significance and the character of
open rural and scenic non-urban landscapes.
To protect and enhance the biodiversity of the area.

35.04-1 Table of uses


18/06/2010
VC62
Section 1 - Permit not required
USE CONDITION

Animal keeping (other than Animal Must be no more than 5 animals.


boarding)

Apiculture Must meet the requirements of the Apiary Code


of Practice, May 1997.

Bed and breakfast No more than 6 persons may be


accommodated away from their normal place of
residence.
At least 1 car parking space must be provided
for each 2 persons able to be accommodated
away from their normal place of residence.

Carnival Must meet the requirements of A ‘Good


Circus Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Crop raising (other than Rice growing


and Timber production)
Extensive animal husbandry
Greenhouse gas sequestration Must meet the requirements of Clause 52.08-6.

Greenhouse gas sequestration


exploration
Home occupation
Informal outdoor recreation
Mineral exploration

Mining Must meet the requirements of Clause 52.08-2.

Minor utility installation

GREEN WEDGE ZONE PAGE 1 OF 8


USE CONDITION
Natural systems
Railway
Road

Search for stone Must not be costeaning or bulk sampling.

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19.

Tramway

Section 2 - Permit required


USE CONDITION

Agriculture (other than Animal


keeping, Apiculture, Broiler farm,
Cattle feedlot, Crop raising and
Extensive animal husbandry)
Animal boarding

Broiler farm Must meet the requirements of Clause 52.31.

Camping and caravan park

Car park Must be used in conjunction with another use in


Section 1 or 2.

Cattle feedlot Must meet the requirements of Clause 52.26.

The site must be located outside a catchment


area listed in Appendix 2 of the Victorian Code
for Cattle Feedlots – August 1995.

Corrective institution

Dependent person’s unit Must be the only dependent person’s unit on


the lot.

Must meet the requirements of Clause 35.04-2.

Dwelling (other than Bed and Must be the only dwelling on the lot. This does
breakfast) not apply to the replacement of an existing
dwelling if the existing dwelling is removed or
altered (so it can no longer be used as a
dwelling) within one month of the occupation of
the replacement dwelling.

Must meet the requirements of Clause 35.04-2.

Exhibition centre

Freeway service centre Must meet the requirements of Clause 52.30.

Freezing and cool storage The goods stored must be agricultural produce,
or products used in agriculture.

Function centre Must be used in conjunction with Agriculture,


Outdoor recreation facility, Rural industry, or
Winery.

The number of patrons present at any time


must not exceed the number specified in a

GREEN WEDGE ZONE PAGE 2 OF 8


USE CONDITION
schedule to the zone or 150 patrons, whichever
is the lesser.

The lot on which the use is conducted must be


at least the minimum subdivision area specified
in a schedule to this zone. If no area is
specified, the lot must be at least 40 hectares.

Group accommodation Must be used in conjunction with Agriculture,


Outdoor recreation facility, Rural industry, or
Winery.
The number of dwellings must not exceed the
number specified in a schedule to the zone or
40 dwellings, whichever is the lesser.
The lot on which the use is conducted must be
at least the minimum subdivision area specified
in a schedule to this zone. If no area is
specified, the lot must be at least 40 hectares.

Hall
Host farm

Indoor recreation facility Must be for equestrian based leisure,


recreation, or sport.

Leisure and recreation (other than


Indoor recreation facility, Informal
outdoor recreation, Major sports and
recreation facility, and Motor racing
track)

Major sports and recreation facility Must be for outdoor leisure, recreation, or sport.

Manufacturing sales Must be an incidental part of Rural industry.

Market

Materials recycling Must be used in conjunction with Refuse


disposal or Refuse transfer station.

Must not include the collecting, dismantling,


storing, recycling or selling of used or scrap
construction and demolition materials.

Milk depot
Mineral, stone, or soil extraction
(other than Mineral exploration,
Mining, and Search for stone)
Place of worship
Plant nursery
Primary produce sales
Refuse disposal
Refuse transfer station Must not include the collecting, storing or
processing of used or scrap construction and
demolition materials.

Research and development centre Must be used in conjunction with Agriculture,


Research centre Natural systems, Rural industry, or Winery.

The lot on which the use is conducted must be

GREEN WEDGE ZONE PAGE 3 OF 8


USE CONDITION
at least the minimum subdivision area specified
in a schedule to this zone. If no area is
specified, the lot must be at least 40 hectares.

Residential building (other than Must be used in conjunction with Agriculture,


Residential hotel) Outdoor recreation facility, Rural industry, or
Winery.

Must be used to provide accommodation for


persons away from their normal place of
residence.

The lot on which the use is conducted must be


at least the minimum subdivision area specified
in a schedule to this zone. If no area is
specified, the lot must be at least 40 hectares.

Residential hotel Must be used in conjunction with Agriculture,


Outdoor recreation facility, Rural industry, or
Winery.

The number of bedrooms must not exceed the


number specified in a schedule to the zone or
80 bedrooms, whichever is the lesser.

The lot on which the use is conducted must be


at least the minimum subdivision area specified
in a schedule to this zone. If no area is
specified, the lot must be at least 40 hectares.

Restaurant Must be used in conjunction with Agriculture,


Outdoor recreation facility, Rural industry, or
Winery.

The number of patrons present must not


exceed the number specified in a schedule to
the zone or 150 patrons, whichever is the
lesser.
If used in conjunction with Function centre, the
total number of patrons present at any time
must not exceed the number specified in a
schedule to the zone or 150 patrons, whichever
is the lesser.

The lot on which the use is conducted must be


at least the minimum subdivision area specified
in a schedule to this zone. If no area is
specified, the lot must be at least 40 hectares.

Restricted place of assembly Must not be used for more than 30 days in a
calendar year.

Rice growing
Rural industry
Rural store
Solid fuel depot

Timber production Must meet the requirements of Clause 52.18.

Utility installation (other than Minor


utility installation and

GREEN WEDGE ZONE PAGE 4 OF 8


USE CONDITION
Telecommunications facility)
Vehicle store
Any other use not in Section 1 or 3

Section 3 - Prohibited
USE

Accommodation (other than Camping and caravan park, Corrective institution,


Dependent person’s unit, Dwelling, Group accommodation, Host farm, and
Residential building)
Brothel
Child care centre
Cinema based entertainment facility
Display home
Education centre
Funeral parlour
Hospital
Industry (other than Materials recycling, Refuse disposal, Refuse transfer station,
Research and development centre, and Rural industry)
Motor racing track
Office
Place of assembly (other than Carnival, Circus, Exhibition centre, Function centre,
Hall, Place of worship, and Restricted place of assembly)
Retail premises (other than Manufacturing sales, Market, Plant nursery, Primary
produce sales, and Restaurant)
Service station
Warehouse (other than Freezing and cool storage, Milk depot, Rural store, Solid fuel
depot, and Vehicle store)

35.04-2 Use of land for a dwelling


19/01/2006
VC37
A lot used for a dwelling must meet the following requirements:

ƒ Access to the dwelling must be provided via an all-weather road with dimensions
adequate to accommodate emergency vehicles.
ƒ The dwelling must be connected to a reticulated sewerage system or if not available, the
waste water must be treated and retained on-site in accordance with the State
Environment Protection Policy (Waters of Victoria) under the Environment Protection
Act 1970.
ƒ The dwelling must be connected to a reticulated potable water supply or have an
alternative potable water supply with adequate storage for domestic use as well as for
fire fighting purposes.
ƒ The dwelling must be connected to a reticulated electricity supply or have an alternative
energy source.
These requirements also apply to a dependent person’s unit.

35.04-3 Subdivision
19/01/2006
VC37
A permit is required to subdivide land.
Each lot must be at least the area specified for the land in a schedule to this zone. If no area
is specified, each lot must be at least 40 hectares.
A permit may be granted to create smaller lots if any of the following apply:

GREEN WEDGE ZONE PAGE 5 OF 8


ƒ The subdivision is the re-subdivision of existing lots, the number of lots is not
increased, and the number of dwellings that the land could be used for does not
increase. An agreement under Section 173 of the Act must be entered into with the
owner of each lot created which ensures that the land may not be further subdivided so
as to increase the number of lots. The agreement must be registered on title. The
requirement to enter into an agreement only applies to a lot which could be further
subdivided in accordance with this scheme.
ƒ The subdivision is by a public authority or utility service provider to create a lot for a
utility installation.

35.04-4 Long term lease or licence for Accommodation


31/10/2006
VC43
A permit is required to lease or license a portion of a lot for a period of more than 10 years
if the portion is to be leased or licensed for the purpose of Accommodation.
Each portion of a lot leased or licensed for the purpose of Accommodation must be at least
the minimum subdivision area specified for the land in a schedule to this zone. If no area is
specified, each portion of a lot leased or licensed for the purpose of Accommodation must
be at least 40 hectares.

35.04-5 Buildings and works


15/09/2008
VC49
A permit is required to construct or carry out any of the following:

ƒ A building or works associated with a use in Section 2 of Clause 35.04-1. This does not
apply to:
‚ An alteration or extension to an existing dwelling with a floor area of no more than
the area specified in a schedule to this zone or, if no area is specified, 50 square
metres.
‚ An alteration or extension to an existing building used for agriculture with a floor
area of no more than the area specified in a schedule to this zone or, if no area is
specified, 100 square metres. The building must not be used to keep, board, breed or
train animals.
‚ A rainwater tank.
ƒ Earthworks specified in a schedule to this zone, if on land specified in a schedule.
ƒ A building which is within any of the following setbacks:
ƒ 100 metres from a Road Zone Category 1 or land in a Public Acquisition Overlay to
be acquired for a road, Category 1.
ƒ 40 metres from a Road Zone Category 2 or land in a Public Acquisition Overlay to
be acquired for a road, Category 2.
ƒ 20 metres from any other road.
ƒ 5 metres from any other boundary.
ƒ 100 metres from a dwelling not in the same ownership.
ƒ 100 metres from a waterway, wetlands or designated flood plain.

35.04-6 Decision guidelines


17/09/2007
VC45
Before deciding on an application to use or subdivide land, lease or license a portion of a
lot for a period of more than 10 years if the portion is to be leased or licensed for the
purpose of Accommodation, construct a building or construct or carry out works, in
addition to the decision guidelines in Clause 65, the responsible authority must consider, as
appropriate:

GREEN WEDGE ZONE PAGE 6 OF 8


General issues

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any Regional Catchment Strategy and associated plan applying to the land.
ƒ The capability of the land to accommodate the proposed use or development.
ƒ How the use or development relates to rural land use, rural diversification, natural
resource management, natural or cultural heritage management, recreation or tourism.
ƒ Whether the site is suitable for the use or development and the compatibility of the
proposal with adjoining land uses.
ƒ Whether the use or development is essential to the health, safety or well-being of the
State or area but is not appropriate to locate in an urban area because of the effect it
may have on existing or proposed urban areas or the effect that existing or proposed
urban areas may have on the proposed use or development.
ƒ The need to minimise adverse impacts on the character and appearance of the area or
features of architectural, scientific or cultural heritage significance, or of natural scenic
beauty.

Rural issues

ƒ The maintenance of agricultural production and the impact on the rural economy.
ƒ The environmental capacity of the site to sustain the rural enterprise.
ƒ The need to prepare an integrated land management plan.
ƒ The impact on the existing and proposed rural infrastructure.
ƒ The potential for the future expansion of the use or development and the impact of this
on adjoining and nearby agriculture and other land uses.
ƒ The protection and retention of land for future sustainable agricultural activities.

Environmental issues

ƒ The impact of the use or development on the flora and fauna on the site and its
surrounds.
ƒ The need to protect and enhance the biodiversity of the area, including the retention of
vegetation and faunal habitat and the need to revegetate land including riparian buffers
along waterways, gullies, ridgelines, property boundaries and saline discharge and
recharge area.
ƒ How the use or development relates to sustainable land management and the need to
prepare an integrated land management plan.
ƒ The location of on site effluent disposal areas to minimise impact of nutrient loads on
waterways and native vegetation.

Design and siting issues

ƒ The need to minimise any adverse impacts of siting, design, height, bulk, and colours
and materials to be used, on landscape features, major roads and vistas.
ƒ The location and design of existing and proposed infrastructure services which
minimises the visual impact on the landscape.

GREEN WEDGE ZONE PAGE 7 OF 8


ƒ The need to minimise adverse impacts on the character and appearance of the area or
features of archaeological, historic or scientific significance or of natural scenic beauty
or importance.

35.04-7 Advertising signs

Advertising sign requirements are at Clause 52.05. This zone is in Category 3.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

GREEN WEDGE ZONE PAGE 8 OF 8


35.05 GREEN WEDGE A ZONE
18/06/2010
VC62
Shown on the planning scheme map as GWAZ with a number (if shown).

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To protect, conserve and enhance the biodiversity, natural resources, scenic landscapes
and heritage values of the area.
To ensure that use and development promotes sustainable land management practices
and infrastructure provision.
To protect, conserve and enhance the cultural heritage significance and the character of
rural and scenic non-urban landscapes.
To recognise and protect the amenity of existing rural living areas.

35.05-1 Table of uses


18/06/2010
VC62
Section 1 - Permit not required

USE CONDITION

Animal keeping (other than Animal Must be no more than 2 animals.


boarding)

Apiculture Must meet the requirements of the Apiary Code


of Practice, May 1997.

Bed and breakfast No more than 6 persons may be


accommodated away from their normal place of
residence.

At least 1 car parking space must be provided


for each 2 persons able to be accommodated
away from their normal place of residence.

Carnival Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Circus
Carnival, October 1997.

Greenhouse gas sequestration Must meet the requirements of Clause 52.08-6.

Greenhouse gas sequestration


exploration

Home occupation

Informal outdoor recreation

Mineral exploration

Mining Must meet the requirements of Clause 52.08-2.

Minor utility installation

Natural systems

Railway

Road

GREEN WEDGE A ZONE PAGE 1 OF 8


USE CONDITION

Search for stone Must not be costeaning or bulk sampling.

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19.

Tramway

Section 2 - Permit required

USE CONDITION

Agriculture (other than Animal


keeping, Apiculture, Intensive animal
husbandry and Timber production)

Animal boarding

Camping and Caravan Park

Car park Must be used in conjunction with another use in


Section 1 or 2.

Community market

Corrective institution

Dependent person’s unit Must be the only dependent person’s unit on


the lot.

Must meet the requirements of Clause 35.05-2.

Dwelling (other than Bed and Must be the only dwelling on the lot. This does
breakfast) not apply to the replacement of an existing
dwelling if the existing dwelling is removed or
altered (so it can no longer be used as a
dwelling) within one month of the occupation of
the replacement dwelling.

Must meet the requirements of Clause 35.05-2.

Exhibition centre

Freeway service centre Must meet the requirements of Clause 52.30.

Freezing and cool storage The goods stored must be agricultural produce,
or products used in agriculture.

Must be in a building, not a dwelling, and used


to store equipment, goods, or motor vehicles
used in conjunction with the occupation of a
resident of a dwelling on the lot.

Function centre Must be used in conjunction with Agriculture,


Outdoor recreation facility, Rural industry, or
Winery.

The number of patrons present at any time


must not exceed the number specified in a
schedule to the zone or 150 patrons, whichever
is the lesser.

The lot on which the use is conducted must be


at least the minimum subdivision area specified

GREEN WEDGE A ZONE PAGE 2 OF 8


USE CONDITION
in a schedule to this zone. If no area is
specified, the lot must be at least 8 hectares.

Group accommodation Must be used in conjunction with Agriculture,


Outdoor recreation facility, Rural industry, or
Winery.

The number of dwellings must not exceed the


number specified in a schedule to the zone or
40 dwellings, whichever is the lesser.

The lot on which the use is conducted must be


at least the minimum subdivision area specified
in a schedule to this zone. If no area is
specified, the lot must be at least 8 hectares.

Hall

Host farm

Indoor recreation facility Must be for equestrian based leisure,


recreation, or sport.

Leisure and recreation (other than


Informal outdoor recreation, Indoor
recreation facility, Major sports and
recreation facility, and Motor racing
track)

Major sports and recreation facility Must be for outdoor leisure, recreation, or sport.

Mineral, stone, or soil extraction


(other than Mineral exploration,
Mining, and Search for stone)

Place of worship

Plant nursery

Primary produce sales

Research centre Must be used in conjunction with Agriculture,


Natural systems, Rural industry, or Winery.

The lot on which the use is conducted must be


at least the minimum subdivision area specified
in a schedule to this zone. If no area is
specified, the lot must be at least 8 hectares.

Residential building (other than Must be used in conjunction with Agriculture,


Residential hotel) Outdoor recreation facility, Rural industry, or
Winery.

Must be used to provide accommodation for


persons away from their normal place of
residence.

The lot on which the use is conducted must be


at least the minimum subdivision area specified
in a schedule to this zone. If no area is
specified, the lot must be at least 8 hectares.

GREEN WEDGE A ZONE PAGE 3 OF 8


USE CONDITION

Restaurant Must be used in conjunction with Agriculture,


Outdoor recreation facility, Rural industry, or
Winery.

The number of patrons present must not


exceed the number specified in a schedule to
the zone or 150 patrons, whichever is the
lesser.

If used in conjunction with Function centre, the


total number of patrons present at any time
must not exceed the number specified in a
schedule to the zone or 150 patrons, whichever
is the lesser.
The lot on which the use is conducted must be
at least the minimum subdivision area specified
in a schedule to this zone. If no area is
specified, the lot must be at least 8 hectares.
Restricted place of assembly Must not be used for more than 30 days in a
calendar year.

Rural industry (other than Abattoir


and Sawmill)

Rural store Must be in a building, not a dwelling, and used


to store equipment, goods, or motor vehicles
used in conjunction with the occupation of a
resident of a dwelling on the lot.

Timber production Must meet the requirements of Clause 52.18.

Utility installation (other than Minor


utility installation and
Telecommunications facility)

Vehicle store Must be in a building not a dwelling and used to


store motor vehicles used in conjunction with
the occupation of a resident of a dwelling on
the lot.

Any other use not in Section 1 or 3

Section 3- Prohibited

USE

Abattoir

Accommodation (other than Camping and caravan park, Corrective institution,


Dependant person’s unit, Dwelling, Group accommodation, Host farm, and
Residential building)

Brothel

Child care centre

Cinema based entertainment facility

Display home

GREEN WEDGE A ZONE PAGE 4 OF 8


USE

Education centre

Funeral parlour

Hospital

Industry (other than Rural industry)

Intensive animal husbandry

Motor racing track

Office

Place of assembly ( other than Carnival, Circus, Exhibition centre, Function centre,
Hall, Place of worship, and Restricted place of assembly)

Retail premises (other than Community market, Plant nursery, Primary produce
sales and Restaurant)

Saleyard

Sawmill

Service station

Transport terminal

Warehouse (other than Freezing and cool storage, Rural store, and Vehicle store )

35.05-2 Use of land for a dwelling


19/01/2006
VC37
A lot used for a dwelling must meet the following requirements:

ƒ Access to the dwelling must be provided via an all-weather road with dimensions
adequate to accommodate emergency vehicles.
ƒ The dwelling must be connected to a reticulated sewerage system or if not available,
the waste water must be treated and retained on-site in accordance with the State
Environment Protection Policy (Waters of Victoria) under the Environment
Protection Act 1970.
ƒ The dwelling must be connected to a reticulated potable water supply or have an
alternative potable water supply with adequate storage for domestic use as well as for
fire fighting purposes.
ƒ The dwelling must be connected to a reticulated electricity supply or have an
alternative energy source.
These requirements also apply to a dependent person’s unit.

35.05-3 Subdivision
19/01/2006
VC37
A permit is required to subdivide land.
Each lot must be at least the area specified for the land in a schedule to this zone. If no
area is specified, each lot must be at least 8 hectares.

ƒ A permit may be granted to create smaller lots if any of the following apply:
ƒ The subdivision is the re-subdivision of existing lots, the number of lots is not
increased, and the number of dwellings that the land could be used for does not
increase. An agreement under section 173 of the Act must be entered into with the
owner of each lot created which ensures that the land may not be further subdivided
so as to increase the number of lots. The agreement must be registered on title. The

GREEN WEDGE A ZONE PAGE 5 OF 8


requirement to enter into an agreement only applies to a lot which could be further
subdivided in accordance with this scheme.
ƒ The subdivision is by a public authority or utility service provider to create a lot for a
utility installation.

35.05-4 Long term lease or licence for Accommodation


31/10/2006
VC43
A permit is required to lease or license a portion of a lot for a period of more than 10
years if the portion is to be leased or licensed for the purpose of Accommodation.
Each portion of a lot leased or licensed for the purpose of Accommodation must be at
least the minimum subdivision area specified for the land in a schedule to this zone. If
no area is specified, each portion of a lot leased or licensed for the purpose of
Accommodation must be at least 8 hectares.

35.05-5 Buildings and works


15/09/2008
VC49
A permit is required to construct or carry out any of the following:

ƒ A building or works associated with a use in Section 2 of Clause 35.05-1. This does
not apply to:
ƒ An alteration or extension to an existing dwelling with a floor area of no more
than the area specified in a schedule to this zone or, if no area is specified, 50
square metres.
ƒ A rainwater tank.
ƒ Earthworks specified in a schedule to this zone, if on land specified in a schedule.
ƒ A building which is within any of the following setbacks:
ƒ 30 metres from a Road Zone Category 1 or land in a Public Acquisition Overlay
to be acquired for a road, Category 1.
ƒ 20 metres from a Road Zone Category 2 or land in a Public Acquisition Overlay
to be acquired for a road, Category 2.
ƒ 10 metres from any other road.
ƒ 5 metres from any other boundary.
ƒ 30 metres from a dwelling not in the same ownership.
ƒ 100 metres from a waterway, wetlands or designated flood plain.

35.05-6 Decision guidelines


17/09/2007
VC45
Before deciding on an application to use or subdivide land, lease or license a portion of a
lot for a period of more than 10 years if the portion is to be leased or licensed for the
purpose of Accommodation, construct a building or construct or carry out works, in
addition to the decision guidelines in Clause 65, the responsible authority must consider,
as appropriate:

General issues

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any Regional Catchment Strategy and associated plan applying to the land.

GREEN WEDGE A ZONE PAGE 6 OF 8


ƒ The capability of the land to accommodate the proposed use or development,
addressing site quality attributes including soil type, soil fertility, soil structure, soil
permeability, aspect, contour and drainage patterns.
ƒ How the use or development relates to agricultural land use, rural diversification and
natural resource management.
ƒ Whether the site is suitable for the use or development and whether the proposal will
have an adverse impact on surrounding land uses.
ƒ The need to protect the amenity of existing residents.
ƒ The need to minimise adverse impacts on the character and appearance of the area or
features of architectural, scientific or cultural heritage significance, or of natural
scenic beauty or importance.

Rural issues

ƒ The maintenance of agricultural production and the impact on the local rural
economy.
ƒ The need to prepare an integrated land management plan.
ƒ The impact on the existing and proposed rural infrastructure.
ƒ The potential for the future expansion of the use or development and the impact of
this on adjoining and nearby agricultural and other land uses.
ƒ Protection and retention of land for future sustainable agricultural activities.

Environmental issues

ƒ The impact of the use or development on the flora and fauna on the site and its
surrounds.
ƒ An assessment of the likely environmental impact on the natural physical features and
resources of the area and in particular any impact caused by the proposal on soil and
water quality and by the emission of effluent, noise, dust and odours.
ƒ The need to protect and enhance the biodiversity of the area, including the retention
of vegetation and fauna habitat and the revegetation of land including riparian buffers
along waterways, gullies, ridge lines, property boundaries and saline recharge and
discharge areas.
ƒ How the use or development relates to sustainable land management and the need to
prepare a sustainable land management plan.
ƒ The location of on site effluent disposal areas to minimise impact of nutrient loads on
waterways and native vegetation.

Design and siting issues

ƒ The need to minimise adverse impacts of the siting, design, height, bulk, colours and
materials to be used on major roads, landscape features and vistas.
ƒ The location and design of existing and proposed infrastructure services including
gas, water, drainage, telecommunications and sewerage facilities which minimise the
visual impact on the landscape.
ƒ The location and design of existing and proposed roads and their impact on the
landscape and whether the use or development will require traffic management
programs.

GREEN WEDGE A ZONE PAGE 7 OF 8


35.05-7 Advertising signs
31/10/2006
VC43
Advertising sign requirements are at Clause 52.05. This zone is in Category 3.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

GREEN WEDGE A ZONE PAGE 8 OF 8


35.06 RURAL CONSERVATION ZONE
18/06/2010
VC62
Shown on the planning scheme map as RCZ with a number (if shown).

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To conserve the values specified in the schedule to this zone.
To protect and enhance the natural environment and natural processes for their historic,
archaeological and scientific interest, landscape, faunal habitat and cultural values.
To protect and enhance natural resources and the biodiversity of the area.
To encourage development and use of land which is consistent with sustainable land
management and land capability practices, and which takes into account the conservation
values and environmental sensitivity of the locality.
To provide for agricultural use consistent with the conservation of environmental and
landscape values of the area.
To conserve and enhance the cultural significance and character of open rural and scenic
non urban landscapes.

35.06-1 Table of uses


18/06/2010
VC62
Section 1 - Permit not required
USE CONDITION

Animal keeping (other than Animal Must be no more than 2 animals.


boarding)

Apiculture Must meet the requirements of the Apiary


Code of Practice, May 1997.

Bed and breakfast No more than 6 persons may be


accommodated away from their normal place
of residence.

At least 1 car parking space must be provided


for each 2 persons able to be accommodated
away from their normal place of residence.

Carnival Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Circus
Carnival, October 1997.

Geothermal energy extraction Must meet the requirements of Clause 52.08-


4

Greenhouse gas sequestration Must meet the requirements of Clause


52.08-6.

Greenhouse gas sequestration


exploration

Home occupation

Informal outdoor recreation

Mineral exploration

RURAL CONSERVATION ZONE PAGE 1 OF 7


USE CONDITION

Mining Must meet the requirements of Clause 52.08-


2.

Minor utility installation

Natural systems

Railway

Road

Search for stone Must not be costeaning or bulk sampling.

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19.

Tramway

Section 2 - Permit required


USE CONDITION

Agriculture (other than Animal keeping,


Apiculture, Intensive animal husbandry,
and Timber production)

Car park Must be used in conjunction with another use


in Section 1 or 2.

Community market

Dependent person’s unit Must be the only dependent person’s unit on


the lot.

Must meet the requirements of Clause 35.06-


2.

Dwelling (other than Bed and breakfast) Must be the only dwelling on the lot. This
does not apply to the replacement of an
existing dwelling if the existing dwelling is
removed or altered (so it can no longer be
used as a dwelling) within one month of the
occupation of the replacement dwelling.

Must meet the requirements of Clause 35.06-


2.

Emergency services facility

Freezing and cool storage The goods stored must be agricultural


produce, or products used in agriculture.

Group accommodation Must be used in conjunction with Agriculture,


Rural industry, or Winery.

Must be no more than 6 dwellings.

The lot on which the use is conducted must


be at least the minimum subdivision area
specified in a schedule to this zone. If no
area is specified, the lot must be at least 40
hectares. This condition only applies to land
in Metropolitan Melbourne.

RURAL CONSERVATION ZONE PAGE 2 OF 7


USE CONDITION

Host farm

Interpretation centre

Mineral, stone or soil extraction (other


than Mineral exploration, Geothermal
energy extraction, Mining, and Search for
stone)

Plant nursery

Pleasure boat facility

Primary produce sales

Renewable energy facility (other than Must meet the requirements of Clause 52.42.
Wind energy facility)

Residential hotel Must be used in conjunction with Agriculture,


Rural industry, or Winery.

The number of bedrooms must not exceed


the number specified in a schedule to the
zone or 80 bedrooms, whichever is the lesser.

The lot on which the use is conducted must


be at least the minimum subdivision area
specified in a schedule to this zone. If no
area is specified, the lot must be at least 40
hectares. This condition only applies to land
in Metropolitan Melbourne.

Restaurant Must be used in conjunction with Agriculture,


Rural industry, or Winery.

The number of patrons present must not


exceed the number specified in a schedule to
the zone or 150 patrons, whichever is the
lesser.

The lot on which the use is conducted must


be at least the minimum subdivision area
specified in a schedule to this zone. If no
area is specified, the lot must be at least 40
hectares. This condition only applies to land
in Metropolitan Melbourne.

Rural industry (other than Abattoir and


Sawmill)

Rural store

Timber production Must meet the requirements of Clause 52.18.

Utility installation (other than Minor utility


installation and Telecommunications
facility)

Wind energy facility Must meet the requirements of Clause 52.32.

Winery

RURAL CONSERVATION ZONE PAGE 3 OF 7


Section 3 - Prohibited
USE

Abattoir

Accommodation (other than Dependent person’s unit, Dwelling, Group


accommodation, Host farm, and Residential hotel)

Animal boarding

Industry (other than Rural industry)

Intensive animal husbandry

Leisure and recreation (other than Informal outdoor recreation)

Retail premises (other than Community market, Plant nursery, Primary produce
sales, and Restaurant)

Place of assembly (other than Carnival and Circus)

Sawmill

Warehouse (other than Freezing and cool storage, and Rural store)

Any other use not in Section 1 or 2

35.06-2 Use of land for a dwelling


19/01/2006
VC37
A lot used for a dwelling must meet the following requirements:

ƒ Access to the dwelling must be provided via an all-weather road with dimensions
adequate to accommodate emergency vehicles.
ƒ The dwelling must be connected to a reticulated sewerage system or if not available,
the waste water must be treated and retained on-site in accordance with the State
Environment Protection Policy (Waters of Victoria) under the Environment
Protection Act 1970.
ƒ The dwelling must be connected to a reticulated potable water supply or have an
alternative potable water supply with adequate storage for domestic use as well as for
fire fighting purposes.
ƒ The dwelling must be connected to a reticulated electricity supply or have an
alternative energy source.
These requirements also apply to a dependent person’s unit.

35.06-3 Subdivision
19/01/2006
VC37
A permit is required to subdivide land.
Each lot must be at least the area specified for the land in a schedule to this zone. If no
area is specified, each lot must be at least 40 hectares.
A permit may be granted to create smaller lots if any of the following apply:

ƒ The subdivision is the re-subdivision of existing lots, the number of lots is not
increased, and the number of dwellings that the land could be used for does not
increase. An agreement under Section 173 of the Act must be entered into with the
owner of each lot created which ensures that the land may not be further subdivided
so as to increase the number of lots. The agreement must be registered on title. The
requirement to enter into an agreement only applies to a lot which could be further
subdivided in accordance with this scheme.

RURAL CONSERVATION ZONE PAGE 4 OF 7


ƒ The subdivision is by a public authority or utility service provider to create a lot for a
utility installation.

35.06-4 Long term lease or licence for Accommodation


31/10/2006
VC43
A permit is required to lease or license a portion of a lot for a period of more than 10
years if the portion is to be leased or licensed for the purpose of Accommodation.
Each portion of a lot leased or licensed for the purpose of Accommodation must be at
least the area specified as the minimum subdivision area for the land in a schedule to this
zone. If no area is specified, each portion of a lot leased or licensed for the purpose of
Accommodation must be at least 40 hectares.
This provision only applies to land in Metropolitan Melbourne.

35.06-5 Buildings and works


15/09/2008
VC49
A permit is required to construct or carry out any of the following:

ƒ A building or works associated with a use in Section 2 of Clause 35.06-1. This does
not apply to:
ƒ An alteration or extension to an existing dwelling provided the floor area of the
alteration or extension does not exceed the area specified in a schedule to this
zone or, if no area is specified, 50 square metres. Any area specified must be more
than 50 square metres.
ƒ An out-building associated with an existing dwelling provided the floor area of
the out-building does not exceed the area specified in a schedule to this zone or, if
no area is specified, 50 square metres. Any area specified must be more than 50
square metres.
ƒ An alteration or extension to an existing building used for agriculture provided the
floor area of the alteration of extension does not exceed the area specified in a
schedule to this zone or, if no area is specified, 50 square metres. Any area
specified must be more than 50 square metres. The building must not be used to
keep, board, breed or train animals.
ƒ A rainwater tank.
ƒ Earthworks specified in a schedule to this zone, if on land specified in a schedule.
ƒ A building which is within any of the following setbacks:
ƒ 100 metres from a Road Zone Category 1 or land in a Public Acquisition Overlay
to be acquired for a road, Category 1.
ƒ 40 metres from a Road Zone Category 2 or land in a Public Acquisition Overlay
to be acquired for a road, Category 2.
ƒ 20 metres from any other road.
ƒ 5 metres from any other boundary.
ƒ 100 metres from a dwelling not in the same ownership.
ƒ 100 metres from a waterway, wetlands or designated flood plain.

35.06-6 Decision guidelines


31/10/2006
VC43
Before deciding on an application to use or subdivide land, lease or license a portion of a
lot for a period of more than 10 years if the portion is to be leased or licensed for the
purpose of Accommodation, construct a building or construct or carry out works, in
addition to the decision guidelines in Clause 65, the responsible authority must consider,
as appropriate:

RURAL CONSERVATION ZONE PAGE 5 OF 7


General issues

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any Regional Catchment Strategy and associated plan applying to the land.
ƒ The capability of the land to accommodate the proposed use or development.
ƒ How the use or development conserves the values identified for the land in the
schedule.
ƒ Whether use or development protects and enhances the environmental, agricultural
and landscape qualities of the site and its surrounds.
ƒ Whether the site is suitable for the use or development and the compatibility of the
proposal with adjoining land uses.

Rural issues

ƒ The environmental capacity of the site to sustain the rural enterprise.


ƒ The need to prepare an integrated land management plan.
ƒ The impact on the existing and proposed infrastructure.
ƒ Whether the use or development will have an adverse impact on surrounding land
uses.

Environmental issues

ƒ An assessment of the likely environmental impact on the biodiversity and in


particular the flora and fauna of the area.
ƒ The protection and enhancement of the natural environment of the area, including the
retention of vegetation and faunal habitats and the need to revegetate land including
riparian buffers along waterways, gullies, ridgelines, property boundaries and saline
discharge and recharge areas.
ƒ How the use and development relates to sustainable land management and the need to
prepare an integrated land management plan which addresses the protection and
enhancement of native vegetation and waterways, stabilisation of soil and pest plant
and animal control.
ƒ The location of on site effluent disposal areas to minimise the impact of nutrient loads
on waterways and native vegetation.

Design and siting issues

ƒ The need to minimise any adverse impacts of siting, design, height, bulk, and colours
and materials to be used, on landscape features, major roads and vistas.
ƒ The location and design of existing and proposed infrastructure services which
minimises the visual impact on the landscape.
ƒ The need to minimise adverse impacts on the character and appearance of the area or
features of archaeological, historic or scientific significance or of natural scenic
beauty or importance.
ƒ The location and design of roads and existing and proposed infrastructure services to
minimise the visual impact on the landscape.

35.06-7 Advertising signs


31/10/2006
VC43
Advertising sign requirements are at Clause 52.05. This zone is in Category 4.

RURAL CONSERVATION ZONE PAGE 6 OF 7


Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

RURAL CONSERVATION ZONE PAGE 7 OF 7


35.07 FARMING ZONE
18/06/2010
VC62
Shown on the planning scheme map as FZ with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To provide for the use of land for agriculture.
To encourage the retention of productive agricultural land.
To ensure that non-agricultural uses, particularly dwellings, do not adversely affect the
use of land for agriculture.
To encourage use and development of land based on comprehensive and sustainable land
management practices and infrastructure provision.
To protect and enhance natural resources and the biodiversity of the area.

35.07-1 Table of uses


18/06/2010
VC62
Section 1 – Permit not required
USE CONDITION

Agriculture (other than Animal


keeping, Apiculture, Intensive
animal husbandry, Rice growing and
Timber production)

Animal keeping (other than Animal Must be no more than 5 animals.


boarding)

Apiculture Must meet the requirements of the Apiary Code


of Practice, May 1997.

Bed and breakfast No more than 6 persons may be


accommodated away from their normal place of
residence.

At least 1 car parking space must be provided


for each 2 persons able to be accommodated
away from their normal place of residence.

Cattle feedlot Must meet the requirements of Clause 52.26.

The total number of cattle to be housed in the


cattle feedlot must be 1000 or less.

The site must be located outside a special


water supply catchment under the Catchment
and Land Protection Act 1994.

The site must be located outside a catchment


area listed in Appendix 2 of the Victorian Code
for Cattle Feedlots – August 1995.

Carnival Must meet the requirements of A ‘Good


Circus Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

FARMING ZONE PAGE 1 OF 7


USE CONDITION

Dependent person’s unit Must be the only dependent person’s unit on


the lot.

Must meet the requirements of Clause 35.07-2.

Dwelling (other than Bed and Must be the only dwelling on the lot.
breakfast)
The lot must be at least the area specified in a
schedule to this zone. If no area is specified,
the lot must be at least 40 hectares.

Must meet the requirements of Clause 35.07-2.

Geothermal energy extraction Must meet the requirements of Clause 52.08-4

Greenhouse gas sequestration Must meet the requirements of Clause 52.08-6.

Greenhouse gas sequestration


exploration

Home occupation
Informal outdoor recreation
Mineral exploration

Mining Must meet the requirements of Clause 52.08-2.

Minor utility installation


Natural systems
Railway
Road

Search for stone Must not be costeaning or bulk sampling.

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19.

Timber production Must meet the requirements of Clause 52.18.

The plantation area must not exceed any area


specified in a schedule to this zone. Any area
specified must be at least 40 hectares.

The total plantation area (existing and


proposed) on contiguous land which was in the
same ownership on or after 28 October 1993
must not exceed any scheduled area.

The plantation must not be within 100 metres


of:

• Any dwelling in separate ownership.


• Any land zoned for residential, business or
industrial use.
• Any site specified on a permit which is in
force which permits a dwelling to be
constructed.
The plantation must not be within 20 metres of
a powerline whether on private or public land,
except with the consent of the relevant
electricity supply or distribution authority.

Tramway

FARMING ZONE PAGE 2 OF 7


Section 2 – Permit required
USE CONDITION

Animal boarding

Broiler farm Must meet the requirements of Clause 52.31.

Car park Must be used in conjunction with another use in


Section 1 or 2.

Cattle feedlot – if the Section 1 Must meet the requirements of Clause 52.26.
condition is not met
The site must be located outside a catchment
area listed in Appendix 2 of the Victorian Code
for Cattle Feedlots – August 1995.

Cemetery
Community market
Crematorium

Dependent person’s unit – if the Must meet the requirements of Clause 35.07-2.
Section 1 condition is not met
Dwelling (other than Bed and
breakfast) – if the Section 1 condition
is not met

Emergency services facility

Freeway service centre Must meet the requirements of Clause 52.30.

Freezing and cool storage

Group accommodation Must be used in conjunction with Agriculture,


Outdoor recreation facility, Rural industry, or
Winery.
Must be no more than 6 dwellings.

Host farm
Intensive animal husbandry (other than
Broiler farm and Cattle feedlot)
Interpretation centre
Leisure and recreation (other than
Informal outdoor recreation and
Motor racing track)
Manufacturing sales
Mineral, stone, or soil extraction (other
than Mineral exploration, Geothermal
energy extraction, Mining, and
Search for stone)

Place of assembly (other than Carnival Must not be used for more than 10 days in a
and Circus) calender year.

Primary produce sales

Renewable energy facility (other than Must meet the requirements of Clause 52.42.
Wind energy facility)
Residential hotel Must be used in conjunction with Agriculture,
Restaurant Outdoor recreation facility, Rural industry, or
Winery.

Rice growing
Rural industry

FARMING ZONE PAGE 3 OF 7


USE CONDITION
Rural store
Saleyard

Store (other than Freezing and cool Must be in a building, not a dwelling, and used
storage and Rural store) to store equipment, goods, or motor vehicles
used in conjunction with the occupation of a
resident of a dwelling on the lot.

Timber production – if the Section 1 Must meet the requirements of Clause 52.18.
condition is not met

Utility installation (other than Minor


utility installation and
Telecommunications facility)
Veterinary centre
Wind energy facility Must meet the requirements of Clause 52.32.
Winery

Section 3 - Prohibited
USE

Accommodation (other than Dependent person’s unit, Dwelling, Group


accommodation, Host farm and Residential hotel)
Industry (other than Rural industry)
Motor racing track
Retail premises (other than Community market, Manufacturing sales, Primary
produce sales and Restaurant)
Warehouse (other than Store)
Any other use not in Section 1 or 2

35.07-2 Use of land for a dwelling


19/01/2006
VC37
A lot used for a dwelling must meet the following requirements:

ƒ Access to the dwelling must be provided via an all-weather road with dimensions
adequate to accommodate emergency vehicles.
ƒ The dwelling must be connected to a reticulated sewerage system or if not available,
the waste water must be treated and retained on-site in accordance with the State
Environment Protection Policy (Waters of Victoria) under the Environment
Protection Act 1970.
ƒ The dwelling must be connected to a reticulated potable water supply or have an
alternative potable water supply with adequate storage for domestic use as well as for
fire fighting purposes.
ƒ The dwelling must be connected to a reticulated electricity supply or have an
alternative energy source.
These requirements also apply to a dependent person’s unit.

35.07-3 Subdivision
19/01/2006
VC37
A permit is required to subdivide land.
Each lot must be at least the area specified for the land in a schedule to this zone. If no
area is specified, each lot must be at least 40 hectares.

FARMING ZONE PAGE 4 OF 7


A permit may be granted to create smaller lots if any of the following apply:

ƒ The subdivision is to create a lot for an existing dwelling. The subdivision must be a
two lot subdivision. An agreement under Section 173 of the Act must be entered into
with the owner of each lot created which ensures that the land may not be further
subdivided so as to create a smaller lot for an existing dwelling. The agreement must
be registered on title.
ƒ The subdivision is the re-subdivision of existing lots and the number of lots is not
increased. An agreement under Section 173 of the Act must be entered into with the
owner of each lot created which ensures that the land may not be further subdivided
so as to increase the number of lots. The agreement must be registered on title.
ƒ The subdivision is by a public authority or utility service provider to create a lot for a
utility installation.

35.07-4 Buildings and works


15/09/2008
VC49
A permit is required to construct or carry out any of the following:

ƒ A building or works associated with a use in Section 2 of Clause 35.07-1. This does
not apply to:
‚ An alteration or extension to an existing dwelling provided the floor area of the
alteration or extension is not more than the area specified in a schedule to this
zone or, if no area is specified, 50 square metres. Any area specified must be more
than 50 square metres.
‚ An out-building associated with an existing dwelling provided the floor area of
the out-building is not more than the area specified in a schedule to this zone or, if
no area is specified, 50 square metres. Any area specified must be more than 50
square metres.
‚ An alteration or extension to an existing building used for agriculture provided the
floor area of the alteration or extension is not more than the area specified in the
schedule to this zone or, if no area is specified, 100 square metres. Any area
specified must be more than 100 square metres. The building must not be used to
keep, board, breed or train animals.
‚ A rainwater tank.
ƒ Earthworks specified in a schedule to this zone, if on land specified in a schedule.
ƒ A building which is within any of the following setbacks:
ƒ The setback from a Road Zone Category 1 or land in a Public Acquisition Overlay
to be acquired for a road, Category 1 specified in a schedule to this zone or, if no
setback is specified, 50 metres.
ƒ The setback from any other road or boundary specified in a schedule to this zone.
ƒ The setback from a dwelling not in the same ownership specified in a schedule to
this zone.
ƒ 100 metres from a waterway, wetlands or designated flood plain.

35.07-5 Application requirements for dwellings


19/01/2006
VC37
An application to use a lot for a dwelling must be accompanied by a written statement
which explains how the proposed dwelling responds to the decision guidelines for
dwellings in the zone.

FARMING ZONE PAGE 5 OF 7


35.07-6 Decision guidelines
19/01/2006
VC37
Before deciding on an application to use or subdivide land, construct a building or
construct or carry out works, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

General issues

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any Regional Catchment Strategy and associated plan applying to the land.
ƒ The capability of the land to accommodate the proposed use or development,
including the disposal of effluent.
ƒ How the use or development relates to sustainable land management.
ƒ Whether the site is suitable for the use or development and whether the proposal is
compatible with adjoining and nearby land uses.

Agricultural issues

ƒ Whether the use or development will support and enhance agricultural production.
ƒ Whether the use or development will permanently remove land from agricultural
production.
ƒ The potential for the use or development to limit the operation and expansion of
adjoining and nearby agricultural uses.
ƒ The capacity of the site to sustain the agricultural use.
ƒ The agricultural qualities of the land, such as soil quality, access to water and access
to rural infrastructure.
ƒ Any integrated land management plan prepared for the site.

Dwelling issues

ƒ Whether the dwelling will result in the loss or fragmentation of productive


agricultural land.
ƒ Whether the dwelling is reasonably required for the operation of the agricultural
activity conducted on the land.
ƒ Whether the dwelling will be adversely affected by agricultural activities on adjacent
and nearby land due to dust, noise, odour, use of chemicals and farm machinery,
traffic and hours of operation.
ƒ Whether the dwelling will adversely affect the operation and expansion of adjoining
and nearby agricultural uses.
ƒ The potential for the proposal to lead to a concentration or proliferation of dwellings
in the area and the impact of this on the use of the land for agriculture.

Environmental issues

ƒ The impact of the proposal on the natural physical features and resources of the area,
in particular on soil and water quality.
ƒ The impact of the use or development on the flora and fauna on the site and its
surrounds.

FARMING ZONE PAGE 6 OF 7


ƒ The need to protect and enhance the biodiversity of the area, including the retention
of vegetation and faunal habitat and the need to revegetate land including riparian
buffers along waterways, gullies, ridgelines, property boundaries and saline discharge
and recharge area.
ƒ The location of on-site effluent disposal areas to minimise the impact of nutrient
loads on waterways and native vegetation.

Design and siting issues

ƒ The need to locate buildings in one area to avoid any adverse impacts on surrounding
agricultural uses and to minimise the loss of productive agricultural land.
ƒ The impact of the siting, design, height, bulk, colours and materials to be used, on the
natural environment, major roads, vistas and water features and the measures to be
undertaken to minimise any adverse impacts.
ƒ The impact on the character and appearance of the area or features of architectural,
historic or scientific significance or of natural scenic beauty or importance.
ƒ The location and design of existing and proposed infrastructure including roads, gas,
water, drainage, telecommunications and sewerage facilities.
ƒ Whether the use and development will require traffic management measures.

35.07-7 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is in Category 4.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

FARMING ZONE PAGE 7 OF 7


35.08 RURAL ACTIVITY ZONE
18/06/2010
VC62
Shown on the planning scheme map as RAZ with a number.

Purpose
To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To provide for the use of land for agriculture.
To provide for other uses and development, in appropriate locations, which are
compatible with agriculture and the environmental and landscape characteristics of the
area.
To ensure that use and development does not adversely affect surrounding land uses.
To provide for the use and development of land for the specific purposes identified in a
schedule to this zone.
To protect and enhance natural resources and the biodiversity of the area.
To encourage use and development of land based on comprehensive and sustainable land
management practices and infrastructure provision.

35.08-1 Table of uses


18/06/2010
VC62
Section 1 - Permit not required
USE CONDITION

Agriculture (other than Animal


keeping, Apiculture, Intensive animal
husbandry, Rice growing and Timber
production)

Animal keeping (other than Animal Must be no more than 5 animals.


boarding)

Apiculture Must meet the requirements of the Apiary Code


of Practice, May 1997.

Bed and breakfast No more than 6 persons may be


accommodated away from their normal place of
residence.

At least 1 car parking space must be provided


for each 2 persons able to be accommodated
away from their normal place of residence.

Carnival Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Cattle feedlot Must meet the requirements of Clause 52.26.

The total number of cattle to be housed in the


cattle feedlot must be 1000 or less.

The site must be located outside a special


water supply catchment under the Catchment
and Land Protection Act 1994.

The site must be located outside a catchment


area listed in Appendix 2 of the Victorian Code

RURAL ACTIVITY ZONE PAGE 1 OF 7


USE CONDITION
for Cattle Feedlots - August 1995.

Circus Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Dependent person's unit Must be the only dependent person’s unit on


the lot.

Must meet the requirements of Clause 35.08-2.

Geothermal energy extraction Must meet the requirements of Clause 52.08-4

Greenhouse gas sequestration Must meet the requirements of Clause 52.08-


6.
Greenhouse gas sequestration
exploration
Home occupation

Informal outdoor recreation

Mineral exploration

Mining Must meet the requirements of Clause 52.08-2.

Minor utility installation

Natural systems

Railway

Road

Search for stone Must not be costeaning or bulk sampling.

Telecommunications facility Must meet the requirements of Clause 52.19.

Timber production Must meet the requirements of Clause 52.18.

The plantation area must not exceed any area


specified in a schedule to this zone. Any area
specified must be at least 40 hectares.

The total plantation area (existing and


proposed) on contiguous land which was in the
same ownership on or after 28 October 1993
must not exceed any scheduled area.

The plantation must not be within 100 metres


of:

ƒ Any dwelling in separate ownership.

ƒ Any land zoned for residential, business or


industrial use.

ƒ Any site specified on a permit which is in


force which permits a dwelling to be
constructed.

The plantation must not be within 20 metres of


a powerline whether on private or public land,
except with the consent of the relevant
electricity supply or distribution authority.

RURAL ACTIVITY ZONE PAGE 2 OF 7


USE CONDITION

Tramway

Section 2 - Permit required


USE CONDITION

Animal boarding
Backpackers’ lodge

Broiler farm Must meet the requirements of Clause 52.31.

Camping and caravan park

Cattle feedlot - if the Section 1 Must meet the requirements of Clause 52.26.
condition is not met
The site must be located outside a catchment
area listed in Appendix 2 of the Victorian Code
for Cattle Feedlots - August 1995.

Community market

Convenience shop The site must not have direct access to a rural
freeway.

Dependent person’s unit - if the Must meet the requirements of Clause 35.08-2.
Section 1 condition is not met
Dwelling (other than Bed and
breakfast)

Equestrian supplies

Freeway service centre Must meet the requirements of Clause 52.30.

Group accommodation
Host farm
Hotel
Intensive animal husbandry (other than
Broiler farm and Cattle feedlot)
Landscape gardening supplies
Leisure and recreation (other than
Informal outdoor recreation)
Manufacturing sales
Mineral, stone, or soil extraction (other
than Mineral exploration, Geothermal
energy extraction, Mining, and
Search for stone)
Place of assembly (other than
Amusement parlour, Carnival, Circus,
and Nightclub)
Primary produce sales
Residential hotel
Restaurant
Rice growing
Rural industry

Service station The site must not have direct access to a rural
freeway.

Store
Tavern

RURAL ACTIVITY ZONE PAGE 3 OF 7


USE CONDITION

Timber production - if the Section 1 Must meet the requirements of Clause 52.18.
condition is not met

Utility installation (other than Minor


utility installation and
Telecommunications facility)
Winery
Any other use not in Section 1 or 3

Section 3 - Prohibited
USE

Accommodation (other than Backpackers’ lodge, Camping and caravan park,


Dependent person’s unit, Dwelling, Group accommodation, Host farm, and
Residential hotel)

Amusement parlour

Brothel

Child care centre

Cinema based entertainment facility

Industry (other than Rural industry)

Nightclub

Office

Retail premises (other than Community market, Convenience shop, Equestrian


supplies, Hotel, Landscape gardening supplies, Manufacturing sales, Primary
produce sales, Restaurant and Tavern)

Transport terminal

Warehouse (other than Store)

35.08-2 Use of land for a dwelling


19/01/2006
VC37
A lot used for a dwelling must meet the following requirements:

ƒ Access to the dwelling must be provided via an all-weather road with dimensions
adequate to accommodate emergency vehicles.
ƒ The dwelling must be connected to a reticulated sewerage system or if not available,
the waste water must be treated and retained on-site in accordance with the State
Environment Protection Policy (Waters of Victoria) under the Environment
Protection Act 1970.
ƒ The dwelling must be connected to a reticulated potable water supply or have an
alternative potable water supply with adequate storage for domestic use as well as for
fire fighting purposes.
ƒ The dwelling must be connected to a reticulated electricity supply or have an
alternative energy source.
These requirements also apply to a dependent person’s unit.

RURAL ACTIVITY ZONE PAGE 4 OF 7


35.08-3 Subdivision
19/01/2006
VC37
A permit is required to subdivide land.
Each lot must be at least the area specified for the land in a schedule to this zone.
A permit may be granted to create smaller lots if any of the following apply:

ƒ The subdivision is to create a lot for an existing dwelling. The subdivision must be a
two lot subdivision and one lot must be at least the area specified for the land in a
schedule to this zone. An agreement under Section 173 of the Act must be entered
into with the owner of each lot created which ensures that the land must not be further
subdivided so as to create a smaller lot for an existing dwelling. The agreement must
be registered on title.
ƒ The subdivision is the re-subdivision of existing lots and the number of lots is not
increased. An agreement under Section 173 of the Act must be entered into with the
owner of each lot created which ensures that the land may not be further subdivided
so as to increase the number of lots. The agreement must be registered on title.
ƒ The number of lots is no more than the number the land could be subdivided into in
accordance with a schedule to this zone. At least one lot must be at least the area
specified for the land in a schedule to this zone. An agreement under Section 173 of
the Act must be entered into with the owner of each lot created which ensures that the
land may not be further subdivided so as to increase the number of lots, unless
creating a lot for an existing dwelling. The agreement must be registered on title.
ƒ The subdivision is by a public authority or utility service provider to create a lot for a
utility installation.

35.08-4 Buildings and works


15/09/2008
VC49
A permit is required to construct or carry out any of the following:

ƒ A building or works associated with a use in Section 2 of Clause 35.08-1. This does
not apply to:
ƒ An alteration or extension to an existing dwelling provided the floor area of the
alteration or extension is not more than the area specified in a schedule to this
zone or, if no area is specified, 50 square metres. Any area specified must be more
than 50 square metres.
ƒ An out-building associated with an existing dwelling provided the floor area of
the out-building is not more than the area specified in a schedule to this zone or, if
no area is specified, 50 square metres. Any area specified must be more than 50
square metres.
ƒ An alteration or extension to an existing building used for agriculture provided the
floor area of the alteration or extension is not more than the area specified in the
schedule to this zone or, if no area is specified, 100 square metres. Any area
specified must be more than 100 square metres. The building must not be used to
keep, board, breed or train animals.
ƒ A rainwater tank.
ƒ Earthworks specified in a schedule to this zone, if on land specified in a schedule.
ƒ A building which is within any of the following setbacks:
ƒ The setback from a Road Zone Category 1 or land in a Public Acquisition Overlay
to be acquired for a road, Category 1 specified in a schedule to this zone or, if no
setback is specified, 50 metres.
ƒ The setback from any other road or boundary specified in a schedule to this zone.

RURAL ACTIVITY ZONE PAGE 5 OF 7


ƒ The setback from a dwelling not in the same ownership specified in a schedule to
this zone.
ƒ 100 metres from a waterway, wetlands or designated flood plain.

35.08-5 Decision guidelines


19/01/2006
VC37
Before deciding on an application to use or subdivide land, construct a building or
construct or carry out works, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

General issues

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any Regional Catchment Strategy and associated plan applying to the land.
ƒ The capability of the land to accommodate the proposed use or development,
including the disposal of effluent.
ƒ How the use or development relates to sustainable land management.
ƒ Whether the site is suitable for the use and development and whether the proposal is
compatible with adjoining and nearby land uses.

Agricultural issues

ƒ Whether the use or development will support and enhance agricultural production.
ƒ The potential for the use or development to limit the operation and expansion of
adjoining and nearby agricultural uses.
ƒ The capacity of the site to sustain the agricultural use.
ƒ The agricultural qualities of the land, such as soil quality, access to water and access
to rural infrastructure.
ƒ Any integrated land management plan prepared for the site.

Dwelling issues

ƒ Whether the dwelling will result in the loss or fragmentation of productive


agricultural land.
ƒ Whether the dwelling will be adversely affected by agricultural activities on adjacent
and nearby land due to dust, noise, odour, use of chemicals and farm machinery,
traffic and hours of operation.
ƒ Whether the dwelling will adversely affect the operation and expansion of adjoining
and nearby agricultural uses.

Environmental issues

ƒ The impact of the proposal on the natural physical features and resources of the area,
in particular on soil and water quality.
ƒ The impact of the use or development on the flora, fauna and landscape features of
the locality.
ƒ The need to protect and enhance the biodiversity of the area, including the retention
of vegetation and faunal habitat and the need to revegetate land including riparian

RURAL ACTIVITY ZONE PAGE 6 OF 7


buffers along waterways, gullies, ridgelines, property boundaries and saline discharge
and recharge area.
ƒ The location of on-site effluent disposal areas to minimise the impact of nutrient
loads on waterways and native vegetation.

Design and siting issues

ƒ The impact of the siting, design, height, bulk, colours and materials to be used, on the
natural environment, major roads, vistas and water features and the measures to be
undertaken to minimise any adverse impacts.
ƒ The impact on the character and appearance of the area or features of architectural,
historic or scientific significance or of natural scenic beauty or importance.
ƒ The location and design of existing and proposed infrastructure including roads, gas,
water, drainage, telecommunications and sewerage facilities.
ƒ Whether the use or development will require traffic management measures.

35.08-6 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is in Category 3.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

RURAL ACTIVITY ZONE PAGE 7 OF 7


36 PUBLIC LAND ZONES
19/01/2006
VC37

PUBLIC USE ZONE PAGE 1 OF 1


36.01 PUBLIC USE ZONE
18/06/2010
VC62
Shown on the planning scheme map as PUZ with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To recognise public land use for public utility and community services and facilities.
To provide for associated uses that are consistent with the intent of the public land
reservation or purpose.

36.01-1 Table of uses


18/06/2010
VC62
Section 1 - Permit not required
USE CONDITION

Apiculture Must meet the requirements of the Apiary


Code of Practice, May 1997.

Carnival Must meet the requirements of ‘A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Circus Must meet the requirements of ‘A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Greenhouse gas sequestration Must meet the requirements of Clause


52.08-6.
Greenhouse gas sequestration exploration

Mineral exploration

Mining Must meet the requirements of Clause


52.08-2.

Natural systems
Railway

Railway station The total leasable floor area for the selling
of food, drink and other convenience goods
and services must not exceed 50 square
metres.

Road

Search for stone Must not be costeaning or bulk sampling.

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19

Tramway

Any other use The use must be for the purpose described
in the table to Clause 36.01-6 which
corresponds to the notation on the planning
scheme map.

The use must be carried out by or on behalf

PUBLIC USE ZONE PAGE 1 OF 3


USE CONDITION
of the public land manager.

Section 2 - Permit required


USE CONDITION

Section 3 - Prohibited
USE

Nil

36.01-2 Permit requirement


19/01/2006
VC37
A permit is required to:

 Construct a building or construct or carry out works for any use in Section 2 of Clause
36.01-1. This does not apply to navigational beacons and aids.
 Subdivide land.

36.01-3 Application requirements


19/01/2006
VC37
An application for a permit by a person other than the relevant public land manager must be
accompanied by the written consent of the public land manager, indicating that the public
land manager consents generally or conditionally either:

 To the application for permit being made.


 To the application for permit being made and to the proposed use or development.

36.01-4 Decision guidelines


19/01/2006
VC37
Before deciding on an application to use or subdivide land, construct a building or construct
or carry out works, in addition to the decision guidelines in Clause 65, the responsible
authority must consider, as appropriate:

 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The comments of any Minister or public land manager having responsibility for the care
or management of the land or adjacent land.
 Whether the development is appropriately located and designed, including in accordance
with any relevant use, design or siting guidelines.

36.01-5 Permit not required


19/01/2006
VC37
A permit is not required to use land, or to construct a building or construct or carry out
works on land, listed in a schedule to this zone, provided any condition in the schedule is
complied with.

PUBLIC USE ZONE PAGE 2 OF 3


36.01-6 Table of public land use
19/01/2006
VC37
SHOWN ON THE PLANNING SCHEME MAP PURPOSE OF PUBLIC LAND USE
PUZ1 Service & Utility
PUZ2 Education
PUZ3 Health & Community
PUZ4 Transport
PUZ5 Cemetery/Crematorium
PUZ6 Local Government
PUZ7 Other public use

36.01-7 Advertising signs


15/12/2008
VC50
Advertising sign requirements are at Clause 52.05. This zone, except for the PUZ4
(Transport), is in Category 4 unless a different requirement is specified in the schedule to
this zone.
For land within the PUZ4 (Transport), the category of advertising control which applies is
the category which applies to the adjoining zone nearest to the land. If land is equidistant
from two or more adjoining zones, the least restrictive category applies.
Where the Road Zone is the nearest adjoining zone, a permit is required to display a sign.

Note: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

PUBLIC USE ZONE PAGE 3 OF 3


36.02 PUBLIC PARK AND RECREATION ZONE
18/06/2010
VC62
Shown on the planning scheme map as PPRZ.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To recognise areas for public recreation and open space.
To protect and conserve areas of significance where appropriate.
To provide for commercial uses where appropriate.

36.02-1 Table of uses


18/06/2010
VC62
Section 1 - Permit not required
USE CONDITION

Apiculture Must meet the requirements of the Apiary


Code of Practice, May 1997.

Carnival Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Circus Must meet the requirements of A ‘Good


Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Greenhouse gas sequestration Must meet the requirements of Clause


52.08-6.
Greenhouse gas sequestration exploration

Mineral exploration
Mining Must meet the requirements of Clause
52.08-2.

Informal outdoor recreation

Natural systems

Open sports ground Must be conducted by or on behalf of the


public land manager.

Must not be on coastal Crown land under


the Coastal Management Act 1995.

Road

Search for stone Must not be costeaning or bulk sampling.

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19

PUBLIC PARK AND RECREATION ZONE PAGE 1 OF 4


USE CONDITION
Contractor’s depot Must be either of the following:
Heliport
Office • A use conducted by or on behalf of a
Retail premises public land manager or Parks Victoria
Store under the relevant provisions of the
Any other use not in Section 3 Local Government Act 1989, the
Reference Areas Act 1978, the National
Parks Act 1975, the Fisheries Act 1995,
the Wildlife Act 1975, the Forest Act
1958, the Water Industry Act 1994, the
Water Act 1989, the Marine Act 1988,
the Port of Melbourne Authority Act
1958, or the Crown Land (Reserves) Act
1978.
• A use specified in an Incorporated plan
in a schedule to this zone.

Section 2 - Permit required


USE CONDITION

Contractor’s depot - if the Section 1 Must be associated with the public land use.
condition is not met
Heliport - if the Section 1 condition is not Must be associated with the public land use.
met
Office - if the Section 1 condition is not Must be associated with the public land use.
met

Retail premises - if the Section 1 Must be associated with the public land use.
condition is not met

Store - if the Section 1 condition is not Must be associated with the public land use.
met

Section 3 - Prohibited
USE

Brothel

Cinema based entertainment facility

Corrective institution

Display home

Funeral parlour

Industry

Saleyard

Transport terminal (other than Heliport)

Veterinary centre

Warehouse (other than Store)

PUBLIC PARK AND RECREATION ZONE PAGE 2 OF 4


36.02-2 Permit requirement
19/01/2006
VC37
A permit is required to:

ƒ Construct a building or construct or carry out works. This does not apply to:
ƒ Pathways, trails, seating, picnic tables, drinking taps, shelters, barbeques, rubbish
bins, security lighting, irrigation, drainage or underground infrastructure.
ƒ Playground equipment or sporting equipment, provided these facilities do not
occupy more than 10 square metres of parkland.
ƒ Navigational beacons and aids.
ƒ Planting or landscaping.
ƒ Fencing that is 1 metre or less in height above ground level.
ƒ A building or works shown in an Incorporated plan which applies to the land.
ƒ A building or works carried out by or on behalf of a public land manager or Parks
Victoria under the Local Government Act 1989, the Reference Areas Act 1978, the
National Parks Act 1975, the Fisheries Act 1995, the Wildlife Act 1975, the Forest
Act 1958, the Water Industry Act 1994, the Water Act 1989, the Marine Act 1988,
the Port of Melbourne Authority Act 1958 or the Crown Land (Reserves) Act 1978.
ƒ Subdivide land.

36.02-3 Application requirements


19/01/2006
VC37
An application for a permit by a person other than the relevant public land manager must
be accompanied by the written consent of the public land manager, indicating that the
public land manager consents generally or conditionally either:

ƒ To the application for permit being made.


ƒ To the application for permit being made and to the proposed use or development.

36.02-4 Exemption from notice and review


19/01/2006
VC37
An application to subdivide land which is consistent with an Incorporated plan is exempt
from the notice requirements of Section 52(1) (a), (b) and (d), the decision requirements of
Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.

36.02-5 Decision guidelines


19/01/2006
VC37
Before deciding on an application to use or subdivide land, construct a building or
construct or carry out works, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The comments of any public land manager or other relevant land manager having
responsibility for the care or management of the land or adjacent land.
ƒ Whether the development is appropriately located and designed, including in
accordance with any relevant use, design or siting guidelines.

36.02-6 Incorporated plan


19/01/2006
VC37
An Incorporated plan is a plan which shows the way the land is to be used and developed.
An Incorporated plan may include the following information:

PUBLIC PARK AND RECREATION ZONE PAGE 3 OF 4


ƒ Recognition of existing use and how the area is to be developed.
ƒ The building envelope of any proposed buildings.
ƒ Details of any proposed buildings or works.
ƒ The location of pedestrian or vehicle access points or car parking areas.
ƒ The location of any areas for specific uses or a schedule of specific uses which are
allowed without permit.
ƒ Topographic details including any proposed cut and fill.
ƒ The location of existing and proposed features.
ƒ The location of existing native and other vegetation and any proposed landscaping
works or areas of vegetation to be added or removed.
ƒ The identification of sites of flora or fauna significance (including, in particular, any
potentially threatened species or significant habitat) or other places of cultural heritage
or scientific value.
The Incorporated plan must be consistent with the intent of the public land reservation
under any Act and make reference to relevant policies and guidelines.
An Incorporated plan may be prepared in parts or stages.

36.02-7 Use and development of land identified in a schedule


19/01/2006
VC37
Land identified in a schedule to this zone may be used and developed in accordance with
the schedule or the specific controls contained in an incorporated document corresponding
to the land, provided any condition in the schedule or incorporated document is complied
with.

36.02-8 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is in Category 4 unless a
different requirement is specified in the schedule to this zone.

Note: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of the land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

PUBLIC PARK AND RECREATION ZONE PAGE 4 OF 4


36.03 PUBLIC CONSERVATION AND RESOURCE ZONE
18/06/2010
VC62
Shown on the planning scheme map as PCRZ.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To protect and conserve the natural environment and natural processes for their historic,
scientific, landscape, habitat or cultural values.
To provide facilities which assist in public education and interpretation of the natural
environment with minimal degradation of the natural environment or natural processes.
To provide for appropriate resource based uses.

36.03-1 Table of uses


18/06/2010
VC62
Section 1 - Permit not required
USE CONDITION

Apiculture Must meet the requirements of the Apiary


Code of Practice, May 1997.

Boat launching facility Must be either of the following:


Camping and caravan park
A use conducted by or on behalf of a public
Caretaker’s house
land manager or Parks Victoria under the
Car park
relevant provisions of the Local Government
Act 1989, the Reference Areas Act 1978, the
National Parks Act 1975, the Fisheries Act
1995, the Wildlife Act 1975, the Forest Act
1958, the Water Industry Act 1994, the Water
Act 1989, the Marine Act 1988, the Port of
Melbourne Authority Act 1958 or the Crown
Land (Reserves) Act 1978.
Specified in an Incorporated plan in a
schedule to this zone.

Greenhouse gas sequestration Must meet the requirements of Clause 52.08-


6.
Greenhouse gas sequestration exploration

Must be either of the following:


Informal outdoor recreation
Interpretation centre  A use conducted by or on behalf of a
Jetty public land manager or Parks Victoria
Kiosk under the relevant provisions of the Local
Marine dredging Government Act 1989, the Reference
Areas Act 1978, the National Parks Act
1975, the Fisheries Act 1995, the Wildlife
Act 1975, the Forest Act 1958, the Water
Industry Act 1994, the Water Act 1989,
the Marine Act 1988, the Port of
Melbourne Authority Act 1958 or the
Crown Land (Reserves) Act 1978.
 Specified in an Incorporated plan in a

PUBLIC CONSERVATION AND RESOURCE ZONE PAGE 1 OF 5


USE CONDITION
schedule to this zone.

Mineral exploration

Mineral, stone or soil extraction (other Must be either of the following:


than Mineral exploration, Mining, and
 A use conducted by or on behalf of a
Search for stone)
public land manager or Parks Victoria
under the relevant provisions of the Local
Government Act 1989, the Reference
Areas Act 1978, the National Parks Act
1975, the Fisheries Act 1995, the Wildlife
Act 1975, the Forest Act 1958, the Water
Industry Act 1994, the Water Act 1989,
the Marine Act 1988, the Port of
Melbourne Authority Act 1958 or the
Crown Land (Reserves) Act 1978.
 Specified in an Incorporated plan in a
schedule to this zone.

Mining Must meet the requirements of Clause 52.08-


2.

Mooring pole Must be either of the following:

 A use conducted by or on behalf of a


public land manager or Parks Victoria
under the relevant provisions of the Local
Government Act 1989, the Reference
Areas Act 1978, the National Parks Act
1975, the Fisheries Act 1995, the Wildlife
Act 1975, the Forest Act 1958, the Water
Industry Act 1994, the Water Act 1989,
the Marine Act 1988, the Port of
Melbourne Authority Act 1958 or the
Crown Land (Reserves) Act 1978.
 Specified in an Incorporated plan in a
schedule to this zone.

Natural systems

Open sports ground Must be either of the following:

Pier  A use conducted by or on behalf of a


public land manager or Parks Victoria
Pontoon
under the relevant provisions of the Local
Road Government Act 1989, the Reference
Areas Act 1978, the National Parks Act
1975, the Fisheries Act 1995, the Wildlife
Act 1975, the Forest Act 1958, the Water
Industry Act 1994, the Water Act 1989,
the Marine Act 1988, the Port of
Melbourne Authority Act 1958 or the
Crown Land (Reserves) Act 1978.
 Specified in an Incorporated plan in a
schedule to this zone.

Search for stone Must not be costeaning or bulk sampling.

Telecommunications facility Buildings and works must meet the

PUBLIC CONSERVATION AND RESOURCE ZONE PAGE 2 OF 5


USE CONDITION
requirements of Clause 52.19

Utility installation (other than Must be either of the following:


Telecommunications facility)
 A use conducted by or on behalf of a
public land manager or Parks Victoria
under the relevant provisions of the Local
Government Act 1989, the Reference
Areas Act 1978, the National Parks Act
1975, the Fisheries Act 1995, the Wildlife
Act 1975, the Forest Act 1958, the Water
Industry Act 1994, the Water Act 1989,
the Marine Act 1988, the Port of
Melbourne Authority Act 1958 or the
Crown Land (Reserves) Act 1978.
 Specified in an Incorporated plan in a
schedule to this zone.
Any other use not in Section 2 or 3 Must be a use conducted by or on behalf of a
public land manager or Parks Victoria under
the relevant provisions of the Local
Government Act 1989, the Reference Areas
Act 1978, the National Parks Act 1975, the
Fisheries Act 1995, the Wildlife Act 1975, the
Forest Act 1958, the Water Industry Act 1994,
the Water Act 1989, the Marine Act 1988, the
Port of Melbourne Authority Act 1958 or the
Crown Land (Reserves) Act 1978.

Section 2 - Permit required


USE CONDITION

Emergency services facility


Renewable energy facility (other than  Must not be located on land reserved
Wind energy facility) under the National Parks Act 1975.
 Must meet the requirements of Clause
52.42.
Wind energy facility  Must not be located on land reserved
under the National Parks Act 1975.
 Must meet the requirements of Clause
52.32.

Section 3 - Prohibited
USE

The use in Section 1 described as ‘Any


other use not in Section 2 or 3’ – if the
Section 1 condition is not met

36.03-2 Permit requirement


19/01/2006
VC37
A permit is required to:

 Construct a building or construct or carry out works. This does not apply to:

PUBLIC CONSERVATION AND RESOURCE ZONE PAGE 3 OF 5


 Planting or landscaping.
 A building or works shown in an Incorporated plan which applies to the land.
 A building or works carried out by or on behalf of a public land manager or Parks
Victoria under the Local Government Act 1989, the Reference Areas Act 1978, the
National Parks Act 1975, the Fisheries Act 1995, the Wildlife Act 1975, the Forest
Act 1958, the Water Industry Act 1994, the Water Act 1989, the Marine Act 1988,
the Port of Melbourne Authority Act 1958 or the Crown Land (Reserves) Act 1978.
 Subdivide land.

36.03-3 Application requirements


19/01/2006
VC37
An application for a permit by a person other than the relevant public land manager must be
accompanied by the written consent of the public land manager, indicating that the public
land manager consents generally or conditionally either:

 To the application for permit being made.


 To the application for permit being made and to the proposed use or development.

36.03-4 Exemption from notice and review


19/01/2006
VC37
An application to subdivide land which is consistent with an Incorporated plan is exempt
from the notice requirements of Section 52(1) (a), (b), and (d), the decision requirements of
Sections 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.

36.03-5 Referral of applications


18/06/2010
VC62 An application to use or develop land for the purpose of an emergency services facility must
be referred under Section 55 of the Act to the person or body specified as the referral
authority in Clause 66.03.

36.03-6 Decision guidelines


18/06/2010
VC62
Before deciding on an application to use or subdivide land, construct a building or construct
or carry out works, in addition to the decision guidelines in Clause 65, the responsible
authority must consider, as appropriate:

 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The comments of any public land manager or other relevant land manager having
responsibility for the care or management of the land or adjacent land.
 Whether the development is appropriately located and designed, including in accordance
with any relevant use, design or siting guidelines.

36.03-7 Incorporated plan


18/06/2010
VC62
An Incorporated plan is a plan which shows the way the land is to be used and developed.
An Incorporated plan may include the following information:

 Recognition of existing use and how the area is to be developed.


 The building envelope of any proposed buildings.
 Details of proposed buildings or works.
 The location of pedestrian or vehicle access points or car parking areas.

PUBLIC CONSERVATION AND RESOURCE ZONE PAGE 4 OF 5


 The location of any areas for specific uses and a schedule of specific uses which are
allowed without permit.
 Topographic details including any proposed cut and fill.
 The location of existing and proposed features.
 The location of existing native or other vegetation and any proposed landscaping works
or areas of vegetation to be added or removed.
 The identification of sites of flora or fauna significance (including, in particular, any
potentially threatened species or significant habitat) or other places of cultural, heritage
or scientific value.
The Incorporated plan must be consistent with the intent of the public land reservation
under any Act and make reference to relevant policies and guidelines.
An Incorporated plan may be prepared in parts or stages.

36.03-8 Use and development of land identified in a schedule


18/06/2010
VC62
Land identified in a schedule to this zone may be used and developed in accordance with
the schedule or the specific controls contained in an incorporated document corresponding
to the land, provided any condition in the schedule or incorporated document is complied
with.

36.03-9 Advertising signs


18/06/2010
VC62
Advertising sign controls are at Clause 52.05. This zone is in Category 4 unless a different
requirement is specified in the schedule to this zone.

Note: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

PUBLIC CONSERVATION AND RESOURCE ZONE PAGE 5 OF 5


36.04 ROAD ZONE
18/06/2010
VC62
Shown on the planning scheme map as RDZ1 for a Category 1 road and RDZ2 for a
Category 2 road.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To identify significant existing roads.
To identify land which has been acquired for a significant proposed road.

36.04-1 Table of uses


18/06/2010
VC62
Section 1 - Permit not required
USE CONDITION

Apiculture Must meet the requirements of the Apiary


Code of Practice, May 1997.

Greenhouse gas sequestration Must meet the requirements of Clause


52.08-6.
Greenhouse gas sequestration exploration

Mineral exploration

Mining Must meet the requirements of Clause 52.08-


2.
Minor utility installation
Natural systems
Railway
Road

Search for stone Must not be costeaning or bulk sampling.

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19

Tramway

Section 2 - Permit required


USE CONDITION
Mineral, stone or soil extraction (other
than Mineral exploration, Mining, and
Search for stone)
Utility installation (other than Minor utility
installation and Telecommunications
facility)
Any other use not in Section 1 or 3

Section 3 - Prohibited
USE

Nil

ROAD ZONE PAGE 1 OF 2


36.04-2 Permit requirement
19/01/2006
VC37
A permit is required to:

 Construct a building or construct or carry out works for a use in Section 2 of Clause
36.04-1.
 Subdivide land.

36.04-3 Decision guidelines


19/01/2006
VC37
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider:

 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The views of the relevant road authority.
 The effect of the proposal on the operation of the road and on public safety.

36.04-4 Advertising signs


15/12/2008
VC50
Advertising sign controls are at Clause 52.05. A permit is required to display a sign over
the road formation or over land within 600 millimetres of the road formation. For other
land in this zone, the category of advertising control which applies is the category which
applies to the adjoining zone nearest to the land. If land is equidistant from two or more
adjoining zones, the least restrictive category applies.
Where the Public Use Zone 4 is the nearest adjoining zone, a permit is required to display a
sign.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

ROAD ZONE PAGE 2 OF 2


37 SPECIAL PURPOSE ZONES
19/01/2006
VC37

SPECIAL USE ZONE PAGE 1 OF 1


37.01 SPECIAL USE ZONE
19/01/2006
VC37
Shown on the planning scheme map as SUZ with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To recognise or provide for the use and development of land for specific purposes as
identified in a schedule in this zone.

37.01-1 Table of uses


19/01/2006
VC37
Section 1 - Permit not required
USE CONDITION
Any use in Section 1 of the schedule to Must comply with any condition in Section 1 of
this zone the schedule to this zone

Section 2 - Permit required


USE CONDITION
Any use in Section 2 of the schedule to Must comply with any condition in Section 2 of
this zone the schedule to this zone.

Any other use not in Section 1 or 3 of the


schedule to this zone

Section 3 - Prohibited
USE
Any use in Section 3 of the schedule to this zone

37.01-2 Use of land


19/01/2006
VC37
Any requirement in the schedule to this zone must be met.

Application requirements

An application to use land must be accompanied by any information specified in the


schedule to this zone.

Exemption from notice and review

The schedule to this zone may specify that an application is exempt from the notice
requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1),
(2) and (3) and the review rights of Section 82(1) of the Act.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

SPECIAL USE ZONE PAGE 1 OF 3


ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any guidelines in the schedule to this zone.

37.01-3 Subdivision
19/01/2006
VC37

Permit requirement

A permit is required to subdivide land.


Any requirement in the schedule to this zone must be met.

Application requirements

An application to subdivide land must be accompanied by any information specified in the


schedule to this zone.

Exemption from notice and review

The schedule to this zone may specify that an application is exempt from the notice
requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1),
(2) and (3) and the review rights of Section 82(1) of the Act.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any guidelines in the schedule to this zone.

37.01-4 Buildings and works


19/01/2006
VC37

Permit requirement

A permit is required to construct a building or construct or carry out works unless the
schedule to this zone specifies otherwise.
Any requirement in the schedule to this zone must be met.

Application requirements

An application to construct a building or construct or carry out works must be accompanied


by any information specified in the schedule to this zone.

Exemption from notice and review

The schedule to this zone may specify that an application is exempt from the notice
requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1),
(2) and (3) and the review rights of Section 82(1) of the Act.

SPECIAL USE ZONE PAGE 2 OF 3


Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any guidelines in the schedule to this zone.

37.01-5 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is in Category 3 unless a
schedule to this zone specifies a different category.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

SPECIAL USE ZONE PAGE 3 OF 3


37.02 COMPREHENSIVE DEVELOPMENT ZONE
19/01/2006
VC37
Shown on the planning scheme map as CDZ with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To provide for a range of uses and the development of land in accordance with a
comprehensive development plan incorporated in this scheme.

37.02-1 Table of uses


19/01/2006
VC37
Section 1 - Permit not required
USE CONDITION
Any use in Section 1 of the schedule to Must comply with any condition in Section 1 of
this zone the schedule to this zone.

Section 2 - Permit required


USE CONDITION
Any use in Section 2 of the schedule to Must comply with any condition in Section 2 of
this zone the schedule to this zone.

Any other use not in Section 1 or 3 of the


schedule to this zone

Section 3 - Prohibited
USE
Any use in Section 3 of the schedule to this zone

37.02-2 Use of land


19/01/2006
VC37
Any requirement in the schedule to this zone must be met.

Application requirements

An application to use land must be accompanied by any information specified in the


schedule to this zone.

Exemption from notice and review

The schedule to this zone may specify that an application is exempt from the notice
requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1),
(2) and (3) and the review rights of Section 82(1) of the Act.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

COMPREHENSIVE DEVELOPMENT ZONE PAGE 1 OF 3


ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any guidelines in the schedule to this zone.

37.02-3 Subdivision
09/10/2006
VC42

Permit requirement

A permit is required to subdivide land.


Any requirement in the schedule to this zone must be met.

Application requirements

An application to subdivide land for residential development, other than an application to


subdivide land into lots each containing an existing dwelling or car parking space, must
meet the requirements of Clause 56 and:

ƒ Must meet all of the objectives included in the clauses specified in the following table.
ƒ Should meet all of the standards included in the clauses specified in the following table.

Class of subdivision Objectives and standards to be met

60 or more lots All except Clause 56.03-5.


16 – 59 lots All except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1 and
56.06-3.
3 – 15 lots All except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.05-2,
56.06-1, 56.06-3 and 56.06-6.
2 lots Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to
56.09-2.

An application to subdivide land must be accompanied by any information specified in the


schedule to this zone.

Exemption from notice and review

The schedule to this zone may specify that an application is exempt from the notice
requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1),
(2) and (3) and the review rights of Section 82(1) of the Act.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The objectives and standards of Clause 56.
ƒ Any guidelines in the schedule to this zone.

COMPREHENSIVE DEVELOPMENT ZONE PAGE 2 OF 3


37.02-4 Buildings and works
19/01/2006
VC37

Permit requirement

A permit is required to construct a building or construct or carry out works unless the
schedule to this zone specifies otherwise.
Any requirement in the schedule to this zone must be met.

Application requirements

An application to construct a building or construct or carry out works must be accompanied


by any information specified in the schedule to this zone.

Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1)
of the Act if it is generally consistent with the comprehensive development plan.
The schedule to this zone may specify that other applications are also exempt from the
notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section
64(1), (2) and (3) and the review rights of Section 82(1) of the Act.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any guidelines in the schedule to this zone.

37.02-5 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is in Category 3 unless a
schedule to this zone specifies a different category.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

COMPREHENSIVE DEVELOPMENT ZONE PAGE 3 OF 3


37.03 URBAN FLOODWAY ZONE
18/06/2010
VC62
Shown on the planning scheme map as UFZ.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To identify waterways, major floodpaths, drainage depressions and high hazard areas
within urban areas which have the greatest risk and frequency of being affected by
flooding.
To ensure that any development maintains the free passage and temporary storage of
floodwater, minimises flood damage and is compatible with flood hazard, local drainage
conditions and the minimisation of soil erosion, sedimentation and silting.
To reflect any declarations under Division 4 of Part 10 of the Water Act, 1989.
To protect water quality and waterways as natural resources in accordance with the
provisions of relevant State Environment Protection Policies, and particularly in accordance
with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria).

37.03-1 Table of uses


18/06/2010
VC62
Section 1 - Permit not required
USE CONDITION
Apiculture Must meet the requirements of the Apiary
Code of Practice, May 1997.
Extensive animal husbandry

Greenhouse gas sequestration Must meet the requirements of Clause


52.08-6.
Greenhouse gas sequestration exploration
Informal outdoor recreation
Mineral exploration
Mining Must meet the requirements of Clause
52.08-2.

Natural systems

Search for stone Must not be costeaning or bulk sampling.

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19

Section 2 - Permit required


USE CONDITION
Agriculture (other than Apiculture and
Extensive animal husbandry)
Leisure and recreation (other than Informal
outdoor recreation, Indoor recreation
facility, and Motor racing track)
Mineral, stone or soil extraction (other
than Mineral exploration, Mining, and
Search for stone)

URBAN FLOODWAY ZONE PAGE 1 OF 4


USE CONDITION
Road
Utility installation (other than
Telecommunications facility)

Section 3 - Prohibited

USE
Indoor recreation facility

Motor racing track

Any other use not in Section 1 or 2

37.03-2 Buildings and works


15/09/2008
VC49
A permit is required to construct a building or construct or carry out works, including:

ƒ A fence.
ƒ Roadworks.
ƒ Bicycle pathways and trails.
ƒ Public toilets.
ƒ A domestic swimming pool or spa and associated mechanical and safety equipment if
associated with one dwelling on a lot.
ƒ A pergola or verandah, including an open-sided pergola or verandah to a dwelling with
a finished floor level not more than 800mm above ground level and a maximum
building height of 3 metres above ground level.
ƒ A deck, including a deck to a dwelling with a finished floor level not more than 800mm
above ground level.
ƒ A non-domestic disabled access ramp.
This does not apply to:

ƒ Flood mitigation works carried out by the responsible authority or floodplain


management authority.
ƒ The following works in accordance with plans prepared to the satisfaction of the
responsible authority:
‚ The laying of underground sewerage, water and gas mains, oil pipelines,
underground telephone lines and underground power lines provided they do not alter
the topography of the land.
‚ The erection of telephone or power lines provided they do not involve the
construction of towers or poles.
ƒ Post and wire and post and rail fencing.

37.03-3 Subdivision
19/01/2006
VC37
A permit is required to subdivide land. A permit may only be granted to subdivide land if
the following apply:

ƒ The subdivision does not create any new lots, which are entirely within this zone. This
does not apply if the subdivision creates a lot, which by agreement between the owner
and the relevant floodplain management authority, is to be transferred to an authority for
a public purpose.

URBAN FLOODWAY ZONE PAGE 2 OF 4


ƒ The subdivision is the resubdivision of existing lots and the number of lots is not
increased, unless a local floodplain development plan incorporated into this scheme
specifically provides otherwise.

37.03-4 Application requirements


19/01/2006
VC37

Local floodplain development plan

If a local floodplain development plan has been developed for the area and has been
incorporated into this scheme, an application must be consistent with the plan.

Flood risk report

If a local floodplain development plan for the area has not been incorporated into this
scheme, an application must be accompanied by a flood risk report to the satisfaction of the
responsible authority. The flood risk report must consider the following, where applicable:

ƒ The existing use and development of the land.


ƒ Whether the proposed use or development could be located on flood-free land or land
with a lesser flood hazard outside this zone.
ƒ The susceptibility of the development to flooding and flood damage.
ƒ The potential flood risk to life, health and safety associated with the development.
Flood risk factors to consider include:
‚ The frequency, duration, extent, depth and velocity of flooding of the site and
accessway.
‚ The flood warning time available.
‚ The danger to the occupants of the development, other floodplain residents and
emergency personnel if the site or accessway is flooded.
ƒ The effect of the development on redirecting or obstructing floodwater, stormwater or
drainage water and the effect of the development on reducing flood storage and
increasing flood levels and flow velocities.
ƒ The effects of the development on environmental values such as natural habitat, stream
stability, erosion, water quality and sites of scientific significance.

37.03-5 Referral of applications


19/01/2006
VC37
An application must be referred to the relevant floodplain management authority under
Section 55 of the Act unless in the opinion of the responsible authority the proposal
satisfies requirements or conditions previously agreed in writing between the responsible
authority and the floodplain management authority.

37.03-6 Decision guidelines


19/01/2006
VC37
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The local floodplain development plan or flood risk report.
ƒ Any comments of the relevant floodplain management authority.

URBAN FLOODWAY ZONE PAGE 3 OF 4


37.03-7 Advertising signs

19/01/2006
Advertising sign requirements are at Clause 52.05. This zone is in Category 4 unless a
VC37 schedule to this zone specifies a different category.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

URBAN FLOODWAY ZONE PAGE 4 OF 4


37.04 CAPITAL CITY ZONE
19/01/2006
VC37
Shown on the planning scheme map as CCZ with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To enhance the role of Melbourne’s central city as the capital of Victoria and as an area
of national and international importance.
To recognise or provide for the use and development of land for specific purposes as
identified in a schedule to this zone.
To create through good urban design an attractive, pleasurable, safe and stimulating
environment.

37.04-1 Table of uses


19/01/2006
VC37
Section 1 - Permit not required
USE CONDITION
Any use in Section 1 of the schedule to Must comply with any condition in Section 1 of
this zone the schedule to this zone.

Section 2 - Permit required


USE CONDITION
Any use in Section 2 of the schedule to Must comply with any condition in Section 2 of
this zone the schedule to this zone.

Any other use not in Section 1 or 3 of the


schedule to this zone

Section 3 - Prohibited

USE
Any use in Section 3 of the schedule to this zone

37.04-2 Use of land


19/01/2006
VC37
Any requirement in the schedule to this zone must be met.

Application requirements

An application to use land must be accompanied by any information specified in the


schedule to this zone.

Exemption from notice and review

The schedule to this zone may specify that an application is exempt from the notice
requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1),
(2) and (3) and the review rights of Section 82(1) of the Act.

CAPITAL CITY ZONE PAGE 1 OF 3


Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any guidelines in the schedule to this zone.

37.04-3 Subdivision
19/01/2006
VC37
Permit requirement

A permit is required subdivide land unless the schedule to this zone specifies otherwise.
Any requirement in the schedule to this zone must be met.

Application requirements

An application to subdivide land must be accompanied by any information specified in the


schedule to this zone.

Exemption from notice and review

The schedule to this zone may specify that an application is exempt from the notice
requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1),
(2) and (3) and the review rights of Section 82(1) of the Act.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any guidelines in the schedule to this zone.

37.04-4 Buildings and works


19/01/2006
VC37
Permit requirement

A permit is required to construct a building or construct or carry out works unless the
schedule to this zone specifies otherwise.
A permit is required to demolish or remove a building or works if specified in the schedule
to this zone.
Any requirement in the schedule to this zone must be met.

Application requirements

An application to construct a building or construct or carry out works must be accompanied


by any information specified in the schedule to this zone.

CAPITAL CITY ZONE PAGE 2 OF 3


Exemption from notice and review

The schedule to this zone may specify that an application is exempt from the notice
requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1),
(2) and (3) and the review rights of Section 82(1) of the Act.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any guidelines in the schedule to this zone.

37.04-5 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is not in a category at
Clauses 52.05-6 to 52.05-10.
A permit is required to construct and display a sign unless the schedule to this zone
specifies otherwise.
Any requirement in the schedule to this zone must be met.

Exemption from notice and review

The schedule to this zone may specify that an application is exempt from the notice
requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1),
(2) and (3) and the review rights of Section 82(1) of the Act.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

CAPITAL CITY ZONE PAGE 3 OF 3


37.05 DOCKLANDS ZONE
07/04/2008
VC47
Shown on the planning scheme map as DZ with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To ensure that use and development take account of the unique nature of the water
environment.
To encourage a variety of dwelling types within the Melbourne Docklands area to suit a
diversity of needs.
To ensure that development takes account of the relationship of the Melbourne Docklands
area to the Central Activities District and the policies relating to the future development of
the Central Activities District and other parts of the capital city.
To encourage visual and physical linkages between the Melbourne Docklands and adjacent
areas, in particular the Central Business District.
To provide for the conservation and enhancement of buildings, areas and places of
scientific, aesthetic, architectural or historical significance.

37.05-1 Table of uses


19/01/2006
VC37
Section 1 - Permit not required
USE CONDITION
Any use in Section 1 of the schedule to Must comply with any condition in Section 1 of
this zone the schedule to this zone.

Section 2 - Permit required


USE CONDITION
Any use in Section 2 of the schedule to Must comply with any condition in Section 2 of
this zone the schedule to this zone.

Any other use not in Section 1 or 3 of the


schedule to this zone

Section 3 - Prohibited

USE
Any use in Section 3 of the schedule to this zone

37.05-2 Use of land


07/04/2008
VC47
Any requirement in the schedule to this zone must be met.

Application requirements

An application to use land must be accompanied by any information specified in the


schedule to this zone.

DOCKLANDS ZONE PAGE 1 OF 5


Exemption from notice and review

The schedule to this zone may specify that an application is exempt from the notice
requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1),
(2) and (3) and the review rights of Section 82(1) of the Act.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any guidelines in the schedule to this zone.

37.05-3 Subdivision
19/01/2006
VC37

Permit requirement

A permit is required to subdivide land unless the schedule to this zone specifies otherwise.
Any requirement in the schedule to this zone must be met.

Application requirements

An application to subdivide land must be accompanied by any information specified in the


schedule to this zone.

Exemption from notice and review

The schedule to this zone may specify that an application is exempt from the notice
requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1),
(2) and (3) and the review rights of Section 82(1) of the Act.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any guidelines in the schedule to this zone.

37.05-4 Buildings and works


07/04/2008
VC47

Permit requirement

A permit is required to construct a building or construct or carry out works, and to


demolish or remove a building or works. This does not apply:

ƒ If a schedule to this zone specifically states that a permit is not required;


ƒ where the construction, carrying out, demolition or removal complies with an Existing
Old Format Approval, as approved or varied with the consent of the responsible
authority, including any conditions of that approval.

DOCKLANDS ZONE PAGE 2 OF 5


‘Existing Old Format Approval’ means a development plan that was approved by the
responsible authority under Clause 415 of the former Melbourne Docklands Area Planning
Provisions (September 2006), excluding any described in the following table.
Table 1
APPROVAL DESCRIPTION DATE OF APPROVAL
Outline Development Plan, MAB Business Park Approved by the Minister for
Precinct Planning on 30 April 1999
Supplementary Outline Development Plan Business As approved by the Minister for
Park Precinct Planning on 22 November 1999
Amended MAB Docklands Outline Development Plan As approved by the Minister for
dated 3 June 2002 Planning on 29 August 2002
Amended Lot 9 & 11 Outline Development Plan MAB As approved by the Minister for
East Precinct October 2003 Planning on 8 April 2004
Waterfront City Outline Development Plan dated 15 As approved by the Minister for
September 2003 Planning on 28 November 2003
Amended Victoria Harbour Outline Development Plan As approved by the Minister for
Sept 2006 Planning on 6 February 2007
Outline Development Plan (Digital Harbour – As approved by the Minister for
Commonwealth Technology Port Masterplan, 1 Planning on 20 August 2002
February 2002 Comtechport Precinct
Outline Development Plan Village Docklands, May As approved by the Minister for
2007 revised August 2007 Volume 1 and 2 Planning on 1 November 2007
Mirvac Yarra’s Edge Revised Outline Development As approved by the Minister for
Plan Planning on 26 October 2006

Any requirement in the schedule to this zone must be met.

Application requirements

An application to construct a building or construct or carry out works must be accompanied


by the following information as appropriate:

ƒ An urban design written statement which must include details of:


ƒ The urban design and landscaping of the site, in the context of its surrounding area.
ƒ Pedestrian, watercraft and vehicle (including motorcycle and bicycle) access
locations.
ƒ The provision of infrastructure on the site, and how the development relates to the
overall infrastructure network of the Melbourne Docklands area.
ƒ How the development provides for the conservation of and is compatible with
buildings, areas or other places of scientific, aesthetic, architectural or historical
importance where applicable.
ƒ Any proposed demolition.
ƒ The location, height, dimensions, design and floor area of all buildings and works.
ƒ Elevations detailing facade articulation and external materials, colours and finishes.
ƒ Proposed uses within all buildings.
ƒ Stages, if any, in which the land is to be developed.
ƒ Proposed vehicle (including motorcycle and bicycle) access and parking arrangements.

DOCKLANDS ZONE PAGE 3 OF 5


ƒ The location of public transport facilities relative to the proposal, access to them and
where appropriate, proposed passenger facilities.
ƒ Provision for vehicle loading areas, including the location of rubbish storage and
removal facilities.
ƒ The location, layout and planting schedule for all landscaped areas.
ƒ Any other requirement in the schedule to this zone.

Exemption from notice and review

The schedule to this zone may specify that an application is exempt from the notice
requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1),
(2) and (3) and the review rights of Section 82(1) of the Act.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any guidelines in the schedule to this zone.

37.05-5 Car parking


19/01/2006
VC37
Any requirement in relation to car parking in the schedule to this zone must be met. The
provisions of the Clause 52.06-1 and 52.06-4 do not apply to land in this zone.

37.05-6 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is in Category 3 unless a
different requirement is specified in the schedule to this zone.

37.05-7 Effect of approved development plans


07/04/2008
VC47
In respect of any land that has been developed pursuant to a development plan approved by
the responsible authority prior to 7 April 2008 under Clause 415 of the former Melbourne
Docklands Area Planning Provisions (September 2006), the use and development of the
land must comply with the approved development plan, including any conditions which
apply to the plan, except with the further consent of the responsible authority.

37.05-8 Environmental audits


07/04/2008
VC47
Before a sensitive use (residential use, child care centre, pre-school centre, primary school,
education centre or informal outdoor recreation) commences or before the construction or
carrying out of buildings and works in association with a sensitive use commences, the
timing for which must be to the satisfaction of the responsible authority having regard to
the Melbourne Docklands Environmental Management Plan as amended, either:
ƒ A certificate of environmental audit must be issued for the land in accordance with Part
IXD of the Environment Protection Act 1970, or
ƒ An environmental auditor appointed under the Environment Protection Act 1970 must
make a statement in accordance with Part IXD of that Act that the environmental
conditions of the land are suitable for the sensitive use.

DOCKLANDS ZONE PAGE 4 OF 5


Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

DOCKLANDS ZONE PAGE 5 OF 5


37.06 PRIORITY DEVELOPMENT ZONE
19/01/2006
VC37
Shown on the planning scheme map as PDZ with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To recognise or provide for the use and development of land for projects and areas of
regional or State significance.
To provide for a range of uses and the development of land in accordance with a plan
incorporated in this scheme.

37.06-1 Table of uses


19/01/2006
VC37
Section 1 - Permit not required
USE CONDITION
Any use in Section 1 of the schedule to Must comply with any condition in Section 1 of
this zone the schedule to this zone.

Section 2 - Permit required


USE CONDITION
Any use in Section 2 of the schedule to Must comply with any condition in Section 2 of
this zone the schedule to this zone.

Any other use not in Section 1 or 3 of the


schedule to this zone

Section 3 - Prohibited

USE
Any use in Section 3 of the schedule to this zone

37.06-2 Use of land


19/01/2006
VC37
Any requirement in the schedule to this zone must be met.

37.06-3 Subdivision
09/10/2006
VC42

Permit requirement

A permit is required to subdivide land.


An application to subdivide land for residential development, other than an application to
subdivide land into lots each containing an existing dwelling or car parking space, must
meet the requirements of Clause 56 and:

ƒ Must meet all of the objectives included in the clauses specified in the following table.
ƒ Should meet all of the standards included in the clauses specified in the following table.

PRIORITY DEVELOPMENT ZONE PAGE 1 OF 3


Class of subdivision Objectives and standards to be met

60 or more lots All except Clause 56.03-5.


16 – 59 lots All except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1 and
56.06-3.

3 – 15 lots All except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.05-2,


56.06-1, 56.06-3 and 56.06-6.

2 lots Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to


56.09-2.

Any requirement in the schedule to this zone must be met.

37.06-4 Buildings and works


19/01/2006
VC37

Permit requirement

A permit is required to construct a building or construct or carry out works unless the
schedule to this zone specifies otherwise.
Any requirement in the schedule to this zone must be met.

37.06-5 Application requirements


19/01/2006
VC37
An application to use land, to subdivide land or to construct a building or construct or carry
out works must be accompanied by any information specified in the schedule to this zone.

37.06-6 Exemption from notice and review


19/01/2006
VC37
An application under any provision of this scheme which is generally in accordance with
the incorporated plan is exempt from the notice requirements of Section 52(1)(a), (b) and
(d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section
82(1) of the Act unless the schedule to this zone specifies otherwise.

37.06-7 Decision guidelines


09/10/2006
VC42
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The objectives and standards of Clause 56.
ƒ Any guidelines in the schedule to this zone.

37.06-8 Advertising signs


19/01/2006
VC37
Advertising sign requirements are at Clause 52.05. This zone is in Category 3 unless a
schedule to this zone specifies a different category.

37.06-9 Other provisions of the scheme


19/01/2006
VC37
The schedule to this zone may specify that other provisions of the scheme do not apply.

PRIORITY DEVELOPMENT ZONE PAGE 2 OF 3


Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

PRIORITY DEVELOPMENT ZONE PAGE 3 OF 3


37.07 URBAN GROWTH ZONE
18/06/2010
VC62
Shown on the planning scheme map as UGZ with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To manage the transition of non-urban land into urban land in accordance with a precinct
structure plan.
To provide for a range of uses and the development of land in accordance with a precinct
structure plan.
To contain urban use and development to areas identified for urban development in a
precinct structure plan.
To provide for the continued non-urban use of the land until urban development in
accordance with a precinct structure plan occurs.
To ensure that, before a precinct structure plan is applied, the use and development of
land does not prejudice the future urban use and development of the land.

Application of provisions

Part A – No precinct structure plan applies

The provisions of clauses 37.07-1 to 37.07-8 apply if no precinct structure plan applies to
the land.

Part B – Precinct structure plan applies

The provisions of clauses 37.07-9 to 37.07-16 apply if a precinct structure plan applies to
the land.

Precinct structure plan provisions

A precinct structure plan applies to land when the precinct structure plan is incorporated
in this scheme.

PART A - PROVISIONS FOR LAND WHERE NO PRECINCT STRUCTURE


PLAN APPLIES

37.07-1 Table of uses


18/06/2010
VC62
Section 1 – Permit not required
USE CONDITION

Agriculture (other than Animal


keeping, Apiculture, Intensive
animal husbandry, Rice growing and
Timber production)

Apiculture Must meet the requirements of the Apiary Code


of Practice, May 1997.

Bed and breakfast No more than 6 persons may be


accommodated away from their normal place of
residence.
At least 1 car parking space must be provided
for each 2 persons able to be accommodated

URBAN GROWTH ZONE PAGE 1 OF 8


USE CONDITION
away from their normal place of residence.

Carnival Must meet the requirements of A ‘Good


Circus Neighbour’ Code of Practice for a Circus or
Carnival, October 1997.

Dependent person’s unit Must be the only dependent person’s unit on


the lot.
Must meet the requirements of Clause 37.07-2.

Dwelling (other than Bed and Must be the only dwelling on the lot.
breakfast) The lot must be at least 40 hectares.
Must meet the requirements of Clause 37.07-2.

Geothermal energy extraction Must meet the requirements of Clause 52.08-4.

Home occupation
Informal outdoor recreation
Mineral exploration

Mining Must meet the requirements of Clause 52.08-2.

Minor utility installation


Natural systems
Railway
Road

Search for stone Must not be costeaning or bulk sampling.

Telecommunications facility Buildings and works must meet the


requirements of Clause 52.19.

Tramway

Section 2 – Permit required


USE CONDITION

Animal boarding

Animal keeping (other than Animal Must be no more than 5 animals.


boarding)

Car park Must be used in conjunction with another use in


Section 1 or 2.

Cemetery
Community market
Crematorium

Dependent person’s unit – if the Must meet the requirements of Clause 37.07-2.
Section 1 condition is not met

Display home

Dwelling (other than Bed and Must be no more than two dwellings on the lot.
breakfast) – if the Section 1 Must meet the requirements of Clause 37.07-2.
conditions are not met

Education centre
Emergency services facility

URBAN GROWTH ZONE PAGE 2 OF 8


USE CONDITION

Freeway service centre Must meet the requirements of Clause 52.30.

Freezing and cool storage

Greenhouse gas sequestration Must meet the requirements of Clause 52.08-6.

Greenhouse gas sequestration


exploration

Group accommodation Must be used in conjunction with Agriculture,


Outdoor recreation facility, Rural industry, or
Winery.
Must be no more than 6 dwellings.

Hospital
Host farm
Interpretation centre
Leisure and recreation (other than
Informal outdoor recreation and
Motor racing track)
Manufacturing sales
Medical centre
Mineral, stone, soil, or geothermal
energy extraction (other than Mineral
exploration, Geothermal energy
extraction, Mining, and Search for
stone)
Nursing home

Place of assembly (other than Carnival, Must not be used for more than 10 days in a
Circus, and Place of worship) calender year.

Place of worship
Primary produce sales
Real estate agency

Residential hotel Must be used in conjunction with Agriculture,


Restaurant Outdoor recreation facility, Rural industry, or
Winery.

Rice growing
Rural industry
Rural store

Store (other than Freezing and cool Must be in a building, not a dwelling, and used
storage and Rural store) to store equipment, goods, or motor vehicles
used in conjunction with the occupation of a
resident of a dwelling on the lot.

Timber production Must meet the requirements of Clause 52.18.

Utility installation (other than Minor


utility installation and
Telecommunications facility)
Veterinary centre
Wind energy facility
Winery

URBAN GROWTH ZONE PAGE 3 OF 8


Section 3 - Prohibited
USE
Accommodation (other than Dependent person’s unit, Dwelling, Group
accommodation, Host farm, Nursing home, and Residential hotel)
Industry (other than Rural industry)
Intensive animal husbandry
Motor racing track
Office (other than Medical centre and Real estate agency)
Retail premises (other than Community market, Manufacturing sales, Primary
produce sales and Restaurant)
Saleyard
Warehouse (other than Store)
Any other use not in Section 1 or 2

37.07-2 Use of land for a dwelling


10/06/2008
VC48
A lot used for a dwelling must meet the following requirements:
ƒ Access to the dwelling must be provided via an all-weather road with dimensions
adequate to accommodate emergency vehicles.
ƒ The dwelling must be connected to a reticulated sewerage system or if not available,
the waste water must be treated and retained on-site in accordance with the State
Environment Protection Policy (Waters of Victoria) under the Environment
Protection Act 1970.
ƒ The dwelling must be connected to a reticulated potable water supply or have an
alternative potable water supply with adequate storage for domestic use as well as for
fire fighting purposes.
ƒ The dwelling must be connected to a reticulated electricity supply or have an
alternative energy source.
These requirements also apply to a dependent person’s unit.

37.07-3 Subdivision of land


10/06/2008
VC48
A permit is required to subdivide land.
Each lot must be at least 40 hectares.
A permit may be granted to create smaller lots if any of the following apply:
ƒ The subdivision is to create a lot for an existing dwelling. The subdivision must be a
two lot subdivision. An agreement under section 173 of the Act must be entered into
with the owner of each lot created which ensures that the land may not be further
subdivided so as to create a smaller lot for an existing dwelling. The agreement must
be registered on title.
ƒ The subdivision is the re-subdivision of existing lots and the number of lots is not
increased. An agreement under section 173 of the Act must be entered into with the
owner of each lot created which ensures that the land may not be further subdivided
so as to increase the number of lots. The agreement must be registered on title.
ƒ The subdivision is by a public authority or utility service provider to create a lot for a
utility installation.

37.07-4 Buildings and works


10/06/2008
VC48
A permit is required to construct or carry out any of the following:
ƒ A building or works associated with a use in Section 2 of Clause 37.07-1. This does
not apply to:
ƒ An alteration or extension to an existing dwelling provided the floor area of the
alteration or extension is no more than 50 square metres.

URBAN GROWTH ZONE PAGE 4 OF 8


ƒ An alteration or extension to an existing building used for agriculture provided the
floor area of the alteration or extension is no more than 100 square metres. The
building must not be used to keep, board, breed or train animals.
ƒ Earthworks which change the rate of flow or the discharge point of water across a
property boundary.
ƒ Earthworks which increase the discharge of saline water.
ƒ A building which is within any of the following setbacks:
ƒ 100 metres from a Road Zone Category 1 or land in a Public Acquisition Overlay
to be acquired for a road, Category 1.
ƒ 40 metres from a Road Zone Category 2 or land in a Public Acquisition Overlay
to be acquired for a road, Category 2.
ƒ 20 metres from any other road.
ƒ 5 metres from any other boundary.
ƒ 100 metres from a dwelling not in the same ownership.
ƒ 100 metres from a waterway, wetlands or designated flood plain.

37.07-5 Referral of applications


10/06/2008
VC48 An application of the kind listed below must be referred in accordance with section 55 of
the Act to the referral authority specified in Clause 66.03.
ƒ An application to use or develop land for any of the following:
ƒ Display home
ƒ Education centre
ƒ Hospital
ƒ Medical centre
ƒ Nursing home
ƒ Place of worship
ƒ Real estate agency.
ƒ An application to subdivide land to create a lot smaller than 40 hectares in area.

37.07-6 Environmental audit


10/06/2008
VC48
Before a nursing home, pre-school centre or primary school commences on potentially
contaminated land, or before the construction or carrying out of buildings and works in
association with a nursing home, pre-school centre or primary school commences on
potentially contaminated land, either:
ƒ A certificate of environmental audit must be issued for the land in accordance with
Part IXD of the Environment Protection Act 1970, or
ƒ An environmental auditor appointed under the Environment Protection Act 1970
must make a statement in accordance with Part IXD of that Act that the
environmental conditions of the land are suitable for the sensitive use.
In this clause, “potentially contaminated land” means land used or known to have been
used for industry, mining, or the storage of chemicals, gas, wastes or liquid fuel (if not
ancillary to another use of the land).

37.07-7 Decision guidelines


10/06/2008
VC48
Before deciding on an application to use or subdivide land, construct a building or
construct or carry out works, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.

URBAN GROWTH ZONE PAGE 5 OF 8


ƒ The effect on the future urban development and use of the land, and adjacent or
nearby land, having regard to:
ƒ Any relevant Growth Area Framework Plan.
ƒ Any precinct structure plan being prepared for the area.
ƒ Any comments or directions of the referral authority.
ƒ Whether the proposal will prejudice the logical, efficient and orderly future urban
development of the land, including the development of roads, public transport and
other infrastructure.
ƒ The capability of the land to accommodate the proposed use or development,
including the disposal of effluent.
ƒ How the use or development relates to sustainable land management.
ƒ Whether the site is suitable for the use or development.
ƒ The impact of the siting, design, height, bulk, colours and materials to be used on the
natural environment, major roads, vistas and water features, future urban use of the
land, and the measures to be undertaken to minimise any adverse impacts.
ƒ The impact on the character and appearance of the area or features of architectural,
historic or scientific significance or of natural scenic beauty or importance.
ƒ The location and design of existing and proposed infrastructure including roads,
public transport, walking and cycling networks, gas, water, drainage,
telecommunications and sewerage facilities.
ƒ Whether the use and development will require new or upgraded infrastructure,
including traffic management measures.

37.07-8 Advertising signs


21/09/2009
VC60
Advertising sign requirements are at Clause 52.05. The zone is in Category 3.
Despite the provisions of Clause 52.05-9, a permit may be granted, for a period of not
more than 5 years, to display an advertising sign that promotes the sale of land or
dwellings.

PART B - PROVISIONS FOR LAND WHERE A PRECINCT STRUCTURE


PLAN APPLIES

37.07-9 Use of land


10/06/2008
VC48
Any requirement in the Table of uses and any requirement specified in the schedule to
this zone must be met.

Table of uses

Section 1 – Permit not required


USE CONDITION

Any use in Section 1 of a zone applied Must comply with any condition opposite the
by the schedule to this zone use in Section 1 of the applied zone
Must comply with any condition specified in the
schedule to this zone

Any use specified in the schedule to Must comply with any condition specified in the
this zone as a use for which a permit schedule to this zone
is not required

URBAN GROWTH ZONE PAGE 6 OF 8


Section 2 – Permit required
USE CONDITION

Any use in Section 2 of a zone applied Must comply with any condition opposite the
by the schedule to this zone use in Section 2 of the applied zone
Must comply with any condition specified in the
schedule to this zone

Any use specified in the schedule to Must comply with any condition specified in the
this zone as a use for which a permit schedule to this zone
is required

Any other use not in Section 1 or 3

Section 3 - Prohibited
USE

Any use in Section 3 of a zone applied by the schedule to this zone


Any use specified in the schedule to this zone

37.07-10 Subdivision of land


10/06/2008
VC48
A permit is required to subdivide land. Any requirement in the schedule to this zone must
be met.
A permit granted must:
ƒ Be generally in accordance with the precinct structure plan applying to the land.
ƒ Include any conditions or requirements specified in the schedule to this zone.

37.07-11 Buildings and works


10/06/2008
VC48
If the schedule to this zone specifies:
ƒ That the provisions of a zone apply to the development of land, the provisions of the
zone apply to land in the circumstances specified in the schedule.
ƒ Provisions relating to the development of land, those provisions apply to land in the
circumstances specified in the schedule.
If the schedule to this zone specifies that a permit is required to construct a building or
construct or carry out works, a permit granted must:
ƒ Be generally in accordance with the precinct structure plan applying to the land.
ƒ Include any conditions or requirements specified in the schedule to this zone.

37.07-12 Application requirements


10/06/2008
VC48
An application to use or subdivide land, construct a building or construct or carry out
works, must be accompanied by any information specified in the schedule to this zone.

37.07-13 Exemption from notice and review


10/06/2008
VC48
An application under clause 37.07-9 to 37.07-11 which is generally in accordance with
the precinct structure plan applying to the land is exempt from the notice requirements of
section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and
the review rights of section 82(1) of the Act., unless the schedule to this zone specifies
otherwise.

URBAN GROWTH ZONE PAGE 7 OF 8


37.07-14 Decision guidelines
10/06/2008
VC48
Before deciding on an application to use or subdivide land, construct a building or
construct or carry out works, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Any relevant Growth Area Framework Plan.
ƒ The precinct structure plan applying to the land, including the vision and objectives
of the precinct structure plan.
ƒ Any guidelines in the schedule to this zone.

37.07-15 Inconsistencies between specific and applied zone provisions


10/06/2008
VC48
If there is an inconsistency between the specific provisions specified in the schedule to
this zone and the provisions of a zone applied by the schedule to this zone, the specific
provisions prevail to the extent of any inconsistency.

37.07-16 Advertising signs


10/06/2008
VC48
Advertising sign requirements are at Clause 52.05. This zone is in the category specified
in the schedule to this zone or, if no category is specified, Category 3.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.
Check whether an overlay also applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.

URBAN GROWTH ZONE PAGE 8 OF 8


37.08 ACTIVITY CENTRE ZONE
17/09/2009
VC59
Shown on the planning scheme map as ACZ with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To encourage a mixture of uses and the intensive development of the activity centre:
ƒ As a focus for business, shopping, working, housing, leisure, transport and community
facilities.
ƒ To support sustainable urban outcomes that maximise the use of infrastructure and
public transport.
To deliver a diversity of housing at higher densities to make optimum use of the facilities
and services.
To create through good urban design an attractive, pleasant, walkable, safe and stimulating
environment.
To facilitate use and development of land in accordance with the Development Framework
for the activity centre.

37.08-1 Operation
17/09/2009
VC59
A schedule to this zone comprises the Development Framework for the activity centre.
A schedule to this zone must contain:
ƒ A framework plan for the activity centre.
ƒ A statement of the activity centre land use and development objectives to be achieved.
A schedule to this zone may contain:
ƒ Centre-wide provisions.
ƒ Precinct provisions.

37.08-2 Table of uses


17/09/2009
VC59
Section 1 - Permit not required
USE CONDITION
Any use in Section 1 of the schedule to Must comply with any condition in Section 1 of
this zone the schedule to this zone.

Section 2 - Permit required


USE CONDITION
Any use in Section 2 of the schedule to Must comply with any condition in Section 2 of
this zone the schedule to this zone.

Section 3 - Prohibited

USE
Any use in Section 3 of the schedule to
this zone

ACTIVITY CENTRE ZONE PAGE 1 OF 5


37.08-3 Use of land
17/09/2009
VC59
Any requirement in the schedule to this zone must be met.

37.08-4 Subdivision
17/09/2009
VC59
A permit is required to subdivide land.
Any requirement in the schedule to this zone must be met.

37.08-5 Buildings and works


17/09/2009
VC59
A permit is required to construct a building or construct or carry out works unless the
schedule to this zone specifies otherwise.

37.08-6 Design and development


17/09/2009
VC59
A schedule to this zone may include requirements relating to:
ƒ Building setbacks.
ƒ Building height.
ƒ Building materials.
ƒ Access.
ƒ Landscaping.
ƒ Public realm.
ƒ Any other requirements or guidelines relating to the design or built form of new
development.
A permit may be granted to construct a building or construct or carry out works which is
not in accordance with any design and development requirement in the schedule to this
zone unless the schedule to this zone specifies otherwise.

37.08-7 Application requirements


17/09/2009
VC59
Use

An application to use land must be accompanied by the following information, as


appropriate:
ƒ A description of the proposed use and the types of activities which will be carried out
and any proposed staging of use and activities on the land.
ƒ Plans drawn to scale and dimensioned which show:
‚ The siting and use of buildings.
‚ Areas not required for immediate use.
‚ Adjacent buildings and uses.
ƒ The likely effects, if any, on adjoining land, including noise levels, traffic, the hours of
delivery and despatch of goods and materials, hours of operation and light spill, solar
access, glare, air-borne emissions and emissions to land and water.
ƒ If an industry or warehouse:
‚ The type and quantity of goods to be stored, processed or produced.
‚ Whether a Works Approval or Waste Discharge Licence is required from the
Environment Protection Authority.
‚ Whether a notification under the Occupational Health and Safety (Major Hazard
Facilities) Regulations 2000 is required, a licence under the Dangerous Goods Act

ACTIVITY CENTRE ZONE PAGE 2 OF 5


1995 is required, or a fire protection quantity under the Dangerous Goods (Storage
and Handling) Regulations 2000 is exceeded.
ƒ Any other information specified in the schedule to this zone.

Subdivision

An application to subdivide land must be accompanied by the following information, as


appropriate:
ƒ Plans drawn to scale and dimensioned which show:
‚ Site shape, size, dimensions and orientation.
‚ The pattern of subdivision of the surrounding area.
‚ Easements.
‚ Location of drainage and other utilities.
‚ Street frontage features such as poles, street trees and kerb crossovers.
‚ Access points.
‚ Any natural features.
ƒ Any other information specified in the schedule to this zone.

Buildings and works

An application to construct a building or construct or carry out works must be accompanied


by the following information, as appropriate:
ƒ Plans drawn to scale and dimensioned which show:
‚ The boundaries and dimensions of the site.
‚ Adjoining roads.
‚ The location, height and use of buildings and works on adjoining land.
‚ Levels of the site and the difference in levels between the site and surrounding
properties to a defined point at the site boundaries or to Australian Height Datum
(AHD).
‚ Any contaminated soils and filled areas, where known.
‚ The layout of existing and proposed buildings and works.
‚ The internal layout and use of the proposed development.
‚ All access and pedestrian areas.
‚ All driveway, car parking and loading areas.
‚ Existing vegetation and proposed landscape areas.
‚ All external storage and waste treatment areas.
‚ The location of easements and services.
ƒ Elevation plans drawn to scale and dimensioned which show:
‚ The building form and scale.
‚ Setbacks to property boundaries.
‚ Finished floor levels and building heights to a defined point at the site boundaries or
to Australian Height Datum (AHD).
ƒ Shadow diagrams based on the equinox shown for existing conditions and the proposed
development.
ƒ A schedule of finishes for the proposed development detailing materials and colours of
external surfaces including walls, roofs and fences.
ƒ A written statement providing an assessment of the proposal against the relevant
sections of the State and Local Planning Policy Frameworks, Activity Centre Zone and
any relevant overlays.

ACTIVITY CENTRE ZONE PAGE 3 OF 5


ƒ An assessment of the characteristics of the area including:
‚ Any environmental features such as vegetation, topography and significant views.
‚ Street design and landscape.
‚ The pattern of development.
‚ Building form, scale and rhythm.
‚ Architectural style, building details and materials.
‚ Connection to the public realm.
‚ Any significant noise, odour, fume and vibration sources to and/or from the
development.
ƒ A landscape plan which includes the description of vegetation to be planted, the
surfaces to be constructed, site works specification and method of preparing, draining,
watering and maintaining the landscape area.
ƒ Construction details of all drainage works, driveways, vehicle parking and loading
areas.
ƒ An application for a residential development of four or more storeys must include an
urban context report and design response as required in Clause 52.35.
ƒ Any other information specified in the schedule to this zone.

37.08-8 Exemption from notice and review


17/09/2009
VC59
An application under Clauses 37.08-2, 37.08-4, 37.08-5 or 37.08-6 is exempt from the
notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section
64(1), (2) and (3) and the review rights of Section 82(1) of the Act unless the schedule to
this zone specifies otherwise.
A schedule to this zone may specify an application in respect of land in an Activity Centre
Zone under any other specified provision of this scheme is exempt from the notice
requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1),
(2) and (3) and the review rights of Section 82(1) of the Act.

37.08-9 Decision guidelines


17/09/2009
VC59
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

General

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The development framework plan set out in the schedule to this zone.
ƒ The land use and development objectives set out in the schedule to this zone.
ƒ The Activity Centre Design Guidelines (Department of Sustainability and Environment
2005).
ƒ The Safer Design Guidelines for Victoria (Crime Prevention Victoria and Department
of Sustainability and Environment 2005).
ƒ The extent that the layout and design of the new use or development minimises the
potential for off-site impacts, including from noise, fumes, odour or vibrations, ensuring
that:
‚ existing uses are not compromised by a new development, or
‚ a new development is designed to address amenity impacts from existing uses.
ƒ Any requirements set out in the schedule to this zone.
ƒ Any other decision guidelines specified in the schedule to this zone.

ACTIVITY CENTRE ZONE PAGE 4 OF 5


Access

ƒ Movements systems through and around the site including the movement of pedestrians
and cyclists, and vehicles providing for supplies, waste removal, emergency services
and public transport.
ƒ The provision of car parking, loading of vehicles and access to parking spaces and
loading bays.

Use

ƒ The interim use of those parts of the land not required for the proposed use.
ƒ Whether the use is compatible with adjoining and nearby land uses.

Subdivision

ƒ The pattern of subdivision and its effect on the spacing of buildings.


ƒ For subdivision of land for residential development, the objectives and standards of
Clause 56.

Design and built form

ƒ The design, scale, height, setback, appearance and material of the proposed buildings
and works.
ƒ The provision for solar access to the building and on the public realm.
ƒ The design of the public realm.
ƒ The relationship between the proposed building and the public realm.
ƒ The streetscape, including the conservation of buildings, the design of verandas, access
from the street front, provision of active frontages to pedestrian areas, the treatment of
the fronts and backs of buildings and their appurtenances, illumination of buildings or
their immediate spaces and the landscaping of land adjoining a road.
ƒ The interface with adjoining zones, especially the relationship with residential zones.
ƒ For a residential development of three storeys or less, excluding a basement, the
objectives, standards and decision guidelines of Clause 54 and Clause 55.
ƒ For a residential development of four or more storeys, excluding a basement, the Design
Guidelines for Higher Density Residential Development (Department of Sustainability
and Environment 2004).
ƒ The storage of rubbish and materials for recycling.

37.08-10 Advertising signs


17/09/2009
VC59
Advertising sign requirements are at Clause 52.05. This zone is in Category 1 unless a
schedule to this zone specifies a different category.

37.08-11 Other provisions of the scheme


17/09/2009
VC59 The schedule to this zone may specify that other provisions of the scheme do not apply.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.
Check whether an overlay also applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.

ACTIVITY CENTRE ZONE PAGE 5 OF 5


Overlays
Overlays
40 OVERLAYS
19/01/2006
VC37
This section sets out the overlays which apply in this scheme.

OVERLAYS – CLAUSE 40 PAGE 1 OF 1


41 OPERATION OF OVERLAYS
19/01/2006
VC37

If an overlay is shown on the planning scheme map, the provisions of the overlay apply
in addition to the provisions of the zone and any other provision of this scheme.
Because a permit can be granted does not imply that a permit should or will be granted.
The responsible authority must decide whether the proposal will produce acceptable
outcomes in terms of the State Planning Policy Framework, the Local Planning Policy
Framework, the purpose and decision guidelines of the overlay and any of the other
decision guidelines in Clause 65.

OPERATION OF OVERLAYS PAGE 1 OF 1


42 ENVIRONMENTAL AND LANDSCAPE OVERLAYS
19/01/2006
VC37

ENVIRONMENTAL AND LANDSCAPE OVERLAYS PAGE 1 OF 1


42.01 ENVIRONMENTAL SIGNIFICANCE OVERLAY
18/06/2010
VC62
Shown on the planning scheme map as ESO with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To identify areas where the development of land may be affected by environmental
constraints.
To ensure that development is compatible with identified environmental values.

42.01-1 Environmental significance and objective


19/01/2006
VC37
A schedule to this overlay must contain:

 A statement of environmental significance.


 The environmental objective to be achieved.

42.01-2 Permit requirement


15/09/2008
VC49
A permit is required to:

 Construct a building or construct or carry out works. This does not apply if a schedule
to this overlay specifically states that a permit is not required.
 Construct a fence if specified in a schedule to this overlay.
 Construct bicycle pathways and trails.
 Subdivide land. This does not apply if a schedule to this overlay specifically states that
a permit is not required.
 Remove, destroy or lop any vegetation, including dead vegetation. This does not apply:
 If a schedule to this overlay specifically states that a permit is not required.
 If the table to Clause 42.01-3 specifically states that a permit is not required.
 To the removal, destruction or lopping of native vegetation in accordance with a
native vegetation precinct plan specified in the schedule to Clause 52.16.

42.01-3 Table of exemptions


18/06/2010
VC62
No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:

Regrowth  The vegetation is regrowth which has naturally established or


regenerated on land lawfully cleared of naturally established
vegetation and is within the boundary of a timber production
plantation, as indicated on a Plantation Development Notice or
other documented record, and has established after the
plantation.

This exemption does not apply to land on which vegetation


has been cleared or otherwise destroyed or damaged as a
result of flood, fire or other natural disaster.

ENVIRONMENTAL SIGNIFICANCE OVERLAY PAGE 1 OF 4


No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:

Bracken  The vegetation is bracken (Pteridium esculentum) which has


naturally established or regenerated on land lawfully cleared of
naturally established vegetation.

This exemption does not apply to land on which vegetation


has been cleared or otherwise destroyed or damaged as a
result of flood, fire or other natural disaster.

Noxious weeds  The vegetation is a noxious weed the subject of a declaration


under section 58 or section 58A of the Catchment and Land
Protection Act 1994. This exemption does not apply to
Australian Dodder (Cuscuta australis).

Pest animal  The vegetation is to be removed, destroyed or lopped to


burrows enable the removal of pest animal burrows.

In the case of native vegetation the written agreement of an


officer of the Department responsible for administering the
Flora and Fauna Guarantee Act 1988 is required before the
vegetation can be removed, destroyed or lopped.

Land use  The vegetation is to be removed, destroyed or lopped to


conditions comply with a land use condition served under the Catchment
and Land Protection Act 1994.

Land management  The vegetation is to be removed, destroyed or lopped to


notices comply with land management notice issued under the
Catchment and Land Protection Act 1994.

Planted vegetation  The vegetation has been planted or grown as a result of direct
seeding for Crop raising or Extensive animal husbandry.

Emergency works  The vegetation presents an immediate risk of personal injury


or damage to property and only that part of vegetation which
presents the immediate risk is removed, destroyed or lopped.

 The vegetation is to be removed, destroyed or lopped by a


public authority or municipal council to create an emergency
access or to enable emergency works.

Fire protection  The vegetation is to be removed, destroyed or lopped for the


making of a fuelbreak by or on behalf of a public authority in
accordance with a strategic fuelbreak plan approved by the
Secretary to the Department of Sustainability and Environment
(as constituted under Part 2 of the Conservation, Forest and
Lands Act 1987. The maximum width of a fuelbreak must not
exceed 40 metres.

 The vegetation is to be removed, destroyed or lopped for fire


fighting measures, periodic fuel reduction burning, or the
making of a fuel break up to 6 metres wide.

 The vegetation is ground fuel within 30 metres of a building.

 The vegetation is to be removed, destroyed or lopped in


accordance with a fire prevention notice under:

 Section 65 of the Forests Act 1958.

 Section 41 of the Country Fire Authority Act 1958.

ENVIRONMENTAL SIGNIFICANCE OVERLAY PAGE 2 OF 4


No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:

 Section 8 of the Local Government Act 1989.

 The vegetation is to be removed, destroyed or lopped to keep


the whole or any part of any vegetation clear of an electric line
in accordance with a code of practice prepared under Part 8 of
the Electricity Safety Act 1998.

 The vegetation is to be removed, destroyed or lopped in


accordance with any code of practice prepared in accordance
with Part 8 of the Electricity Safety Act 1998 in order to
minimise the risk of bushfire ignition in the proximity of
electricity lines.

Surveying  The vegetation is to be removed, destroyed or lopped for


establishing sight-lines for the measurement of land by
surveyors in the exercise of their profession, and if using
hand-held tools.

Public roads  The vegetation is to be removed, destroyed or lopped to


maintain the safe and efficient function of an existing public
road managed by the relevant responsible road authority (as
defined by the Road Management Act 2004) in accordance
with the written agreement of the Secretary of the Department
of Sustainability and Environment.

Railways  The vegetation is to be removed, destroyed or lopped to


maintain the safe and efficient function of an existing railway
or railway access road, in accordance with the written
agreement of the Secretary to the Department of Sustainability
and Environment (as constituted under Part 2 of the
Conservation, Forest and Lands Act 1987).

Extractive industry  The vegetation is to be removed, destroyed or lopped to


enable the carrying out of Extractive industry in accordance
with a work plan approved under the Extractive Industries
Development Act 1995 and authorised by a work authority
granted under that Act.

Search for stone  The vegetation is to be removed, destroyed or lopped to


enable the carrying out of the Search for stone.

The maximum extent of vegetation removed, destroyed or


lopped under this exemption on contiguous land in the same
ownership in a five year period must not exceed any of the
following:

 1 hectare of vegetation which does not include a tree.

 15 trees if each tree has a trunk diameter of less than 40


centimetres at a height of 1.3 metres above ground level.

 5 trees if each tree has a trunk diameter of 40 centimetres


or more at a height of 1.3 metres above ground level.

This exemption does not apply to vegetation to be removed,


destroyed or lopped to enable costeaning and bulk sampling
activities.

Mining  The vegetation is to be removed, destroyed or lopped to


enable the carrying out of Mining in accordance with a work

ENVIRONMENTAL SIGNIFICANCE OVERLAY PAGE 3 OF 4


No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:
plan approved under the Mineral Resources (Sustainable
Development) Act 1990 and authorised by a work authority
granted under that Act.

Mineral  The vegetation is to be removed, destroyed or lopped to


Exploration enable the carrying out of Mineral exploration.

Geothermal  The vegetation is to be removed, destroyed or lopped to


energy exploration enable the carrying out of geothermal energy exploration or
and extraction extraction in accordance with the Geothermal Energy
Resources Act 2005.

Greenhouse gas  The vegetation is to be removed, destroyed or lopped to


sequestration enable the carrying out of geothermal energy exploration or
exploration extraction in accordance with the Greenhouse Gas Geological
Sequestration Act 2008.

Greenhouse gas  The vegetation is to be removed, destroyed or lopped to


sequestration enable the carrying out of geothermal energy exploration or
extraction in accordance with the Greenhouse Gas Geological
Sequestration Act 2008.

42.01-4 Decision guidelines


15/09/2008
VC49 Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The statement of environmental significance and the environmental objective contained
in a schedule to this overlay.
 Any other matters specified in a schedule to this overlay.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

ENVIRONMENTAL SIGNIFICANCE OVERLAY PAGE 4 OF 4


42.02 VEGETATION PROTECTION OVERLAY
18/06/2010
VC62
Shown on the planning scheme map as VPO with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To protect areas of significant vegetation.
To ensure that development minimises loss of vegetation.
To preserve existing trees and other vegetation.
To recognise vegetation protection areas as locations of special significance, natural
beauty, interest and importance.
To maintain and enhance habitat and habitat corridors for indigenous fauna.
To encourage the regeneration of native vegetation.

42.02-1 Vegetation significance and objective


19/01/2006
VC37
A schedule to this overlay must contain:

ƒ A statement of the nature and significance of the vegetation to be protected.


ƒ The vegetation protection objective to be achieved.

42.02-2 Permit requirement


15/09/2008
VC49
A permit is required to remove, destroy or lop any vegetation specified in a schedule to this
overlay.
This does not apply:

ƒ If the table to Clause 42.02-3 specifically states that a permit is not required.
ƒ To the removal, destruction or lopping of native vegetation in accordance with a
native vegetation precinct plan specified in the schedule to Clause 52.16.

42.02-3 Table of exemptions


18/06/2010
VC62
No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:

Regrowth ƒ The vegetation is regrowth which has naturally established or


regenerated on land lawfully cleared of naturally established
vegetation and is within the boundary of a timber production
plantation, as indicated on a Plantation Development Notice or
other documented record, and has established after the
plantation.

This exemption does not apply to land on which vegetation has


been cleared or otherwise destroyed or damaged as a result of
flood, fire or other natural disaster.

Bracken ƒ The vegetation is bracken (Pteridium esculentum) which has


naturally established or regenerated on land lawfully cleared of
naturally established vegetation.

VEGETATION PROTECTION OVERLAY PAGE 1 OF 5


No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:

This exemption does not apply to land on which vegetation has


been cleared or otherwise destroyed or damaged as a result of
flood, fire or other natural disaster.

Noxious weeds ƒ The vegetation is a noxious weed the subject of a declaration


under section 58 or section 58A of the Catchment and Land
Protection Act 1994. This exemption does not apply to
Australian Dodder (Cuscuta australis).

Pest animal ƒ The vegetation is to be removed, destroyed or lopped to


burrows enable the removal of pest animal burrows.

In the case of native vegetation the written agreement of an


officer of the Department responsible for administering the
Flora and Fauna Guarantee Act 1988 is required before the
vegetation can be removed, destroyed or lopped.

Land use ƒ The vegetation is to be removed, destroyed or lopped to


conditions comply with a land use condition served under the Catchment
and Land Protection Act 1994.

Land management ƒ The vegetation is to be removed, destroyed or lopped to


notices comply with land management notice issued under the
Catchment and Land Protection Act 1994.

Planted vegetation ƒ The vegetation has been planted or grown as a result of direct
seeding for Crop raising or Extensive animal husbandry.

Emergency works ƒ The vegetation presents an immediate risk of personal injury or


damage to property and only that part of vegetation which
presents the immediate risk is removed, destroyed or lopped.

ƒ The vegetation is to be removed, destroyed or lopped by a


public authority or municipal council to create an emergency
access or to enable emergency works.

Fire protection ƒ The vegetation is to be removed, destroyed or lopped for the


making of a fuelbreak by or on behalf of a public authority in
accordance with a strategic fuelbreak plan approved by the
Secretary to the Department of Sustainability and Environment
(as constituted under Part 2 of the Conservation, Forest and
Lands Act 1987).The maximum width of a fuelbreak must not
exceed 40 metres.

ƒ The vegetation is to be removed, destroyed or lopped for fire


fighting measures, periodic fuel reduction burning, or the
making of a fuel break up to 6 metres wide.

ƒ The vegetation is ground fuel within 30 metres of a building.

ƒ The vegetation is to be removed, destroyed or lopped in


accordance with a fire prevention notice under:

‚ Section 65 of the Forests Act 1958.

‚ Section 41 of the Country Fire Authority Act 1958.

‚ Section 8 of the Local Government Act 1989.

ƒ The vegetation is to be removed, destroyed or lopped to keep


the whole or any part of any vegetation clear of an electric line

VEGETATION PROTECTION OVERLAY PAGE 2 OF 5


No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:
in accordance with a code of practice prepared under Part 8 of
the Electricity Safety Act 1998.

ƒ The vegetation is to be removed, destroyed or lopped in


accordance with any code of practice prepared in accordance
with Part 8 of the Electricity Safety Act 1998 in order to
minimise the risk of bushfire ignition in the proximity of
electricity lines.

Surveying ƒ The vegetation is to be removed, destroyed or lopped for


establishing sight-lines for the measurement of land by
surveyors in the exercise of their profession, and if using hand-
held tools.

Public roads ƒ The vegetation is to be removed, destroyed or lopped to


maintain the safe and efficient function of an existing public
road managed by the relevant responsible road authority (as
defined by the Road Management Act 2004) in accordance
with the written agreement of the Secretary of the Department
of Sustainability and Environment.

Railways ƒ The vegetation is to be removed, destroyed or lopped to


maintain the safe and efficient function of an existing railway or
railway access road, in accordance with the written agreement
of the Secretary to the Department of Sustainability and
Environment (as constituted under Part 2 of the Conservation,
Forest and Lands Act 1987).

Extractive industry ƒ The vegetation is to be removed, destroyed or lopped to


enable the carrying out of Extractive industry in accordance
with a work plan approved under the Extractive Industries
Development Act 1995 and authorised by a work authority
granted under that Act.

Search for stone ƒ The vegetation is to be removed, destroyed or lopped to


enable the carrying out of the Search for stone.

The maximum extent of vegetation removed, destroyed or


lopped under this exemption on contiguous land in the same
ownership in a five year period must not exceed any of the
following:

‚ 1 hectare of vegetation which does not include a tree.

‚ 15 trees if each tree has a trunk diameter of less than 40


centimetres at a height of 1.3 metres above ground level.

‚ 5 trees if each tree has a trunk diameter of 40 centimetres


or more at a height of 1.3 metres above ground level.

This exemption does not apply to vegetation to be removed,


destroyed or lopped to enable costeaning and bulk sampling
activities.

Mining ƒ The vegetation is to be removed, destroyed or lopped to


enable the carrying out of Mining in accordance with a work
plan approved under the Mineral Resources (Sustainable
Development) Act 1990 and authorised by a work authority
granted under that Act.

VEGETATION PROTECTION OVERLAY PAGE 3 OF 5


No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:

Mineral ƒ The vegetation is to be removed, destroyed or lopped to


Exploration enable the carrying out of Mineral exploration.

Geothermal ƒ The vegetation is to be removed, destroyed or lopped to


energy exploration enable the carrying out of geothermal energy exploration or
and extraction extraction in accordance with the Geothermal Energy
Resources Act 2005.

Greenhouse gas ƒ The vegetation is to be removed, destroyed or lopped to


sequestration enable the carrying out of geothermal energy exploration or
exploration extraction in accordance with the Greenhouse Gas Geological
Sequestration Act 2008.

Greenhouse gas ƒ The vegetation is to be removed, destroyed or lopped to


sequestration enable the carrying out of geothermal energy exploration or
extraction in accordance with the Greenhouse Gas Geological
Sequestration Act 2008.

42.02-4 Decision guidelines


15/09/2008
VC49
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The statement of the nature and significance of the vegetation to be protected and the
vegetation protection objective contained in a schedule to this overlay.
ƒ The effect of the proposed use, building, works or subdivision on the nature and type
of vegetation to be protected.
ƒ The role of native vegetation in conserving flora and fauna.
ƒ The need to retain native or other vegetation if it is rare, supports rare species of flora
or fauna or forms part of a wildlife corridor.
ƒ The need to retain vegetation which prevents or limits adverse effects on ground
water recharge.
ƒ The need to retain vegetation:
ƒ Where ground slopes exceed 20 percent.
ƒ Within 30 metres of a waterway or wetland.
ƒ On land where the soil or subsoil may become unstable if cleared.
ƒ On land subject to or which may contribute to soil erosion, slippage or
salinisation.
ƒ In areas where the removal, destruction or lopping of vegetation could adversely
affect the integrity or long term preservation of an identified site of scientific,
nature conservation or cultural significance.
ƒ Which is of heritage or cultural significance.
ƒ Any relevant permit to remove, destroy or lop vegetation in accordance with a land
management plan or works program.
ƒ Whether the application includes a land management plan or works program.

VEGETATION PROTECTION OVERLAY PAGE 4 OF 5


ƒ Whether provision is made or is to be made to establish and maintain vegetation
elsewhere on the land.
ƒ Any other matters specified in a schedule to this overlay.

Note: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of the land.

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

VEGETATION PROTECTION OVERLAY PAGE 5 OF 5


42.03 SIGNIFICANT LANDSCAPE OVERLAY
18/06/2010
VC62
Shown on the planning scheme map as SLO with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To identify significant landscapes.
To conserve and enhance the character of significant landscapes.

42.03-1 Landscape character and objectives


19/01/2006
VC37
A schedule to this overlay must contain:

 A statement of the nature and key elements of the landscape.


 The landscape character objective to be achieved.

42.03-2 Permit requirement


15/09/2008
VC49
A permit is required to:

 Construct a building or construct or carry out works. This does not apply:
 If a schedule to this overlay specifically states that a permit is not required.
 To the conduct of agricultural activities including ploughing and fencing (but not the
construction of dams) unless a specific requirement for that activity is specified in a
schedule to this overlay.
 Construct a fence if specified in the schedule to this overlay.
 Remove, destroy or lop any vegetation specified in a schedule to this overlay. This does
not apply:
 If the table to Clause 42.03-3 specifically states that a permit is not required.
 To the removal, destruction or lopping of native vegetation in accordance with a
native vegetation precinct plan specified in the schedule to Clause 52.16.

42.03-3 Table of exemptions


18/06/2010
VC62
No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:

Regrowth  The vegetation is regrowth which has naturally established or


regenerated on land lawfully cleared of naturally established
vegetation and is within the boundary of a timber production
plantation, as indicated on a Plantation Development Notice or
other documented record, and has established after the
plantation.

This exemption does not apply to land on which vegetation


has been cleared or otherwise destroyed or damaged as a
result of flood, fire or other natural disaster.

SIGNIFICANT LANDSCAPE OVERLAY PAGE 1 OF 4


No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:

Bracken  The vegetation is bracken (Pteridium esculentum) which has


naturally established or regenerated on land lawfully cleared of
naturally established vegetation.

This exemption does not apply to land on which vegetation


has been cleared or otherwise destroyed or damaged as a
result of flood, fire or other natural disaster.

Noxious weeds  The vegetation is a noxious weed the subject of a declaration


under section 58 or section 58A of the Catchment and Land
Protection Act 1994. This exemption does not apply to
Australian Dodder (Cuscuta australis).

Pest animal  The vegetation is to be removed, destroyed or lopped to


burrows enable the removal of pest animal burrows.

In the case of native vegetation the written agreement of an


officer of the Department responsible for administering the
Flora and Fauna Guarantee Act 1988 is required before the
vegetation can be removed, destroyed or lopped.

Land use  The vegetation is to be removed, destroyed or lopped to


conditions comply with a land use condition served under the Catchment
and Land Protection Act 1994.

Land management  The vegetation is to be removed, destroyed or lopped to


notices comply with land management notice issued under the
Catchment and Land Protection Act 1994.

Planted vegetation  The vegetation has been planted or grown as a result of direct
seeding for Crop raising or Extensive animal husbandry.

Emergency works  The vegetation presents an immediate risk of personal injury


or damage to property and only that part of vegetation which
presents the immediate risk is removed, destroyed or lopped.

 The vegetation is to be removed, destroyed or lopped by a


public authority or municipal council to create an emergency
access or to enable emergency works.

Fire protection  The vegetation is to be removed, destroyed or lopped for the


making of a fuelbreak by or on behalf of a public authority in
accordance with a strategic fuelbreak plan approved by the
Secretary to the Department of Sustainability and Environment
(as constituted under Part 2 of the Conservation, Forest and
Lands Act 1987). The maximum width of a fuelbreak must not
exceed 40 metres.

 The vegetation is to be removed, destroyed or lopped for fire


fighting measures, periodic fuel reduction burning, or the
making of a fuel break up to 6 metres wide.

 The vegetation is ground fuel within 30 metres of a building.

 The vegetation is to be removed, destroyed or lopped in


accordance with a fire prevention notice under:

 Section 65 of the Forests Act 1958.

 Section 41 of the Country Fire Authority Act 1958.

SIGNIFICANT LANDSCAPE OVERLAY PAGE 2 OF 4


No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:

 Section 8 of the Local Government Act 1989.

 The vegetation is to be removed, destroyed or lopped to keep


the whole or any part of any vegetation clear of an electric line
in accordance with a code of practice prepared under Part 8 of
the Electricity Safety Act 1998.

 The vegetation is to be removed, destroyed or lopped in


accordance with any code of practice prepared in accordance
with Part 8 of the Electricity Safety Act 1998 in order to
minimise the risk of bushfire ignition in the proximity of
electricity lines.

Surveying  The vegetation is to be removed, destroyed or lopped for


establishing sight-lines for the measurement of land by
surveyors in the exercise of their profession, and if using
hand-held tools.

Public roads  The vegetation is to be removed, destroyed or lopped to


maintain the safe and efficient function of an existing public
road managed by the relevant responsible road authority (as
defined by the Road Management Act 2004) in accordance
with the written agreement of the Secretary to the Department
of Sustainability and Environment (as constituted under Part 2
of the Conservation, Forest and Lands Act 1987.).

Railways  The vegetation is to be removed, destroyed or lopped to


maintain the safe and efficient function of an existing railway
or railway access road, in accordance with the written
agreement of the Secretary of the Secretary to the Department
of Sustainability and Environment (as constituted under Part 2
of the Conservation, Forest and Lands Act 1987).

Extractive industry  The vegetation is to be removed, destroyed or lopped to


enable the carrying out of Extractive industry in accordance
with a work plan approved under the Extractive Industries
Development Act 1995 and authorised by a work authority
granted under that Act.

Search for stone  The vegetation is to be removed, destroyed or lopped to


enable the carrying out of the Search for stone.

The maximum extent of vegetation removed, destroyed or


lopped under this exemption on contiguous land in the same
ownership in a five year period must not exceed any of the
following:

 1 hectare of vegetation which does not include a tree.

 15 trees if each tree has a trunk diameter of less than 40


centimetres at a height of 1.3 metres above ground level.

 5 trees if each tree has a trunk diameter of 40 centimetres


or more at a height of 1.3 metres above ground level.

This exemption does not apply to vegetation to be removed,


destroyed or lopped to enable costeaning and bulk sampling
activities.

Mining  The vegetation is to be removed, destroyed or lopped to

SIGNIFICANT LANDSCAPE OVERLAY PAGE 3 OF 4


No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:
enable the carrying out of Mining in accordance with a work
plan approved under the Mineral Resources (Sustainable
Development) Act 1990 and authorised by a work authority
granted under that Act.

Mineral  The vegetation is to be removed, destroyed or lopped to


Exploration enable the carrying out of Mineral exploration.

Geothermal  The vegetation is to be removed, destroyed or lopped to


energy exploration enable the carrying out of geothermal energy exploration or
and extraction extraction in accordance with the Geothermal Energy
Resources Act 2005.

Greenhouse gas  The vegetation is to be removed, destroyed or lopped to


sequestration enable the carrying out of geothermal energy exploration or
exploration extraction in accordance with the Greenhouse Gas Geological
Sequestration Act 2008.

Greenhouse gas  The vegetation is to be removed, destroyed or lopped to


sequestration enable the carrying out of geothermal energy exploration or
extraction in accordance with the Greenhouse Gas Geological
Sequestration Act 2008.

42.03-4 Decision guidelines


15/09/2008
VC49
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider , as appropriate:

 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The statement of the nature and key elements of the landscape and the landscape
character objective contained in a schedule to this overlay.
 The conservation and enhancement of the landscape values of the area.
 The impact of the proposed buildings and works on the landscape due to height, bulk,
colour, general appearance or the need to remove vegetation.
 The extent to which the buildings and works are designed to enhance or promote the
landscape character objectives of the area.
 The impact of buildings and works on significant views.
 Any other matters specified in a schedule to this overlay.
Note: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of the land.

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

SIGNIFICANT LANDSCAPE OVERLAY PAGE 4 OF 4


43 HERITAGE AND BUILT FORM OVERLAYS
19/01/2006
VC37

HERITAGE AND BUILT FORM OVERLAYS PAGE 1 OF 1


43.01 HERITAGE OVERLAY
21/09/2009
VC60
Shown on the planning scheme map as HO with a number (if shown).

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To conserve and enhance heritage places of natural or cultural significance.
To conserve and enhance those elements which contribute to the significance of heritage
places.
To ensure that development does not adversely affect the significance of heritage places.
To conserve specifically identified heritage places by allowing a use that would otherwise
be prohibited if this will demonstrably assist with the conservation of the significance of the
heritage place.

Scope

The requirements of this overlay apply to heritage places specified in the schedule to this
overlay. A heritage place includes both the listed heritage item and its associated land.
Heritage places may also be shown on the planning scheme map.

43.01-1 Permit requirement


21/09/2009
VC60
A permit is required to:

 Subdivide land.
 Demolish or remove a building.
 Construct a building or construct or carry out works, including:
 Domestic services normal to a dwelling if the services are visible from a street (other
than a lane) or public park.
 A solar energy facility attached to a building that primarily services the land on
which it is situated if the services are visible from a street (other than a lane) or
public park.
 A rainwater tank if the rainwater tank is visible from a street (other than a lane) or
public park.
 A fence.
 Road works and street furniture other than:
– traffic signals, traffic signs, fire hydrants, parking meters, post boxes and seating
– speed humps, pedestrian refuges and splitter islands where the existing footpaths
or kerb and channel are not altered.
 A domestic swimming pool or spa and associated mechanical and safety equipment.
 A pergola or verandah, including an open-sided pergola or verandah to a dwelling
with a finished floor level not more than 800mm above ground level and a maximum
building height of 3 metres above ground level.
 A deck, including a deck to a dwelling with a finished floor level not more than
800mm above ground level.
 Non-domestic disabled access.

HERITAGE OVERLAY PAGE 1 OF 4


 Bicycle pathways and trails.
 Externally alter a building by structural work, rendering, sandblasting or in any other
way.
 Construct or display a sign.
 Externally paint a building if the schedule to this overlay identifies the heritage place as
one where external paint controls apply.
 Externally paint an unpainted surface.
 Externally paint a building if the painting constitutes an advertisement.
 Internally alter a building if the schedule to this overlay identifies the heritage place as
one where internal alteration controls apply.
 Carry out works, repairs and routine maintenance which change the appearance of a
heritage place or which are not undertaken to the same details, specifications and
materials.
 Remove, destroy or lop a tree if the schedule to this overlay identifies the heritage place
as one where tree controls apply. This does not apply:
 To any action which is necessary to keep the whole or any part of a tree clear of an
electric line provided the action is carried out in accordance with a code of practice
prepared under Section 86 of the Electricity Safety Act 1998.
 If the tree presents an immediate risk of personal injury or damage to property.

43.01-2 No permit required


15/09/2008
VC49
No permit is required under this overlay:

 For anything done in accordance with an incorporated plan specified in a schedule to


this overlay.
 To internally alter a church for liturgical purposes if the responsible authority is satisfied
that the alterations are required for liturgical purposes.
 For interments, burials and erection of monuments, re-use of graves, burial of cremated
remains and exhumation of remains in accordance with the Cemeteries and Crematoria
Act 2003.
 To develop a heritage place which is included on the Victorian Heritage Register.

43.01-3 Exemption from notice and review


15/09/2008
VC49
An application under this overlay for any of the following classes of development is exempt
from the notice requirements of Section 52(1) (a), (b) and (d), the decision requirements of
Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act:

 Demolition or removal of an outbuilding (including a carport, garage, pergola,


verandah, deck, shed or similar structure) unless the outbuilding is identified in the
schedule to this overlay.
 Demolition or removal of a fence unless the fence is identified in the schedule to this
overlay.
 External alteration of a building.
 External painting.
 Construction of a fence.

HERITAGE OVERLAY PAGE 2 OF 4


 Construction of a carport, garage, pergola, verandah, deck, shed or similar structure.
 Domestic services normal to a dwelling.
 Carry out works, repairs and routine maintenance.
 Internally alter a building.
 Non-domestic disabled access ramp.
 Construction of a vehicle cross-over.
 Construction of a domestic swimming pool or spa and associated mechanical equipment
and safety fencing.
 Construction of a tennis court.
 Construction of a rainwater tank.
 Construction or display of a sign.
 Lopping of a tree.
 Construction of seating, picnic tables, drinking taps, barbeques, rubbish bins, security
lighting, irrigation, drainage or underground infrastructure, bollards, telephone boxes.

43.01-4 Decision guidelines


15/09/2008
VC49
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The significance of the heritage place and whether the proposal will adversely affect the
natural or cultural significance of the place.
 Any applicable statement of significance, heritage study and any applicable conservation
policy.
 Whether the location, bulk, form or appearance of the proposed building will adversely
affect the significance of the heritage place.
 Whether the location, bulk, form and appearance of the proposed building is in keeping
with the character and appearance of adjacent buildings and the heritage place.
 Whether the demolition, removal or external alteration will adversely affect the
significance of the heritage place.
 Whether the proposed works will adversely affect the significance, character or
appearance of the heritage place.
 Whether the proposed subdivision will adversely affect the significance of the heritage
place.
 Whether the proposed subdivision may result in development which will adversely
affect the significance, character or appearance of the heritage place.
 Whether the proposed sign will adversely affect the significance, character or
appearance of the heritage place.
 Whether the lopping or development will adversely affect the health, appearance or
significance of the tree.

HERITAGE OVERLAY PAGE 3 OF 4


43.01-5 Use of a heritage place

15/09/2008
VC49 A permit may be granted to use a heritage place (including a heritage place which is
included on the Victorian Heritage Register) for a use which would otherwise be prohibited
if all of the following apply:
 The schedule to this overlay identifies the heritage place as one where prohibited uses
may be permitted.
 The use will not adversely affect the significance of the heritage place.
 The benefits obtained from the use can be demonstrably applied towards the
conservation of the heritage place.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider the effect of the use on the amenity of the area.

43.01-6 Aboriginal heritage places


17/09/2007
VC45
A heritage place identified in the schedule to this overlay as an Aboriginal heritage place is
also subject to the requirements of the Aboriginal Heritage Act 2006.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

HERITAGE OVERLAY PAGE 4 OF 4


43.02 DESIGN AND DEVELOPMENT OVERLAY
19/01/2006
VC37
Shown on the planning scheme map as DDO with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To identify areas which are affected by specific requirements relating to the design and
built form of new development.

43.02-1 Design objectives


19/01/2006
VC37
A schedule to this overlay must contain a statement of the design objectives to be achieved
for the area affected by the schedule.

43.02-2 Buildings and works


19/01/2006
VC37

Permit requirement

A permit is required to:

ƒ Construct a building or construct or carry out works. This does not apply:
ƒ If a schedule to this overlay specifically states that a permit is not required.
ƒ To the construction of an outdoor swimming pool associated with a dwelling unless
a specific requirement for this matter is specified in a schedule to this overlay.
ƒ Construct a fence if specified in a schedule to this overlay.
Buildings and works must be constructed in accordance with any requirements in a
schedule to this overlay. A schedule may include requirements relating to:

ƒ Building setbacks.
ƒ Building height.
ƒ Plot ratio.
ƒ Landscaping.
ƒ Any other requirements relating to the design or built form of new development.
A permit may be granted to construct a building or construct or carry out works which are
not in accordance with any requirement in a schedule to this overlay, unless the schedule
specifies otherwise.

Exemption from notice and review

A schedule to this overlay may specify that an application is exempt from the notice
requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1),
(2) and (3) and the review rights of Section 82(1) of the Act.

DESIGN AND DEVELOPMENT OVERLAY PAGE 1 OF 3


43.02-3 Subdivision
19/01/2006
VC37

Permit requirement

A permit is required to subdivide land.


This does not apply if a schedule to this overlay specifically states that a permit is not
required.
Subdivision must occur in accordance with any lot size or other requirement specified in a
schedule to this overlay.
A permit may be granted to subdivide land which is not in accordance with any lot size or
other requirement in a schedule to this overlay, unless the schedule specifies otherwise.

Exemption from notice and review

A schedule to this overlay may specify that an application is exempt from the notice
requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1),
(2) and (3) and the review rights of Section 82(1) of the Act.

43.02-4 Advertising signs


19/01/2006
VC37
Advertising sign controls are at Clause 52.05 unless otherwise specified in a schedule to
this overlay.

43.02-5 Decision guidelines


19/01/2006
VC37
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The design objectives of the relevant schedule to this overlay.
ƒ The provisions of any relevant policies and urban design guidelines.
ƒ Whether the bulk, location and appearance of any proposed buildings and works will be
in keeping with the character and appearance of adjacent buildings, the streetscape or
the area.
ƒ Whether the design, form, layout, proportion and scale of any proposed buildings and
works is compatible with the period, style, form, proportion, and scale of any identified
heritage places surrounding the site.
ƒ Whether any proposed landscaping or removal of vegetation will be in keeping with the
character and appearance of adjacent buildings, the streetscape or the area.
ƒ The layout and appearance of areas set aside for car parking, access and egress, loading
and unloading and the location of any proposed off street car parking
ƒ Whether subdivision will result in development which is not in keeping with the
character and appearance of adjacent buildings, the streetscape or the area.
ƒ Any other matters specified in a schedule to this overlay.

DESIGN AND DEVELOPMENT OVERLAY PAGE 2 OF 3


Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

DESIGN AND DEVELOPMENT OVERLAY PAGE 3 OF 3


43.03 INCORPORATED PLAN OVERLAY
19/01/2006
VC37
Shown on the planning scheme map as IPO with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To identify areas which require:

ƒ The form and conditions of future use and development to be shown on an incorporated
plan before a permit can be granted to use or develop the land.
ƒ A planning scheme amendment before the incorporated plan can be changed.
To exempt an application from notice and review if it is generally in accordance with an
incorporated plan.

43.03-1 Requirement before a permit is granted


19/01/2006
VC37
A permit must not be granted to use or subdivide land, construct a building or construct or
carry out works until an incorporated plan has been incorporated into this scheme.
This does not apply if a schedule to this overlay specifically states that a permit may be
granted before an incorporated plan has been incorporated into this scheme.
A permit granted must:

ƒ Be generally in accordance with the incorporated plan, unless a schedule to this overlay
specifies otherwise.
ƒ Include any conditions or requirements specified in a schedule to this overlay.

43.03-2 Exemption from notice and review


19/01/2006
VC37
An application under any provision of this scheme which is generally in accordance with
the incorporated plan is exempt from the notice requirements of Section 52(1)(a), (b) and
(d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section
82(1) of the Act.

43.03-3 Decision guidelines


19/01/2006
VC37
Before deciding on an application under any provision of this scheme which is not
generally in accordance with the incorporated plan, in addition to the decision guidelines in
Clause 65, the responsible authority must consider:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The incorporated plan.
ƒ Any other matters specified in a schedule to this overlay.

43.03-4 Preparation of the incorporated plan


09/10/2006
VC42
The incorporated plan may consist of plans or other documents and may, with the
agreement of the planning authority, be prepared and implemented in stages.

INCORPORATED PLAN OVERLAY PAGE 1 OF 2


An incorporated plan that provides for residential subdivision in the Residential 1 Zone,
Residential 2 Zone, Residential 3 Zone, Mixed Use Zone, Township Zone, Comprehensive
Development Zone and Priority Development Zone must meet the requirements of Clause
56 as specified in the zone.
The incorporated plan must describe:

ƒ The land to which the plan applies.


ƒ The proposed use and development of each part of the land.
ƒ Any other requirements specified for the plan in a schedule to this overlay.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

INCORPORATED PLAN OVERLAY PAGE 2 OF 2


43.04 DEVELOPMENT PLAN OVERLAY
21/09/2009
VC60
Shown on the planning scheme map as DPO with a number.

Purpose
To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
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 it is generally in accordance with a
development plan.

43.04-1 Requirement before a permit is granted


19/01/2006
VC37
A permit must not be granted to use or subdivide land, construct a building or construct or
carry out works until a development plan has been prepared to the satisfaction of the
responsible authority.
This does not apply if a schedule to this overlay specifically states that a permit may be
granted before a development plan has been prepared to the satisfaction of the responsible
authority.
A permit granted must:

 Be generally in accordance with the development plan.


 Include any conditions or requirements specified in a schedule to this overlay.

43.04-2 Exemption from notice and review


21/09/2009
VC60
An application under any provision of this scheme which is generally in accordance with the
development plan is exempt from the notice requirements of Section 52(1)(a), (b) and (d),
the decision requirements of Section 64(1), (2) and (3) and the review rights of Section
82(1) of the Act.

43.04-3 Preparation of the development plan


09/10/2006
VC42
The development plan may consist of plans or other documents and may, with the
agreement of the responsible authority, be prepared and implemented in stages.
A development plan that provides for residential subdivision in the Residential 1 Zone,
Residential 2 Zone, Residential 3 Zone, Mixed Use Zone, Township Zone, Comprehensive
Development Zone and Priority Development Zone must meet the requirements of Clause
56 as specified in the zone.
The development plan must describe:

 The land to which the plan applies.


 The proposed use and development of each part of the land.
 Any other requirements specified for the plan in a schedule to this overlay.
The development plan may be amended to the satisfaction of the responsible authority.

DEVELOPMENT PLAN OVERLAY PAGE 1 OF 2


Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

DEVELOPMENT PLAN OVERLAY PAGE 2 OF 2


43.05 NEIGHBOURHOOD CHARACTER OVERLAY
19/01/2006
VC37
Shown on the planning scheme map as NCO with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To identify areas of existing or preferred neighbourhood character.
To ensure that development respects the neighbourhood character.
To prevent, where necessary, the removal of buildings and vegetation before the
neighbourhood character features of the site and the new development have been evaluated.

43.05-1 Neighbourhood character statement and objectives


19/01/2006
VC37
A schedule to this overlay must contain:

ƒ A statement of the key features of the neighbourhood character.


ƒ The neighbourhood character objectives to be achieved for the area affected by the
schedule.

43.05-2 Permit requirement


19/01/2006
VC37
A permit is required to:

ƒ Construct a building or construct or carry out works. This does not apply to:
ƒ The construction of an outdoor swimming pool associated with a dwelling unless a
specific requirement for this matter is specified in a schedule to this overlay.
ƒ The construction or extension of an outbuilding normal to a dwelling unless a
specific requirement for this matter is specified in a schedule to this overlay.
ƒ Demolish or remove a building if specified in a schedule to this overlay.
ƒ Remove, destroy or lop trees if specified in a schedule to this overlay. This does not
apply:
ƒ To a tree that is less than 5 metres in height or has a trunk circumference of less than
0.5 metre measured 1 metre above ground level.
ƒ To any action which is necessary to keep the whole or any part of a tree clear of an
electric line provided the action is carried out in accordance with a code of practice
prepared under Section 86 of the Electricity Safety Act 1998.
ƒ If the tree presents an immediate risk of personal injury or damage to property.
ƒ If the removal, destruction or lopping of the tree is necessary for emergency access
and emergency works by a public authority or municipal council.

43.05-3 Modification to Clause 54 and Clause 55 standards


19/01/2006
VC37
A schedule to this overlay may modify:

ƒ The requirements of any standard of Clause 54, including any requirements specified in
the schedule to the Residential 1 Zone, Residential 2 Zone, Residential 3 Zone, Mixed
Use Zone or Township Zone. This does not apply to Standards A1, A12, A13, A14 and
A16 of Clause 54.

NEIGHBOURHOOD CHARACTER OVERLAY PAGE 1 OF 2


ƒ The requirements of any standard of Clause 55, including any requirements specified in
the schedule to the Residential 1 Zone, Residential 2 Zone, Residential 3 Zone, Mixed
Use Zone or Township Zone. This does not apply to Standards B1, B2, B3, B4, B19,
B20, B21 and B27 of Clause 55.

43.05-4 Exemption from notice and review


19/01/2006
VC37
An application under this overlay for any of the following classes of development is
exempt from the notice requirements of Section 52(1) (a), (b) and (d), the decision
requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act:
ƒ Demolition or removal of an outbuilding normal to a dwelling.
ƒ Construction of a swimming pool.

43.05-5 Decision guidelines


19/01/2006
VC37
Before deciding on an application, in addition to the decision guidelines of Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The statement of the key features of the neighbourhood character and the
neighbourhood character objectives contained in a schedule to this overlay.
ƒ Whether the location, layout and form of the proposed development respects the
neighbourhood character.
ƒ The contribution that the existing building makes to the neighbourhood character.
ƒ Whether the site is to remain vacant or is to be developed for another purpose.
ƒ The contribution that the tree makes to the neighbourhood character.
ƒ The health of the tree.
ƒ Any proposed landscape improvements.
ƒ Any matter specified in a schedule to this overlay.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of the land.

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

NEIGHBOURHOOD CHARACTER OVERLAY PAGE 2 OF 2


44 LAND MANAGEMENT OVERLAYS
19/01/2006
VC37

LAND MANAGEMENT OVERLAYS PAGE 1 OF 1


44.01 EROSION MANAGEMENT OVERLAY
18/06/2010
VC62
Shown on the planning scheme map as EMO with a number (if shown).

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To protect areas prone to erosion, landslip or other land degradation processes, by
minimising land disturbance and inappropriate development.

44.01-1 Buildings and works


18/06/2010
VC62
A permit is required to construct a building or construct or carry out works, including:

 Roadworks.
 Buildings and works associated with a dependent person’s unit.
 A domestic swimming pool or spa and associated mechanical and safety equipment.
 Any matter specified in Clause 62.02-3 if specified in a schedule to this overlay.
This does not apply if a schedule to this overlay specifically states that a permit is not
required.

44.01-2 Vegetation removal


15/09/2008
VC49
A permit is required to remove, destroy or lop any vegetation. This does not apply:

 If a schedule to this overlay specifically states that a permit is not required.


 If the table to Clause 44.01-3 specifically states that a permit is not required.
 To the removal, destruction or lopping of native vegetation in accordance with a native
vegetation precinct plan specified in the schedule to Clause 52.16.

44.01-3 Table of exemptions


18/06/2010
VC62
No permit is required to remove, destroy or lop vegetation to the minimum extent necessary
if any of the following apply:

Regrowth  The vegetation is regrowth which has naturally established or


regenerated on land lawfully cleared of naturally established
vegetation and is within the boundary of a timber production
plantation, as indicated on a Plantation Development Notice or
other documented record, and has established after the
plantation.

This exemption does not apply to land on which vegetation has


been cleared or otherwise destroyed or damaged as a result of
flood, fire or other natural disaster.

Bracken  The vegetation is bracken (Pteridium esculentum) which has


naturally established or regenerated on land lawfully cleared of
naturally established vegetation.

This exemption does not apply to land on which vegetation has


been cleared or otherwise destroyed or damaged as a result of

EROSION MANAGEMENT OVERLAY PAGE 1 OF 5


No permit is required to remove, destroy or lop vegetation to the minimum extent necessary
if any of the following apply:
flood, fire or other natural disaster.

Noxious weeds  The vegetation is a noxious weed the subject of a declaration


under section 58 or section 58A of the Catchment and Land
Protection Act 1994. This exemption does not apply to Australian
Dodder (Cuscuta australis).

Pest animal  The vegetation is to be removed, destroyed or lopped to enable


burrows the removal of pest animal burrows.

In the case of native vegetation the written agreement of an officer


of the Department responsible for administering the Flora and
Fauna Guarantee Act 1988 is required before the vegetation can
be removed, destroyed or lopped.

Land use  The vegetation is to be removed, destroyed or lopped to comply


conditions with a land use condition served under the Catchment and Land
Protection Act 1994.

Land management  The vegetation is to be removed, destroyed or lopped to comply


notices with land management notice issued under the Catchment and
Land Protection Act 1994.

Planted vegetation  The vegetation has been planted or grown as a result of direct
seeding for Crop raising or Extensive animal husbandry.

Emergency works  The vegetation presents an immediate risk of personal injury or


damage to property and only that part of vegetation which
presents the immediate risk is removed, destroyed or lopped.

 The vegetation is to be removed, destroyed or lopped by a public


authority or municipal council to create an emergency access or
to enable emergency works.

Fire protection  The vegetation is to be removed, destroyed or lopped for the


making of a fuelbreak by or on behalf of a public authority in
accordance with a strategic fuelbreak plan approved by the
Secretary to the Department of Sustainability and Environment (as
constituted under Part 2 of the Conservation, Forest and Lands
Act 1987). The maximum width of a fuelbreak must not exceed 40
metres.

 The vegetation is to be removed, destroyed or lopped for fire


fighting measures, periodic fuel reduction burning, or the making
of a fuel break up to 6 metres wide.

 The vegetation is ground fuel within 30 metres of a building.

 The vegetation is to be removed, destroyed or lopped in


accordance with a fire prevention notice under:

 Section 65 of the Forests Act 1958.

 Section 41 of the Country Fire Authority Act 1958.

 Section 8 of the Local Government Act 1989.

 The vegetation is to be removed, destroyed or lopped to keep the


whole or any part of any vegetation clear of an electric line in
accordance with a code of practice prepared under Part 8 of the
Electricity Safety Act 1998.

EROSION MANAGEMENT OVERLAY PAGE 2 OF 5


No permit is required to remove, destroy or lop vegetation to the minimum extent necessary
if any of the following apply:

 The vegetation is to be removed, destroyed or lopped in


accordance with any code of practice prepared in accordance with
Part 8 of the Electricity Safety Act 1998 in order to minimise the
risk of bushfire ignition in the proximity of electricity lines.

Surveying  The vegetation is to be removed, destroyed or lopped for


establishing sight-lines for the measurement of land by surveyors
in the exercise of their profession, and if using hand-held tools.

Public roads  The vegetation is to be removed, destroyed or lopped to maintain


the safe and efficient function of an existing public road managed
by the relevant responsible road authority (as defined by the Road
Management Act 2004) in accordance with the written agreement
of the Secretary to the Department of Sustainability and
Environment (as constituted under Part 2 of the Conservation,
Forest and Lands Act 1987).

Railways  The vegetation is to be removed, destroyed or lopped to maintain


the safe and efficient function of an existing railway or railway
access road, in accordance with the written agreement of the
Secretary to the Department of Sustainability and Environment (as
constituted under Part 2 of the Conservation, Forest and Lands
Act 1987.).

Extractive industry  The vegetation is to be removed, destroyed or lopped to enable


the carrying out of Extractive industry in accordance with a work
plan approved under the Extractive Industries Development Act
1995 and authorised by a work authority granted under that Act.

Search for stone  The vegetation is to be removed, destroyed or lopped to enable


the carrying out of the Search for stone.

The maximum extent of vegetation removed, destroyed or lopped


under this exemption on contiguous land in the same ownership in
a five year period must not exceed any of the following:

 1 hectare of vegetation which does not include a tree.

 15 trees if each tree has a trunk diameter of less than 40


centimetres at a height of 1.3 metres above ground level.

 5 trees if each tree has a trunk diameter of 40 centimetres or


more at a height of 1.3 metres above ground level.

This exemption does not apply to vegetation to be removed,


destroyed or lopped to enable costeaning and bulk sampling
activities.

Mining  The vegetation is to be removed, destroyed or lopped to enable


the carrying out of Mining in accordance with a work plan
approved under the Mineral Resources (Sustainable
Development) Act 1990 and authorised by a work authority
granted under that Act.

Mineral  The vegetation is to be removed, destroyed or lopped to enable


Exploration the carrying out of Mineral exploration.

EROSION MANAGEMENT OVERLAY PAGE 3 OF 5


No permit is required to remove, destroy or lop vegetation to the minimum extent necessary
if any of the following apply:

Geothermal  The vegetation is to be removed, destroyed or lopped to enable


energy exploration the carrying out of geothermal energy exploration or extraction in
and extraction accordance with the Geothermal Energy Resources Act 2005.

Greenhouse gas  The vegetation is to be removed, destroyed or lopped to enable


sequestration the carrying out of geothermal energy exploration or extraction in
exploration accordance with the Greenhouse Gas Geological Sequestration
Act 2008.

Greenhouse gas  The vegetation is to be removed, destroyed or lopped to enable


sequestration the carrying out of geothermal energy exploration or extraction in
accordance with the Greenhouse Gas Geological Sequestration
Act 2008.

44.01-4 Subdivision
15/09/2008
VC49
A permit is required to subdivide land.

44.01-5 Application requirements


15/09/2008
VC49
An application must be accompanied by any information specified in a schedule to this
overlay and information showing:

 The existing site conditions, including land gradient and the extent of any existing
erosion, landslip or other land degradation.
 The extent of any proposed earthworks.
 The means proposed to stabilise disturbed areas.

44.01-6 Exemption from notice and review


15/09/2008
VC49
An application under this overlay is exempt from the notice requirements of Section
52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review
rights of Section 82(1) of the Act.

44.01-7 Decision guidelines


15/09/2008
VC49
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 Regional Catchment Strategy (Catchment and Land Protection Act 1994).
 Environmental Guidelines for Major Construction Sites, Environment Protection
Authority, February 1996.
 Construction Techniques for Sediment Pollution Control, Environment Protection
Authority, May 1991.
 Control of Erosion on Construction Sites, Soil Conservation Authority.
 Your Dam, an Asset or a Liability, Department of Conservation and Natural Resources.
 Any proposed measures to manage concentrated runoff and site drainage.

EROSION MANAGEMENT OVERLAY PAGE 4 OF 5


 Any proposed measures to minimise the extent of soil disturbance.
 Whether the removal of vegetation will increase the possibility of erosion, the
susceptibility to landslip or other land degradation processes, and whether such removal
is consistent with sustainable land management.
 The need to stabilise disturbed areas by engineering works or revegetation.
 Whether the land is capable of providing a building envelope which is not subject to
high or severe erosion concern.
 Whether buildings or works are likely to cause erosion or landslip.
 Whether access and servicing of the site or building envelope is likely to result in
erosion or landslip.
 Land Capability Report (if prepared) as developed by the Department of Sustainability
and Environment, Centre for Land Protection Resource.
 Any technical information or reports required to be provided by a schedule to this
overlay.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect the
use and development of land.

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

EROSION MANAGEMENT OVERLAY PAGE 5 OF 5


44.02 SALINITY MANAGEMENT OVERLAY
18/06/2010
VC62
Shown on the planning scheme map as SMO with a number (if shown).

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To identify areas subject to saline ground water discharge or high ground water recharge.
To facilitate the stabilisation of areas affected by salinity.
To encourage revegetation of areas which contribute to salinity.
To encourage development to be undertaken in a manner which brings about a reduction in
salinity recharge.
To ensure development is compatible with site capability and the retention of vegetation,
and complies with the objectives of any salinity management plan for the area.
To prevent damage to buildings and infrastructure from saline discharge and high
watertable.

44.02-1 Buildings and works


31/10/2006
VC43
A permit is required to construct a building or construct or carry out works. This does not
apply:

ƒ If a schedule to this overlay specifically states that a permit is not required.


ƒ To salinity management works carried out in accordance with any Regional Catchment
Strategy and associated plan applying to the land.
ƒ To an alteration to an existing building where there is no increase in floor area and no
increase in waste water disposal. This exemption does not apply to alterations required
as part of remedial works for salt or high water table damage.
ƒ To a building used for agriculture with a floor area of less than 100 square metres
where there is no increase in waste water disposal.

44.02-2 Subdivision
31/10/2006
VC43
A permit is required to subdivide land.

44.02-3 Removal of vegetation


15/09/2008
VC49
A permit is required to remove, destroy or lop any vegetation. This does not apply:

ƒ If a schedule to this overlay specifically states that a permit is not required.


ƒ If the table to Clause 44.02-4 specifically states that a permit is not required.
ƒ To the removal, destruction or lopping of native vegetation in accordance with a native
vegetation precinct plan specified in the schedule to Clause 52.16.

SALINITY MANAGEMENT OVERLAY PAGE 1 OF 6


44.02-4 Table of exemptions
18/06/2010
VC62
No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:

Regrowth ƒ The vegetation is regrowth which has naturally established or


regenerated on land lawfully cleared of naturally established
vegetation and is within the boundary of a timber production
plantation, as indicated on a Plantation Development Notice or
other documented record, and has established after the
plantation.

This exemption does not apply to land on which vegetation has


been cleared or otherwise destroyed or damaged as a result of
flood, fire or other natural disaster.

Bracken ƒ The vegetation is bracken (Pteridium esculentum) which has


naturally established or regenerated on land lawfully cleared of
naturally established vegetation.

This exemption does not apply to land on which vegetation has


been cleared or otherwise destroyed or damaged as a result of
flood, fire or other natural disaster.

Noxious weeds ƒ The vegetation is a noxious weed the subject of a declaration


under section 58 or section 58A of the Catchment and Land
Protection Act 1994. This exemption does not apply to
Australian Dodder (Cuscuta australis).

Pest animal ƒ The vegetation is to be removed, destroyed or lopped to


burrows enable the removal of pest animal burrows.

In the case of native vegetation the written agreement of an


officer of the Department responsible for administering the
Flora and Fauna Guarantee Act 1988 is required before the
vegetation can be removed, destroyed or lopped.

Land use ƒ The vegetation is to be removed, destroyed or lopped to


conditions comply with a land use condition served under the Catchment
and Land Protection Act 1994.

Land management ƒ The vegetation is to be removed, destroyed or lopped to


notices comply with land management notice issued under the
Catchment and Land Protection Act 1994.

Planted vegetation ƒ The vegetation has been planted or grown as a result of direct
seeding for Crop raising or Extensive animal husbandry.

Emergency works ƒ The vegetation presents an immediate risk of personal injury or


damage to property and only that part of vegetation which
presents the immediate risk is removed, destroyed or lopped.

ƒ The vegetation is to be removed, destroyed or lopped by a


public authority or municipal council to create an emergency
access or to enable emergency works.

Fire protection ƒ The vegetation is to be removed, destroyed or lopped for the


making of a fuelbreak by or on behalf of a public authority in
accordance with a strategic fuelbreak plan approved by the
Secretary to the Department of Sustainability and Environment
(as constituted under Part 2 of the Conservation, Forest and

SALINITY MANAGEMENT OVERLAY PAGE 2 OF 6


No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:
Lands Act 1987). The maximum width of a fuelbreak must not
exceed 40 metres.

ƒ The vegetation is to be removed, destroyed or lopped for fire


fighting measures, periodic fuel reduction burning, or the
making of a fuel break up to 6 metres wide.

ƒ The vegetation is ground fuel within 30 metres of a building.

ƒ The vegetation is to be removed, destroyed or lopped in


accordance with a fire prevention notice under:

‚ Section 65 of the Forests Act 1958.

‚ Section 41 of the Country Fire Authority Act 1958.

‚ Section 8 of the Local Government Act 1989.

ƒ The vegetation is to be removed, destroyed or lopped to keep


the whole or any part of any vegetation clear of an electric line
in accordance with a code of practice prepared under Part 8 of
the Electricity Safety Act 1998.

ƒ The vegetation is to be removed, destroyed or lopped in


accordance with any code of practice prepared in accordance
with Part 8 of the Electricity Safety Act 1998 in order to
minimise the risk of bushfire ignition in the proximity of
electricity lines.

Surveying ƒ The vegetation is to be removed, destroyed or lopped for


establishing sight-lines for the measurement of land by
surveyors in the exercise of their profession, and if using hand-
held tools.

Public roads ƒ The vegetation is to be removed, destroyed or lopped to


maintain the safe and efficient function of an existing public
road managed by the relevant responsible road authority (as
defined by the Road Management Act 2004) in accordance
with the written agreement of the Secretary to the Department
of Sustainability and Environment (as constituted under Part 2
of the Conservation, Forest and Lands Act 1987).

Railways ƒ The vegetation is to be removed, destroyed or lopped to


maintain the safe and efficient function of an existing railway or
railway access road, in accordance with the written agreement
of the Secretary of the Secretary to the Department of
Sustainability and Environment (as constituted under Part 2 of
the Conservation, Forest and Lands Act 1987).

Extractive industry ƒ The vegetation is to be removed, destroyed or lopped to


enable the carrying out of Extractive industry in accordance
with a work plan approved under the Extractive Industries
Development Act 1995 and authorised by a work authority
granted under that Act.

Search for stone ƒ The vegetation is to be removed, destroyed or lopped to


enable the carrying out of the Search for stone.

The maximum extent of vegetation removed, destroyed or


lopped under this exemption on contiguous land in the same
ownership in a five year period must not exceed any of the

SALINITY MANAGEMENT OVERLAY PAGE 3 OF 6


No permit is required to remove, destroy or lop vegetation to the minimum extent
necessary if any of the following apply:
following:

‚ 1 hectare of vegetation which does not include a tree.

‚ 15 trees if each tree has a trunk diameter of less than 40


centimetres at a height of 1.3 metres above ground level.

‚ 5 trees if each tree has a trunk diameter of 40 centimetres


or more at a height of 1.3 metres above ground level.

This exemption does not apply to vegetation to be removed,


destroyed or lopped to enable costeaning and bulk sampling
activities.

Mining ƒ The vegetation is to be removed, destroyed or lopped to


enable the carrying out of Mining in accordance with a work
plan approved under the Mineral Resources (Sustainable
Development) Act 1990 and authorised by a work authority
granted under that Act.

Mineral ƒ The vegetation is to be removed, destroyed or lopped to


Exploration enable the carrying out of Mineral exploration.

Geothermal ƒ The vegetation is to be removed, destroyed or lopped to


energy exploration enable the carrying out of geothermal energy exploration or
and extraction extraction in accordance with the Geothermal Energy
Resources Act 2005.

44.02-5 Application requirements


15/09/2008
VC49 An application must be accompanied by the following information, as appropriate:

ƒ The source of water supply.


ƒ Water use requirements and effluent or water disposal provision.
ƒ Any existing vegetation proposed to be removed.
ƒ Details of the species, location and density of any proposed landscaping.
ƒ The water balance under the current land use and any proposed land use.
ƒ Title and ownership details.
ƒ Topographic information including natural contours of the land, highlighting significant
ridges, hill tops and crests, slopes in excess of 25 percent (1:4), low lying areas,
drainage lines, waterways, springs, dams, lakes, wetlands and other environmental
features on or in close proximity to the subject area.
ƒ Geology types.
ƒ Location and area of outcropping bedrock.
ƒ Soil types.
ƒ Size and location of high recharge areas and discharge areas from the site inspection,
soil types, soil depth, and soil percolation rates/infiltration.
ƒ Size and location of discharge areas and areas of high salinity risk from the site
inspection, including the identification of shallow watertable within 3 metres of the
surface (depth to watertable), and soil salinity from soil tests or vegetative indicators.

SALINITY MANAGEMENT OVERLAY PAGE 4 OF 6


ƒ Area of land and the proportion of the development site identified as high recharge or
discharge areas.
ƒ Location, species and condition of existing vegetation (both native and exotic species).
ƒ Existing degraded areas and recommendations for land management practices and
remedial works required to overcome any existing or potential land degradation.

44.02-6 Exemption from notice and review


15/09/2008
VC49
An application under this overlay is exempt from the notice requirements of Section
52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review
rights of Section 82(1) of the Act.

44.02-7 Referral of applications


15/09/2008
VC49
Before deciding on any application, the responsible authority must refer the application and
any site capability report to the Department of Sustainability and Environment under
Section 55 of the Planning and Environment Act, 1987 unless in the opinion of the
responsible authority the proposal satisfies requirements or conditions previously agreed in
writing between the responsible authority and the Department of Sustainability and
Environment.

44.02-8 Decision guidelines


15/09/2008
VC49
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The State Environmental Protection Policy, (Waters of Victoria).
ƒ The Regional Landcare Plan applicable to the catchment.
ƒ The Catchment Salinity Management Plan to the particular catchment.
ƒ A Local Government Planning Guide for Dry Land Salinity - Department Conservation
and Natural Resources, 1995.
ƒ The need to augment tree planting and the establishment of deep-rooted, high water-use
pasture species to reduce rainfall accessions to the watertable in high recharge areas.
ƒ The need for planting of salt-tolerant species to stabilise and lower ground water levels
in discharge areas.
ƒ The need for stock-proof fencing of discharge and high discharge areas to enable
effective stock management for site stabilisation.
ƒ Any proposed landscaping and the need to preserve existing vegetation, particularly in
high recharge and high discharge areas.
ƒ Any land management plan, works program, or farm plan applicable to the land.
ƒ The design, siting and servicing of the development and the extent of earthworks.
ƒ The appropriateness of the proposed use or development having regard to the sensitivity
and constraints of the land and the capability of the land to accommodate the use or
development.

SALINITY MANAGEMENT OVERLAY PAGE 5 OF 6


Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

SALINITY MANAGEMENT OVERLAY PAGE 6 OF 6


44.03 FLOODWAY OVERLAY
21/09/2009
VC60
Shown on the planning scheme map as FO or RFO with a number (if shown).

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To identify waterways, major floodpaths, drainage depressions and high hazard areas which
have the greatest risk and frequency of being affected by flooding.
To ensure that any development maintains the free passage and temporary storage of
floodwater, minimises flood damage and is compatible with flood hazard, local drainage
conditions and the minimisation of soil erosion, sedimentation and silting.
To reflect any declarations under Division 4 of Part 10 of the Water Act, 1989 if a
declaration has been made.
To protect water quality and waterways as natural resources in accordance with the
provisions of relevant State Environment Protection Policies, and particularly in accordance
with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria).
To ensure that development maintains or improves river and wetland health, waterway
protection and flood plain health.

44.03-1 Buildings and works


15/09/2008
VC49
A permit is required to construct a building or to construct or carry out works, including:
 A fence.
 Roadworks.
 Bicycle pathways and trails.
 Public toilets.
 A domestic swimming pool or spa and associated mechanical and safety equipment if
associated with one dwelling on a lot.
 Rainwater tank with a capacity of not more than 4500 litres.
 A pergola or verandah, including an open-sided pergola or verandah to a dwelling with
a finished floor level not more than 800mm above ground level and a maximum
building height of 3 metres above ground level.
 A deck, inlcuding a deck to a dwelling with a finished floor level not more than 800mm
above ground level.
 A non-domestic disabled access ramp
This does not apply:
 If a schedule to this overlay specifically states that a permit is not required.
 To flood mitigation works carried out by the responsible authority or floodplain
management authority.
 To the following works in accordance with plans prepared to the satisfaction of the
responsible authority:
 The laying of underground sewerage, water and gas mains, oil pipelines,
underground telephone lines and underground power lines provided they do not alter
the topography of the land.

FLOODWAY OVERLAY PAGE 1 OF 3


 The erection of telephone or power lines provided they do not involve the
construction of towers or poles.
 To post and wire and post and rail fencing.

44.03-2 Subdivision
19/01/2006
VC37
A permit is required to subdivide land. A permit may only be granted to subdivide land if
the following apply:
 The subdivision does not create any new lots, which are entirely within this overlay.
This does not apply if the subdivision creates a lot, which by agreement between the
owner and the relevant floodplain management authority, is to be transferred to an
authority for a public purpose.
 The subdivision is the resubdivision of existing lots and the number of lots is not
increased, unless a local floodplain development plan incorporated into this scheme
specifically provides otherwise.

44.03-3 Application requirements


21/09/2009
VC60
Local floodplain development plan

If a local floodplain development plan has been developed for the area and has been
incorporated into this scheme, an application must be consistent with the plan.

Flood risk report

If a local floodplain development plan for the area has not been incorporated into this
scheme, an application must be accompanied by a flood risk report to the satisfaction of the
responsible authority, which must consider the following, where applicable:
 The State Planning Policy Framework and the Local Planning Policy Framework.
 The existing use and development of the land.
 Whether the proposed use or development could be located on flood-free land or land
with a lesser flood hazard outside this overlay.
 The susceptibility of the development to flooding and flood damage.
 The potential flood risk to life, health and safety associated with the development.
Flood risk factors to consider include:
 The frequency, duration, extent, depth and velocity of flooding of the site and
accessway.
 The flood warning time available.
 The danger to the occupants of the development, other floodplain residents and
emergency personnel if the site or accessway is flooded.
 The effect of the development on redirecting or obstructing floodwater, stormwater or
drainage water and the effect of the development on reducing flood storage and
increasing flood levels and flow velocities.
 The effects of the development on river health values including wetlands, natural
habitat, stream stability, erosion, environmental flows, water quality and sites of
scientific significance.

FLOODWAY OVERLAY PAGE 2 OF 3


44.03-4 Exemption from notice and review
19/01/2006
VC37
An application under this overlay is exempt from the notice requirements of Section
52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review
rights of Section 82(1) of the Act.

44.03-5 Referral of applications


19/01/2006
VC37
An application must be referred to the relevant floodplain management authority under
Section 55 of the Act unless in the opinion of the responsible authority the proposal
satisfies requirements or conditions previously agreed in writing between the responsible
authority and the floodplain management authority.

44.03-6 Decision guidelines


21/09/2009
VC60
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The local floodplain development plan or flood risk report.
 Any comments of the relevant floodplain management authority.
 The Victorian River Health Strategy (2002) and any relevant regional river health
strategy and associated wetland plan.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

FLOODWAY OVERLAY PAGE 3 OF 3


44.04 LAND SUBJECT TO INUNDATION OVERLAY
21/09/2009
VC60
Shown on the planning scheme map as LSIO with a number (if shown).

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To identify land in a flood storage or flood fringe area affected by the 1 in 100 year flood or
any other area determined by the floodplain management authority.
To ensure that development maintains the free passage and temporary storage of
floodwaters, minimises flood damage, is compatible with the flood hazard and local
drainage conditions and will not cause any significant rise in flood level or flow velocity.
To reflect any declaration under Division 4 of Part 10 of the Water Act, 1989 where a
declaration has been made.
To protect water quality in accordance with the provisions of relevant State Environment
Protection Policies, particularly in accordance with Clauses 33 and 35 of the State
Environment Protection Policy (Waters of Victoria).
To ensure that development maintains or improves river and wetland health, waterway
protection and flood plain health.

44.04-1 Buildings and works


15/09/2008
VC49
A permit is required to construct a building or to construct or carry out works, including:
 A fence.
 Roadworks.
 Bicycle pathways and trails.
 Public toilets.
 A domestic swimming pool or spa and associated mechanical and safety equipment if
associated with one dwelling on a lot.
 Rainwater tank with a capacity of not more than 4500 litres.
 A pergola or verandah, including an open-sided pergola or verandah to a dwelling with
a finished floor level not more than 800mm above ground level and a maximum
building height of 3 metres above ground level.
 A deck, including a deck to a dwelling with a finished floor level not more than 800mm
above ground level.
 A non-domestic disabled access ramp
This does not apply:
 If a schedule to this overlay specifically states that a permit is not required.
 To flood mitigation works carried out by the responsible authority or floodplain
management authority.
 To the following works in accordance with plans prepared to the satisfaction of the
responsible authority:
 The laying of underground sewerage, water and gas mains, oil pipelines,
underground telephone lines and underground power lines provided they do not alter
the topography of the land.

LAND SUBJECT TO INUNDATION OVERLAY PAGE 1 OF 3


 The erection of telephone or power lines provided they do not involve the
construction of towers or poles.
 To post and wire and post and rail fencing.

44.04-2 Subdivision
19/01/2006
VC37
A permit is required to subdivide land.

44.04-3 Application requirements


19/01/2006
VC37
Local floodplain development plan

If a local floodplain development plan has been developed for the area and has been
incorporated into this scheme, an application must be consistent with the plan.

44.04-4 Exemption from notice and review


19/01/2006
VC37
An application under this overlay is exempt from the notice requirements of Section
52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review
rights of Section 82(1) of the Act.

44.04-5 Referral of applications


19/01/2006
VC37
An application must be referred to the relevant floodplain management authority under
Section 55 of the Act unless in the opinion of the responsible authority, the proposal
satisfies requirements or conditions previously agreed in writing between the responsible
authority and the floodplain management authority.

44.04-6 Decision guidelines


21/09/2009
VC60
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 Any local floodplain development plan.
 Any comments from the relevant floodplain management authority.
 The existing use and development of the land.
 Whether the proposed use or development could be located on flood-free land or land
with a lesser flood hazard outside this overlay.
 The susceptibility of the development to flooding and flood damage.
 The potential flood risk to life, health and safety associated with the development.
Flood risk factors to consider include:
 The frequency, duration, extent, depth and velocity of flooding of the site and
accessway.
 The flood warning time available.
 The danger to the occupants of the development, other floodplain residents and
emergency personnel if the site or accessway is flooded.
 The effect of the development on redirecting or obstructing floodwater, stormwater or
drainage water and the effect of the development on reducing flood storage and
increasing flood levels and flow velocities.

LAND SUBJECT TO INUNDATION OVERLAY PAGE 2 OF 3


 The effect of the development on river health values including wetlands, natural habitat,
stream stability, erosion, environmental flows, water quality and sites of scientific
significance.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

LAND SUBJECT TO INUNDATION OVERLAY PAGE 3 OF 3


44.05 SPECIAL BUILDING OVERLAY
15/09/2008
VC49
Shown on the planning scheme map as SBO with a number (if shown).

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To identify land in urban areas liable to inundation by overland flows from the urban
drainage system as determined by, or in consultation with, the floodplain management
authority.
To ensure that development maintains the free passage and temporary storage of
floodwaters, minimises flood damage, is compatible with the flood hazard and local
drainage conditions and will not cause any significant rise in flood level or flow velocity.
To protect water quality in accordance with the provisions of relevant State Environment
Protection Policies, particularly in accordance with Clauses 33 and 35 of the State
Environment Protection Policy (Waters of Victoria).

44.05-1 Buildings and works


15/09/2008
VC49
A permit is required to construct a building or to construct or carry out works, including:
 A fence.
 Roadworks.
 Bicycle pathways and trails.
 Public toilets.
 A domestic swimming pool or spa and associated mechanical and safety equipment if
associated with one dwelling on a lot.
 A pergola or verandah, including an open-sided pergola or verandah to a dwelling with
a finished floor level not more than 800mm above ground level and a maximum
building height of 3 metres above ground level.
 A deck, including a deck to a dwelling with a finished floor level not more than 800mm
above ground level.
 A non-domestic disabled access ramp.
This does not apply:
 If a schedule to this overlay specifically states that a permit is not required.
 To flood mitigation works carried out by the responsible authority or floodplain
management authority.
 To the following works in accordance with plans prepared to the satisfaction of the
responsible authority:
 The laying of underground sewerage, water and gas mains, oil pipelines,
underground telephone lines and underground power lines provided they do not alter
the topography of the land.
 The erection of telephone or power lines provided they do not involve the
construction of towers or poles designed to operate at more than 66,000 volts.
 To landscaping, driveways, vehicle cross overs, footpaths or bicycle paths if there is no
significant change to existing surface levels, or if the relevant floodplain management
authority has agreed in writing that the flowpath is not obstructed.

SPECIAL BUILDING OVERLAY PAGE 1 OF 4


 To roadworks and associated works if this is limited to resurfacing the existing road or
the relevant floodplain management authority has agreed in writing that the flowpath is
not obstructed.
 To an extension of less than 20 square metres in floor area to an existing building (not
including an out-building), where the floor levels are constructed to at least 300mm
above the flood level or if the relevant floodplain management authority has agreed in
writing that the flowpath is not obstructed.
 To an upper storey extension to an existing building.
 To an alteration to an existing building where the original building footprint remains the
same and floor levels are constructed to at least 300mm above flood level.
 To an out-building (including replacement of an existing building) if the out-building is
less than 10 square metres in floor area and constructed to at least 150mm above the
flood level or the relevant floodplain management authority has agreed in writing that
the flowpath is not obstructed.
 To a replacement building (not including an out-building) if it is constructed to at least
300mm above the flood level and the original building footprint remains the same. The
responsible authority may require evidence of the existing building envelope.
 To fencing with at least 25% openings and with the plinth at least 300mm above the
flood level.
 To a replacement fence in the same location and of the same type and materials as the
existing fence.
 To a pergola or an open deck area with unenclosed foundations.
 To a carport constructed over an existing carspace.
 To an in-ground swimming pool and associated security fencing, where the perimeter
edging of the pool is constructed at natural surface levels and excavated material is
removed from the flowpath.
 To a tennis court at existing surface level with fencing designed to minimise obstruction
to flows.
 To an aviary or other enclosure for a domestic animal if it is less than 10 square metres
in floor area at ground level.
 To open sided verandahs, open sided picnic shelters, barbeques and park furniture
(excluding playground equipment) if there is less than 30mm change to existing surface
levels.
 To radio masts, light poles or advertising signs on posts or attached to buildings.

44.05-2 Subdivision
19/01/2006
VC37
A permit is required to subdivide land.

44.05-3 Application requirements


19/01/2006
VC37
Unless otherwise agreed in writing by the relevant floodplain management authority, an
application to construct a building or construct or carry out works must be accompanied by
a site plan which shows, as appropriate:

 The boundaries and dimensions of the site.


 Relevant existing and proposed ground levels, to Australian Height Datum, taken by or
under the direction or supervision of a licensed land surveyor.
 The layout, size and use of existing and proposed buildings and works, including
vehicle parking areas.

SPECIAL BUILDING OVERLAY PAGE 2 OF 4


 Floor levels of any existing and proposed buildings to Australian Height Datum.
 Cross sectional details of any basement entry ramps and other basement entries to
Australian Height Datum, showing floor levels of entry and exit areas and drainage
details.

Local floodplain development plan

If a local floodplain development plan has been developed for the area and has been
incorporated into this scheme, an application must be consistent with the plan.

44.05-4 Exemption from notice and review


19/01/2006
VC37
An application under this overlay is exempt from the notice requirements of Section
52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review
rights of Section 82(1) of the Act.

44.05-5 Referral of applications


19/01/2006
VC37
An application must be referred to the relevant floodplain management authority under
Section 55 of the Act unless in the opinion of the responsible authority, the proposal
satisfies requirements or conditions previously agreed to in writing between the responsible
authority and the floodplain management authority.

44.05-6 Decision guidelines


19/01/2006
VC37
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 Any local floodplain development plan.
 Any comments from the relevant floodplain management authority.
 The existing use and development of the land.
 Whether the proposed use or development could be located on flood-free land or land
with a lesser flood hazard outside this overlay.
 The susceptibility of the development to flooding and flood damage.
 Flood risk factors to consider include:
 The frequency, duration, extent, depth and velocity of flooding of the site and
accessway.
 The flood warning time available.
 The danger to the occupants of the development, other floodplain residents and
emergency personnel if the site or accessway is flooded.
 The effect of the development on redirecting or obstructing floodwater, stormwater or
drainage water and the effect of the development on reducing flood storage and
increasing flood levels and flow velocities.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

SPECIAL BUILDING OVERLAY PAGE 3 OF 4


Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

SPECIAL BUILDING OVERLAY PAGE 4 OF 4


44.06 WILDFIRE MANAGEMENT OVERLAY
12/03/2009
VC54
Shown on the planning scheme map as WMO.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To identify areas where the intensity of wildfire is significant and likely to pose a threat to
life and property.
To ensure that development which is likely to increase the number of people in the overlay
area:

ƒ Satisfies the specified fire protection objectives.


ƒ Does not significantly increase the threat to life and surrounding property from wildfire.
To detail the minimum fire protection outcomes that will assist to protect life and property
from the threat of wildfire.

44.06-1 Buildings and works


12/03/2009
VC54
Permit requirement

A permit is required to construct a building or construct or carry out works associated with
the following uses:

ƒ Accommodation
ƒ Child care centre
ƒ Education centre
ƒ Hospital
ƒ Industry
ƒ Place of assembly
ƒ Retail premises
ƒ Timber production
This does not apply to any of the following:
ƒ A building or works associated with a dwelling that is sited in the same location on the
land as a dwelling that was damaged or destroyed by bushfire that occurred after 1
January 2009. The construction of the building or the construction or carrying out of
the works must commence prior to 31 March 2011.
ƒ A building or works consistent with a fire risk management plan, where the fire risk
management plan has been prepared to the requirements of the relevant fire authority
and has been submitted to, and is to the satisfaction of, the responsible authority prior
to the commencement of building or works.
ƒ An alteration or extension to an existing building used for accommodation less than
50% of the floor area of the existing building.
ƒ A building or works with a floor area of less than 100 square metres ancillary to a
dwelling not used for accommodation.

WILDFIRE MANAGEMENT OVERLAY PAGE 1 OF 5


Application requirement

An application to construct a building or construct or carry out works must be accompanied


by a statement which demonstrates that all fire protection requirements for water supply,
access, buildings and works, vegetation and any other relevant matter have been considered
and incorporated. The statement must show how the following objectives and outcomes are
achieved, as appropriate:

Water supply

OBJECTIVE OUTCOME
To ensure that water is A reticulated or non-reticulated water supply must
available to landholders and provide a water discharge to provide an appropriate
emergency services to enable level of protection to assets.
life and property to be defended
The water supply must be maintained, accessible and
from wildfire.
able to be effectively employed for personal and fire
brigade use at all times.

The water supply system must include an outlet and


connectors compatible with standard fire brigade
equipment.

Access

OBJECTIVE OUTCOME
To ensure that safe access is Appropriate access to, and surrounding, the property
provided for emergency and and the water supply must be provided to allow
other vehicles at all times. emergency and other vehicles to traverse with ease
and safety.

The property has a road that provides suitable access


for emergency vehicles and which:

ƒ Has adequate width and a stable surface, with no


horizontal or vehicle encroachments which
restrict emergency vehicles.

ƒ Is not a dead-end road, unless there are


adequate passing bays.

ƒ Is sufficient to allow two vehicles to pass or has


adequate passing bays.

WILDFIRE MANAGEMENT OVERLAY PAGE 2 OF 5


Buildings and works

OBJECTIVE OUTCOME
To ensure that the design and The design and siting of any building or works,
siting of buildings and works including outbuildings, driveways, vegetation and
improves protection for life and storage areas for flammable materials, must minimise
minimises the level of fire the fire risk to life and property.
impact.
The design of any building must incorporate fire
protection construction features to prevent the entry
and build up of embers to the building and reduce the
likelihood of direct flame contact.

The siting of any building in relation to slope, access,


aspect, orientation and vegetation must minimise the
fire risk to life and property.

Vegetation

OBJECTIVE OUTCOME
To ensure that fuel (ground fuel A building protection zone, landscaped to reduce fuel
and shrubs) is managed to load, distribution and continuity, must be established
reduce potential fire intensity in to inhibit the spread of fire and minimise the fire risk
the vicinity of buildings. to life and property.

44.06-2 Subdivision
19/01/2006
VC37
Permit requirement

A permit is required to subdivide land.

Application requirements

An application for subdivision must be accompanied by a statement which demonstrates


that all fire protection requirements for protective features, access, water supply, public
open space and vegetation have been considered and incorporated. The statement must
show how the following objectives and outcomes are achieved, as appropriate.

Protective Features

OBJECTIVE OUTCOME
To ensure that the level of Topographical features must be utilised to best
protection from fire in terms of advantage to prevent the spread of wildfire both into
the level of fire risk and the subdivision and within the subdivision.
potential loss of life is reduced
The subdivision must be designed so that the building
by the design, siting and layout
protection zone is separated from the hazard by a
of the subdivision.
fuel modified buffer zone.

A building protection zone must be maintained by


planning the subdivision to allow for the setback of
buildings within the building envelope.

WILDFIRE MANAGEMENT OVERLAY PAGE 3 OF 5


Access

OBJECTIVE OUTCOME
To ensure that both public and Access to and within the subdivision must take into
private access is designed to account:
provide safe access for
ƒ The type and density of development.
emergency and other vehicles
at all times. ƒ The type and source of fire hazard.

ƒ The requirements of emergency vehicles.

ƒ The need to provide for simultaneous


evacuation.

The road network should provide at least two access


options.

Water requirements

OBJECTIVE OUTCOME
To ensure adequate quantities Reticulated areas
of water are available to
If the subdivision has provision for a reticulated water
landholders or emergency
supply, the minimum water flow rate measured at any
services to enable life and
hydrant must not be less than 270 litres/minute.
property to be defended from
fire. If the building envelope is more than 130 metres from
the nearest hydrant, a supply of static water on site or
an additional street hydrant or hydrant must be
supplied.

Non-reticulated areas

A supply of water solely for fire-fighting purposes


must be maintained in an accessible location at all
times.

Public Open Space

OBJECTIVE OUTCOME
To provide a fuel managed Areas of public open space should be used as a fuel
buffer between a potential or modification buffer zone where appropriate.
existing fire hazard and
subdivision.

WILDFIRE MANAGEMENT OVERLAY PAGE 4 OF 5


Vegetation

OBJECTIVE OUTCOME
To ensure that the subdivision The design of the subdivision must consider:
is designed to recognise the
ƒ The location of vegetation in relation to existing
effect of vegetation on the level
and potential building envelopes and its potential
of fire intensity.
to increase the fire risk to property.

ƒ The ability of vegetation to be used as a


windbreak to protect buildings from radiated heat
and windblown debris.

44.06-3 Referral of applications


19/01/2006
VC37
An application must be referred to the relevant fire authority under Section 55 of the Act
unless in the opinion of the responsible authority the proposal satisfies requirements or
conditions previously agreed in writing between the responsible authority and the fire
authority.

44.06-4 Exemption from notice and review


19/01/2006
VC37
An application under this overlay is exempt from the notice requirements of Section
52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review
rights of Section 82(1) of the Act.

44.06-5 Decision guidelines


19/01/2006
VC37
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The views of the relevant fire authority.
ƒ Whether the design and siting of any proposed building, works or access road
appropriately meets the objectives and outcomes of this overlay.
ƒ Any adopted municipal fire prevention plan.
ƒ The principles and guidelines included in:
‚ Design and Siting Guidelines, Bushfire Protection for Rural Houses, Country Fire
Authority and Ministry for Planning and Environment, 1990.
‚ Planning Conditions and Guidelines for Subdivisions, Country Fire Authority, 1991.
‚ Building in Bushfire-Prone Areas - CSIRO & Standards Australia (SAA HB36-
1993), May 1993.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect the
use and development of land.

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

WILDFIRE MANAGEMENT OVERLAY PAGE 5 OF 5


44.07 STATE RESOURCE OVERLAY
19/01/2006
VC37
Shown on the planning scheme map as SRO with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To protect areas of mineral, stone and other resources, which have been identified as being
of State significance, from development that would prejudice the current or future
productive use of the resource.

44.07-1 Statement of resource significance


19/01/2006
VC37
A schedule to this overlay must contain a statement of the significance of the resource in
the area affected by the schedule.

44.07-2 Management objective


19/01/2006
VC37
A schedule to this overlay must contain a statement of the management objective to be
achieved for the area affected by the schedule.

44.07-3 Application requirements


19/01/2006
VC37
An application under the zone to construct a building or construct or carry out works or
subdivide land specified in a schedule to this overlay must be accompanied by a report
which explains how the building, works or subdivision:

ƒ Is consistent with the management objective specified in the schedule.


ƒ Responds to the decision guidelines.

44.07-4 Referral of applications


19/01/2006
VC37
An application of a kind specified in a schedule to this overlay must be referred to the
specified referral authority in accordance with Section 55 of the Act.

44.07-5 Decision guidelines


19/01/2006
VC37
Before deciding on an application of a kind specified in a schedule to this overlay, in
addition to the decision guidelines in Clause 65, the responsible authority must consider, as
appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The significance of the future productive use of the resource to the State.
ƒ When the resource is likely to be required for extraction.
ƒ The desirability of preventing any long term major capital development or intensive
subdivision and associated residential development on the land which may adversely
impact on the future productive use of the resource.
ƒ Any other matters specified in the schedule to this overlay.

STATE RESOURCE OVERLAY PAGE 1 OF 2


Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

STATE RESOURCE OVERLAY PAGE 2 OF 2


45 OTHER OVERLAYS
19/01/2006
VC37

OTHER OVERLAYS PAGE 1 OF 1


45.01 PUBLIC ACQUISITION OVERLAY
15/09/2008
VC49
Shown on the planning scheme map as PAO with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To identify land which is proposed to be acquired by an authority.
To reserve land for a public purpose and to ensure that changes to the use or development
of the land do not prejudice the purpose for which the land is to be acquired.

45.01-1 Permit required


15/09/2008
VC49
A permit is required to:

 Use land for any Section 1 or Section 2 use in the zone.

 Construct a building or construct or carry out works, including:

 A domestic swimming pool or spa and associated mechanical and safety equipment
if associated with one dwelling on a lot.
 A pergola or verandah, including an open-sided pergola or verandah to a dwelling
with a finished floor level not more than 800mm above ground level and a maximum
building height of 3 metres above ground level.
 A deck, including a deck to a dwelling with a finished floor level not more than
800mm above ground level.
 Damage, demolish or remove a building or works.

 Damage, remove, destroy or lop any vegetation. This does not apply:

 If the vegetation has been planted for pasture, timber production or any other crop.
 To any action which is necessary to keep the whole or any part of a tree clear of an
electric line provided the action is carried out in accordance with a code of practice
prepared under Section 86 of the Electricity Safety Act 1998.
 If the vegetation presents an immediate risk of personal injury or damage to
property.
 Subdivide land.
This does not apply:

 To an authority responsible for acquiring the land if the land has been acquired and any
of the above matters for which a permit is required is consistent with the purpose for
which the land was acquired.

 To an authority or a municipal council if the responsible authority, after consulting with


the authority responsible for acquiring the land, is satisfied that any of the above matters
for which a permit is required is consistent with the purpose for which the land is to be
acquired.

PUBLIC ACQUISITION OVERLAY PAGE 1 OF 2


45.01-2 Exemption from notice and review
17/09/2007
VC45
An application under this overlay is exempt from the notice requirements of Section
52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review
rights of Section 82(1) of the Act.

45.01-3 Referral of applications


19/01/2006
VC37
An application must be referred under Section 55 of the Act to the authority responsible for
acquiring the land.

45.01-4 Decision guidelines


19/01/2006
VC37
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.

 The effect of the proposed use or development on the purpose for which the land is to be
acquired as specified in the schedule to this overlay.

A permit granted under this clause may be conditional on:

 The extent of alterations and extensions to an existing building and works, and the
materials that may be used.

 The location, dimensions, design and material or a new building or works.

 The demolition, removal or alteration of any buildings or works.

 The demolition or removal of buildings or works constructed or carried out in


accordance with a permit under this clause.

 No compensation being payable for the demolition or removal of any buildings or works
constructed under the permit.

45.01-5 Land not to be spoiled or wasted


19/01/2006
VC37
Land must not be spoiled or wasted so as to adversely affect the use of the land for the
purpose for which it is to be acquired.

45.01-6 Reservation for public purpose


19/01/2006
VC37
Any land included in a Public Acquisition Overlay is reserved for a public purpose within
the meaning of the Planning and Environment Act 1987, the Land Acquisition and
Compensation Act 1986 or any other act.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

PUBLIC ACQUISITION OVERLAY PAGE 2 OF 2


45.02 AIRPORT ENVIRONS OVERLAY
14/05/2007
VC30
Shown on the planning scheme map as AEO with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To identify areas which are or will be subject to high levels of aircraft noise, including
areas where the use of land for uses sensitive to aircraft noise will need to be restricted.
To ensure that land use and development are compatible with the operation of airports in
accordance with the appropriate airport strategy or master plan and with safe air navigation
for aircraft approaching and departing the airfield.
To assist in shielding people from the impact of aircraft noise by requiring appropriate
noise attenuation measures in new dwellings and other noise sensitive buildings.
To limit the number of people residing in the area or likely to be subject to significant
levels of aircraft noise.

45.02-1 Use of land


19/01/2006
VC37
Any requirement in a schedule to this overlay must be met.

45.02-2 Construction of buildings


19/01/2006
VC37

Any new building must be constructed so as to comply with any noise attenuation measures
required by Section 3 of Australian Standard AS 2021-2000, Acoustics - Aircraft Noise
Intrusion - Building Siting and Construction, issued by Standards Australia International
Ltd.

Note: In Section 3 of Australian Standard AS 2021-2000, Table 3.3 refers to both building types
and activities within those buildings. Each building type listed has its ordinary meaning
and should not be interpreted as defined in this scheme.

45.02-3 Subdivision
19/01/2006
VC37
A permit is required to subdivide land.
An application to subdivide land must be referred to the airport owner under Section 55 of
the Act unless in the opinion of the responsible authority the proposal satisfies requirements
or conditions previously agreed in writing between the responsible authority and the airport
owner.

45.02-4 Exemption from notice and review


19/01/2006
VC37
An application under this overlay is exempt from the notice requirements of Section
52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review
rights of Section 82(1) of the Act.

45.02-5 Decision guidelines


14/05/2007
VC30
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

AIRPORT ENVIRONS OVERLAY PAGE 1 OF 2


ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ Whether the proposal will result in an increase in the number of dwellings and people
affected by aircraft noise.
ƒ Whether the proposal is compatible with the present and future operation of the airport
in accordance with the appropriate airport strategy or master plan.
ƒ Whether the design of the building incorporates appropriate noise attenuation measures.
The views of the airport owner.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.
Check the requirements of the zone which applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.

AIRPORT ENVIRONS OVERLAY PAGE 2 OF 2


45.03 ENVIRONMENTAL AUDIT OVERLAY
19/01/2006
VC37
Shown on the planning scheme map as EAO

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To ensure that potentially contaminated land is suitable for a use which could be
significantly adversely affected by any contamination.

45.03-1 Requirement
19/01/2006
VC37
Before a sensitive use (residential use, child care centre, pre-school centre or primary
school) commences or before the construction or carrying out of buildings and works in
association with a sensitive use commences, either:

ƒ A certificate of environmental audit must be issued for the land in accordance with Part
IXD of the Environment Protection Act 1970, or
ƒ An environmental auditor appointed under the Environment Protection Act 1970 must
make a statement in accordance with Part IXD of that Act that the environmental
conditions of the land are suitable for the sensitive use.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect the
use and development of land.

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

ENVIRONMENTAL AUDIT OVERLAY PAGE 1 OF 1


45.04 ROAD CLOSURE OVERLAY
19/01/2006
VC37
Shown on the planning scheme map as RXO.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To identify a road that is closed by an amendment to this planning scheme.

45.04-1 Road closure


19/01/2006
VC37
A road included in this overlay is closed on the date notice of approval of the amendment is
published in the Government Gazette.

45.04-2 Decision guidelines


19/01/2006
VC37
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ That the road is closed.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

ROAD CLOSURE OVERLAY PAGE 1 OF 1


45.05 RESTRUCTURE OVERLAY
19/01/2006
VC37
Shown on the planning scheme map as RO with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To identify old and inappropriate subdivisions which are to be restructured.
To preserve and enhance the amenity of the area and reduce the environmental impacts of
dwellings and other development.

45.05-1 Subdivision
19/01/2006
VC37
A permit is required to subdivide land.
A subdivision must be in accordance with a restructure plan for the land listed in the
schedule to this overlay. This does not apply if the subdivision is for one of the following
purposes and no additional lots or subdivision potential is created:

ƒ To realign boundaries between lots that have been consolidated in accordance with the
restructure plan.
ƒ To consolidate a restructure lot with a section of closed road or other land not included
in a proposed restructure lot.
Each lot must be provided with reticulated sewerage if available. If reticulated sewerage is
not available, the application must be accompanied by:
ƒ A land assessment report which demonstrates that each lot is capable of treating and
retaining all waste water in accordance with the State Environment Protection Policy
(Waters of Victoria) under the Environment Protection Act 1970.
ƒ A plan which indicates the building envelope and effluent disposal area for each lot.
Before deciding on an application to subdivide land into residential lots, the responsible
authority must consider Clause 56.

45.05-2 Dwellings and other buildings


19/01/2006
VC37
A permit is required to construct or extend a dwelling or other building.
A permit must be in accordance with a restructure plan for the land listed in a schedule to
this overlay. This does not apply if:

ƒ No restructure plan is listed in the schedule and the permit is required to extend an
existing dwelling or other building.
ƒ The land is a lot for which a permit has been granted under Clause 45.05-1.

45.05-3 Exemption from notice and review


19/01/2006
VC37
An application under this overlay is exempt from the notice requirements of Section
52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review
rights of Section 82(1) of the Act.

RESTRUCTURE OVERLAY PAGE 1 OF 2


45.05-4 Decision guidelines
19/01/2006
VC37
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The objectives of the restructure plan for the area.
ƒ Appropriate measures to cope with any environmental hazard or constraint affecting the
land, including slope, drainage, salinity and erosion.
ƒ The protection and enhancement of the natural environment and the character of the
area including the retention of vegetation and fauna habitats and the need to revegetate
along waterways, gullies, ridge lines and property boundaries.
ƒ The availability of utility services, including sewerage, water, drainage, electricity, gas
and telecommunications.
ƒ The relationship of the intended use and development to the existing or likely use and
development of adjoining and nearby land.
ƒ The effect on surrounding uses, especially agricultural uses and nearby public land.
ƒ The design of buildings.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

RESTRUCTURE OVERLAY PAGE 2 OF 2


45.06 DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY
19/01/2006
VC37
Shown on the planning scheme map as DCPO with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To identify areas which require the preparation of a development contributions plan for the
purpose of levying contributions for the provision of works, services and facilities before
development can commence.

45.06-1 Development contributions plan


19/01/2006
VC37
A permit must not be granted to subdivide land, construct a building or construct or carry
out works until a development contributions plan has been incorporated into this scheme.
This does not apply to the construction of a building, the construction or carrying out of
works or a subdivision specifically excluded by a schedule to this overlay.
A permit granted must:

ƒ Be consistent with the provisions of the relevant development contributions plan.


ƒ Include any conditions required to give effect to any contributions or levies imposed,
conditions or requirements set out in the relevant schedule to this overlay.

45.06-2 Preparation of a development contributions plan


19/01/2006
VC37
The development contributions plan may consist of plans or other documents and may,
with the agreement of the planning authority, be prepared and implemented in stages.
The development contributions plan must:

ƒ Specify the area to which the plan applies.


ƒ Set out the works, services and facilities to be funded through the plan, including the
staging of the provision of those works, services and facilities.
ƒ Relate the need for the works, services or facilities to the proposed development of land
in the area.
ƒ Specify the estimated costs of each of the works, services and facilities.
ƒ Specify the proportion of the total estimated costs of the works, services and facilities
which is to be funded by a development infrastructure levy or community infrastructure
levy or both.
ƒ Specify the land in the area and the types of development in respect of which a levy is
payable and the method for determining the levy payable in respect of any development
of land.
ƒ Provide for the procedures for the collection of a development infrastructure levy in
respect to any development for which a permit is not required.
The development contributions plan may:

ƒ Exempt certain land or certain types of development from payment of a development


infrastructure levy or community infrastructure levy or both.
ƒ Provide for different rates or amounts of levy to be payable in respect of different types
of development of land or different parts of the area.

DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY PAGE 1 OF 2


Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY PAGE 2 OF 2


45.07 CITY LINK PROJECT OVERLAY
19/01/2006
VC37
Shown on the planning scheme map as CLPO.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To ensure the efficient construction, operation and maintenance of the Melbourne City
Link Project and the Exhibition Street Extension Project.
To ensure that the display of a Business identification sign on land no longer required for
the Melbourne City Link Project or the Exhibition Street Extension Project is limited to a
level that does not compete with the display of signs shown on the plan titled "Melbourne
City Link Project - Advertising Sign Locations November 2003".

45.07-1 Use and development


19/01/2006
VC37
A permit is not required to use or develop land in the City Link Project area if the use or
development is part of the Melbourne City Link Project or the Exhibition Street Extension
Project.

45.07-2 Outdoor advertising signs - permit not required


19/01/2006
VC37
A permit is not required to display an outdoor advertising sign if the sign is in a location or
area identified on the plan titled "Melbourne City Link Project - Advertising Locations
November 2003";
Except in locations shown on the plan where signs are prohibited, additional outdoor
advertising signs may be displayed without a permit for a period not exceeding four years
from the date of approval (or other such period approved by the Minister) provided that a
plan of the sign showing its location and dimensions is approved by the Minister.
In deciding whether or not to approve a plan the Minister must consider:

ƒ The visual impact of the sign on the road and the surrounding area.
ƒ The effect of the sign on the safe and efficient operation of the road.
ƒ Any government policy or agreement relating to the Melbourne City Link Project.

45.07-3 Business identification signs - permit required


19/01/2006
VC37
In locations shown as “prohibited area for advertising signs” on the plan titled “Melbourne
City Link Project - Advertising Sign Locations November 2003”, a permit may be granted
to display a Business identification sign provided:
ƒ The land is no longer under the control of the Melbourne City Link Project or the
Exhibition Street Extension Project.
ƒ The sign is not prohibited by the advertising requirements of the zone and Clause 52.05
- Advertising Signs.
Written advice from the relevant Government agency that the land is no longer part of the
Melbourne City Link Project or the Exhibition Street Extension Project is sufficient
evidence of the status of the land pursuant to this clause.
In deciding whether or not to grant a permit for a Business identification sign the
responsible authority must consider in addition to the decision guidelines under Clause
52.05:

CITY LINK PROJECT OVERLAY PAGE 1 OF 2


ƒ Whether the Business identification sign detracts from the visual prominence of signs
identified on the plan titled "Melbourne City Link Project - Advertising Sign Locations
November 2003".

45.07-4 Control building


19/01/2006
VC37
A permit is not required to use and develop the Link Control Site under the Melbourne City
Link Act 1995, for buildings housing link control rooms and ancillary activities, provided
the building does not exceed 3 storeys in height and is generally in accordance with plans,
Ref Nos: A-SBI-AR-404 A, SK-SB1-4087 A to SK-SBI-4090 A (inclusive), SBI-AR-
4001 Revision C, SBI-AR-4002 Revision C, SBI-AR-4030 Revision B, SBI-LS-4102
Revision C, and SBI-CI-4701 Revision A.
A permit is required to use and develop the Link Control Site under the Melbourne City
Link Act 1995 if the building to house the link control rooms and ancillary activities for the
City Link Project exceeds 3 storeys in height or is not generally in accordance with the
plans.

45.07-5 Other scheme requirements


19/01/2006
VC37
No other requirement of the scheme applies to a use or development of land in the City
Link Project area if the use or development is for the purpose of the Melbourne City Link
Project or the Exhibition Street Extension Project. This provision prevails over any
inconsistent provision in this scheme, in accordance with Section 7(4) of the Act.

45.07-6 Referral of applications


19/01/2006
VC37
An application must be referred under Section 55 of the Act to the Roads Corporation.

45.07-7 Definitions
19/01/2006
VC37
In this clause:
Melbourne City Link Project has the same meaning as in the Melbourne City Link Act
1995.
Exhibition Street Extension Project has the same meaning as in the Melbourne City Link
Act 1995.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

CITY LINK PROJECT OVERLAY PAGE 2 OF 2


45.08 MELBOURNE AIRPORT ENVIRONS OVERLAY
15/09/2008
VC49
Shown on the planning scheme map as MAEO with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To ensure that land use and development are compatible with the operation of Melbourne
Airport in accordance with the relevant airport strategy or master plan and with safe air
navigation for aircraft approaching and departing the airfield.
To assist in shielding people from the impact of aircraft noise by requiring appropriate
noise attenuation measures in dwellings and other noise sensitive buildings.
To provide for appropriate levels of noise attenuation depending on the level of forecasted
noise exposure.

45.08-1 Use of land


14/05/2007
VC30
Any requirement in a schedule to this overlay must be met.

45.08-2 Buildings and works


14/05/2007
VC30

Any requirement in a schedule to this overlay must be met.


Any building for which a permit is required under this overlay must be constructed so as to
comply with any noise attenuation measures required by Section 3 of Australian Standard
AS 2021-2000, Acoustics - Aircraft Noise Intrusion - Building Siting and Construction,
issued by Standards Australia International Ltd.

Note: In Section 3 of Australian Standard AS 2021-2000, Table 3.3 refers to both building types
and activities within those buildings. Each building type listed has its ordinary meaning
and should not be interpreted as defined in this scheme.

45.08-3 Subdivision
14/05/2007
VC30
A permit is required to subdivide land.
Subdivision must occur in accordance with any lot size or other requirement specified in a
schedule to this overlay.

45.08-4 Decision guidelines


14/05/2007
VC30

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 Whether the proposal will result in an increase in the number of dwellings and people
affected by aircraft noise.
 Whether the proposal is compatible with the present and future operation of the airport
in accordance with the current Melbourne Airport Master Plan approved in accordance
with the Airports Act 1996.
 Location of the development in relation to the criteria set out in Table 2.1 Building Site
Acceptability Based on ANEF Zones in Australian Standard AS 2021-2000.

MELBOURNE AIRPORT ENVIRONS OVERLAY PAGE 1 OF 2


45.08-5 Exemption from notice
15/09/2008
VC49
An application under this overlay is exempt from the notice requirements of Section
52(1)(a), (b) and (d) of the Act.

45.08-6 Notification requirements


15/09/2008
VC49
In accordance with Section 52(1)(c) of the Act, notice of an application under this overlay
to use land, subdivide land or to construct a building or construct or carry out works must
be given to the airport lessee company of Melbourne Airport in accordance with the
Commonwealth Airports Act 1996, unless otherwise agreed in writing between the
responsible authority and the airport lessee. The notice must be accompanied by a copy of
the application, existing condition and development plans.

45.08-7 Transitional arrangements for building permits


14/05/2007
VC30
The requirements of Clause 45.08 do not apply to any development for which a building
permit issued pursuant to the Building Act 1993 prior to 14 May 2007.
This sub-clause does not apply after 14 May 2008.

45.08-8 Transitional arrangements for permit applications


14/05/2007
VC30
The requirements of the planning scheme as in force immediately before 14 May 2007
continue to apply to a permit application made before that date.
This sub-clause does not apply after 14 May 2008.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.
Check the requirements of the zone which applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.

MELBOURNE AIRPORT ENVIRONS OVERLAY PAGE 2 OF 2


Particular
Provisions
50 PARTICULAR PROVISIONS
19/01/2006
VC37
This section sets out Particular Provisions which apply to the matters specified.

PARTICULAR PROVISIONS - CLAUSE 50 PAGE 1 OF 1


51 OPERATION OF PARTICULAR PROVISIONS
19/01/2006
VC37
The requirements of these particular provisions apply to the specified categories of use and
development and other matters in addition to any provisions which apply due to any other
provision of this scheme.

PARTICULAR PROVISIONS - CLAUSE 51 PAGE 1 OF 1


52 [no content]
19/01/2006
VC37

PARTICULAR PROVISIONS - CLAUSE 52 PAGE 1 OF 1


52.01 PUBLIC OPEN SPACE CONTRIBUTION AND SUBDIVISION
19/01/2006
VC37
A person who proposes to subdivide land must make a contribution to the council for
public open space in an amount specified in the schedule to this clause (being a percentage
of the land intended to be used for residential, industrial or commercial purposes, or a
percentage of the site value of such land, or a combination of both). If no amount is
specified, a contribution for public open space may still be required under Section 18 of the
Subdivision Act 1988.
A public open space contribution may be made only once for any of the land to be
subdivided. This does not apply to the subdivision of a building if a public open space
requirement was not made under Section 569H of the Local Government Act 1958 or
Section 21A of the Building Control Act 1981 when the building was constructed.
A subdivision is exempt from a public open space requirement, in accordance with Section
18(8) of the Subdivision Act 1988, if:

ƒ It is one of the following classes of subdivision:


ƒ Class 1: The subdivision of a building used for residential purposes provided each
lot contains part of the building. The building must have been constructed or used
for residential purposes immediately before 30 October 1989 or a planning permit
must have been issued for the building to be constructed or used for residential
purposes immediately before that date.
ƒ Class 2: The subdivision of a commercial or industrial building provided each lot
contains part of the building.
ƒ It is for the purpose of excising land to be transferred to a public authority, council or a
Minister for a utility installation.
ƒ It subdivides land into two lots and the council considers it unlikely that each lot will be
further subdivided.

PARTICULAR PROVISIONS - CLAUSE 52.01 PAGE 1 OF 1


52.02 EASEMENTS, RESTRICTIONS AND RESERVES
19/01/2006
VC37
A permit is required before a person proceeds:

ƒ Under Section 23 of the Subdivision Act 1988 to create, vary or remove an easement or
restriction or vary or remove a condition in the nature of an easement in a Crown grant.
ƒ Under Section 24A of the Subdivision Act 1988.
ƒ Under Section 36 of the Subdivision Act 1988 to acquire or remove an easement or
remove a right of way.
This does not apply:

ƒ If the action is required or authorised by the schedule to this clause.


ƒ In the circumstances set out in Section 6A(3) of the Planning and Environment Act
1987.
ƒ If the person proceeds under Section 362A of the Land Act 1958.
ƒ In the case of a person proceeding under Section 36 of the Subdivision Act 1988, if the
council or a referral authority gives a written statement in accordance with Section
36(1)(a) or (b) of that Act.
In this clause, restriction has the same meaning as in the Subdivision Act 1988.

Note: Section 23 of the Subdivision Act 1988 provides that either the council or the person
benefiting from the direction must lodge a certified plan at the Titles Office for
registration.

PARTICULAR PROVISIONS - CLAUSE 52.02 PAGE 1 OF 1


52.03 SPECIFIC SITES AND EXCLUSIONS
19/01/2006
VC37
Purpose

To recognise specific controls designed to achieve a particular land use and development
outcome existing on the approval date.
To provide in extraordinary circumstances specific controls designed to achieve a particular
land use and development outcome.

Use or development

Land identified in the schedule to this clause may be used or developed in accordance with
the specific controls contained in the incorporated document corresponding to that land.
The specific controls may:

ƒ allow the land to be used or developed in a manner that would otherwise be prohibited
or restricted;
ƒ prohibit or restrict the use or development of the land beyond the controls that may
otherwise apply;
ƒ exclude any other control in this scheme.

Expiry of a specific control

If a specific control contained in an incorporated document identified in the schedule to this


clause allows a particular use or development, that control will expire if any of the
following circumstances applies:

ƒ The development and use is not started within two years of the approval date or another
date specified in the incorporated document.
ƒ The development is not completed within one year of the date of commencement of
works or another date specified in the incorporated document.

The responsible authority may extend the periods referred to if a request is made in writing
before the expiry date or within three months afterwards.
Upon expiry of the specific control, the land may be used and developed only in
accordance with the provisions of this scheme.

PARTICULAR PROVISIONS - CLAUSE 52.03 PAGE 1 OF 1


52.04 SATELLITE DISH
15/09/2008
VC49
Purpose

To provide an opportunity to consider the impact of a satellite dish attached to a building or


structure listed in a schedule to the Heritage Overlay.
To provide an opportunity to consider the effect of a satellite dish on the amenity of
residential areas.

Scope

This clause applies to:

 A building or structure listed in a schedule to the Heritage Overlay.


 Land in a Residential 1 Zone, Residential 2 Zone, Residential 3 Zone, Low Density
Residential Zone, Mixed Use Zone or Township Zone.

Permit requirement

A permit is required to use land or to construct or install or carry out works for a satellite
dish (whether or not it forms part of a network) even if it is ancillary to another use on the
land.
This does not apply to a satellite dish with a diameter:

 Less than 1.2 metres.


 Between 1.2 metres and 2.4 metres provided:
 The dish is not visible from the street (other than a lane) or a public park,
 The dish is setback from the side or rear boundary 1 metre, plus 0.3 metres for every
metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of
height over 6.9 metres, and
 The dish is setback at least 3 metres from the boundary where it is opposite an
existing habitable room window.

Decision Guidelines

Before deciding on an application, in addition to the design principles in Clause 19.03 and
decision guidelines in clause 65, the responsible authority must consider the effect of the
satellite dish on the visual amenity of nearby land.

PARTICULAR PROVISIONS - CLAUSE 52.04 PAGE 1 OF 1


52.05 ADVERTISING SIGNS
15/09/2008
VC49
Purpose

To regulate the display of signs and associated structures.


To provide for signs that are compatible with the amenity and visual appearance of an area,
including the existing or desired future character.
To ensure signs do not contribute to excessive visual clutter or visual disorder.
To ensure that signs do not cause loss of amenity or adversely affect the natural or built
environment or the safety, appearance or efficiency of a road.

52.05-1 Requirements
15/09/2008
VC49
Advertising categories

Clauses 52.05-7 to 52.05-10 specify categories of advertising control. The zone provisions
specify which category of advertising control applies to the zone.
A sign in Section 1 of the category may be displayed without a permit, but a condition
opposite the sign must be met. If the condition is not met, the sign requires a permit unless
specifically included in Section 3 as a sign that does not meet the Section 1 condition.
A sign in Section 2 may be displayed only with a permit and a condition opposite the sign
must be met. If the condition is not met, the sign is prohibited.
A sign in Section 3 is prohibited and must not be displayed.
Some overlays require a permit for Section 1 signs.
If a sign can be interpreted in more than one way, the most restrictive requirement must be
met.

Referral of an application for permit

An application to display an animated or electronic sign within 60 metres of a freeway or


arterial road declared under the Road Management Act 2004 must be referred in accordance
with Section 55 of the Planning and Environment Act 1987 to the referral authority
specified in Clause 66.03 or a schedule to that clause.

Expiry of permit

A permit for a sign other than a major promotion sign expires on the date specified in the
permit. If no date is specified, the expiry date is 15 years from the date of issue of the
permit.

52.02-2 Application requirements


15/09/2008
VC49
An application to display an advertising sign must be accompanied by the following
information, as appropriate:

 A site context report, using a site plan, photographs or other methods to accurately
describe:
 The location of the proposed sign on the site or building and distance from property
boundaries.
 The location and size of existing signage on the site including details of any signs to
be retained or removed.
 The location and form of existing signage on abutting properties and in the locality.

PARTICULAR PROVISIONS - CLAUSE 52.05 PAGE 1 OF 9


 The location of closest traffic control signs.
 Identification of any view lines or vistas that could be affected by the proposed sign.
 The dimensions, height above ground level and extent of projection of the proposed
sign.
 The height, width, depth of the total sign structure including method of support and any
associated structures such as safety devices and service platforms.
 Details of associated on-site works.
 Details of any form of illumination including details of baffles and the times at which the
sign would be illuminated.
 The colour, lettering style and materials of the proposed sign.
 The size of the display (total advertising area including all sides of a multi-sided sign).
 The location of any corporate logo box and proportion of display area occupied by such
a logo box.
 For animated or electronic signs, a report addressing the decision guidelines at Clause
52.05-3 relating to road safety.
 Any landscaping details.
 For any sign over 18 square metres in area:
 A description of the existing character of the area including built form and
landscapes.
 The location of any other signs over 18 square metres, or scrolling, electronic or
animated signs within 200 metres of the site.
 Any existing identifiable advertising theme in the area.
 Photo montages or a streetscape perspective of the proposed sign.
 Level of illumination including:
- lux levels for any sign on or within 60 metres of a Road Zone, residential zone,
public use zone or Business 5 zone;
- the dwell and change time for any non-static images.
 The relationship to any significant or prominent views and vistas.

52.05-3 Decision guidelines


15/09/2008
VC49
Before deciding on an application to display a sign, in addition to the decision guidelines in
Clause 65, the responsible authority must consider, as appropriate:

 The character of the area including:


 The sensitivity of the area in terms of the natural environment, heritage values,
waterways and open space, rural landscape or residential character.
 The compatibility of the proposed sign with the existing or desired future character
of the area in which it is proposed to be located.
 The cumulative impact of signs on the character of an area or route, including the
need to avoid visual disorder or clutter of signs.
 The consistency with any identifiable outdoor advertising theme in the area.
 Impacts on views and vistas:
 The potential to obscure or compromise important views from the public realm.

PARTICULAR PROVISIONS - CLAUSE 52.05 PAGE 2 OF 9


 The potential to dominate the skyline.
 The potential to impact on the quality of significant public views.
 The potential to impede views to existing signs.
 The relationship to the streetscape, setting or landscape:
 The proportion, scale and form of the proposed sign relative to the streetscape,
setting or landscape.
 The position of the sign, including the extent to which it protrudes above existing
buildings or landscape and natural elements.
 The ability to screen unsightly built or other elements.
 The ability to reduce the number of signs by rationalising or simplifying signs.
 The ability to include landscaping to reduce the visual impact of parts of the sign
structure.
 The relationship to the site and building:
 The scale and form of the sign relative to the scale, proportion and any other
significant characteristics of the host site and host building.
 The extent to which the sign displays innovation relative to the host site and host
building.
 The extent to which the sign requires the removal of vegetation or includes new
landscaping.
 The impact of structures associated with the sign:
 The extent to which associated structures integrate with the sign.
 The potential of associated structures to impact any important or significant features
of the building, site, streetscape, setting or landscape, views and vistas or area.
 The impact of any illumination:
 The impact of glare and illumination on the safety of pedestrians and vehicles.
 The impact of illumination on the amenity of nearby residents and the amenity of the
area.
 The potential to control illumination temporally or in terms of intensity.
 The impact of any logo box associated with the sign:
 The extent to which the logo box forms an integral part of the sign through its
position, lighting and any structures used to attach the logo box to the sign.
 The suitability of the size of the logo box in relation to its identification purpose and
the size of the sign.
 The need for identification and the opportunities for adequate identification on the site
or locality.
 The impact on road safety. A sign is a safety hazard if the sign:
 Obstructs a driver’s line of sight at an intersection, curve or point of egress from an
adjacent property.
 Obstructs a driver’s view of a traffic control device, or is likely to create a confusing
or dominating background which might reduce the clarity or effectiveness of a
traffic control device.
 Could dazzle or distract drivers due to its size, design or colouring, or it being
illuminated, reflective, animated or flashing.

PARTICULAR PROVISIONS - CLAUSE 52.05 PAGE 3 OF 9


 Is at a location where particular concentration is required, such as a high pedestrian
volume intersection.
 Is likely to be mistaken for a traffic control device, because it contains red, green or
yellow lighting, or has red circles, octagons, crosses, triangles or arrows.
 Requires close study from a moving or stationary vehicle in a location where the
vehicle would be unprotected from passing traffic.
 Invites drivers to turn where there is fast moving traffic or the sign is so close to the
turning point that there is no time to signal and turn safely.
 Is within 100 metres of a rural railway crossing.
 Has insufficient clearance from vehicles on the carriageway.
 Could mislead drivers or be mistaken as an instruction to drivers.

52.05-4 Signs not requiring a permit


15/09/2008
VC49
A permit is not required to display the following signs:

 A sign identifying the functions or property of a government department, public


authority or municipal council, but not a promotion sign displayed at the direction of any
of these bodies.
 A sign controlling traffic on a public road, railway, tramway, water or in the air,
provided it is displayed at the direction of a government department, public authority or
municipal council.
 A sign at a hospital that gives direction to emergency facilities.
 A sign in a road reserve which gives direction or guidance about a tourist attraction,
service or facility of interest to road users. The sign must be displayed to the satisfaction
of the road authority.
 A sign required by statute or regulation, provided it is strictly in accordance with the
requirement.
 A sign at a railway station for the information of people using the station.
 A sign on a showground, on a motor racing track or on a major sports and recreation
facility, provided the advertisement cannot be seen from nearby land.
 A sign with an advertisement area not exceeding 1 square metre to each premises that
provides information about a place of worship. It must not be an animated or internally-
illuminated sign.
 A sign inside a building that cannot generally be seen outside.
 A sign with an advertisement area not exceeding 2 square metres concerning
construction work on the land. Only one sign may be displayed, it must not be an
animated or internally-illuminated sign and it must be removed when the work is
completed.
 A sign with an advertisement area not exceeding 5 square metres publicising a local
educational, cultural, political, religious, social or recreational event not held for
commercial purposes. Only one sign may be displayed on the land, it must not be an
animated or internally-illuminated sign and it must not be displayed longer than 14 days
after the event is held or 3 months, whichever is sooner. A sign publicising a local
political event may include information about a candidate for an election.
 A sign publicising a special event on the land or in the building on which it is displayed,
provided no more than 8 signs are displayed in a calendar year and the total number of
days the signs are displayed does not exceed 28 in that calendar year. The sign must be
removed when the event is finished.

PARTICULAR PROVISIONS - CLAUSE 52.05 PAGE 4 OF 9


 A sign with an advertisement area not exceeding 2 square metres publicising the sale of
goods or livestock on the land or in the building on which it is displayed, provided the
land or building is not normally used for that purpose. Only one sign may be displayed,
it must not be an animated or internally-illuminated sign and it must not be displayed
longer than 3 months without a permit.
 A sign with an advertisement area not exceeding 10 square metres publicising the sale or
letting of the property on which it is displayed. Only one sign may be displayed, it must
not be an animated sign and it must not be displayed longer than 7 days after the sale
date. A permit may be granted for:
 The advertisement area to exceed 10 square metres if the sign concerns more than 20
lots.
 The sign to be displayed on land excised from the subdivision and transferred to the
municipal council.
 The sign to be displayed longer than 7 days after the sale date.
No permit is required to fly the Australian flag or to display the flag on a building, painted
or otherwise represented, provided it is correctly dimensioned and coloured in accordance
with the Flags Act 1953.

52.05-5 Existing signs


15/09/2008
VC49
A sign that was lawfully displayed on the approval date or that was being constructed on
that date may be displayed or continue to be displayed and may be repaired and maintained.
A lawfully displayed advertisement may be renewed or replaced. However, a permit is
required:

 To renew or replace the advertisement of an animated or internally-illuminated sign.


 If the advertisement area is to be increased.
 If the renewal or replacement would result in a different type of sign.
A sign that is reconstructed must meet the relevant advertising sign requirements.

52.05-6 Major promotion sign


15/09/2008
VC49

Purpose

To achieve high quality visual standards for the siting of major promotion signs.
To ensure that the signs are not detrimental to the appearance of their surroundings or the
safe and efficient operation of the route through the application of consistent planning
controls.

Exemption from notice and review

An application for a major promotion sign is exempt from the notice requirements of
Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the
review rights of Section 82 (1) of the Act provided the sign:

 Is to be displayed within an area listed in the schedule to this clause.


 Meets any condition listed in the schedule to this clause.

Permit requirement

A permit for a major promotion sign must include conditions that specify:

PARTICULAR PROVISIONS - CLAUSE 52.05 PAGE 5 OF 9


 That the sign must not:
 Dazzle or distract drivers due to its colouring.
 Be able to be mistaken for a traffic signal because it has, for example, red circles,
octagons, crosses or triangles.
 Be able to be mistaken as an instruction to drivers.
 An expiry date which is 15 years from the date the permit is issued unless otherwise
specified in this clause. This does not apply to a permit for major promotion sign for a
special event or temporary building shrouding.

Alternative expiry date condition

 A permit for a major promotion sign may specify an expiry date other than 15 years, but
the date must not be less than 10 years or more than 25 years from the date the permit is
issued. Before deciding to alter the specified expiry date of 15 years, the responsible
authority must consider, as appropriate:
 The purpose of the sign.
 The existing or desired character of the area.
 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies in terms of
the extent to which the proposed sign is consistent with any relevant policy direction
and the extent to which the area may be expected to change over time.
 The extent to which the signage is physically and visually integrated into the
architecture of the building.
A major promotion sign displayed in accordance with a permit granted between 19
September 1995, and 18 September 1997, may continue to be displayed:

 until 31 December 2008, or


 where a permit application seeking permission to display the sign is lodged before 31
December 2008, until the permit application is finally determined.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 52.05-2


and Clause 65, the responsible authority must consider, as appropriate:

 The effect of the proposed major promotion sign on:


 Significant streetscapes, buildings and skylines.
 The visual appearance of a significant view corridor, viewline, gateway location or
landmark site identified in a framework plan or local policy.
 Residential areas and heritage places.
 Open space and waterways.
When determining the effect of a proposed major promotion sign, the following locational
principles must be taken into account:

 Major promotion signs are encouraged in commercial and industrial locations in a


manner which complements or enhances the character of the area.
 Major promotion signs are discouraged along forest and tourist roads, scenic routes or
landscaped sections of freeways.
 Major promotion signs are discouraged within open space reserves or corridors and
around waterways.

PARTICULAR PROVISIONS - CLAUSE 52.05 PAGE 6 OF 9


 Major promotion signs are discouraged where they will form a dominant visual element
from residential areas, within a heritage place or where they will obstruct significant
viewlines.
 In areas with a strong built form character, major promotion signs are encouraged only
where they are not a dominant element in the streetscape and except for transparent
feature signs (such as neon signs), are discouraged from being erected on the roof of a
building.

52.05-7 Category 1 - Business areas


15/09/2008
VC49
Minimum limitation

Purpose

To provide for identification and promotion signs and signs that add vitality and colour to
business areas.
Section 1 - Permit not required
SIGN CONDITION

Bed and breakfast sign The total advertisement area of all signs to each premises must
Business identification not exceed 8 sq m. This does not include a sign with an
sign advertisement area not exceeding 1.5 sq m that is below a
Home occupation sign verandah or, if no verandah, that is less than 3.7 m above
Promotion sign pavement level.

Direction sign

Internally-illuminated The total advertisement area to each premises must not exceed
sign 1.5 sq m.

No part of the sign may be above a verandah or, if no verandah,


more than 3.7 m above pavement level.

The sign must be more than 30 m from a residential zone or


pedestrian or traffic lights.

Section 2 - Permit required


SIGN CONDITION

Any sign not in


Section 1

Section 3 - Prohibited
SIGN CONDITION

Nil

52.05-8 Category 2 - Office and industrial


15/09/2008
VC49
Low limitation

Purpose

To provide for adequate identification signs and signs that are appropriate to office and
industrial areas.
Section 1 - Permit not required

PARTICULAR PROVISIONS - CLAUSE 52.05 PAGE 7 OF 9


SIGN CONDITION

Bed and breakfast sign The total advertisement area of all signs to each premises must
Business identification not exceed 8 sq m. This does not include a direction sign.
sign
Home occupation sign
Pole sign

Direction sign Only one to each premises.

Internally-illuminated The advertisement area must not exceed 1.5 sq m. The sign
sign must be more than 30 m from a residential zone or pedestrian or
traffic lights.

Section 2 - Permit required


SIGN CONDITION

Any sign not in


Section 1

Section 3 - Prohibited
SIGN CONDITION

Nil

52.05-9 Category 3 - High amenity areas


15/09/2008
VC49
Medium limitation

Purpose

To ensure that signs in high-amenity areas are orderly, of good design and do not detract
from the appearance of the building on which a sign is displayed or the surrounding area.
Section 1 - Permit not required
SIGN CONDITION

Bed and breakfast sign Only one to each premises.


Home occupation sign The advertisement area must not exceed 0.2 sq m.

Direction sign

Section 2 - Permit required


SIGN CONDITION

Above-verandah sign
Business identification
sign
Floodlit sign
High-wall sign Must be a business logo or street number.
Internally-illuminated
sign
Pole sign

Promotion sign The advertisement area must not exceed 2 sq m.

Reflective sign

PARTICULAR PROVISIONS - CLAUSE 52.05 PAGE 8 OF 9


Section 3 - Prohibited
SIGN CONDITION

Any sign not in Sections


1 or 2

52.05-10 Category 4 - Sensitive areas


15/09/2008
VC49
Maximum limitation

Purpose

To provide for unobtrusive signs in areas requiring strong amenity control.


Section 1 - Permit not required
SIGN CONDITION

Bed and breakfast sign Only one to each premises.


Home occupation sign The advertisement area must not exceed 0.2 sq m.

Direction sign

Section 2 - Permit required


SIGN CONDITION

Business identification The total advertisement area to each premises must not exceed
sign 3 sq m.

Floodlit sign

Section 3 - Prohibited
SIGN CONDITION

Any sign not in Sections


1 or 2

PARTICULAR PROVISIONS - CLAUSE 52.05 PAGE 9 OF 9


52.06 CAR PARKING
15/09/2008
VC49

Purpose

To ensure that car parking facilities are provided in accordance with:

 The State Planning Policy Framework and the Local Planning Policy Framework
including the Municipal Strategic Statement and local planning policies.
 Any parking precinct plan.
To provide the opportunity to use parking precinct plans in appropriate locations.
To promote the efficient use of car spaces through the consolidation of car parking
facilities.
To ensure the provision of an appropriate number of car spaces having regard to the
activities on the land and the nature of the locality.
To ensure that the design and location of car parking areas:

 Does not adversely affect the amenity of the locality, in particular the amenity of
pedestrians and other road users.
 Achieves a high standard of urban design.
 Creates a safe environment for users, particularly at night.
 Enables easy and efficient use.
 Protects the role and function of nearby roads.
 Facilitates the use of public transport and the movement and delivery of goods.

52.06-1 Car spaces


19/01/2006
VC37

Provision of car spaces

A new use must not commence or the floor area of an existing use must not be increased
until the required car spaces have been provided on the land.
Where the floor area occupied by an existing use is increased, the parking requirement only
applies to the floor area of any extension of the use or site area provided the existing
number of car spaces is not reduced.

Number of car spaces required

The table at Clause 52.06-5 sets out the number of car spaces required for uses not covered
by a parking precinct plan or another clause. The requirement for car spaces for a use listed
in column 1 of the table is the product of columns 2 and 3 of the table.
A permit may be granted to reduce or to waive the number of car spaces required by the
table.
Where a use is not specified in the table at Clause 52.06-5, an adequate number of car
spaces must be provided to the satisfaction of the responsible authority.
These requirements do not apply if there is a parking requirement for the particular use
under another clause or in a parking precinct plan.

PARTICULAR PROVISIONS - CLAUSE 52.06 PAGE 1 OF 6


Decision guidelines

Before a requirement for car spaces is reduced or waived, the applicant must satisfy the
responsible authority that the reduced provision is justified due to:

 Any relevant parking precinct plan.


 The availability of car parking in the locality.
 The availability of public transport in the locality.
 Any reduction in car parking demand due to the sharing of car spaces by multiple uses,
either because of variation of car parking demand over time or because of efficiencies
gained from the consolidation of shared car parking spaces.
 Any car parking deficiency or surplus associated with the existing use of the land.
 Any credit which should be allowed for a car parking demand deemed to have been
provided in association with a use which existed before the change of parking
requirement.
 Local traffic management.
 Local amenity including pedestrian amenity.
 An empirical assessment of car parking demand.
 Any other relevant consideration.

52.06-2 Design and construction


19/01/2006
VC37

Car parking plan

Before any use commences or any building or works associated with that use or an existing
use is constructed, a plan must be prepared to the satisfaction of the responsible authority
showing all required car spaces, access lanes, driveways and associated works and
landscaping.

Provision before commencement

Before any use commences or any new building is occupied, the car spaces, access lanes,
driveways and associated works and landscaping shown on the plan must, to the satisfaction
of the responsible authority, be provided and available for use and be:

 Formed to such levels and drained so that they can be used in accordance with the plan.
 Treated with an all-weather seal or some other durable surface.
 Line-marked or provided with some other adequate means of showing the car spaces.

Decision guidelines

Before deciding that any plan is satisfactory, in addition to the decision guidelines in Clause
65, the responsible authority must consider:

 Any relevant parking precinct plan.


 Whether the layout of car spaces and access lanes are consistent with Clause 52.06-5 or
a variation generally in accordance with Australian Standard AS2890.1 - 1993, Parking
facilities, Part 1: Off-street car parking.
 The protection and enhancement of the streetscape.

PARTICULAR PROVISIONS - CLAUSE 52.06 PAGE 2 OF 6


 The provision of landscaping for screening and shade.
 The design and construction standards proposed for paving, drainage, line marking,
signage, lighting and other relevant matters.
 The provision for pedestrian movement within and around the parking area.
 The measures proposed to enhance the security of people using the parking area.
 The provision of parking facilities for cyclists and disabled people.
 The type and size of vehicle likely to use the parking area.
 The ease and safety with which vehicles gain access to the site and circulate within the
parking area.
 The need for the required car spaces to adjoin the premises used by each occupier, if the
land is occupied by more than one occupier.

52.06-3 Design of car spaces and accessways


19/01/2006
VC37

Design requirements

Accessways should:

 Be at least 3 metres wide.


 Have an internal radius of at least 4 metres at changes of direction or intersections or be
wider than 4.2 metres.
 Provide a turning space so that cars can exit the site in a forward direction if the
accessway serves four or more car spaces or connects to a road in a Road Zone.
 Provide a passing area at the entrance at least 5 metres wide and 7 metres long if the
accessway serves ten or more spaces and is either more than 50 metres long or connects
to a road in a Road Zone.
Car spaces and accessways should have the following minimum dimensions:

Angle of car spaces to Accessway width Car park width Car park length
accessway

Parallel 3.6 m 2.3 m 6.7 m

45° 3.5 m 2.6 m 4.9 m

60° 4.9 m 2.6 m 4.9 m

90° 6.4 m 2.6 m 4.9 m

5.8 m 2.8 m 4.9 m

5.2 m 3.0 m 4.9 m

4.8 m 3.2 m 4.9 m

A building may project into the space if it is at least 2.1 metres above the space.
If entry to the car space is from a road, the width of the accessway may include the road.
If an accessway to 4 or more car spaces is from land in a Road Zone, the access to the car
spaces must be at least 6 metres from the frontage.

PARTICULAR PROVISIONS - CLAUSE 52.06 PAGE 3 OF 6


Variation of requirement

A permit may be granted to vary any dimension or requirement of this clause. Before
deciding on an application, the responsible authority must consider:

 Whether the dimensions and layout of car spaces and access lanes are generally in
accordance with Australian Standard AS2890.1 - 1993, Parking facilities, Part 1: Off-
street car parking.
 Any relevant parking precinct plan.

52.06-4 Dwellings and residential buildings


15/09/2008
VC49
The requirements of Clauses 52.06 do not apply to an application to construct or extend a
dwelling or a residential building under any provision of this scheme if the land is in the
Residential 1 Zone, Residential 2 Zone, Residential 3 Zone, Mixed Use Zone or Township
Zone unless the development is four or more storeys, excluding a basement.

52.06-5 Car parking table


19/01/2006
VC37
USE CAR SPACE MEASURE RATE

Residential building, other than Car spaces to each lodging room 1


specified in this table

Caretaker’s house Car spaces to each dwelling 1

Dwelling, other than Caretaker’s Car spaces to each dwelling 2


house if at least 2 on a lot

Shop other than specified in this table Car spaces to each 100 sq m of 8
leasable floor area

Betting agency Car spaces to each 100 sq m of 8


Market net floor area

Restaurant Car spaces to each seat available 0.6


to the public

Office other than specified in this Car spaces to each 100 sq m of 3.5
table net floor area
Postal agency
Hotel or Tavern Car spaces to each 100 sq m of 60
bar floor area available to the
public, plus

Car spaces to each 100 sq m of 30


lounge floor area available to the
public

Motel Car spaces to each unit, plus 1

Car spaces to each resident 1


employee, plus

Car spaces to each 100 sq m of 2


motel service floor area not
available for use by guests
Industry other than specified in this Car spaces to each 100 sq m of 2.9
table net floor area
Mail centre

PARTICULAR PROVISIONS - CLAUSE 52.06 PAGE 4 OF 6


USE CAR SPACE MEASURE RATE

Materials recycling Percentage of site area to be set 10


Fuel depot aside for car spaces and access
Milk depot lanes, but not driveways
Motor repairs
Plant nursery Percentage of site area to be set 10
Saleyard aside for car spaces and access
Store other than specified in this table lanes, but not driveways
Timber yard
Utility installation
Freezing and cool storage Car spaces to each 100 sq m of 1.5
Warehouse other than specified in this net floor area
table

Display home Car spaces to each dwelling for 5


five or fewer contiguous dwellings,
plus

Car spaces to each additional 2


contiguous dwelling

Medical centre Car spaces to each practitioner 5


Veterinary centre

Hospital Car spaces to each bed available 1.3


for use by patients

Place of assembly Car spaces to each seat or to 0.3


Funeral parlour each sq m of net floor area,
whichever is greater
Golf course Car spaces to each hole 4
Bowling green Car spaces to each rink 6
Squash court other than in Car spaces to each court 3
conjunction with a dwelling

Swimming pool other than in Car spaces to each 100 sq m of 5.6


conjunction with a dwelling site
Tennis court other than in conjunction Car spaces to each court 4
with a dwelling

Primary school Car spaces to each employee 1


Secondary school Car spaces to each employee 1.2

Tertiary institution Car spaces to each full-time 0.6


student and three part-time
students

Convenience shop if the leasable floor Car spaces to each premises 10


area exceeds 80 sq m

52.06-6 Parking precinct plan


19/01/2006
VC37
A parking precinct plan is a strategic plan relating to parking of cars and other vehicles
within a defined area which is incorporated into this scheme and listed in the schedule to
this clause. A parking precinct plan may form part of a more general land use or other
strategic plan or policy.

PARTICULAR PROVISIONS - CLAUSE 52.06 PAGE 5 OF 6


A parking precinct plan may specify different requirements to those set out in the table at
Clause 52.06-5.
The parking precinct plan must include the following information:

 The purpose of the plan.


 The area to which the plan applies.
 The parking outcomes to be achieved by the parking precinct plan.
 An assessment of car parking demand and supply in the precinct.
 Any locational, financial, landscape or other actions or requirements necessary to
implement the parking precinct plan.

PARTICULAR PROVISIONS - CLAUSE 52.06 PAGE 6 OF 6


52.07 LOADING AND UNLOADING OF VEHICLES
19/01/2006
VC37
Purpose

To set aside land for loading and unloading commercial vehicles to prevent loss of amenity
and adverse effect on traffic flow and road safety.

Requirements to be met

No building or works may be constructed for the manufacture, servicing, storage or sale of
goods or materials unless:

ƒ Space is provided on the land for loading and unloading vehicles as specified in the
table below.
ƒ The driveway to the loading bay is at least 3.6 metres wide. If a driveway changes
direction or intersects another driveway, the internal radius at the change of direction or
intersection must be at least 6 metres.
ƒ The road that provides access to the loading bay is at least 3.6 metres wide.

A permit may be granted to reduce or waive these requirements if either:

ƒ The land area is insufficient.


ƒ Adequate provision is made for loading and unloading vehicles to the satisfaction of the
responsible authority.

FLOOR AREA OF BUILDING MINIMUM LOADING BAY DIMENSIONS

2,600 sq m or less in single occupation Area 27.4 sq m


Length 7.6 m
Width 3.6 m
Height clearance 4.0 m

For every additional 1,800 sq m or part Additional 18 sq m

PARTICULAR PROVISIONS - CLAUSE 52.07 PAGE 1 OF 1


52.08 EARTH RESOURCE EXPLORATION AND DEVELOPMENT
18/06/2010
VC62

Purpose

To allow land to be used and developed for mineral exploration, geothermal energy
exploration and greenhouse gas sequestration exploration without the need for a permit.
To ensure that mining, geothermal energy extraction and greenhouse gas sequestration are
not prohibited land uses.
To allow land to be used and developed for mining, geothermal energy extraction and
greenhouse gas sequestration either subject to a permit (except in those areas where a
permit is not required) or subject to the preparation of an environmental effects statement
under the Environment Effects Act 1978.
To ensure that mining, geothermal energy extraction and greenhouse gas sequestration are
carried out in accordance with acceptable environmental standards.

52.08-1 Mineral exploration


17/09/2007
VC45
Land may be used or developed for mineral exploration carried out under a licence issued
under the Mineral Resources (Sustainable Development) Act 1990, without the need for a
permit.

52.08-2 Mining
17/09/2007
VC45

Permit requirement

A permit is required to use or develop land for mining.


This does not apply if either:
 An environment effects statement has been prepared under the Environment Effects Act
1978 and mining is exempt from the requirement to obtain a permit under Section 42 or
Section 42A of the Mineral Resources (Sustainable Development) Act 1990.
 The mining is in accordance with and within an area covered by a mining licence
granted or Order made by the Governor in Council under Section 47A of the Electricity
Industry Act 1993.

52.08-3 Geothermal Energy Exploration


09/10/2006
VC42
Land may be used or developed for geothermal energy exploration carried out under a
permit granted under the Geothermal Energy Resources Act 2005, without the need for a
permit.

52.08-4 Geothermal Energy Extraction


09/10/2006
VC42

Permit requirement

A permit is required to use or develop land for geothermal energy extraction.


This does not apply if an environment effects statement has been prepared under the
Environment Effects Act 1978 and geothermal energy extraction is exempt from the
requirement to obtain a permit under Section 62 of the Geothermal Energy Resources Act
2005.

PARTICULAR PROVISIONS - CLAUSE 52.08 PAGE 1 OF 2


52.08-5 Greenhouse Gas Sequestration Exploration
18/06/2010
VC62 Land may be used or developed for greenhouse gas sequestration exploration carried out
under a permit granted under the Greenhouse Gas Geological Sequestration Act 2008,
without the need for a permit.

52.08-6 Greenhouse Gas Sequestration


18/06/2010
VC62 A permit is required to use or develop land for greenhouse gas sequestration.
This does not apply if an environmental effects statement has been prepared under the
Environmental Effects Act 1978 and greenhouse gas sequestration is exempt from the
requirement to obtain a permit under Section 191 of the Geological Sequestration Act 2008.

PARTICULAR PROVISIONS - CLAUSE 52.08 PAGE 2 OF 2


52.09 EXTRACTIVE INDUSTRY AND EXTRACTIVE INDUSTRY INTEREST AREAS
17/09/2007
VC45
Purpose

To ensure that use and development of land for extractive industry does not adversely
affect the environment or amenity of the area during or after extraction.
To ensure that excavated areas can be appropriately rehabilitated.
To ensure that sand and stone resources, which may be required by the community for
future use, are protected from inappropriate development.

52.09-1 Application
19/01/2006
VC37
These provisions apply to:

ƒ The use and development of land for extractive industry.


ƒ The use and development of land within a designated extractive industry interest area.
ƒ The use and development of land within 500 metres of an extractive industry.

52.09-2 Requirements
19/01/2006
VC37

Cessation of use

Permits for extractive industry must not include conditions which require the use to cease
by a specified date unless either:

ƒ The subject land is situated in or adjoins land which is being developed or is proposed
to be developed for urban purposes.
ƒ Such condition is suggested by the applicant.

Boundary setback

Except with a permit, no alteration may be made to the natural condition or topography of
the land within 20 metres of the boundary of the land. This does not apply to driveways,
drains, bund walls or landscaping.

Screen planting

Shrubs and trees must be planted and maintained to screen activity on the site to the
satisfaction of the responsible authority.

Parking areas

Parking areas must be provided for employees’ cars and all vehicles used on the site to the
satisfaction of the responsible authority.

52.09-3 Decision guidelines


17/09/2007
VC45
Before deciding on an application, in addition to the decision guidelines in Clause 65,
responsible authority must consider, as appropriate:

ƒ The effect of the proposed extractive industry on any native flora and fauna on and near
the land.

PARTICULAR PROVISIONS - CLAUSE 52.09 PAGE 1 OF 2


ƒ The impact of the extractive industry operations on sites of cultural and historic
significance, including any effects on Aboriginal places.
ƒ The effect of the extractive industry operation on the natural and cultural landscape of
the surrounding land and the locality generally.
ƒ The ability of the extractive industry operation to contain any resultant industrial
emissions within the boundaries of the subject land in accordance with the Regulations
associated with the Extractive Industries Development Act 1995 and other relevant
regulations.
ƒ The effect of vehicular traffic, noise, blasting, dust and vibration on the amenity of the
surrounding area.
ƒ The ability to rehabilitate the affected land to a form or for a use which is compatible
with the natural systems or visual appearance of the surrounding area.
ƒ The ability to rehabilitate the land so it can be used for a purpose or purposes beneficial
to the community.
ƒ The effect of the proposed extractive industry on groundwater and quality and the
impact on any affected water uses.
ƒ The impact of the proposed extractive industry on surface drainage and surface water
quality.
ƒ Any proposed provisions, conditions or requirements in a ‘Work Authority’ to be
issued under the Extractive Industries Development Act 1995.

52.09-4 Notice of an application


19/01/2006
VC37
Notice of the kinds of application listed below must be given under Section 52(1)(c) of the
Act to the person or body specified as a person or body to be notified in Clause 66.05:

ƒ An application to use or subdivide land or construct a building for Accommodation,


Child care centre, Education centre or Hospital:
‚ Within an Extractive Industry Interest Area.
‚ On land which is within 500 metres of land on which a work authority has been
applied for or granted under the Extractive Industries Development Act 1995.
ƒ An application which to construct a building or construct or carry out works on land for
which a work authority has been applied for or granted under the Extractive Industries
Development Act 1995.
These requirements do not apply to an extension to buildings or works.

PARTICULAR PROVISIONS - CLAUSE 52.09 PAGE 2 OF 2


52.10 USES WITH ADVERSE AMENITY POTENTIAL
19/01/2006
VC37
Purpose

To define those types of industries and warehouses which if not appropriately designed and
located may cause offence or unacceptable risk to the neighbourhood.

Definition

The threshold distance referred to in the table to this clause is the minimum distance from
any part of the land of the proposed use or buildings and works to land (not a road) in a
residential zone, Business 5 Zone, Capital City Zone or Docklands Zone, land used for a
hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a
hospital or an education centre.
NOTE 1 of the table: The threshold distance is variable, dependent on the processes to be
used and the materials to be processed or stored.
NOTE 2 of the table: An assessment of risk to the safety of people located off the land may
be required.

Table to Clause 52.10


TYPE OF PRODUCTION, USE OR STORAGE THRESHOLD NOTES
(PURPOSE) DISTANCE (METRES)

Food, Beverages & Tobacco

Abattoir: 500

Smallgoods production 100

Manufacture of milk products: 300

Production of vegetable oils and fats using solvents: 300

Flour mill: 300

Bakery (other than one ancillary to a shop): 100

Seafood processor: 500

Maltworks: 300

Tobacco and cigarette production: 500

Poultry processing works 100

Freezing and cool storage 150

Milk depot 100

Food or beverage production other than above: Note 1

Textiles

Dyeing or finishing of cotton, linen and woollen yarns 300


and textiles:

Carpet backing with latex: 300

PARTICULAR PROVISIONS - CLAUSE 52.10 PAGE 1 OF 4


TYPE OF PRODUCTION, USE OR STORAGE THRESHOLD NOTES
(PURPOSE) DISTANCE (METRES)

Production of artificial fibres & textiles:


• cellulose nitrate or viscose fibre, cellophane or 1,000 Note 2
artificial rubber
• other synthetic fibres and textiles 500 Note 2

Treatment or production of textiles:


• using carbon disulphide 500 Note 2
• using other substances Note 1

Rope, cordage and twine production: 100

Wool scouring: 200

Wood, Wood Products & Furniture

Sawmill: 500

Charcoal production:
• by the retort process 500
• other than by the retort process 1,000

Wood preservation plant: 100

Wood-fibre or wood-chip products: 1,500

Joinery: 100

Paper & Paper Products:

Paper or paper pulp production:


• involving combustion of sulphur or sulphur 5,000 Note 2
containing materials
• from semi-processed materials 100
• from prepared cellulose & rags 200
• by other methods than above Note 1

Chemical, Petroleum & Coal Products

Chemical Fertiliser production: 1,000 Note 2

Industrial gases production: 1,000 Note 2

Polyester resins production 1,000 Note 2

Synthetic resins & rubber production other than 1,000 Note 2


above:

Ammunition, explosives and fireworks production: 1,000 Note 2

Formaldehyde production: 300 Note 2

Paints and inks :


• manufacture 1,000 Note 2
• blending and mixing only 300

Pharmaceutical and veterinary production: 1,000

Biocides production and storage: 1,000

Soap and other detergents production: 300

Cosmetics and toilet preparations production: 100

Inks production: 300

PARTICULAR PROVISIONS - CLAUSE 52.10 PAGE 2 OF 4


TYPE OF PRODUCTION, USE OR STORAGE THRESHOLD NOTES
(PURPOSE) DISTANCE (METRES)

Petroleum refinery: 2,000 Note 2

Briquette production: 300

Other petroleum or coal production: 500 Note 2

Organic industrial chemicals production other than 1,000 Note 2


above:

Inorganic industrial chemicals production other than 1,000 Note 2


above:

Chemical products other than above: 300 Note 2

Non-metallic Mineral Products

Glass and glass production including glass wool: 500

Rock wool manufacture: 500

Clay bricks, tiles and pipe refractories, with a design 200


production rate exceeding 10,000 tonnes a year:

Cement production in amounts:


• up to 5,000 tonnes a year 300
• between 5,000 & 150,000 tonnes a year 500
• exceeding 150,000 tonnes a year 1,000

Concrete batching plant: 300

Bitumen batching plant: 500

Concrete article or stone article production: 100

Plaster or plaster articles production: 100

Basic Metal Products

Works producing iron or steel products in amounts:


• up to 1,000,000 tonnes a year 100
• exceeding 1,000,000 tonnes a year 1,000

Production of non-ferrous metals as:


• aluminium by electrolysis 2,000
• other non-ferrous metals in amounts:
. up to 100 tonnes a year 100
. between 100 & 2,000 tonnes a year 300
. exceeding 2,000 tonnes a year 500

Fabricated Metal Products

Structural or sheet metal production: 500

Works producing iron or steel products in amounts:


• up to 1,000,000 tonnes per year 100
• exceeding 1,000,000 tonnes per year 1,000

Boiler makers 100

Abrasive blast cleaning: Note 1

Miscellaneous Manufacturing

Rendering and casings works: 1,000

PARTICULAR PROVISIONS - CLAUSE 52.10 PAGE 3 OF 4


TYPE OF PRODUCTION, USE OR STORAGE THRESHOLD NOTES
(PURPOSE) DISTANCE (METRES)

Leather tanning and dressing: 300

Leather and artificial leather goods production: 300

Rubber production, using either organic solvents or 300 Note 2


carbon black:

Fibreglass production: 200

Printing and coating works with heated curing ovens: 500

Transport and Storage

Storage of petroleum products and crude oil in tanks


exceeding 2,000 tonnes capacity: Note 2
• with fixed roofs 300
• with floating roofs 100

Grain elevators: 300

Storage of wet-salted or unprocessed hides: 300

Storage of bulk volatile organic compounds in


quantities greater than 1,000 tonnes: 1,000 Note 2
Sanitary and garbage disposal in:
• Landfill Note 1
• Recycling and composting centre 200

Sanitary and garbage storage and treatment in 300


transfer station

Depot for refuse collection vehicles 100

Temporary storage of industrial wastes: 300 Note 2

Treatment of aqueous waste: 200 Note 2

Treatment of organic waste: 500 Note 2

Waste incinerator for:


• Woodwaste 300
• Plastic or rubber waste 500 Note 2
• Chemical, biomedical or organic waste Notes 1,
2

Recreation, Personal & Other Services

Industrial dry cleaning: 100 Note 2

Industrial laundry: 100

Other Premises

Panel beating: 100

Composting: Note 1

Rural industry handling, processing or packing 300


agricultural produce:

PARTICULAR PROVISIONS - CLAUSE 52.10 PAGE 4 OF 4


52.11 HOME OCCUPATION
19/01/2006
VC37
Purpose

To ensure that the amenity of the neighbourhood is not adversely affected by an occupation
conducted in or from a dwelling.

52.11-1 Requirements to be met


19/01/2006
VC37
A home occupation must meet the following requirements:

ƒ The person conducting the home occupation must use the dwelling as their principal
place of residence.
ƒ No more than one person who does not live in the dwelling may work in the
occupation.
ƒ The gross floor area used in conducting the occupation including the storage of any
materials or goods must not exceed 50 square metres or one-third of the gross floor area
of the dwelling, whichever is the lesser.
ƒ The occupation must not impose a load on any utility greater than normally required for
domestic use.
ƒ The occupation must not adversely affect the amenity of the neighbourhood in any way
including:
ƒ The appearance of any building, works or materials used.
ƒ The parking of motor vehicles.
ƒ The transporting of materials or goods to or from the dwelling.
ƒ The hours of operation.
ƒ Electrical interference.
ƒ The storage of chemicals, gasses or other hazardous materials.
ƒ Emissions from the site.
ƒ No motor vehicle may be serviced or repaired for gain.
ƒ Only one commercial vehicle (a commercial goods vehicle, commercial passenger
vehicle or tow truck within the meaning of the Transport Act 1983), not exceeding 2
tonnes capacity and with or without a trailer registered to a resident of the dwelling may
be present at any time. The vehicle must not be fuelled or repaired on the site.
ƒ No goods other than goods manufactured or serviced in the home occupation may be
offered for sale.
ƒ Materials used or goods manufactured, serviced or repaired in the home occupation
must be stored within a building.
ƒ No goods manufactured, serviced or repaired may be displayed so that they are visible
from outside the site.

52.11-2 Permit required


19/01/2006
VC37
Despite the requirements of Clause 52.11-1, a permit may be granted for a home
occupation:

ƒ Which allows no more than two persons who do not live in the dwelling to work in the
occupation; or

PARTICULAR PROVISIONS - CLAUSE 52.11 PAGE 1 OF 2


ƒ Which has a floor area not exceeding 100 square metres or one-third of the gross floor
area of the dwelling, whichever is the lesser.
ƒ Which allows no more than one additional commercial vehicle (a commercial goods
vehicle, commercial passenger vehicle or tow truck within the meaning of the Transport
Act 1983), not exceeding two tonnes capacity and with or without a trailer registered to
a resident of the dwelling, to be present at any time.

Decision Guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ Whether there is a need for additional parking or loading facilities.


ƒ The effect of any vehicle parking, storage or washing facilities on the amenity and
character of the street.
ƒ Whether the site is suitable for the particular home occupation and is compatible with
the surrounding use and development.
ƒ Whether there is a need for landscaping to screen any outbuildings or car parking or
loading areas or any other area relating to the home occupation.

PARTICULAR PROVISIONS - CLAUSE 52.11 PAGE 2 OF 2


52.12 SERVICE STATION
19/01/2006
VC37

Purpose

To ensure that amenity, site layout and design are considered when land is to be used for a
service station, especially if the site adjoins a residential zone.
To ensure that use of land for a service station does not impair traffic flow or road safety.

52.12-1 Requirements to be met


19/01/2006
VC37
Land may be used for a service station only if the following requirements are met. A permit
may be granted to vary the requirements, if the responsible authority considers a better
design solution will result.

Site area and dimensions

The site must be at least 1,080 square metres.


The frontage must be at least 36 metres (30 metres if the site is on a corner) and the depth
at least 30 metres.

Crossovers

No more than 2 vehicle crossovers may service the site from a road and at the road
alignment a crossover must be:

ƒ No wider than 7.7 metres.


ƒ At least 4.5 metres from another crossover on the site.
ƒ At least 4.5 metres from another road or if a splayed corner, at least 7.7 metres from the
splay.
ƒ At least 1.8 metres from a crossover on another property.

Kerb or barrier

Except at crossovers, a kerb or barrier must be built along the road alignment to prevent the
passage of vehicles.

Road setbacks

A wall of a building must be at least 9 metres from a road.


A canopy must be at least 2.5 metres from a road.
Petrol pumps, pump islands, water and air supply points and storage tank filling points
must be at least 3.6 metres from a road.
Petrol tankers must be wholly on the site when storage tanks are being filled.
Driveway space must be sufficient to enable a vehicle 13.8 metres by 2.5 metres to enter
and leave the site without reversing.
No vehicle may be serviced unless it is wholly on the site.

PARTICULAR PROVISIONS - CLAUSE 52.12 PAGE 1 OF 2


Discharge of waste

Waste from a vehicle wash area must drain into a public sewer or a settlement and oil
separation system. The system must comply with the Environment Protection Act 1970 and
be installed to the satisfaction of the responsible authority.

Amenity requirements

The amenity of the locality must not be adversely affected by activity on the site, the
appearance of any building, works or materials, emissions from the premises or in any
other way.

Trailers for hire

If trailers are for hire on the site:

ƒ The site must be at least 1,080 square metres.


ƒ All trailers must be wholly on the site and must not encroach on landscaping or car
parking areas or accessways.
ƒ On a corner site, a trailer higher than 1 metre must be parked at least 9 metres from the
corner.

Adjoining residential zone

If the site adjoins a residential zone:

ƒ A landscape buffer strip at least 3 metres wide along the common boundary must be
planted and maintained to the satisfaction of the responsible authority.
ƒ External lights must be directed away from the residential zone to prevent light spill and
glare.

PARTICULAR PROVISIONS - CLAUSE 52.12 PAGE 2 OF 2


52.13 CAR WASH
21/09/2009
VC60

Purpose

To ensure that amenity, site layout and design are considered when land is to be used for a
car wash, especially if the site adjoins a residential zone.
To ensure that use of land for a car wash does not impair traffic flow or road safety.

Requirements to be met

Land may be used for a car wash only if the following requirements are met. A permit may
be granted to vary the requirements, if the responsible authority considers the purposes of
this clause are satisfied.

Crossovers

No more than 2 vehicle crossovers may give access to the site from a road and at the road
alignment a crossover must be:

 No wider than 7.7 metres.


 At least 4.5 metres from another crossover on the site.
 At least 7.7 metres from another road or if a splayed corner, at least 7.7 metres from the
splay.
 At least 1.8 metres from a crossover on another property.

Kerb or barrier

Except at crossovers, a kerb or barrier must be built along the road alignment to prevent the
passage of vehicles.

Queuing lane

A queuing lane on the site must be able to accommodate at least 10 vehicles before entry to
a car wash.
If petrol is available for sale to vehicles queuing to be washed, the lane must be able to
accommodate at least 10 vehicles before the petrol-selling point.
The lane must be clearly shown on the ground and marked for use only by vehicles queuing
to be washed.
The area between the exit from a car wash and the nearest crossover must be able to
accommodate at least 2 vehicles in single file.

Discharge of waste

Waste from a vehicle wash area must drain into a public sewer or a settlement and oil
separation system. The system must comply with the Environment Protection Act 1970 and
be installed to the satisfaction of the responsible authority.

PARTICULAR PROVISIONS - CLAUSE 52.13 PAGE 1OF 2


Amenity requirements

The amenity of the locality must not be adversely affected by activity on the site, the
appearance of any building, works or materials, emissions from the premises or in any other
way.
No building or works may be of temporary or portable construction.

Adjoining residential zone

If the site adjoins a residential zone, a landscape buffer strip at least 3 metres wide along the
common boundary must be planted and maintained to the satisfaction of the responsible
authority.

PARTICULAR PROVISIONS - CLAUSE 52.13 PAGE 2OF 2


52.14 MOTOR VEHICLE, BOAT OR CARAVAN SALES
19/01/2006
VC37

Purpose

To ensure that amenity, site layout and design are considered when land is to be used for
motor vehicle, boat or caravan sales, especially if the site adjoins a residential zone.
To ensure that use of land for motor vehicle, boat or caravan sales does not impair traffic
flow or road safety.

Requirements to be met

Land may be used for motor vehicle, boat or caravan sales only if the following
requirements are met. A permit may be granted to vary the requirements.

ƒ No more than 2 vehicle crossovers may service the site from a road and at the road
alignment a crossover must be no wider than 9.2 metres.
ƒ Except at crossovers, a kerb or barrier must be built along the road alignment to prevent
the passage of vehicles and to prevent vehicles protruding beyond the site boundary.
ƒ Except where a kerb or barrier is installed, the area within 6 metres of the road must be
sealed to the satisfaction of the responsible authority.
ƒ No building other than an office with a floor area not exceeding 19 square metres and
toilet facilities may be built on the site.
ƒ The site must contain a concrete bay for washing vehicles and waste from the bay must
drain into a public sewer or a settlement and oil separation system. The system must
comply with the Environment Protection Act 1970 and be installed to the satisfaction of
the responsible authority.
ƒ Vehicles may be washed only in the washing bay.
ƒ Water from the site must be discharged by an underground pipe to an approved outlet to
the satisfaction of the responsible authority.
ƒ No vehicle for sale or hire may be displayed on an adjacent road.
ƒ No vehicle may be repaired on the site.
ƒ An area of at least 1 space to each 10 spaces or part must be set aside on the site for
customer and employee car parking and for valuing vehicles. The area must be clearly
marked by a sign reading `customer parking’ with the letters at least 50 millimetres
high.
ƒ On a car sales or hire site, the number of cars for sale or hire must not exceed 1 to each
30 square metres of site area.
ƒ If the site is more than one lot it must be consolidated into one title.
ƒ If the site adjoins a residential zone:
ƒ A landscape buffer strip at least 3 metres wide must be provided on the site along
the common boundary and planted and maintained to the satisfaction of the
responsible authority.
ƒ Except for the landscape buffer strip, all of the site not occupied by buildings must
be sealed to prevent dust.
ƒ External lights must be directed away from the residential zone to prevent light spill
and glare.

PARTICULAR PROVISIONS - CLAUSE 52.14 PAGE 1 OF 1


52.15 HELIPORT
19/01/2006
VC37
Purpose

To provide an opportunity to consider the effect of a heliport or helipad on the amenity of


surrounding areas.

Permit requirement

A permit is required to use or develop any land for a heliport or helipad even if it is
ancillary to another use on the land.

PARTICULAR PROVISIONS - CLAUSE 52.15 PAGE 1 OF 1


52.16 NATIVE VEGETATION PRECINCT PLAN
18/06/2010
VC62
Purpose

To protect and conserve native vegetation to reduce the impact of land and water
degradation and provide habitat for plants and animals.
To achieve the following objectives:
ƒ To avoid the removal of native vegetation.
ƒ If the removal of native vegetation cannot be avoided, to minimise the removal of native
vegetation through appropriate planning and design.
ƒ To appropriately offset the loss of native vegetation.
To provide for the protection, management and removal of native vegetation in accordance
with a native vegetation precinct plan.

52.16-1 Application
15/09/2008
VC49
This clause applies to land if a native vegetation precinct plan corresponding to that land is
incorporated into this scheme.

52.16-2 Native vegetation precinct plans


15/09/2008
VC49
A native vegetation precinct plan is a plan relating to native vegetation within a defined
area which is incorporated into this scheme and listed in the schedule to this clause.
A native vegetation precinct plan may form part of a more general strategic or precinct
structure plan.
A native vegetation precinct plan may require specified works to be provided or specified
payments to be made to offset the removal, destruction or lopping of native vegetation.
The native vegetation precinct plan must:
ƒ Specify the purpose of the plan.
ƒ Specify the area to which the plan applies.
ƒ Specify the native vegetation which can be removed, destroyed or lopped.
ƒ Specify the native vegetation to be protected.
ƒ Set out the conservation significance and status of the native vegetation to be protected,
and the vegetation protection objective to be achieved.
ƒ Set out the works, payments or other actions necessary to offset the removal, destruction
or lopping of native vegetation.
ƒ Relate the need for the works, payments or other actions to the proposed removal,
destruction or lopping of native vegetation in the area.
ƒ Provide for the procedures for the collection of any payments.
A native vegetation precinct plan may include any other information necessary to achieve
the purpose and effective implementation of the plan.

52.16-3 Permit requirement


15/09/2008
VC49
A permit is required to remove, destroy or lop any native vegetation, including dead native
vegetation. This does not apply:
ƒ If the removal, destruction or lopping of native vegetation is in accordance with a native
vegetation precinct plan incorporated into this scheme. Any conditions or requirements
specified in the plan must be met.
ƒ To the removal, destruction or lopping of native vegetation specified in the table to
Clause 52.16-4, unless a native vegetation precinct plan specifies otherwise.

PARTICULAR PROVISIONS - CLAUSE 52.16 PAGE 1 OF 5


52.16-4 Table of exemptions
18/06/2010
VC62
No permit is required to remove, destroy or lop native vegetation to the minimum
extent necessary if any of the following apply:

Regrowth ƒ The native vegetation is regrowth which has naturally


established or regenerated on land lawfully cleared of naturally
established vegetation and is within the boundary of a timber
production plantation, as indicated on a Plantation
Development Notice or other documented record, and has
established after the plantation.
This exemption does not apply to land on which native
vegetation has been cleared or otherwise destroyed or
damaged as a result of flood, fire or other natural disaster.

Bracken ƒ The native vegetation is bracken (Pteridium esculentum) which


has naturally established or regenerated on land lawfully
cleared of naturally established vegetation.
This exemption does not apply to land on which native
vegetation has been cleared or otherwise destroyed or
damaged as a result of flood, fire or other natural disaster.

Pest animal ƒ The native vegetation is to be removed, destroyed or lopped to


burrows enable the removal of pest animal burrows in accordance with
the written agreement of an officer of the Department
responsible for administering the Flora and Fauna Guarantee
Act 1998.

Land use ƒ The native vegetation is to be removed, destroyed or lopped to


conditions comply with a land use condition served under the Catchment
and Land Protection Act 1994.

Land management ƒ The native vegetation is to be removed, destroyed or lopped to


notices comply with land management notice issued under the
Catchment and Land Protection Act 1994.

Planted vegetation ƒ The native vegetation has been planted or grown as a result of
direct seeding for Crop raising or Extensive animal husbandry.

Emergency works ƒ The native vegetation presents an immediate risk of personal


injury or damage to property and only that part of vegetation
which presents the immediate risk is removed, destroyed or
lopped.
ƒ The native vegetation is to be removed, destroyed or lopped
by a public authority or municipal council to create an
emergency access or to enable emergency works.

Fire protection ƒ The native vegetation is to be removed, destroyed or lopped


for the making of a fuelbreak by or on behalf of a public
authority in accordance with a strategic fuelbreak plan
approved by the Secretary to the Department of Sustainability
and Environment (as constituted under Part 2 of the
Conservation, Forest and Lands Act 1987). The maximum
width of a fuelbreak must not exceed 40 metres.
ƒ The native vegetation is to be removed, destroyed or lopped
for fire fighting measures, periodic fuel reduction burning, or
the making of a fuel break up to 6 metres wide.
ƒ The native vegetation is ground fuel within 30 metres of a
building.
ƒ The native vegetation is to be removed, destroyed or lopped in

PARTICULAR PROVISIONS - CLAUSE 52.16 PAGE 2 OF 5


No permit is required to remove, destroy or lop native vegetation to the minimum
extent necessary if any of the following apply:
accordance with a fire prevention notice under:
‚ Section 65 of the Forests Act 1958.

‚ Section 41 of the Country Fire Authority Act 1958.

‚ Section 8 of the Local Government Act 1989.

ƒ The native vegetation is to be removed, destroyed or lopped to


keep the whole or any part of any vegetation clear of an
electric line in accordance with a code of practice prepared
under Part 8 of the Electricity Safety Act 1998.
ƒ The native vegetation is to be removed, destroyed or lopped in
accordance with any code of practice prepared in accordance
with Part 8 of the Electricity Safety Act 1998 in order to
minimise the risk of bushfire ignition in the proximity of
electricity lines.

Surveying ƒ The native vegetation is to be removed, destroyed or lopped


for establishing sight-lines for the measurement of land by
surveyors in the exercise of their profession, and if using hand-
held tools.

Public roads ƒ The native vegetation is to be removed, destroyed or lopped to


maintain the safe and efficient function of an existing road
managed by a public authority or municipal council in
accordance with the written agreement of the Secretary of the
Department of Sustainability and Environment (as constituted
under Part 2 of the Conservation, Forest and Lands Act 1987).

Railways ƒ The native vegetation is to be removed, destroyed or lopped to


maintain the safe and efficient function of an existing railway or
railway access road, in accordance with the written agreement
of the Secretary of the Department of Sustainability and
Environment.

Extractive industry ƒ The native vegetation is to be removed, destroyed or lopped to


enable the carrying out of Extractive industry in accordance
with a work plan approved under the Extractive Industries
Development Act 1995 and authorised by a work authority
granted under that Act.

Search for stone ƒ The native vegetation is to be removed, destroyed or lopped


to enable the carrying out of the Search for stone.
ƒ The maximum extent of native vegetation removed, destroyed
or lopped under this exemption on contiguous land in the same
ownership in a five year period must not exceed any of the
following:
‚ 1 hectare of vegetation which does not include a tree.

‚ 15 trees if each tree has a trunk diameter of less than 40


centimetres at a height of 1.3 metres above ground level.
‚ 5 trees if each tree has a trunk diameter of 40 centimetres
or more at a height of 1.3 metres above ground level.
This exemption does not apply to native vegetation to be
removed, destroyed or lopped to enable costeaning and bulk
sampling activities.

Mining ƒ The vegetation is to be removed, destroyed or lopped to


enable the carrying out of Mining in accordance with a work

PARTICULAR PROVISIONS - CLAUSE 52.16 PAGE 3 OF 5


No permit is required to remove, destroy or lop native vegetation to the minimum
extent necessary if any of the following apply:
plan approved under the Mineral Resources (Sustainable
Development) Act 1990 and authorised by a work authority
granted under that Act.

Mineral ƒ The native vegetation is to be removed, destroyed or lopped to


Exploration enable the carrying out of Mineral exploration.

Geothermal ƒ The native vegetation is to be removed, destroyed or lopped to


energy exploration enable the carrying out of geothermal energy exploration or
and extraction extraction in accordance with the Geothermal Energy
Resources Act 2005.

Greenhouse gas ƒ The native vegetation is being removed, destroyed or lopped


sequestration and to enable the carrying out of greenhouse gas sequestration
exploration exploration in accordance with the Greenhouse Gas
Geological Sequestration Act 2008.

Greenhouse gas ƒ The native vegetation is being removed, destroyed or lopped


sequestration to enable the carrying out of greenhouse gas sequestration in
accordance with the Greenhouse Gas Geological
Sequestration Act 2008.

52.16-5 Application requirements


15/09/2008
VC49
An application to remove, destroy or lop native vegetation must be accompanied by the
following information, as appropriate:
ƒ A photograph or site plan (drawn to scale) showing the boundaries of the site, existing
native vegetation and the native vegetation to be removed.
ƒ A description of the native vegetation to be removed, including the extent and type of
native vegetation, the number and size of any trees to be removed and, if possible, the
Ecological Vegetation Class of the native vegetation.
ƒ Topographic information, highlighting ridges, crests and hilltops, streams and
waterways, slopes of more than 20 percent, drainage lines, low lying areas, saline
discharge areas, and areas of existing erosion.
ƒ A written explanation of the steps that have been taken to:
‚ Avoid the removal of native vegetation, where possible.
‚ Minimise the removal of native vegetation.
‚ Appropriately offset the loss of native vegetation, if required.
ƒ A written statement which explains how the proposal responds to the decision
guidelines in Clause 52.16-6.

52.16-6 Decision guidelines


15/09/2008
VC49
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

General issues

ƒ Victoria’s Native Vegetation Management – A Framework for Action (Department of


Natural Resources and Environment 2002).
ƒ Whether the proposed development can be located and designed to avoid the removal of
native vegetation.
ƒ Whether the proposed development is located and designed to minimise the removal of
native vegetation.

PARTICULAR PROVISIONS - CLAUSE 52.16 PAGE 4 OF 5


ƒ The need to offset the loss of native vegetation having regard to the conservation
significance of the vegetation.
ƒ The cumulative impact of native vegetation removal on biodiversity conservation and
management.

Native vegetation precinct plans

ƒ The purpose and objectives of the native vegetation precinct plan.


ƒ The effect on native vegetation identified for protection in the native vegetation precinct
plan.
ƒ The potential for the effectiveness of the native vegetation precinct plan to be
undermined.
ƒ The potential for the proposed development to lead to the loss or fragmentation of
native vegetation identified for protection in the native vegetation precinct plan.
ƒ Offset requirements in the native vegetation precinct plan.

Land protection

ƒ Whether the proposed works will adversely affect the land protection role of the native
vegetation.
ƒ The need to mitigate any adverse impacts of native vegetation removal.

Conservation significance

ƒ The conservation status and significance of the native vegetation.


ƒ The quality and condition of the vegetation.
ƒ The strategic location of the native vegetation in the local landscape.

Offsets

ƒ The offset criteria in Victoria’s Native Vegetation Management – A Framework for


Action (Department of Natural Resources and Environment 2002) and any relevant
Regional Vegetation Plan.
ƒ The long term security of the offset.

Aboriginal cultural heritage

ƒ The conservation of native vegetation protected under the Aboriginal Heritage Act
2006.

PARTICULAR PROVISIONS - CLAUSE 52.16 PAGE 5 OF 5


52.17 NATIVE VEGETATION
18/06/2010
VC62
Purpose

To protect and conserve native vegetation to reduce the impact of land and water
degradation and provide habitat for plants and animals.
To achieve the following objectives:
ƒ To avoid the removal of native vegetation.
ƒ If the removal of native vegetation cannot be avoided, to minimise the removal of native
vegetation through appropriate planning and design.
ƒ To appropriately offset the loss of native vegetation.
To provide for the management and removal of native vegetation in accordance with a
property vegetation plan.
To manage vegetation near buildings to reduce the threat to life and property from wildfire.

52.17-1 Native vegetation precinct plans


15/09/2008
VC49
This clause does not apply if a Native vegetation precinct plan corresponding to the land is
incorporated into this scheme.

52.17-2 Permit requirement


15/09/2008
VC49
A permit is required to remove, destroy or lop native vegetation, including dead native
vegetation. This does not apply:
ƒ If the table to Clause 52.17-6 specifically states that a permit is not required.
ƒ To the removal, destruction or lopping of native vegetation specified in the schedule to
this clause.
ƒ To an area specified in the schedule to this clause.

52.17-3 Application requirements


15/09/2008
VC49
An application to remove, destroy or lop native vegetation must be accompanied by the
following information, as appropriate:
ƒ A photograph or site plan (drawn to scale) showing the boundaries of the site, existing
native vegetation and the native vegetation to be removed.
ƒ A description of the native vegetation to be removed, including the extent and type of
native vegetation, the number and size of any trees to be removed and, if possible, the
Ecological Vegetation Class of the native vegetation.
ƒ Topographic information, highlighting ridges, crests and hilltops, streams and
waterways, slopes of more than 20 percent, drainage lines, low lying areas, saline
discharge areas, and areas of existing erosion.
ƒ A written explanation of the steps that have been taken to:
‚ Avoid the removal of native vegetation, where possible.
‚ Minimise the removal of native vegetation.
‚ Appropriately offset the loss of native vegetation, if required.
ƒ A copy of any property vegetation plan that applies to the site.

52.17-4 Property vegetation plans


16/03/2006
VC38
Any permit granted to remove, destroy or lop native vegetation in accordance with a
property vegetation plan:

PARTICULAR PROVISIONS - CLAUSE 52.17 PAGE 1 OF 11


ƒ May include conditions which reflect relevant restrictions or obligations contained in
that plan.
ƒ Must include the following condition:
“This permit will expire if one of the following circumstances applies:
‚ the development or any stage of it does not start within ten years of the date of this
permit.
‚ the development or any stage of it is not completed within ten years of the date of
this permit.”

52.17-5 Decision guidelines


17/09/2007
VC45
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

General issues
ƒ Victoria’s Native Vegetation Management – A Framework for Action (Department of
Natural Resources and Environment 2002).
ƒ Whether the proposed development can be located and designed to avoid the removal of
native vegetation.
ƒ Whether the proposed development is located and designed to minimise the removal of
native vegetation.
ƒ The need to offset the loss of native vegetation having regard to the conservation
significance of the vegetation.
ƒ The conservation and enhancement of the area.
ƒ The preservation of and impact on the natural environment or landscape values.
ƒ Any relevant approved Regional Vegetation Plan.
ƒ Whether the proposed development is in accordance with any property vegetation plan
that applies to the site.
ƒ The cumulative impact of native vegetation removal on biodiversity conservation and
management.

Land protection

ƒ The role of the native vegetation in:


‚ Protecting water quality and waterway and riparian ecosystems, particularly within
30 metres of a wetland or waterway and in special water supply catchment areas
listed in the Catchment and Land Protection Act 1994.
‚ Preventing land degradation, including soil erosion, salinisation, acidity, instability
and water logging, particularly:
- Where ground slopes are more than 20 per cent.
- On land which is subject to soil erosion or slippage.
- In harsh environments, such as coastal or alpine areas.
‚ Preventing adverse effects on groundwater recharge, particularly on land where
groundwater recharge to saline watertables occurs or which is in proximity to a
discharge area.
ƒ Whether the proposed works will adversely affect the land protection role of the native
vegetation.
ƒ The need to mitigate any adverse impacts of native vegetation removal.

Conservation significance

ƒ The conservation status of the native vegetation.

PARTICULAR PROVISIONS - CLAUSE 52.17 PAGE 2 OF 11


ƒ The quality and condition of the vegetation
ƒ The strategic location of the native vegetation in the local landscape.
ƒ Whether the native vegetation is a threatened community, or provides habitat for
threatened fauna or flora, as listed in the Flora and Fauna Guarantee Act 1988.
ƒ Whether the removal of the native vegetation could jeopardise the integrity or long term
preservation of an identified site of scientific, nature conservation or cultural
significance.

Offsets

ƒ The conservation significance of the native vegetation.


ƒ The offset criteria in Victoria’s Native Vegetation Management – A Framework for
Action (Department of Natural Resources and Environment 2002).
ƒ Offset requirements in an approved Regional Vegetation Plan.
ƒ The long term security of the offset.

Timber production

ƒ In the case of timber production, the benefit of including a condition requiring


operations to be carried out in accordance with any relevant code of practice under Part
5 of the Conservation, Forests and Lands Act 1987.

Aboriginal cultural heritage

ƒ The conservation of native vegetation protected under the Aboriginal Heritage Act
2006.

52.17-6 Table of exemptions


18/06/2010
VC62
No permit is required to remove, destroy or lop native vegetation to the minimum
extent necessary if any of the following apply:

Lopping and ƒ The native vegetation is to be pruned or lopped for


pruning for maintenance only and no more than 1/3 of the foliage is
maintenance removed from any individual plant.
This exemption does not apply to:
ƒ Pruning or lopping of the trunk of a tree or shrub.
ƒ Native vegetation within a road or railway reservation.

Grasses ƒ The native vegetation is a grass and is to be mown or slashed


for maintenance only.
Under this exemption the grass must be:
ƒ Located within a lawn, garden or other planted area; or
ƒ Maintained at a height of at least 100 millimetres above
ground level.

Regrowth ƒ The native vegetation is regrowth which has naturally


established or regenerated on land lawfully cleared of naturally
established native vegetation and is:
ƒ Less than 10 years old; or
ƒ Bracken (Pteridium esculentum); or
ƒ Less than ten years old at the time of a Property
Vegetation Plan being signed by the Secretary of the
Department of Sustainability and Environment, and is

PARTICULAR PROVISIONS - CLAUSE 52.17 PAGE 3 OF 11


No permit is required to remove, destroy or lop native vegetation to the minimum
extent necessary if any of the following apply:
shown on that Plan as being ‘certified regrowth’, and is on
land that is to be used or maintained for cultivation or
pasture during the term of that Plan; or
ƒ Within the boundary of a timber production plantation, as
indicated on a Plantation Development Notice or other
documented record, and has established after the
plantation.
This exemption does not apply to land on which native
vegetation has been cleared or otherwise destroyed or
damaged as a result of flood, fire or other natural disaster.

Dead vegetation ƒ The native vegetation is dead.


This exemption does not apply to standing dead trees with a
trunk diameter of 40 centimetres or more at a height of 1.3
metres above ground level.

Site area ƒ The native vegetation is on land which, together with all
contiguous land in one ownership, has an area of less than 0.4
hectare.
This exemption does not apply to native vegetation within a
road reservation.

Weeds ƒ The native vegetation is to be removed, destroyed or lopped to


enable the removal or destruction of a weed listed in the
schedule to this clause.
The maximum extent of native vegetation removed, destroyed
or lopped under this exemption on contiguous land in the same
ownership in a five year period must not exceed any of the
following:
ƒ 1 hectare of native vegetation which does not include a
tree.
ƒ 15 native trees if each tree has a trunk diameter of less
than 20 centimetres at a height of 1.3 metres above
ground level.

Pest animal ƒ The native vegetation is to be removed, destroyed or lopped to


burrows enable the removal of pest animal burrows in the Farming
Zone or the Rural Activity Zone.
Unless in accordance with the written agreement of an officer
of the Department responsible for administering the Flora and
Fauna Guarantee Act 1998, the maximum extent of native
vegetation removed, destroyed or lopped under this exemption
on contiguous land in the same ownership in a five year period
must not exceed any of the following:
ƒ 1 hectare of native vegetation which does not include a
tree.
ƒ 15 native trees if each tree has a trunk diameter of less
than 20 centimetres at a height of 1.3 metres above
ground level.

Land use ƒ The native vegetation is to be removed, destroyed or lopped to


conditions comply with a land use condition served under the Catchment
and Land Protection Act 1994.

PARTICULAR PROVISIONS - CLAUSE 52.17 PAGE 4 OF 11


No permit is required to remove, destroy or lop native vegetation to the minimum
extent necessary if any of the following apply:

Land management ƒ The native vegetation is to be removed, destroyed or lopped to


notices comply with land management notice issued under the
Catchment and Land Protection Act 1994.

Planted vegetation ƒ The native vegetation has been planted or grown as a result of
direct seeding for Crop raising, Extensive animal husbandry,
aesthetic or amenity purposes, including: agroforestry (the
simultaneous and substantial production of forest and other
agricultural products from the same land unit), shelter belts,
woodlots, street trees, gardens or the like.
This exemption does not apply if public funding was provided
to assist in planting or managing the native vegetation and the
terms of the funding did not anticipate removal or harvesting of
the vegetation.

Emergency works ƒ The native vegetation presents an immediate risk of personal


injury or damage to property and only that part of vegetation
which presents the immediate risk is removed, destroyed or
lopped.
ƒ The native vegetation is to be removed, destroyed or lopped
by a public authority or municipal council to create an
emergency access or to enable emergency works.

Fire protection ƒ The native vegetation is to be removed, destroyed or lopped


for fire fighting measures, periodic fuel reduction burning, or
the making of a fuel break or fire fighting access track up to 6
metres wide.
ƒ The native vegetation is to be removed, destroyed or lopped
for the making of a fuelbreak by or on behalf of a public
authority in accordance with a strategic fuelbreak plan
approved by the Secretary to the Department of Sustainability
and Environment (as constituted under Part 2 of the
Conservation, Forest and Lands Act 1987). The maximum
width of a fuelbreak must not exceed 40 metres.
ƒ The native vegetation is a tree overhanging the roof of a
building used for Accommodation. This exemption only allows
the removal, destruction or lopping of that part of the tree
which is overhanging the building and which is necessary for
fire protection.
ƒ The native vegetation is within 30 metres of a building used for
accommodation provided:
ƒ The native vegetation is not a tree.
ƒ At least 50 percent of native shrubs are retained.
ƒ Native grasses are kept to at least a height of 100
millimetres.
ƒ The native vegetation is within the distance of a building used
for accommodation specified in the Table to Clause 52.17-7,
provided:
ƒ The native vegetation is not a tree.
ƒ Before the vegetation is removed, destroyed or lopped, a
plan is prepared and submitted to the Department of
Sustainability and Environment that shows, within 100

PARTICULAR PROVISIONS - CLAUSE 52.17 PAGE 5 OF 11


No permit is required to remove, destroy or lop native vegetation to the minimum
extent necessary if any of the following apply:
metres of the building:
ƒ The north-western and eastern zones of the building
as shown in the Diagram to Clause 52.17-7.
ƒ The slope of the land and the direction of the slope
from the building in each zone.
ƒ The vegetation type within each zone.
ƒ The native vegetation is on land in the same ownership as
the land on which the building is located.
ƒ At least 50 percent of native shrubs are retained.
ƒ Native grasses are kept to at least a height of 100
millimetres.
ƒ The native vegetation is to be removed, destroyed or lopped in
accordance with a fire prevention notice under:
ƒ Section 65 of the Forests Act 1958.
ƒ Section 41 of the Country Fire Authority Act 1958.
ƒ Section 8 of the Local Government Act 1989.
ƒ The native vegetation is to be removed, destroyed or lopped to
keep the whole or any part of any native vegetation clear of an
electric line in accordance with a code of practice prepared
under Part 8 of the Electricity Safety Act 1998.
ƒ The native vegetation is to be removed, destroyed or lopped in
accordance with any code of practice prepared in accordance
with Part 8 of the Electricity Safety Act 1998 in order to
minimise the risk of bushfire ignition in the proximity of
electricity lines.

Surveying ƒ The native vegetation is to be removed, destroyed or lopped


for establishing sight-lines for the measurement of land by
surveyors in the exercise of their profession, and if using hand-
held tools.

Utility installations ƒ The native vegetation is to be removed, destroyed or lopped to


maintain a Minor utility installation.
ƒ The native vegetation is to be removed, destroyed or lopped to
maintain a Utility installation in accordance with a code(s) of
practice approved by Secretary of the Department of
Sustainability and Environment, incorporated into this scheme
and listed in the Schedule to this Clause.
ƒ The native vegetation is to be removed, destroyed or lopped to
enable the construction of a Utility installation in accordance
with a code(s) of practice approved by Secretary of the
Department of Sustainability and Environment, incorporated
into this scheme and listed in the Schedule to this Clause.

Public roads ƒ The native vegetation is to be removed, destroyed or lopped to


maintain the safe and efficient function of an existing public
road managed by the relevant responsible road authority (as
defined by the Road Management Act 2004) in accordance
with the written agreement of the Secretary of the Department
of Sustainability and Environment.

PARTICULAR PROVISIONS - CLAUSE 52.17 PAGE 6 OF 11


No permit is required to remove, destroy or lop native vegetation to the minimum
extent necessary if any of the following apply:

Railways ƒ The native vegetation is to be removed, destroyed or lopped to


maintain the safe and efficient function of an existing railway or
railway access road, in accordance with the written agreement
of the Secretary of the Department of Sustainability and
Environment.

Existing and ƒ The native vegetation is to be removed, destroyed or lopped to


approved enable the:
buildings ƒ Construction of a building approved by a planning permit
granted under this planning scheme or by building permit
granted under Building Act 1993, before 15 September
2008.
ƒ Use and maintenance of a building constructed or
approved by a planning permit granted under this planning
scheme or by building permit granted under Building Act
1993, before 15 September 2008.
This exemption does not apply to:
ƒ Native vegetation to be removed, destroyed or lopped to
enable the operation or maintenance of a fence.
ƒ Native vegetation located more than 10 metres from a
building.

Existing buildings ƒ The native vegetation is to be removed, destroyed or lopped to


and works in the enable the use or maintenance of a building or works used for
Farming Zone and Agricultural production, including a dam, utility service, bore,
Rural Activity horticultural trellising and accessway, in the Farming Zone or
Zone the Rural Activity Zone.
This exemption does not apply to:
ƒ Native vegetation to be removed, destroyed or lopped to
enable the use or maintenance of a Dwelling.
ƒ Native vegetation to be removed, destroyed or lopped to
enable the operation or maintenance of a fence.
ƒ Native vegetation located more than 10 metres from a
building or works.

New buildings and ƒ The native vegetation is to be removed, destroyed or lopped to


works in the enable the construction of a building or works used for
Farming Zone and Agricultural production, including a dam, utility service, bore
Rural Activity and accessway, in the Farming Zone or the Rural Activity
Zone Zone.
The maximum extent of native vegetation removed, destroyed
or lopped under this exemption on contiguous land in the same
ownership in a five year period must not exceed any of the
following:
ƒ 1 hectare of native vegetation which does not include a
tree.
ƒ 15 native trees if each tree has a trunk diameter of less
than 40 centimetres at a height of 1.3 metres above
ground level.
ƒ 5 native trees if each tree has a trunk diameter of 40
centimetres or more at a height of 1.3 metres above

PARTICULAR PROVISIONS - CLAUSE 52.17 PAGE 7 OF 11


No permit is required to remove, destroy or lop native vegetation to the minimum
extent necessary if any of the following apply:
ground level.
This exemption does not apply:
ƒ To native vegetation to be removed, destroyed or lopped
to enable the construction or operation of a pivot irrigation
system or horticultural trellising.
ƒ Where there is a practical opportunity to site the building
or works to avoid the removal, destruction or lopping of
native vegetation.

New dwellings in ƒ The native vegetation is to be removed, destroyed or lopped to


the Farming Zone enable the construction of a Dwelling, in the Farming Zone or
and Rural Activity the Rural Activity Zone.
Zone The maximum extent of native vegetation removed, destroyed
or lopped under this exemption on contiguous land in the same
ownership in a five year period is must not exceed any of the
following:
ƒ 300 square metres of native vegetation which does not
include a tree.
ƒ 5 native trees if each tree has a trunk diameter of less
than 40 centimetres at a height of 1.3 metres above
ground level.
ƒ 1 native tree if the tree has a trunk diameter of 40
centimetres or more at a height of 1.3 metres above
ground level.
This exemption does not apply:
ƒ To native vegetation to be removed, destroyed or lopped
to enable the construction of a tennis court, horse ménage
or swimming pool.
ƒ Where there is a practical opportunity to site the dwelling
to avoid the removal, destruction or lopping of native
vegetation.

Fences ƒ The native vegetation is to be removed, destroyed or lopped to


enable the:
ƒ Construction of a fence on a boundary between properties
in different ownership; or
ƒ Operation or maintenance of an existing fence.
The combined maximum width of clearing permitted either side
of the fence under this exemption is 4 metres.

Vehicle access ƒ The native vegetation is to be removed, destroyed or lopped to


from public roads enable the construction or maintenance of a vehicle access
across a road reserve from a property boundary to a public
road, subject to authorisation from the relevant public land
manager.
This exemption only applies to properties which share a
common boundary with the road reserve.
The maximum total width of native vegetation permitted to be
removed, destroyed or lopped under this exemption is 6
metres.
This exemption does not apply where there is a practical

PARTICULAR PROVISIONS - CLAUSE 52.17 PAGE 8 OF 11


No permit is required to remove, destroy or lop native vegetation to the minimum
extent necessary if any of the following apply:
opportunity to site the accessway to avoid the removal,
destruction or lopping of native vegetation.

Personal use ƒ The native vegetation is to be removed, destroyed or lopped


by cutting only to obtain reasonable amounts of wood for
personal use by the owner or occupier of the land. Personal
use includes wood used for firewood, the construction of
fences and buildings on the same land, and hobbies such as
craft.
This exemption does not apply to:
ƒ Standing living and dead trees with a trunk diameter of 40
centimetres or more at a height of 1.3 metres above
ground level.
ƒ Living native vegetation on contiguous land in the same
ownership with an area less than 10 hectares.

Grazing ƒ The native vegetation is removed, destroyed or lopped as a


result of grazing by domestic stock.
This exemption allows the removal, destruction and lopping of
native vegetation on unused roads specified under Section 400
of the Land Act 1958.

Stock movements ƒ The native vegetation is removed, destroyed or lopped as a


on roads result of moving stock along a road.
This exemption does not apply to the removal, destruction or
lopping of native vegetation as a result of holding stock in a
temporary fence (including an electric fence) on a roadside for
the purpose of feeding.

Harvesting for ƒ The native vegetation is to be removed, destroyed or lopped to


timber production enable the carrying out of timber harvesting operations and
– naturally associated activities which are:
established native ƒ Undertaken on public land under a licence issued by the
vegetation Secretary to the Department of Sustainability and
Environment under section 52 of the Forests Act 1958; or
ƒ Authorised in accordance with Part 5 of the Sustainable
Forests (Timber) Act 2004.

Extractive industry ƒ The native vegetation is to be removed, destroyed or lopped to


enable the carrying out of Extractive industry in accordance
with a work plan approved under the Extractive Industries
Development Act 1995 and authorised by a work authority
granted under that Act.

Search for stone ƒ The native vegetation is to be removed, destroyed or lopped to


enable the carrying out of the Search for stone.
The maximum extent of native vegetation removed, destroyed
or lopped under this exemption on contiguous land in the same
ownership in a five year period must not exceed any of the
following:
ƒ 1 hectare of native vegetation which does not include a
tree.
ƒ 15 native trees if each tree has a trunk diameter of less
than 40 centimetres at a height of 1.3 metres above

PARTICULAR PROVISIONS - CLAUSE 52.17 PAGE 9 OF 11


No permit is required to remove, destroy or lop native vegetation to the minimum
extent necessary if any of the following apply:
ground level.
ƒ 5 native trees if each tree has a trunk diameter of 40
centimetres or more at a height of 1.3 metres above
ground level.
This exemption does not apply to native vegetation to be
removed, destroyed or lopped to enable costeaning and bulk
sampling activities.

Mining ƒ The native vegetation is to be removed, destroyed or lopped to


enable the carrying out of Mining in accordance with a work
plan approved under the Mineral Resources (Sustainable
Development) Act 1990 and authorised by a work authority
granted under that Act.

Mineral ƒ The native vegetation is to be removed, destroyed or lopped to


exploration enable the carrying out of Mineral exploration.

Geothermal ƒ The native vegetation is to be removed, destroyed or lopped to


energy exploration enable the carrying out of geothermal energy exploration or
and extraction extraction in accordance with the Geothermal Energy
Resources Act 2005.

Greenhouse gas ƒ The native vegetation is being removed, destroyed or lopped


sequestration and to enable the carrying out of greenhouse gas sequestration
exploration exploration in accordance with the Greenhouse Gas
Geological Sequestration Act 2008.

Greenhouse gas ƒ The native vegetation is being removed, destroyed or lopped


sequestration to enable the carrying out of greenhouse gas sequestration in
accordance with the Greenhouse Gas Geological
Sequestration Act 2008.

PARTICULAR PROVISIONS - CLAUSE 52.17 PAGE 10 OF 11


52.17-7 Table
14/11/2006
VC44
Maximum distance from a building used for accommodation within which native
vegetation (other than trees) may be removed, destroyed or lopped without a permit:

Vegetation Categories Upslope or Upslope or Down slope Down slope


flat ground flat ground
Northwest Eastern zone Northwest Eastern zone
zone zone
Shrub and heath – 80 metres 40 metres 80 metres 45 metres
Shrubs up to 6 metres
in height above ground
level. It may include
some trees.

Medium forest – Forest 60 metres 30 metres 90 metres 50 metres


between 10 metres and
30 metres in height
above ground level, with
a tree canopy cover of
more than 30 percent. It
may include shrubs and
grassy understorey.

Tall forest – Forest 80 metres 40 metres 95 metres 50 metres


more than 30 metres in
height above ground
level, with a tree canopy
cover of more than 30
percent. It may include
shrubs and grassy
understorey.

Diagram

PARTICULAR PROVISIONS - CLAUSE 52.17 PAGE 11 OF 11


52.18 TIMBER PRODUCTION
18/06/2010
VC62

52.18-1 Timber production on Crown land


18/06/2010
VC62
Any requirement of this scheme which:
 requires timber production to be conducted in a particular way
 requires that a permit be obtained to use or develop land for timber production or to
carry out timber production in a particular way
 requires that some aspect of timber production be carried out to the satisfaction of the
responsible authority
does not apply to timber production on unalienated land of the Crown managed and
controlled by the Minister responsible for administering the Forests Act 1958 and the
Sustainable Forests (Timber) Act 2004, or the Secretary to the Department of Sustainability
and Environment (as constituted under Part 2 of the Conservation, Forest and Lands Act
1987), whether or not occupied under a licence or other right. All requirements of this
scheme apply to Crown land which has been leased.

52.18-2 Timber production to comply with the Code of Practice for Timber Production
17/09/2007
VC45
All timber production activities (except agroforestry (the simultaneous and substantial
production of forest and other agricultural products from the same land unit), windbreaks
and commercial plantations of 5 hectares or less) must comply with the Code of Practice for
Timber Production 2007 (Department of Sustainability and Environment). In accordance
with Section 6(4A) of the Planning and Environment Act 1987, this applies whether the use
of land for timber production is commenced before or after the coming into effect of this
requirement.
The Code must be complied with to the satisfaction of the responsible authority.
A permit may require that matters required by the Code must be done to the satisfaction of
the responsible authority or a Minister, public authority or referral authority, and may
require the responsible authority to seek comments from any other person or authority
before making a decision.

52.18-3 Road repairs


15/09/2008
VC49
After a Timber Harvesting Plan is lodged with the responsible authority under the Code and
before the commencement of harvesting operations, the responsible authority, in
consultation with the forest owner or manager, must establish the condition of any roads
which are proposed to be used as a cartage route.
The forest owner or manager must advise the responsible authority when harvesting
operations are complete. After receiving this advice, the responsible authority, in
consultation with the forest owner or manager, must establish the condition of any roads
which were used as a cartage route.
It is the responsibility of the forest owner or manager to restore any roads which were used
as a cartage route to the same condition that they were in before the commencement of
harvesting operations to the extent of any damage caused as a result of the harvesting
operations.
The cartage of timber associated with harvesting operations is extraordinary traffic for the
purpose of Section 112 of the Road Management Act 2004.

PARTICULAR PROVISIONS - CLAUSE 52.18 PAGE 1 OF 2


52.18-4 Decision guidelines
15/09/2008
VC49
Before deciding on an application to use or develop land for timber production, in addition
to the decision guidelines in Clause 65, the responsible authority must consider:

 The need to encourage plantation establishment and timber production in locations


where it is of significance to national, state and regional economies, and in areas
affected by salinity and other forms of land degradation.
 The role of native forest and plantations in:
 Protecting water quality.
 Conserving flora and fauna.
 Preventing land degradation, including soil erosion, salinisation and water logging.
 Preventing adverse effects on groundwater recharge.
 The preservation of and impact on the natural environment, cultural heritage and visual
amenity.
 Whether it is appropriate to require environmental protection standards greater than
those in the Code.

PARTICULAR PROVISIONS - CLAUSE 52.18 PAGE 2 OF 2


52.19 TELECOMMUNICATIONS FACILITY
21/09/2009
VC60

Purpose

To ensure that telecommunications infrastructure and services are provided in an efficient


and cost effective manner to meet community needs.
To ensure the application of consistent provisions for telecommunications facilities.
To encourage an effective statewide telecommunications network in a manner consistent
with the economic, environmental and social objectives of planning in Victoria as set out in
Section 4 of the Planning and Environment Act 1987.
To encourage the provision of telecommunications facilities with minimal impact on the
amenity of the area.

52.19-1 Application
19/01/2006
VC37
These provisions apply to the construction of a building or the construction or carrying out
of works associated with the use of land for a Telecommunications facility. They apply to
the extent permitted under the Telecommunications Act 1997 (Cwth) and determinations
made under that Act by the Commonwealth Minister for Communications, Information
Technology and the Arts, including the Telecommunications (Low-impact Facilities)
Determination 1997.

52.19-2 Permit requirement


19/01/2006
VC37
A permit is required to construct a building or construct or carry out works for a
Telecommunications facility.
This does not apply to:

 Buildings and works associated with:


 A low-impact facility as described in the Telecommunications (Low-impact)
Facilities Determination 1997.
 The inspection and maintenance of a Telecommunications facility as defined in the
Telecommunications Act 1997 (Cwth).
 A facility authorised by a Facilities Installation Permit issued under the
Telecommunications Act 1997 (Cwth).
 A temporary defence facility.
 The connection of a building, structure, caravan or mobile home to a
Telecommunications line forming part of a Telecommunications network.
 Any Telecommunications facility described in A Code of Practice for
Telecommunications Facilities in Victoria which complies with the requirements of
the Code.
 Buildings and works associated with activities which are:
 Authorised under Clause 6(2) of Division 3 of Schedule 3 of the
Telecommunications Act 1997 (Cwth).
 Carried out by bodies listed in Sections 46 to 51 (inclusive) of the
Telecommunications Act 1997 (Cwth) pursuant to legislation applying to those
bodies.

PARTICULAR PROVISIONS - CLAUSE 52.19 PAGE 1 OF 3


52.19-3 Land in public ownership
19/01/2006
VC37
An application for a permit on land in a public land zone by a person other than the relevant
public land manager, must be accompanied by the written consent of the public land
manager indicating that the public land manager consents generally or conditionally either:

 To the application for permit being made.


 To the application for permit being made and to the proposed use or development.

52.19-4 Exemption from notice and review


21/09/2009
VC60
An application for a permit is exempt from the notice requirements of Section 52(1)(a), (b)
and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of
Section 82(1) of the Act unless:

 The Telecommunications facility is:


 A radio communications dish greater than 1.2 metres in diameter or
 A Telecommunications tower (other than a low-impact facility described in the
Telecommunications (Low-impact Facilities) Determination 1997).
 The land is located in an Environmental Significance Overlay, a Vegetation Protection
Overlay, a Significant Landscape Overlay, a Heritage Overlay, a Design and
Development Overlay or an Erosion Management Overlay.
 The land is public land not in a public land zone and the responsible authority is not the
public land manager.

52.19-5 Application requirements


19/01/2006
VC37
An application for permit must be accompanied by the following information as appropriate
to the proposal and the location:

 A site analysis and design response explaining how the proposed facility addresses the
principles for the design, siting, construction and operation of telecommunications
facilities and the requirements in A Code of Practice for Telecommunications Facilities
in Victoria.
 Site boundaries and dimensions.
 The purpose and location of all buildings and works required in the construction of the
facility.
 The location of all existing buildings and works to be retained and demolished.
 The location of all proposed buildings and works including dimensions, elevations,
materials, colours and finishes.
 The location and use of all buildings on adjoining properties.
 The location of all adjoining streets and access ways.
 Australian Height Datum levels.
 Natural drainage lines, watercourses, coastal dunes, beach systems and wetlands.
 Proposals for the rehabilitation of the land on which development is to occur.
 Roads and parking areas.
 Materials, landscaping, external lighting, colour and reflectivity.

PARTICULAR PROVISIONS - CLAUSE 52.19 PAGE 2 OF 3


52.19-6 Decision guidelines
19/01/2006
VC37
Before deciding on an application, in addition to the decision guidelines of Clause 65, the
responsible authority must consider, as appropriate:

 The principles for the design, siting, construction and operation of a


Telecommunications facility set out in A Code of Practice for Telecommunications
Facilities in Victoria.
 The effect of the proposal on adjacent land.
 If the Telecommunications facility is located in an Environmental Significance Overlay,
a Vegetation Protection Overlay, a Significant Landscape Overlay, a Heritage Overlay, a
Design and Development Overlay or an Erosion Management Overlay, the decision
guidelines in those overlays and the schedules to those overlays.

PARTICULAR PROVISIONS - CLAUSE 52.19 PAGE 3 OF 3


52.20 CONVENIENCE RESTAURANT AND TAKE-AWAY FOOD PREMISES
19/01/2006
VC37

Scope

These requirements only apply to residential zones.

Decision guidelines

Before deciding on an application to use land for a convenience restaurant or take-away


food premises or to construct a building or construct or carry out works associated with a
convenience restaurant or take-away food premises, in addition to the decision guidelines
in Clause 65, the responsible authority must consider, as appropriate:

ƒ Any policy in this scheme relating to convenience restaurants or take-away food


premises.
ƒ Whether the location is appropriate for a convenience restaurant or take-away food
premises having regard to:
ƒ Amenity of the neighbourhood.
ƒ Proximity of the land to non residential uses and zones.
ƒ Effect of the use on heritage and environment features.
ƒ Capacity of the land to contain significant off-site effects.
ƒ Access to land in a Road Zone.
ƒ The suitability of the land for a residential use.
ƒ The effect on the amenity or character of the street or neighbourhood having regard to:
ƒ Massing and proportions of any building.
ƒ Ground floor height above ground level.
ƒ Ceiling heights.
ƒ Roof form and pitch.
ƒ Facade articulation.
ƒ Window and door proportions.
ƒ Building features including verandahs, towers, eaves, parapets and decorative
elements.
ƒ Building materials, patterns textures and colours.
ƒ Whether the site layout and the design of buildings, noise attenuation measures,
landscaping, car parking, vehicle access lanes, loading bays, rubbish bins, plant and
equipment, lights, advertising signs, drive through facilities and playgrounds are
designed to prevent significant loss of amenity to adjoining land due to noise, emission
of noise, emission of light or glare, loss of privacy, litter or odour.
ƒ Whether any special measure may be necessary to protect the amenity of adjoining land
in residential use, including buffer planting, noise attenuation measures and litter
collection arrangements.
ƒ The adequacy of traffic measures to:
ƒ Provide safe pedestrian movement.

PARTICULAR PROVISIONS - CLAUSE 52.20 PAGE 1 OF 2


ƒ Achieve safe, efficient vehicle movement on site and access to and egress from the
land.
ƒ Avoid disruption to traffic flow on land in a Road Zone.
ƒ Prevent inappropriate use of local residential streets.
ƒ The adequacy of car parking, loading and drive through queuing spacing to
accommodate customers at peak periods and employee requirements on the land.

PARTICULAR PROVISIONS - CLAUSE 52.20 PAGE 2 OF 2


52.21 PRIVATE TENNIS COURT
19/01/2006
VC37

Purpose

To ensure that tennis courts used in association with a dwelling are sited and constructed to
minimise the effects of the development on nearby properties.
To ensure that the use of tennis courts in association with a dwelling does not cause
unreasonable disturbance to adjoining residents or adversely affect the residential amenity
of adjoining areas.

52.21-1 Scope
19/01/2006
VC37
This clause applies to any private tennis court which is used in association with a dwelling.

52.21-2 Permit requirement


19/01/2006
VC37
A permit is not required under any provision of this scheme to construct, use or illuminate
a private tennis court if the performance requirements specified in the Code of Practice -
Private Tennis Court Development Revision 1 March 1999 are met.
A permit is required to construct, use or illuminate a private tennis court:
ƒ If any of the performance requirements specified in the Code of Practice - Private
Tennis Court Development Revision 1 March 1999 are not met.
ƒ If the land is in an Environmental Significance Overlay, a Vegetation Protection
Overlay, a Significant Landscape Overlay, a Heritage Overlay, an Urban Floodway
Zone, a Floodway Overlay or a Land Subject to Inundation Overlay and a permit is
required for any of the following:
ƒ To construct a building or construct or carry out works.
ƒ To remove, destroy, prune or lop a tree or vegetation.

52.21-3 Application requirements


19/01/2006
VC37
Unless the circumstances do not require, an application under this clause must be
accompanied by the following information:
ƒ A copy of title of the land.
ƒ A layout plan to a scale of not less than 1:200.
ƒ The location of dwellings on adjoining land within 10 metres of the court site showing
habitable room windows.
ƒ Existing and proposed site levels.
ƒ Location of vegetation to be removed.
ƒ Proposed landscaping.
ƒ Illumination levels and the position and height of light poles and fencing.
ƒ Description of fencing material.
ƒ The location of easements.
ƒ Volume of excavated material to be brought to or removed from the site.
ƒ Means of access to the site.

PARTICULAR PROVISIONS - CLAUSE 52.21 PAGE 1 OF 2


ƒ Construction method and timing.

52.21-4 Notice provisions


19/01/2006
VC37
An application for a permit to construct, use or illuminate a private tennis court under any
provision of this scheme is exempt from the notice requirements of Section 52(1)(a), (b)
and (d) of the Act.
In accordance with Section 52(1)(c) of the Act notice of an application to construct, use or
illuminate a private tennis court under any provision of this scheme must be given by
ordinary post to the owners and occupiers of adjoining and opposite properties.

52.21-5 Decision guidelines


19/01/2006
VC37
Before deciding on an application under this Clause, in addition to the decision guidelines
in Clause 65, the responsible authority must consider the relevant objectives and
considerations specified in the Code of Practice - Private Tennis Court Development
Revision 1 March 1999.

PARTICULAR PROVISIONS - CLAUSE 52.21 PAGE 2 OF 2


52.22 CRISIS ACCOMMODATION
19/01/2006
VC37
A permit is not required to use a building, including outbuildings normal to a dwelling, to
house people and any dependants at times of personal emergency or crisis if the building
meets all of the following requirements:

ƒ Is in an area or zone which is used mainly for housing.


ƒ Provides self contained accommodation.
ƒ Does not have more than 10 habitable rooms.

PARTICULAR PROVISIONS - CLAUSE 52.22 PAGE 1 OF 1


52.23 SHARED HOUSING
19/01/2006
VC37
A permit is not required to use a building, including outbuildings normal to a dwelling, to
house a person, people and any dependants or 2 or more people (including people with
intellectual disabilities) if the building meets all of the following requirements:

ƒ Is in an area or zone which is used mainly for housing.


ƒ Provides self contained accommodation.
ƒ Does not have more than 10 habitable rooms.

PARTICULAR PROVISIONS - CLAUSE 52.23 PAGE 1 OF 1


52.24 COMMUNITY CARE UNIT
19/01/2006
VC37
A permit is not required to use a building for services funded by the Department of Human
Services which provide self contained accommodation for its clients if all of the following
requirements are met:

ƒ The building or buildings are in an area or zone which is used mainly for housing.
ƒ No more than 20 clients plus supervisory staff are accommodated on the site.

PARTICULAR PROVISIONS - CLAUSE 52.24 PAGE 1 OF 1


52.25 CREMATORIUM
19/01/2006
VC37

Purpose

To ensure that crematoria in cemeteries are developed and used in an appropriate manner.

Permit required

A permit is required to develop and use a crematorium on land that is used for cemetery
purposes.
This does not apply to land in the Springvale Crematorium.

Decision guidelines

Before deciding on an application to use and develop land for a crematorium, in addition to
the decision guidelines in Clause 65, the responsible authority must consider:

ƒ The provision of landscaping and screen planting.


ƒ The location and design of the buildings to be constructed.
ƒ The effect on traffic movement generated by the use.
ƒ The provision of parking facilities.

PARTICULAR PROVISIONS - CLAUSE 52.25 PAGE 1 OF 1


52.26 CATTLE FEEDLOT
19/01/2006
VC37

Purpose

To facilitate the establishment and expansion of cattle feedlots in Victoria in a manner


which is consistent with orderly and proper planning and the protection of the environment.

Requirements to be met

All use and development of cattle feedlots must comply with the Victorian Code for Cattle
Feedlots - August 1995.
The Code must be complied with to the satisfaction of the responsible authority.

PARTICULAR PROVISIONS - CLAUSE 52.26 PAGE 1 OF 1


52.27 LICENSED PREMISES
23/12/2009
VC64 Purpose

To ensure that licensed premises are situated in appropriate locations.


To ensure that the impact of the licensed premises on the amenity of the surrounding area
is considered.

Scope

These provisions apply to premises licensed, or to be licensed, under the Liquor Control
Reform Act 1998.

Permit required

A permit is required to use land to sell or consume liquor if any of the following apply:
ƒ A licence is required under the Liquor Control Reform Act 1998.
ƒ A different licence, or category of licence is required from that which is in force.
ƒ The hours of trading allowed under any licence are to be extended.
ƒ The number of patrons allowed under any licence are to be increased.
This does not apply if any of the following apply:
ƒ To a limited licence.
ƒ To a licence to manufacture liquor.
ƒ To a licence to sell only packaged liquor for consumption elsewhere.
ƒ If the schedule to this clause specifies that a permit is not required to use land to sell
or consume liquor under a particular type of licence.
ƒ To a change that reduces the hours of trading allowed under any licence.
ƒ To a change that reduces the number of patrons allowed under any licence.
ƒ To a change that reduces the area within which liquor is allowed to be consumed
under any licence.
ƒ To a variation of licence at the initiative of the Director, pursuant to section 58 of the
Liquor Control Reform Act 1998.
ƒ If a different licence or category of licence is required solely as a result of the
changes to licence categories introduced on 1 January 2010.
The schedule to this clause may specify that a permit may not be granted to use land to
sell or consume liquor under a particular type of licence.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The impact of the sale or consumption of liquor permitted by the liquor licence on the
amenity of the surrounding area.
ƒ The impact of the hours of operation on the amenity of the surrounding area.
ƒ The impact of the number of patrons on the amenity of surrounding area.
ƒ The cumulative impact of any existing and the proposed liquor licence, the hours of
operation and number of patrons, on the amenity of the area.

PARTICULAR PROVISIONS – CLAUSE 52.27 PAGE 1 OF 1


52.28 GAMING
17/09/2007
VC45

52.28-1 Purpose
18/10/2006
VC39
To ensure that gaming machines are situated in appropriate locations and premises.
To ensure the social and economic impacts of the location of gaming machines are
considered.
To prohibit gaming machines in specified shopping complexes and strip shopping centres.

52.28-2 Permit requirement


18/10/2006
VC39
A permit is required to install or use a gaming machine.
This does not apply in either of the following circumstances:
ƒ Clause 52.28-3 or Clause 52.28-4 specifically prohibit a gaming machine.
ƒ the gaming machine is in an approved venue under the Gambling Regulation Act 2003
on 18 October 2006 and the maximum number of gaming machines for the approved
venue on 18 October 2006 is not exceeded.

52.28-3 Prohibition of a gaming machine in a shopping complex


18/10/2006
VC39
Installation or use of a gaming machine is prohibited on land specified in a schedule to this
clause.
This does not apply to a gaming machine in an approved venue under the Gambling
Regulation Act 2003 on 18 October 2006; and the maximum number of gaming machines
for the approved venue on 18 October 2006 is not exceeded.

52.28-4 Prohibition of a gaming machine in a strip shopping centre


18/10/2006
VC39
Installation or use of a gaming machine is prohibited in a strip shopping centre if:
ƒ the strip shopping centre is specified in the schedule to this clause.
ƒ the schedule provides that a gaming machine is prohibited in all strip shopping centres
on land covered by this planning scheme.
This does not apply to a gaming machine in an approved venue under the Gambling
Regulation Act 2003 on 18 October 2006; and the maximum number of gaming machines
for the approved venue on 18 October 2006 is not exceeded.
A strip shopping centre is an area that meets all of the following requirements:
ƒ it is zoned for business use;
ƒ it consists of at least two separate buildings on at least two separate and adjoining lots;
ƒ it is an area in which a significant proportion of the buildings are shops;
ƒ it is an area in which a significant proportion of the lots abut a road accessible to the
public generally;
but it does not include the Capital City Zone in the Melbourne Planning Scheme.

52.28-5 Transitional arrangements


17/09/2007
VC45
The requirements of Clause 52.28 as in force immediately before 18 October 2006 continue
to apply to a gaming machine referred to in a transitional application and permitted in the
determination of a transitional application if a planning permit was not required
immediately before 18 October 2006 for that gaming machine.

PARTICULAR PROVISIONS - CLAUSE 52.28 PAGE 1 OF 2


In this clause, "transitional application" means an application or request made, and not
determined, before 18 October 2006 to the Victorian Commission for Gambling Regulation
under the Gambling Regulation Act 2003 for either:
ƒ an approval of premises for gaming, or variation of approval of premises for gaming, or
ƒ amendment of conditions of a venue operator's licence to vary the number of permitted
gaming machines for an approved venue.

52.28-6 Decision guidelines


18/10/2006
VC39
Before deciding on an application, in addition to the decision guidelines of Clause 65, the
responsible authority must consider, as appropriate:
ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The compatibility of the proposal with adjoining and nearby land uses.
ƒ The capability of the site to accommodate the proposal.
ƒ Whether the gaming premises provides a full range of hotel facilities or services to
patrons or a full range of club facilities or services to members and patrons.

PARTICULAR PROVISIONS - CLAUSE 52.28 PAGE 2 OF 2


52.29 LAND ADJACENT TO A ROAD ZONE, CATEGORY 1, OR A PUBLIC
09/10/2006 ACQUISITION OVERLAY FOR A CATEGORY 1 ROAD
VC42

Purpose

To ensure appropriate access to identified roads.


To ensure appropriate subdivision of land adjacent to identified roads.

Scope

This clause applies to land adjacent to a Road Zone, Category 1, or a Public Acquisition
Overlay if the purpose of acquisition is for a Category 1 road.

Permit requirement

A permit is required to:

ƒ Create or alter access to:


ƒ A road in a Road Zone, Category 1.
ƒ Land in a Public Acquisition Overlay if the purpose of acquisition is for a Category
1 road.
ƒ Subdivide land adjacent to:
ƒ A road in a Road Zone, Category 1.
ƒ Land in a Public Acquisition Overlay if the purpose of acquisition is for a Category
1 road.

Referral of applications

An application to create or alter access to, or to subdivide land adjacent to, a road declared
as a freeway or arterial road under the Road Management Act 2004, land owned by the
Roads Corporation for the purpose of a road, or land in a Public Acquisition Overlay if the
Roads Corporation is the authority responsible for acquiring the land, must be referred to
the Roads Corporation under Section 55 of the Act. This does not apply to:

ƒ Boundary realignments.
ƒ Subdivisions of existing buildings already connected to services and requiring no new
access.
ƒ Two lot subdivisions requiring no new access.
ƒ Proposals which, in the opinion of the responsible authority, satisfy requirements or
conditions previously agreed in writing between the responsible authority and the
Roads Corporation.
Any other application must be referred to the owner of, or the authority responsible for
acquiring, the adjacent land in the Road Zone, Category 1, or the Public Acquisition
Overlay.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider:

PARTICULAR PROVISIONS - CLAUSE 52.29 PAGE 1 OF 2


ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The views of the relevant road authority.
ƒ The effect of the proposal on the operation of the road and on public safety.
ƒ Any policy made by the relevant road authority pursuant to Schedule 2, Clause 3 of the
Road Management Act 2004 regarding access between a controlled access road and
adjacent land.

PARTICULAR PROVISIONS - CLAUSE 52.29 PAGE 2 OF 2


52.30 FREEWAY SERVICE CENTRE
19/01/2006
VC37
Purpose

To ensure that freeway service centres are appropriately designed and located.
To ensure that access to a freeway service centre from a freeway is designed to the
requirements of the Roads Corporation.
To ensure that freeway service centres with access to a rural freeway provide only essential
services and facilities which encourage drivers to stop and take an effective break at
appropriate intervals in the interests of driver safety.
To ensure that any new freeway service centre meets an identifiable need to provide
essential services and facilities along a freeway where those services and facilities are not
readily available.
To ensure that the use of land for a freeway service centre does not adversely affect the
amenity of surrounding land uses.

52.30-1 Requirements to be met


19/01/2006
VC37

Facilities and services

A freeway service centre must provide only essential services and facilities. These
essential services and facilities must be available at all times. Essential services and
facilities that a freeway service centre must include are:

ƒ Designated parking areas.


ƒ Undercover fuel sales area for petrol, diesel and LPG.
ƒ An area of not more than 240 square metres for the sale of food, drinks and other
convenience goods.
ƒ An indoor sit-down eating area.
ƒ A safe play area for children.
ƒ Public toilets.
ƒ A public telephone.
A freeway service centre with access to a rural freeway must also provide local and
regional tourist information.
A freeway service centre must not include:

ƒ Mechanical repairs (other than the emergency repair of vehicles).


ƒ Retail facilities of more than 240 square metres.
ƒ Video hire.
ƒ Post office services or facilities.
ƒ Entertainment facilities, amusement machines or gaming machines.
ƒ The sale, distribution or consumption of alcohol unless associated with a residential
hotel/motel.
ƒ Car or truck wash facilities.
A freeway service centre with access to a rural freeway must not include overnight
accommodation (other than for a caretaker or site manager).

PARTICULAR PROVISIONS - CLAUSE 52.30 PAGE 1 OF 2


Access to freeway service centres

No vehicular access between a freeway service centre with access to a metropolitan


freeway and the local road network may be permitted.
An application to use or develop land for a freeway service centre must be referred to the
Roads Corporation in accordance with Section 55 of the Act.
A permit must not be granted for a freeway service centre until approval for access to the
freeway has been given by the Roads Corporation.
In accordance with Section 62(1)(a) of the Act, a permit granted for a freeway service
centre must include the condition:
“This permit will expire if one of the following circumstances applies:

ƒ The development is not commenced within two years of the date of this permit.
ƒ The development is not completed within four years of the date of this permit.
The responsible authority may extend the periods referred to if a request is made in writing
before the permit expires or within three months afterwards.”

Metropolitan freeway service centre adjoining a residential zone

If the site for a freeway service centre with access to a metropolitan freeway adjoins a
residential zone:

ƒ A landscape buffer at least 3 metres wide must be provided on the site along the
common boundary and must be planted and maintained to the satisfaction of the
responsible authority.
ƒ Except for the landscape buffer strip, all of the site not occupied by buildings must be
sealed to prevent dust.
ƒ External lights must be directed away from the residential zone to prevent light spill and
glare.

52.30-2 Decision guidelines


19/01/2006
VC37
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The Freeway Service Centres Design Guidelines, May 1997.

PARTICULAR PROVISIONS - CLAUSE 52.30 PAGE 2 OF 2


52.31 BROILER FARM
21/09/2009
VC60
Purpose

To facilitate the establishment and expansion of broiler farms in a manner that is consistent
with orderly and proper planning and the protection of the environment.

52.31-1 Scope
21/09/2009
VC60
This clause applies to permit applications to use or develop land to establish a new broiler
farm or to increase the farm capacity of an existing broiler farm.

52.31-2 Requirement
21/09/2009
VC60
A permit application to use or develop land to establish a new broiler farm, or to increase
the farm capacity of an existing broiler farm, must comply with the Victorian Code for
Broiler Farms 2009.

52.31-3 Exemption from notice and review


21/09/2009
VC60
An application to use or develop land to establish a new broiler farm, or to increase the
farm capacity of an existing broiler farm, that meets the requirements of a Class A Broiler
Farm as specified in the Victorian Code for Broiler Farms 2009, is exempt from the notice
requirements of Section 52 (1)(a), (b) and (d), the decision requirements of Section 64(1),
(2) and (3) and the review rights of Section 82(1) of the Act.

52.31-4 Notice of an application


21/09/2009
VC60 Notice of an application to use or develop land to establish a new broiler farm, or to
increase the farm capacity of an existing broiler farm, that meets the requirements of a
Special Class Broiler Farm or Farm Cluster as specified in the Victorian Code for Broiler
Farms 2009, must be given under Section 52(1)(c) of the Act to the person or body
specified as a person or body to be notified in Clause 66.05.

PARTICULAR PROVISIONS - CLAUSE 52.31 PAGE 1 OF 1


52.32 WIND ENERGY FACILITY
21/09/2009
VC60

Purpose

To facilitate the establishment and expansion of wind energy facilities, in appropriate


locations, with minimal impact on the amenity of the area.

52.32-1 Scope
21/09/2009
VC60
This clause applies to land used and developed or proposed to be used and developed for a
wind energy facility.

52.32-2 Application requirements


21/09/2009
VC60
An application must be accompanied by the following information, as appropriate:

ƒ A site and context analysis, including:


ƒ A site plan, photographs or other techniques to accurately describe the site and
surrounding area.
ƒ A location plan showing the full site area, local electricity grid and access roads.
ƒ A design response, including:
ƒ Detailed plans of the proposed development.
ƒ Accurate visual simulations illustrating the development in the context of the
surrounding area and from key public view points.
ƒ A rehabilitation plan for the site.
ƒ A written report(s), including:
ƒ An explanation of how the proposed design derives from and responds to the site
analysis.
ƒ A description of the proposal.
ƒ A description of how the proposal responds to any significant landscape features
for the area identified in the planning scheme.
ƒ An assessment of:
ƒ the visual impact of the proposal on the landscape.
ƒ the visual impact on abutting land that is subject to the National Parks Act
1975.
ƒ the impact of the proposal on any species (including birds and bats) listed
under the Flora and Fauna Guarantee Act 1988 or Environment Protection
and Biodiversity Conservation Act 1999.
ƒ the noise impacts of the proposal on existing dwellings prepared in
accordance with the New Zealand Standard NZ6808:1998, Acoustics – The
Assessment and Measurement of Sound from Wind Turbine Generators.
ƒ the impacts upon Aboriginal or non-Aboriginal cultural heritage.
ƒ A statement of why the site is suitable for the wind energy facility.
ƒ An environmental management plan including any rehabilitation and
monitoring.

PARTICULAR PROVISIONS - CLAUSE 52.32 PAGE 1 OF 2


52.32-3 Decision guidelines
21/09/2009
VC60
Before deciding on an application, in addition to the decision guidelines of Clause 65, the
responsible authority must consider, as appropriate:

ƒ The effect of the proposal on the surrounding area in terms of noise, blade glint,
shadow flicker and electromagnetic interference.
ƒ The impact of the development on significant views, including visual corridors and
sightlines.
ƒ The impact of the facility on the natural environment and natural systems.
ƒ The impact of the facility on cultural heritage.
ƒ The impact of the facility on aircraft safety.
ƒ The Policy and Planning Guidelines for Development of Wind Energy Facilities in
Victoria, 2009.

PARTICULAR PROVISIONS - CLAUSE 52.32 PAGE 2 OF 2


52.33 SHIPPING CONTAINER STORAGE
19/01/2006
VC37

Scope

This clause applies to all land except land which is in a Special Use Zone established for
the purpose of port and port-related activities.

52.33-1 Decision guidelines


19/01/2006
VC37
Before deciding on an application to use land for shipping container storage, or construct a
building or construct or carry out works associated with shipping container storage, in
addition to the decision guidelines in Clause 65, the responsible authority must consider, as
appropriate:

ƒ Whether the location is appropriate for shipping container storage having regard to:
ƒ The zoning of the land.
ƒ Amenity of the neighbourhood.
ƒ Proximity of the land to residential uses and zones or other sensitive uses.
ƒ Access to a road in a Road Zone.
ƒ Access to rail facilities.
ƒ Capacity and suitability of the road network to accommodate the type and volume of
vehicle traffic generated by the use.
ƒ Capacity of the site to accommodate the proposed use.
ƒ The effect on the environment and the amenity and character of the neighbourhood
having regard to:
ƒ Existing and planned use of land in the neighbourhood.
ƒ Location, height and setback of shipping container stacks, particularly near road
boundaries.
ƒ Location of facilities for the cleaning, repair, servicing, painting or fumigation of
shipping containers.
ƒ Hours of operation.
ƒ Design, construction and maintenance of external storage and vehicle movement
areas.
ƒ Treatment and disposal of wastewater.
ƒ Whether the site layout and the design of buildings, landscaping, vehicle access lanes,
loading bays, wash bays, lighting and fencing are designed to avoid or minimise any
significant off-site impacts due to the emission of noise, light, glare, dust, fumes or
drainage.
ƒ Whether any special measure may be necessary to protect the environment and the
amenity of nearby sensitive uses, including noise attenuation measures, dust
minimisation measures and waste storage arrangements.
ƒ The need for landscaping and fencing to screen or soften the appearance of shipping
container storage areas, particularly near road boundaries.
ƒ The adequacy and effect of the landscaping on the appearance of the site, taking into
account the streetscape character, the size of the site, and the height, mass and scale of
shipping container stacks on the site.

PARTICULAR PROVISIONS - CLAUSE 52.33 PAGE 1 OF 2


ƒ The adequacy of traffic measures to:
ƒ Achieve safe, efficient vehicle movement on site and access to and egress from the
land.
ƒ Prevent inappropriate use of local residential streets.
ƒ The adequacy of truck parking, loading and truck queuing spacing to accommodate
truck movements at peak periods and employee requirements on the land.

PARTICULAR PROVISIONS - CLAUSE 52.33 PAGE 2 OF 2


52.34 BICYCLE FACILITIES
19/01/2006
VC37

Purpose

To encourage cycling as a mode of transport.


To provide secure, accessible and convenient bicycle parking spaces and associated shower and
change facilities.

52.34-1 Provision of bicycle facilities


19/01/2006
VC37
A new use must not commence or the floor area of an existing use must not be increased until the
required bicycle facilities and associated signage has been provided on the land.
Where the floor area occupied by an existing use is increased, the requirement for bicycle facilities
only applies to the increased floor area of the use.

52.34-2 Permit requirement


19/01/2006
VC37
A permit may be granted to vary, reduce or waive any requirement of Clause 52.34-3 and Clause
52.34-4.

Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the
Act.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ Whether the proposed number, location and design of bicycle facilities meets the purpose of
this clause.
ƒ The location of the proposed land use and the distance a cyclist would need to travel to reach
the land.
ƒ The users of the land and their opportunities for bicycle travel.
ƒ Whether showers and change rooms provided on the land for users other than cyclists are
available to cyclists.
ƒ The opportunities for sharing of bicycle facilities by multiple uses, either because of variation
of bicycle parking demand over time or because of efficiencies gained from the consolidation
of shared bicycle facilities.
ƒ Australian Standard AS 2890.3 1993 Parking facilities Part 3: Bicycle parking facilities.
ƒ Any relevant bicycle parking strategy or equivalent.

52.34-3 Required bicycle facilities


19/01/2006
VC37
Tables 1, 2 and 3 to this clause set out the number and type of bicycle facilities required. Bicycle
facilities are required if the use is listed in column 1 of the table. The number of bicycle facilities
required for a use is the sum of columns 2 and 3 of the tables.
If in calculating the number of bicycle facilities the result is not a whole number, the required
number of bicycle facilities is the nearest whole number. If the fraction is one-half, the
requirement is the next whole number.

PARTICULAR PROVISIONS – CLAUSE 52.34 PAGE 1 OF 4


A bicycle space for an employee or resident must be provided either in a bicycle locker or at a
bicycle rail in a lockable compound.
A bicycle space for a visitor, shopper or student must be provided at a bicycle rail.

Table 1 to Clause 52.34-3 − Bicycle spaces


USE EMPLOYEE/RESIDENT VISITOR/SHOPPER/STUDENT

Amusement parlour None 2 plus 1 to each 50 sq m of net


floor area

Convenience restaurant 1 to each 25 sq m of floor area 2


available to the public

Dwelling In developments of four or more In developments of four or more


storeys, 1 to each 5 dwellings storeys, 1 to each 10 dwellings

Education centre other 1 to each 20 employees 1 to each 20 full-time students


than specified in this
table

Hospital 1 to each 15 beds 1 to each 30 beds

Hotel 1 to each 25 sq m of bar floor 1 to each 25 sq m of bar floor


area available to the public, plus area available to the public, plus
1 to each 100 sq m of lounge 1 to each 100 sq m of lounge
floor area available to the public floor area available to the public

Industry other than 1 to each 1000 sq m of net floor None


specified in this table area

Library 1 to each 500 sq m of net floor 4 plus 2 to each 200 sq m of net


area floor area

Major sports and 1 to each 1500 spectator places 1 to each 250 spectator places
recreation facility

Market 1 to each 50 stalls 1 to each 10 stalls

Medical centre 1 to each 8 practitioners 1 to each 4 practitioners

Minor sports and 1 per 4 employees 1 to each 200 sq m of net floor


recreation facility area

Motel 1 to each 40 rooms None

Nursing home 1 to each 7 beds 1 to each 60 beds

Office other than 1 to each 300 sq m of net floor 1 to each 1000 sq m of net floor
specified in this table area if the net floor area area if the net floor area
exceeds 1000 sq m exceeds 1000 sq m

Place of assembly other 1 to each 1500 sq m of net floor 2 plus 1 to each 1500 sq m of
than specified in this area net floor area
table

Primary school 1 to each 20 employees 1 to each 5 pupils over year 4

Residential building In developments of four or more In developments of four or more


other than specified in storeys, 1 to each 10 lodging storeys, 1 to each 10 lodging
this table rooms rooms

PARTICULAR PROVISIONS – CLAUSE 52.34 PAGE 2 OF 4


USE EMPLOYEE/RESIDENT VISITOR/SHOPPER/STUDENT

Restaurant 1 to each 100 sq m of floor area 2 plus 1 to each 200 sq m of


available to the public floor area available to the public
if the floor area available to the
public exceeds 400 sq m.

Retail premises other 1 to each 300 sq m of leasable 1 to each 500 sq m of leasable


than specified in this floor area floor area
table

Secondary school 1 to each 20 employees 1 to each 5 pupils

Service industry 1 to each 800 sq m of net floor None


area

Shop 1 to each 600 sq m of leasable 1 to each 500 sq m of leasable


floor area if the leasable floor floor area if the leasable floor
area exceeds 1000 sq metres area exceeds 1000 sq metres
Take-away food premises 1 to each 100 sq m of net floor 1 to each 50 sq m of net floor
area area

Table 2 to Clause 52.34-3 − Showers


USE EMPLOYEE/RESIDENT VISITOR/SHOPPER/STUDENT

Any use listed in Table 1 If 5 or more employee bicycle None


spaces are required, 1 shower
for the first 5 employee bicycle
spaces, plus 1 to each 10
employee bicycle spaces
thereafter.

Table 3 to Clause 52.34-3 – Change rooms


USE EMPLOYEE/RESIDENT VISITOR/SHOPPER/STUDENT

Any use listed in Table 1 1 change room or direct access None


to a communal change room to
each shower. The change room
may be a combined shower and
change room.

52.34-4 Design of bicycle spaces


19/01/2006
VC37
Bicycle spaces should:

ƒ Provide a space for a bicycle of minimum dimensions of 1.7 metres in length, 1.2 metres in
height and 0.7 metres in width at the handlebars.
ƒ Be located to allow a bicycle to be ridden to within 30 metres of the bicycle parking space.
ƒ Be located to provide convenient access from surrounding bicycle routes and main building
entrances.
ƒ Not interfere with reasonable access to doorways, loading areas, access covers, furniture,
services and infrastructure.
ƒ Not cause a hazard.
ƒ Be adequately lit during periods of use.

PARTICULAR PROVISIONS – CLAUSE 52.34 PAGE 3 OF 4


Bicycle rails

A bicycle rail must:

ƒ Be securely fixed to a wall or to the floor or ground.


ƒ Be in a highly visible location for bicycle security (when not in a compound).
ƒ Be of a shape that allows a cyclist to easily lock the bicycle frame and wheels.
ƒ Be located to allow easy access to park, lock and remove the bicycle.

Bicycle compounds and lockers

A bicycle compound or a bicycle locker must:

ƒ Be located to provide convenient access to other bicycle facilities including showers and
change rooms.
ƒ Be fully enclosed.
ƒ Be able to be locked.
ƒ If outside, provide weather protection for the bicycle.

A bicycle locker must provide a bicycle parking space for at least one bicycle.
A bicycle compound must:

ƒ Include wall or floor rails for bicycle parking.


ƒ Provide an internal access path of at least 1.5 metres in width.

52.34-5 Bicycle signage


19/01/2006
VC37
If bicycle facilities are required by this clause, bicycle signage that directs the cyclists to the
bicycle facilities must be provided to the satisfaction of the responsible authority.
Bicycle signage should:

ƒ Be at least 0.3 metres wide and 0.45 metres high.


ƒ Display a white bicycle on a blue background on the top half of the sign.
ƒ Display information about the direction of facilities on the bottom half of the sign.

PARTICULAR PROVISIONS – CLAUSE 52.34 PAGE 4 OF 4


52.35 URBAN CONTEXT REPORT AND DESIGN RESPONSE FOR RESIDENTIAL
19/01/2006
VC37
DEVELOPMENT OF FOUR OR MORE STOREYS

Purpose

To ensure that an urban context report is prepared before a residential development of four
or more storeys is designed and that the design responds to the existing urban context and
preferred future development of the area.

52.35-01 Application requirements


19/01/2006
VC37
An application for a residential development of four or more storeys must be accompanied
by:

ƒ An urban context report.


ƒ A design response.

52.35-02 Urban context report


19/01/2006
VC37
The urban context report may use a site plan, photographs or other techniques and must
include:
An accurate description of:

ƒ Site shape, size, orientation and easements.


ƒ Levels and contours of the site and the difference in levels between the site and
surrounding properties.
ƒ The location and height of existing buildings on the site and surrounding properties.
ƒ The use of surrounding buildings.
ƒ The location of private open space of surrounding properties and the location of trees,
fences and other landscape elements.
ƒ Solar access to the site and to surrounding properties.
ƒ Views to and from the site.
ƒ Street frontage features such as poles, street trees and kerb crossovers.
ƒ The location of local shops, public transport services and public open spaces within
walking distance.
ƒ Movement systems through and around the site.
ƒ Any other notable feature or characteristic of the site.
An assessment of the characteristics of the area including:
ƒ Any environmental features such as vegetation, topography and significant views.
ƒ The pattern of subdivision.
ƒ Street design and landscape.
ƒ The pattern of development.
ƒ Building form, scale and rhythm.
ƒ Connection to the public realm.
ƒ Architectural style, building details and materials.
ƒ Social and economic activity.

PARTICULAR PROVISIONS - CLAUSE 52.35 PAGE 1 OF 2


ƒ Any other notable or cultural characteristics of the area.
A written statement that describes:

ƒ Any relevant housing, neighbourhood character, urban design and landscape plan,
strategy or policy set out in this scheme.
ƒ The strategic and local suitability of the site for residential development of four or more
storeys.
If in the opinion of the responsible authority a requirement of the urban context report is not
relevant to the evaluation of an application, the responsible authority may waive or reduce
the requirement.

52.35-03 Satisfactory urban context report


19/01/2006
VC37
The responsible authority must inform the applicant in writing:

ƒ Before notice of an application is given, or


ƒ If notice of an application is not required to be given, before deciding the application,
that the urban context report meets the requirements of Clause 52.35-02 and is satisfactory
or does not meet the requirements of Clause 52.35-02 and is not satisfactory.
If the responsible authority decides that the urban context report is not satisfactory, it may
require more information from the applicant under Section 54 of the Act.
The responsible authority must not require notice of an application to be given or decide an
application until it is satisfied that the urban context report meets the requirements of
Clause 52.35-02 and is satisfactory.
This does not apply if the responsible authority refuses an application under Section 52(1A)
of the Act.

52.35-04 Design response


19/01/2006
VC37
The design response must explain how the proposed design:

ƒ Responds to any relevant planning provision that applies to the land.


ƒ Responds to any relevant housing, neighbourhood character, urban design and
landscape plan, strategy or policy set out in this scheme.
ƒ Derives from and responds to the urban context report.
The design response must include correctly proportioned street elevations or photographs
showing the development in the context of adjacent buildings. If in the opinion of the
responsible authority this requirement is not relevant to the evaluation of an application, it
may waive or reduce the requirement.

PARTICULAR PROVISIONS - CLAUSE 52.35 PAGE 2 OF 2


52.36 INTEGRATED PUBLIC TRANSPORT PLANNING
15/09/2008
VC49
Purpose

To ensure development supports public transport usage.


To ensure that easily accessible public transport networks, which are appropriate to the
scale of the development, and high quality public transport infrastructure are provided as
part of new development.
To ensure that development incorporates safe, attractive and convenient pedestrian access
to public transport stops.
To ensure that development does not adversely affect the efficient, equitable and accessible
operation of public transport.

52.36-1 Referral requirement


15/09/2008
VC49
An application of the kind listed below must be referred in accordance with Section 55 of
the Act to the Director of Public Transport.
An application to subdivide land, to construct a building or to construct or carry out works
for any of the following:
 A residential development comprising 60 or more dwellings or lots.
 A residential building comprising 60 or more lodging rooms.
 A residential village comprising 60 or more dwellings.
 A retirement village comprising 60 or more dwellings or lots.
 A new retail premises of 4000 or more square metres of leasable floor area.
 An increase of more than 1000 square metres to the leasable floor area of an existing
retail premises which is 4000 or more square metres leasable floor area.
 An office development of 10,000 or more square metres of leasable floor area.
 A place of assembly comprising 400 or more seats or 600 or more square metres of
gross floor area.
 An education centre.
 A major sports and recreation facility.
 Any alteration or development of public transport infrastructure or stops.
This does not apply to:
 A proposal that, in the opinion of the responsible authority, satisfies requirements or
conditions previously agreed to in writing between the responsible authority and the
referral authority.
 A development consistent with an adopted Structure Plan that has been prepared in
consultation with and endorsed by the Public Transport Division of the Department of
Transport.

PARTICULAR PROVISIONS - CLAUSE 52.36 PAGE 1 OF 1


52.37 POST BOXES AND DRY STONE WALLS
15/12/2008
VC50
Purpose

To conserve historic post boxes and dry stone walls.

Permit requirement

A permit is required to demolish or remove a post box constructed before 1930.


A permit is required to demolish, remove or alter a dry stone wall constructed before 1940
on land specified in the schedule to this provision. This does not apply to:

 Dry stone structures other than walls and fences.


 The demolition or removal of a section of a dry stone wall to install a gate.
 The reconstruction of damaged or collapsing walls which are undertaken to the same
specifications and using the same materials as the existing walls.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

 The significance of the post box or dry stone wall.


 Any applicable heritage study, statement of significance and conservation policy.
 Whether the proposal will adversely affect the significance of the post box or dry stone
wall.
 Whether the proposal will adversely affect the significance, character or appearance of
the area.

PARTICULAR PROVISIONS - CLAUSE 52.37 PAGE 1 OF 1


52.38 2009 BUSHFIRE RECOVERY
14/05/2010
VC70 Purpose

To support recovery operations following the 2009 Victorian bushfires.

52.38-1 Scope
23/02/2009
VC53
This clause applies to a use or development specified in Clause 52.38-3 carried out for
the purposes of recovery from a bushfire that occurred after 1 January 2009.

52.38-2 Exemptions from planning scheme requirements


14/05/2010
VC70
Any requirement of the scheme to obtain a permit or any provision in the scheme which
prohibits the use or development of land or requires the use or development of land to be
carried out in a particular manner does not apply to a use or development specified in
Clause 52.38-3 provided the following requirements are met:
ƒ Works must only be constructed or carried out for bushfire recovery or in association
with the construction of a building under this provision to be used for temporary
accommodation.
ƒ A building constructed under this provision must only be used:
ƒ To provide temporary accommodation for a person or persons whose normal
place of residence was damaged or destroyed by bushfire; or
ƒ For a use that is directly associated with bushfire recovery.
ƒ A building constructed under this provision to be used for temporary accommodation
must be located on the same lot as a building used for accommodation that was
damaged or destroyed by bushfire unless the building is being constructed by or on
behalf of a municipality, the Victorian Bushfire Reconstruction and Recovery
Authority or other public authority.
ƒ The construction of a building or the construction or carrying out of works must be
completed prior to 31 March 2011.
ƒ Native vegetation must only be removed, destroyed or lopped:
ƒ To provide access to, make safe or remove building and demolition rubble from a
property; or
ƒ To enable emergency and bushfire recovery works undertaken by or on behalf of
a municipality, the Victorian Bushfire Reconstruction and Recovery Authority,
other public authority or a utility service provider in the exercise of any power
conferred on them under any Act.
ƒ Native vegetation must not be removed, destroyed or lopped after 31 March 2011.
ƒ Any sign displayed must be directly associated with bushfire recovery.
ƒ Any sign displayed must be removed prior to 31 March 2011.

52.38-3 Use and development


23/02/2009
VC53
The requirements of Clause 52.38-2 apply to the following types of development:
ƒ Demolition or removal of a building.
ƒ Construction of a building.
ƒ Construction or carrying out of works.
ƒ Removal, destruction or lopping of vegetation.
ƒ Display of a sign.
The requirements of Clause 52.38-2 apply to the following uses:

PARTICULAR PROVISIONS - CLAUSE 52.38 PAGE 1 OF 2


ƒ Temporary accommodation.
ƒ Any use directly associated with bushfire recovery.

52.38-4 Land in a Heritage Overlay


23/02/2009
VC53
For land within a Heritage Overlay, in addition to the requirements specified in Clause
52.38-2, the written authorisation of the responsible authority must be obtained prior to:
ƒ Demolishing or removing a building;
ƒ Externally altering a building by structural work;
ƒ Internally altering a building if the schedule to the Heritage Overlay identifies the
heritage place as one where internal alteration controls apply;
ƒ Carrying out works, repairs and routine maintenance which change the appearance of
a heritage place or which are not undertaken to the same details, specifications and
materials; or
ƒ Removing, destroying or lopping a tree if the schedule to the Heritage Overlay
identifies the heritage place as one where tree controls apply.

52.38-5 Land in a Land Management Overlay


23/02/2009
VC53
For land within a Floodway Overlay, Land Subject to Inundation Overlay or Special
Building Overlay, in addition to the requirements specified in Clause 52.38-2, the written
authorisation of the responsible authority must be obtained prior to constructing a
building or constructing and carrying out works.
For land within an Erosion Management Overlay, in addition to the requirements
specified in Clause 52.38-2, the written authorisation of the responsible authority must be
obtained prior to:
ƒ Constructing a building or constructing and carrying out works; or
ƒ Removing, destroying or lopping vegetation.

52.38-6 Land in an Environmental Audit Overlay


23/02/2009
VC53 For land within an Environmental Audit Overlay, in addition to the requirements
specified in Clause 52.38-2, the written authorisation of the responsible authority must be
obtained prior to commencing a sensitive use (residential use, child care centre, pre
school centre or primary school).

52.38-7 Cessation of use


14/05/2010
VC70
A use must not continue after 31 March 2012 unless in accordance with the requirements
of this scheme.
A building must not be used after 31 March 2012 unless in accordance with the
requirements of this scheme.

Decision guidelines

Before deciding on an application to allow the retention or continuing use of a building,


in addition to the decision guidelines in Clause 65 and any other requirements of the Act,
the responsible authority must consider the extent to which compliance can be
reasonably achieved with all requirements of this scheme.

PARTICULAR PROVISIONS - CLAUSE 52.38 PAGE 2 OF 2


52.39 2009 BUSHFIRE - REPLACEMENT BUILDINGS
14/05/2009
VC57
Purpose

To support the rebuilding of dwellings, dependent persons’ units and buildings used for
agriculture damaged or destroyed by the 2009 Victorian bushfires.

52.39-1 Scope
14/05/2009
VC57
This clause applies to:
ƒ The construction of a building or the construction and carrying out of works,
associated with rebuilding:

ƒ a dwelling or dependent person’s unit; or

ƒ a building used for agriculture,

that was damaged or destroyed by a bushfire that occurred between 1 January 2009 and
31 March 2009.
ƒ The use of land for:

ƒ a dwelling or dependent person’s unit that is rebuilt in accordance with this


clause; or

ƒ agriculture to the extent that the use relates to a building that was destroyed by a
bushfire that occurred between 1 January 2009 and 31 March 2009 and that use
cannot continue unless that building is rebuilt.

ƒ The removal, destruction or lopping of vegetation to enable the construction, use and
maintenance of a building rebuilt in accordance with this Clause.

This clause does not apply to land in a Heritage Overlay.


For the avoidance of doubt, any planning permit exemption provided by the scheme
continues to apply to the use and development specified in this Clause.
If any use or development is within the scope of both this Clause 52.39 and Clause 52.38,
then this Clause 52.39 prevails over Clause 52.38 in the event of any inconsistency.

52.39-2 Exemption from planning scheme requirements


14/05/2009
VC57
Any requirement of the scheme to obtain a permit or any provision in the scheme which
prohibits the use or development of land or requires the use or development of land to be
carried out in a particular manner does not apply to the use and development specified in
Clause 52.39-1 provided the following requirements are met:

Site plan

ƒ Before the commencement of construction of a building or the construction or


carrying out of works, a site plan must be provided to and approved by the
responsible authority. The site plan must show:

ƒ The boundaries of the property.

ƒ The location of any damaged or destroyed dwelling, dependent person’s unit or


building used for agriculture.

ƒ The proposed location of the replacement dwelling, dependent person’s unit or


building used for agriculture.

ƒ The existing and proposed access to the lot.

PARTICULAR PROVISIONS - CLAUSE 52.39 PAGE 1 OF 3


ƒ Vegetation to be removed destroyed or lopped to enable rebuilding including
construction of vehicle access, water storage and waste water treatment.

ƒ For replacement dwellings and dependent persons’ units on land in a Farming


Zone, Rural Conservation Zone, Rural Activity Zone, Green Wedge Zone, Green
Wedge A Zone or the Rural Living Zone:

ƒ The location and dimensions of vehicle access.

ƒ The location and storage of water for potable and fire fighting purposes if the
dwelling or dependent person’s unit cannot be connected to a reticulated potable
water supply.

ƒ The location of the waste water treatment system if waste water is to be retained
and treated on site.

ƒ The site plan must be submitted to the responsible authority by 30 April 2012.

Commencement of development

ƒ The development must commence within two years after the approval of a site plan
by the responsible authority and must be completed within two years after the
development commences. The responsible authority may allow an extension of time
on the request of the owner or the occupier of the land to which the approved site
plan applies, provided that request is made before the expiry of the applicable period
or within three months of the expiry of the applicable period.

Compliance with site plan

ƒ The development must comply with the approved site plan.

Use and development conditions

ƒ The land must not be used for more than the number of dwellings or dependent
persons’ units that were damaged or destroyed.

ƒ The removal, destruction or lopping of vegetation to enable the maintenance of a


building must not exceed 10 metres beyond the building.

ƒ For land in the Farming Zone, Rural Conservation Zone, Rural Activity Zone, Green
Wedge Zone, Green Wedge A Zone or the Rural Living Zone:

ƒ Access to the dwelling or dependent person’s unit must be provided via an all
weather road with dimensions adequate to accommodate emergency vehicles.

ƒ The dwelling or dependent person’s unit must be connected to a reticulated


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

ƒ The dwelling or dependent person’s unit must be connected to a reticulated


potable water supply or have an alternative potable water supply with adequate
storage for domestic use as well as for fire fighting purposes.

ƒ The dwelling or dependent person’s unit must be connected to a reticulated


electricity supply or have an alternative energy source.

ƒ A building must be constructed of materials that are non-reflective and of muted


tones in the following locations:

ƒ Land in an Environmental Significance Overlay, Design and Development


Overlay or Significant Landscape Overlay.

PARTICULAR PROVISIONS - CLAUSE 52.39 PAGE 2 OF 3


ƒ Land in a Green Wedge Zone, Green Wedge A Zone or Rural Conservation Zone
in the municipal districts of the Shire of Yarra Ranges and the Shire of Nillumbik.

ƒ For land in a Restructure Overlay, a building must be consistent with any Restructure
Plan.

ƒ For land adjacent to a Road Zone, Category 1, or Land in a Public Acquisition


Overlay if the purpose of acquisition is for a Category 1 road, access must not be
created or altered.

52.39-3 Land in an Erosion Management Overlay


14/05/2009
VC57
For land in an Erosion Management Overlay in the municipal district of the Shire of
Yarra Ranges, in addition to the requirements specified in Clause 52.39-2, the written
authorisation of the responsible authority must be obtained prior to:
ƒ Constructing a building or constructing and carrying out works; or

ƒ Removing, destroying or lopping vegetation.

52.39-4 Land in a Floodway Overlay, Land Subject to Inundation Overlay or Special


14/05/2009 Building Overlay
VC57

For land in a Floodway Overlay, Land Subject to Inundation Overlay or Special Building
Overlay, in addition to the requirements specified in Clause 52.39-2, the written
authorisation of the relevant flood plain management authority must be obtained prior to
the commencement of construction of a building or the construction or carrying out of
works.

52.39-5 Decision guidelines


14/05/2009
VC57
Before deciding on approval of the site plan, in addition to the decision guidelines in
Clause 65 and any other requirements of the Act, the responsible authority must consider,
as appropriate:
ƒ The extent to which the siting of the building and associated development can
reasonably achieve compliance with other relevant requirements of this scheme.

ƒ The extent to which the replacement dwelling or dependent person’s unit can be
located on the land to assist the minimisation of risk to life and property from
bushfire.

PARTICULAR PROVISIONS - CLAUSE 52.39 PAGE 3 OF 3


52.40 GOVERNMENT FUNDED EDUCATION FACILITIES
22/05/2009
VC56 Purpose

To support the development of educational facilities and associated infrastructure in


Victorian Schools under the Building the Education Revolution program funded by the
Commonwealth’s Nation Building Economic Stimulus Plan.

52.40-1 Scope
22/05/2009
VC56
This clause applies to the construction of buildings or the construction or carrying out of
works carried out by or on behalf of an education centre and recommended for funding
under the Commonwealth Building the Education Revolution (BER) program.
Where certification requirements are met the construction of buildings and the carrying
out of works does not require a planning permit.
Where the requirements of certification are not met, or where land is affected by an
overlay, plans must be submitted for approval to the satisfaction of the responsible
authority. A planning permit is not required.

52.40-2 Exemption from planning scheme requirements - certification


22/05/2009
VC56
Any requirement of the scheme to obtain a permit or any provision in the scheme which
prohibits demolition, buildings and works or requires the buildings and works to be
carried out in a particular manner does not apply to buildings and works specified in
Clause 52.40–1 provided all of the following requirements are met:
 The buildings and works are not within green wedge land as defined in section
46AC of the Planning and Environment Act 1987.

 The buildings and works are set back at least 5 metres from any property boundary.

 For buildings and works that are set back between 5 and less than 20 metres from a
property boundary, the development does not exceed 8.5 metres in height.

 For buildings and works that are set back 20 metres or more from a property
boundary, the development does not exceed 12 metres in height.

 Any window is located and designed to avoid direct views into the secluded private
open space and habitable room windows of an existing dwelling within a horizontal
distance of 9 metres (measured at ground level) of the window, except where it
either:-

 Has a sill height of at least 1.7 metres above floor level.


 Has fixed, obscure glazing in any part of the window below 1.7 metres above
floor level.
 Has permanently fixed external screens to at least 1.7 metres above floor level.
 The buildings and works does not result in a change to the existing traffic access
arrangements or changes to the number of car parking spaces provided on site.

 Native vegetation is not removed, destroyed or lopped, except where:-

 It is exempt under Clause 52.17-6.


 There are no more than 5 trees to be removed if each tree has a trunk diameter
of less than 40 centimetres, as measured at a height of 1.3 metres above
ground level.
 The buildings and works are not affected by any planning scheme overlay.

A building and works which accords with all the above requirements must be certified by
a qualified building surveyor. The certified plans must be signed and dated.

PARTICULAR PROVISIONS - CLAUSE 52.40 PAGE 1 OF 3


Where the requirements of certification are not met or where land is affected by an
overlay, plans must be submitted for approval to the satisfaction of the responsible
authority in accordance with Clause 52.40-4.

52.40-3 Information requirements


22/05/2009
VC56
Plans submitted for certification or approved to the satisfaction of the responsible
authority in accordance with Clause 52.40-2 and 52.40-4 must contain the following
information:
 An identifying plan number and date, title, scale and orientation.

 The boundaries and dimensions of the whole site.

 The location and use of buildings and works on the site and adjoining land.

 Layout of existing buildings and works, and the layout and floor plan of the
proposed development.

 Dimensioned setback distances from the proposed development to all site


boundaries.

 Extent of any proposed building demolition and structures to remain.

 Elevations of the proposed buildings and works on the site including proposed
alterations and additions to existing buildings.

 A schedule of materials, colours and finishes of external surfaces.

 The location of existing vegetation and details of any vegetation removal including
lopping.

Where plans are submitted for approval to the satisfaction of the responsible authority in
accordance with Clause 52.40-4 the responsible authority may waive or reduce these
requirements.

52.40-4 Plans approved to the satisfaction of the responsible authority


22/05/2009
VC56
Any requirement of the scheme to obtain a permit or any provision in the scheme which
prohibits demolition, buildings and works or requires the buildings and works to be
carried out in a particular manner does not apply to buildings and works specified in
Clause 52.40–1 and where approved to the satisfaction of the responsible authority.
Where any of the requirements of Clause 52.40-2 are not met, or where land is affected
by an overlay, plans must be submitted and approved to the satisfaction of the
responsible authority. The plans submitted to the responsible authority must include the
following requirements:
 For land within a Floodway Overlay, Special Building Overlay or Land Subject to
Inundation Overlay, be accompanied by the written authorisation of the relevant
floodplain management authority.

 For land within a Heritage Overlay, be accompanied by a report or statement


addressing the impact of the proposed works on the heritage significance of the site.

 For land within a Vegetation Protection Overlay, Environmental Significance


Overlay or Significant Landscape Overlay be accompanied by a report or statement
prepared by a suitably qualified consultant addressing the impact of the proposed
works and/or vegetation removal on the relevant statement of significance and
objectives of the overlay.

 For land within a Development Plan Overlay or Incorporated Plan Overlay be


accompanied by a copy of the approved Development Plan or Incorporated Plan,
where applicable.

PARTICULAR PROVISIONS - CLAUSE 52.40 PAGE 2 OF 3


 For land within an Airport Environs Overlay, Melbourne Airport Environs Overlay,
City Link Project Overlay, Public Acquisition Overlay, Wildfire Management
Overlay, Salinity Management Overlay, State Resource Overlay, be accompanied
by the written authorisation of the relevant management authority.

 For land within any other overlay, be accompanied by a statement or report


addressing the impact of the proposed buildings and works on the relevant purposes
and decision guidelines of the overlay.

 For any buildings and works which include a change to traffic access, a traffic
report prepared by a suitably qualified consultant is required to be submitted to the
responsible authority.

The responsible authority may waive or reduce any of these requirements.

52.40-5 Lodgement of plans


22/05/2009
VC56
Once certified by a qualified building surveyor or approved by the responsible authority,
the school must lodge a copy of the plans with the relevant council, together with written
confirmation that the BER funding has been granted, prior to the commencement of the
buildings and works.
The buildings and works must be constructed in accordance with the certified plans.

52.40-6 Decision Guidelines


22/05/2009
VC56
Before determining that the plans submitted under Clause 52.40-4 are to the satisfaction
of the responsible authority, in addition to the decision guidelines in Clause 65 and any
other requirements of the Act, the responsible authority must consider, as appropriate:
 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.

 The extent to which the development is generally in accordance with the strategic
intent of any approved Development Plan, Incorporated Plan or relevant Structure
Plan for the site.

 The impact of the buildings and works on the amenity of the surrounding area
including overlooking, overshadowing and neighbourhood character.

 The purposes and decision guidelines of any planning scheme zone or overlay
affecting the site.

 Any comments from the relevant council.

52.40-7 Transitional arrangements


22/05/2009
VC56 The requirements of the planning scheme as in force immediately before 22 May 2009
continue to apply to a permit application for buildings and works carried out by or on
behalf of an education centre, to which this clause would otherwise apply, made before
that date.

52.40-8 Expiry
22/05/2009
VC56
The provisions of this Clause will expire on 30 June 2012.

Notes: In accordance with Clause 61.01 the Minister for Planning is the Responsible Authority
for buildings and, or works in education centres that are proposed to be funded under
the Building the Education Revolution program.

PARTICULAR PROVISIONS - CLAUSE 52.40 PAGE 3 OF 3


52.41 GOVERNMENT FUNDED SOCIAL HOUSING
22/05/2009
VC56
Purpose

To support the development of social housing projects funded under the


Commonwealth’s Nation Building Economic Stimulus Plan.

52.41-1 Scope
22/05/2009
VC56 This clause applies to the use or development of land for accommodation recommended
for funding by the Department of Human Services (Office of Housing Victoria) under the
Social Housing Initiative of the Commonwealth’s Nation Building Economic Stimulus
Plan.

52.41-2 Application requirements


22/05/2009
VC56 An application to use land, construct a building or carry out works must be accompanied
by the following information, as appropriate:
 Written confirmation from the Department of Human Services (Office of Housing
Victoria) that the application is a priority project and recommended for funding
under the Social Housing Initiative of the Commonwealth’s Nation Building
Economic Stimulus Plan.

 Certification from a suitably qualified town planning consultant declaring that the
application lodged with the Minister for Planning:

 Is consistent with the State Planning Policy Framework and the Local
Planning Policy Framework, including the Municipal Strategic Statement and
local planning policies.
 Contains all necessary information to enable the Minister for Planning to make
a decision on the proposal (including assessment against the requirements of
Clauses 54.01 and 55.01 in relation to neighbourhood and site description and
design response, as appropriate).
The responsible authority may waive or reduce these requirements.

52.41-3 Exemption from notice and review


22/05/2009
VC56
An application under any provision of the scheme to use land, construct a building or
carry out works for accommodation is exempt from the notice requirements of Section 52
(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review
rights of Section 82(1) of the Act if the application is accompanied by written
confirmation from the Department of Human Services (Office of Housing Victoria) that
the application is a priority project and has been recommended for funding under the
Social Housing Initiative of the Commonwealth’s Nation Building Economic Stimulus
Plan.

52.41-4 Decision Guidelines


22/05/2009
VC56 Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.

 Any comments from the relevant council.

PARTICULAR PROVISIONS - CLAUSE 52.41 PAGE 1 OF 2


52.41-5 Transitional arrangements
22/05/2009
VC56
The requirements of the planning scheme as in force immediately before 22 May 2009
continue to apply to a permit application for use and development for accommodation, to
which this clause would otherwise apply, made before that date.

52.41-6 Expiry
22/05/2009
VC56 The provisions of this Clause will expire on 30 June 2012.

Notes: In accordance with Clause 61.01 the Minister for Planning is the Responsible Authority
for applications for the use of land for accommodation, or for buildings and works in
association with the use of land for accommodation, that have been recommended for
funding under the Social Housing Initiative of the Commonwealth’s Nation Building
Economic Stimulus Plan.

PARTICULAR PROVISIONS - CLAUSE 52.41 PAGE 2 OF 2


52.42 RENEWABLE ENERGY FACILITY (OTHER THAN WIND ENERGY FACILITY
21/09/2009
VC60
AND GEOTHERMAL ENERGY EXTRACTION)

Purpose

To facilitate the establishment and expansion of renewable energy facilities, in appropriate


locations, with minimal impact on the amenity of the area.

52.42-1 Scope
21/09/2009
VC60
This clause applies to land used and developed or proposed to be used and developed for a
renewable energy facility.

52.42-2 Application requirements


21/09/2009
VC60
An application must be accompanied by the following information, as appropriate:
ƒ A site and context analysis, including:
ƒ A site plan, photographs or other techniques to accurately describe the site and the
surrounding area.
ƒ A location plan showing the full site area, local electricity grid, access roads to the
site and direction and distance to nearby accommodation, hospital or education
centre.
ƒ A design response, including:
ƒ Detailed plans of the proposed development including, the layout and height of the
facility and associated building and works, materials, reflectivity, colour, lighting,
landscaping, the electricity distribution starting point (where the electricity will
enter the distribution system), access roads and parking areas.
ƒ Accurate visual simulations illustrating the development in the context of the
surrounding area and from key public view points.
ƒ The extent of vegetation removal and a rehabilitation plan for the site.
ƒ A written report(s), including:
ƒ An explanation of how the proposed design derives from and responds to the site
analysis.
ƒ A description of the proposal, including the types of process to be utilised,
materials to be stored and the treatment of waste.
ƒ Whether a Works Approval or Licence is required from the Environment
Protection Authority.
ƒ An assessment of:
ƒ the potential amenity impacts such as noise, glint, light spill, emissions to
air, land or water, vibration, smell and electromagnetic interference.
ƒ the effect of traffic to be generated on roads.
ƒ the impact upon Aboriginal or non-Aboriginal cultural heritage.
ƒ the impact of the proposal on any species listed under the Flora and Fauna
Guarantee Act 1988 or Environment Protection and Biodiversity
Conservation Act 1999.

PARTICULAR PROVISIONS - CLAUSE 52.42 PAGE 1 OF 2


ƒ A statement of why the site is suitable for a renewable energy facility including,
a calculation of the greenhouse benefits.
ƒ An environmental management plan including, a construction management plan,
any rehabilitation and monitoring.

52.42-3 Decision guidelines


21/09/2009
VC60
Before deciding on an application, in addition to the decision guidelines of Clause 65, the
responsible authority must consider, as appropriate:
ƒ The effect of the proposal on the surrounding area in terms of noise, glint, light spill,
vibration, smell and electromagnetic interference
ƒ The impact of the proposal on significant views, including visual corridors and
sightlines.
ƒ The impact of the proposal on the natural environment and natural systems.
ƒ Whether the proposal will require traffic management measures.

PARTICULAR PROVISIONS - CLAUSE 52.42 PAGE 2 OF 2


52.43 INTERIM MEASURES FOR BUSHFIRE PROTECTION
22/01/2010
VC65
Purpose

To enable the removal, destruction or lopping of vegetation to reduce fuel load around
existing buildings used for accommodation, adjacent to existing fences on property
boundaries and on roadsides to assist with minimising risk to life and property from
bushfire.

52.43-1 Exemption from planning scheme and planning permit requirements


22/01/2010
VC65
Any requirement of a planning permit, including any condition, which has the effect of
prohibiting the removal, destruction or lopping of vegetation, or any requirement of the
planning scheme to obtain a planning permit or any provision in the planning scheme
which prohibits the removal, destruction or lopping of vegetation or requires the
removal, destruction or lopping of vegetation to be carried out in a particular manner,
does not apply to the following measures for bushfire protection:
ƒ The removal, destruction or lopping of any vegetation within 10 metres of an existing
building used for accommodation that was:
ƒ constructed before 10 September 2009; or
ƒ approved by a planning permit issued under this planning scheme before 10
September 2009; or
ƒ approved by a building permit issued under the Building Act 1993 before 10
September 2009.
ƒ The removal, destruction or lopping of any vegetation, except for trees, within 30
metres of an existing building used for accommodation:
ƒ constructed before 10 September 2009; or
ƒ approved by a planning permit issued under this planning scheme before 10
September 2009; or
ƒ approved by a building permit issued under the Building Act 1993 before 10
September 2009.
ƒ The removal, destruction or lopping of any vegetation for a combined maximum
width of 4 metres either side of an existing fence on a boundary between properties in
different ownership that was constructed before 10 September 2009.
ƒ Fuel reduction burning on the roadside of an existing public road.
ƒ The removal of fallen wood for personal use from the roadside of an existing public
road.
This clause does not apply to the area covered by the Banyule, Bayside, Boroondara,
Brimbank, Darebin, Glen Eira, Greater Dandenong, Hobsons Bay, Kingston, Knox,
Maribyrnong, Maroondah, Melbourne, Monash, Moonee Valley, Moreland, Port of
Melbourne, Port Phillip, Stonnington, Whitehorse and Yarra Planning Schemes.
For the avoidance of doubt any planning permit exemption provided by the planning
scheme for the removal, destruction or lopping of vegetation continues to apply.

52.43-2 Expiry
10/09/2009
VC61
The provisions of this clause will expire on 31 August 2010.

PARTICULAR PROVISIONS - CLAUSE 52.43 PAGE 1 OF 1


53 UPPER YARRA VALLEY AND DANDENONG RANGES REGION
19/01/2006
VC37

Purpose

To facilitate consistency between the Yarra Ranges Planning Scheme and the Upper Yarra
Valley and Dandenong Ranges Regional Strategy Plan in accordance with Section 46F of
the Planning and Environment Act 1987.

PARTICULAR PROVISIONS - CLAUSE 53 PAGE 1 OF 2


53.01 UPPER YARRA VALLEY AND DANDENONG RANGES REGION PROVISIONS
30/08/2006
VC40
Scope

If there is an inconsistency between any provision in the schedule to this clause and any
other clause or provision of the Yarra Ranges Planning Scheme, the requirements of the
schedule to this clause prevail.

53.01-1 Permit requirement


30/08/2006
VC40
A permit is required to:

 Construct a building or construct or carry out works. This does not apply if the schedule
to this clause specifically states that a permit is not required.
 Remove, destroy or lop any vegetation. This does not apply if the schedule to this
clause specifically states that a permit is not required.
Any permit issued must meet the requirements of the schedule to this clause.

53.01-2 Use of land


30/08/2006
VC40
The use of land must meet the requirements of the schedule to this clause.

53.01-3 Subdivision of land


30/08/2006
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The subdivision of land must meet the requirements of the schedule to this clause.

53.01-4 Decision guidelines


30/08/2006
VC40
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider the State Planning Policy Framework and the Local
Planning Policy Framework, including the Municipal Strategic Statement and local planning
policies.

PARTICULAR PROVISIONS - CLAUSE 53 PAGE 2 OF 2


54 ONE DWELLING ON A LOT
19/01/2006
VC37

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To achieve residential development that respects the existing neighbourhood character or
which contributes to a preferred neighbourhood character.
To encourage residential development that provides reasonable standards of amenity for
existing and new residents.
To encourage residential development that is responsive to the site and the neighbourhood.

Application

These provisions apply to an application to construct a building or construct or carry out


works associated with one dwelling on a lot under the provisions of:
ƒ A Residential 1 Zone, Residential 2 Zone, Residential 3 Zone, Mixed Use Zone or
Township Zone.
ƒ A Neighbourhood Character Overlay if the land is in a Residential 1 Zone, Residential 2
Zone, Residential 3 Zone, Mixed Use Zone or Township Zone.

Operation

The provisions of this clause contain:


ƒ Objectives. An objective describes the desired outcome to be achieved in the completed
development.
ƒ Standards. A standard contains the requirements to meet the objective.
A standard should normally be met. However, if the responsible authority is satisfied
that an application for an alternative design solution meets the objective, the alternative
design solution may be considered.
ƒ Decision guidelines. The decision guidelines set out the matters that the responsible
authority must consider before deciding if an application meets the objectives.

Requirements

A development:
ƒ Must meet all of the objectives of this clause.
ƒ Should meet all of the standards of this clause.

If the schedule to a zone specifies a requirement of a standard different from a requirement


set out in this clause, the requirement in the schedule to the zone applies.
If the land is included in a Neighbourhood Character Overlay and a schedule to the overlay
specifies a requirement of a standard different from a requirement set out in this clause or a
requirement in the schedule to a zone, the requirement in the schedule to the overlay
applies.
If the land is included in an overlay, other than a Neighbourhood Character Overlay, and a
schedule to the overlay specifies a requirement different from a requirement of a standard
set out in this clause or a requirement of a standard set out in the schedule to a zone, the
requirement in the overlay applies.

PARTICULAR PROVISIONS - CLAUSE 54 PAGE 1 OF 1


54.01 NEIGHBOURHOOD AND SITE DESCRIPTION AND DESIGN RESPONSE
19/01/2006
VC37
An application must be accompanied by:

ƒ A neighbourhood and site description.


ƒ A design response.

54.01-1 Neighbourhood and site description


19/01/2006
VC37
The neighbourhood and site description may use a site plan, photographs or other
techniques and must accurately describe:

ƒ In relation to the neighbourhood:


ƒ The built form, scale and character of surrounding development including front
fencing.
ƒ Architectural and roof styles.
ƒ Any other notable features or characteristics of the neighbourhood.
ƒ In relation to the site:
ƒ Site shape, size, orientation and easements.
ƒ Levels of the site and the difference in levels between the site and surrounding
properties.
ƒ Location of existing buildings on the site and on surrounding properties, including
the location and height of walls built to the boundary of the site.
ƒ The use of surrounding buildings.
ƒ The location of secluded private open space and habitable room windows of
surrounding properties which have an outlook to the site within 9 metres.
ƒ Solar access to the site and to surrounding properties.
ƒ Location of significant trees existing on the site and any significant trees removed
from the site in the 12 months prior to the application being made, where known.
ƒ Any contaminated soils and filled areas, where known.
ƒ Views to and from the site.
ƒ Street frontage features such as poles, street trees and kerb crossovers.
ƒ Any other notable features or characteristics of the site.
If in the opinion of the responsible authority a requirement of the neighbourhood and site
description is not relevant to the evaluation of an application, the responsible authority may
waive or reduce the requirement.

Satisfactory neighbourhood and site description

The responsible authority must inform the applicant in writing:

ƒ Before notice of an application is given, or


ƒ If notice of an application is not required to be given, before deciding the application,
that the neighbourhood and site description meets the requirements of Clause 54.01-1 and is
satisfactory or does not meet the requirements of Clause 54.01-1 and is not satisfactory.

PARTICULAR PROVISIONS - CLAUSE 54.01 PAGE 1 OF 2


If the responsible authority decides that the neighbourhood and site description is not
satisfactory, it may require more information from the applicant under Section 54 of the
Act.
The responsible authority must not require notice of an application to be given or decide an
application until it is satisfied that the neighbourhood and site description meets the
requirements of Clause 54.01-1 and is satisfactory.
This does not apply if the responsible authority refuses an application under Section 52(1A)
of the Act.

54.01-2 Design response


19/01/2006
VC37
The design response must explain how the proposed design:

ƒ Derives from and responds to the neighbourhood and site description.


ƒ Meets the objectives of Clause 54.
ƒ Responds to any neighbourhood character features for the area identified in a local
planning policy or a Neighbourhood Character Overlay.
The design response must include correctly proportioned street elevations or photographs
showing the development in the context of adjacent buildings. If in the opinion of the
responsible authority this requirement is not relevant to the evaluation of an application, it
may waive or reduce the requirement.

PARTICULAR PROVISIONS - CLAUSE 54.01 PAGE 2 OF 2


54.02 NEIGHBOURHOOD CHARACTER
19/01/2006
VC37

54.02-1 Neighbourhood character objective


19/01/2006
VC37
To ensure that the design respects the existing neighbourhood character or contributes to a
preferred neighbourhood character.
To ensure that the design responds to the features of the site and the surrounding area.

Standard A1

The design response must be appropriate to the neighbourhood and the site.
The proposed design must respect the existing or preferred neighbourhood character and
respond to the features of the site.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ Any relevant neighbourhood character objective, policy or statement set out in this
scheme.
ƒ The neighbourhood and site description.
ƒ The design response.

54.02-2 Integration with the street objective


19/01/2006
VC37
To integrate the layout of development with the street.

Standard A2

Dwellings should be oriented to front existing and proposed streets.


High fencing in front of dwellings should be avoided if practicable.
Dwellings should be designed to promote the observation of abutting streets and any
abutting public open spaces.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ Any relevant neighbourhood character objective, policy or statement set out in this
scheme.
ƒ The design response.

PARTICULAR PROVISIONS - CLAUSE 54.02 PAGE 1 OF 1


54.03 SITE LAYOUT AND BUILDING MASSING
19/01/2006
VC37

54.03-1 Street setback objective


19/01/2006
VC37
To ensure that the setbacks of buildings from a street respect the existing or preferred
neighbourhood character and make efficient use of the site.

Standard A3

Walls of buildings should be set back from streets:

ƒ At least the distance specified in the schedule to the zone, or


ƒ If no distance is specified in the schedule to the zone, the distance specified in Table
A1.

Porches, pergolas and verandahs that are less than 3.6 metres high and eaves may encroach
not more than 2.5 metres into the setbacks of this standard.

Table A1 Street setback


DEVELOPMENT MINIMUM SETBACK MINIMUM SETBACK
CONTEXT FROM FRONT STREET FROM A SIDE STREET
(METRES) (METRES)

There is an existing building The average distance of the Not applicable


on both the abutting setbacks of the front walls
allotments facing the same of the existing buildings on
street, and the site is not on the abutting allotments
a corner. facing the front street or 9
metres, whichever is the
lesser.

There is an existing building The same distance as the Not applicable


on one abutting allotment setback of the front wall of
facing the same street and the existing building on the
no existing building on the abutting allotment facing
other abutting allotment the front street or 9 metres,
facing the same street, and whichever is the lesser.
the site is not on a corner.

There is no existing building 6 metres for streets in a Not applicable


on either of the abutting Road Zone, Category 1,
allotments facing the same and 4 metres for other
street, and the site is not on streets.
a corner.

PARTICULAR PROVISIONS - CLAUSE 54.03 PAGE 1 OF 5


DEVELOPMENT MINIMUM SETBACK MINIMUM SETBACK
CONTEXT FROM FRONT STREET FROM A SIDE STREET
(METRES) (METRES)

The site is on a corner. If there is a building on the The same distance as the
abutting allotment facing setback of the front wall of
the front street, the same any existing building on the
distance as the setback of abutting allotment facing
the front wall of the existing the side street or 2 metres,
building on the abutting whichever is the lesser.
allotment facing the front
street or 9 metres,
whichever is the lesser.

If there is no building on the


abutting allotment facing
the front street, 6 metres for
streets in a Road Zone,
Category 1, and 4 metres
for other streets.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ Any relevant neighbourhood character objective, policy or statement set out in this
scheme.
ƒ The design response.
ƒ Whether a different setback would be more appropriate taking into account the
prevailing setbacks of existing buildings on nearby lots.
ƒ The visual impact of the building when viewed from the street and from adjoining
properties.
ƒ The value of retaining vegetation within the front setback.

54.03-2 Building height objective


19/01/2006
VC37
To ensure that the height of buildings respects the existing or preferred neighbourhood
character.

Standard A4

The maximum building height should not exceed the maximum height specified in the
zone, schedule to the zone or an overlay that applies to the land.
If no maximum height is specified in the zone, schedule to the zone or an overlay, the
maximum building height should not exceed 9 metres, unless the slope of the natural
ground level at any cross section wider than 8 metres of the site of the building is 2.5
degrees or more, in which case the maximum building height should not exceed 10 metres.

Changes of building height between existing buildings and new buildings should be
graduated.

Decision guidelines

PARTICULAR PROVISIONS - CLAUSE 54.03 PAGE 2 OF 5


Before deciding on an application, the responsible authority must consider:

ƒ Any relevant neighbourhood character objective, policy or statement set out in this
scheme.
ƒ The design response.
ƒ The effect of the slope of the site on the height of the building.
ƒ The relationship between the proposed building height and the height of existing
adjacent buildings.
ƒ The visual impact of the building when viewed from the street and from adjoining
properties.

54.03-3 Site coverage objective


19/01/2006
VC37
To ensure that the site coverage respects the existing or preferred neighbourhood character
and responds to the features of the site.

Standard A5

The site area covered by buildings should not exceed:

ƒ The maximum site coverage specified in the schedule to the zone, or


ƒ If no maximum site coverage is specified in the schedule to the zone, 60 per cent.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ Any relevant neighbourhood character objective, policy or statement set out in this
scheme.
ƒ The design response.
ƒ The existing site coverage and any constraints imposed by existing development or the
features of the site.
ƒ The site coverage of adjacent properties.
ƒ The effect of the visual bulk of the building and whether this is acceptable in the
neighbourhood.

54.03-4 Permeability objectives


19/01/2006
VC37
To reduce the impact of increased stormwater run-off on the drainage system.
To facilitate on-site stormwater infiltration.

Standard A6

At least 20 per cent of the site should not be covered by impervious surfaces.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ The design response.

PARTICULAR PROVISIONS - CLAUSE 54.03 PAGE 3 OF 5


ƒ The existing site coverage and any constraints imposed by existing development.
ƒ The capacity of the drainage network to accommodate additional stormwater.
ƒ The capacity of the site to absorb run-off.
ƒ The practicality of achieving at least 20 per cent site coverage of pervious surfaces,
particularly on lots of less than 300 square metres.

54.03-5 Energy efficiency protection objectives


19/01/2006
VC37
To achieve and protect energy efficient dwellings.
To ensure the orientation and layout of development reduce fossil fuel energy use and make
appropriate use of daylight and solar energy.

Standard A7

Buildings should be:

ƒ Oriented to make appropriate use of solar energy.


ƒ Sited and designed to ensure that the energy efficiency of existing dwellings on
adjoining lots is not unreasonably reduced.
Living areas and private open space should be located on the north side of the dwelling, if
practicable.
Dwellings should be designed so that solar access to north-facing windows is maximised.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ The design response.


ƒ The size, orientation and slope of the lot.
ƒ The existing amount of solar access to abutting properties.
ƒ The availability of solar access to north-facing windows on the site.

54.03-6 Significant trees objectives


19/01/2006
VC37
To encourage development that respects the landscape character of the neighbourhood.
To encourage the retention of significant trees on the site.

Standard A8

Development should provide for the retention or planting of trees, where these are part of
the neighbourhood character.
Development should provide for the replacement of any significant trees that have been
removed in the 12 months prior to the application being made.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ Any relevant neighbourhood character objective, policy or statement set out in this
scheme.

PARTICULAR PROVISIONS - CLAUSE 54.03 PAGE 4 OF 5


ƒ The design response.
ƒ The health of any trees that were removed or are proposed to be removed.
ƒ Whether a tree was removed to gain a development advantage.

54.03-7 Parking objective


19/01/2006
VC37
To ensure that car parking is adequate for the needs of residents.

Standard A9

Two car spaces should be provided per dwelling with:

ƒ One space at least 6 metres long and 3.5 metres wide and covered or capable of being
covered.
ƒ The second space at least 4.9 metres long and 2.6 metres wide.
If the car spaces are provided in a garage, carport or otherwise constrained by walls, a
double space may be 5.5 metres wide measured inside the garage or carport.
A building may project into a car space if it is at least 2.1 metres above the space.
The requirements of this standard do not apply to extensions to existing dwellings.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ The likely needs of users.


ƒ The practicality of providing car parking on the site, particularly for lots of less than
300 square metres.
ƒ The reduction of on-street car parking spaces resulting from the provision of car parking
on the site, particularly for lots of less than 300 square metres.
ƒ The availability of public transport and on-street parking.
ƒ Any relevant local planning policy or parking precinct plan.

PARTICULAR PROVISIONS - CLAUSE 54.03 PAGE 5 OF 5


54.04 AMENITY IMPACTS
19/01/2006
VC37

54.04-1 Side and rear setbacks objective


19/01/2006
VC37
To ensure that the height and setback of a building from a boundary respects the existing or
preferred neighbourhood character and limits the impact on the amenity of existing
dwellings.

Standard A10

A new building not on or within 150mm of a boundary should be set back from side or rear
boundaries:

ƒ At least the distance specified in the schedule to the zone, or


ƒ If no distance is specified in the schedule to the zone, 1 metre, plus 0.3 metres for every
metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height
over 6.9 metres.
Sunblinds, verandahs, porches, eaves, fascias, gutters, masonry chimneys, flues, pipes,
domestic fuel or water tanks, and heating or cooling equipment or other services may
encroach not more than 0.5 metres into the setbacks of this standard.
Landings having an area of not more than 2 square metres and less than 1 metre high,
stairways, ramps, pergolas, shade sails and carports may encroach into the setbacks of this
standard.
Diagram A1 Side and rear setbacks

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ Any relevant neighbourhood character objective, policy or statement set out in this
scheme.
ƒ The design response.
ƒ The impact on the amenity of the habitable room windows and secluded private open
space of existing dwellings.
ƒ Whether the wall is opposite an existing or simultaneously constructed wall built to the
boundary.

PARTICULAR PROVISIONS - CLAUSE 54.04 PAGE 1 OF 6


ƒ Whether the wall abuts a side or rear lane.

54.04-2 Walls on boundaries objective


19/01/2006
VC37
To ensure that the location, length and height of a wall on a boundary respects the existing
or preferred neighbourhood character and limits the impact on the amenity of existing
dwellings.

Standard A11

A new wall constructed on or within 150mm of a side or rear boundary of a lot or a carport
constructed on or within 1 metre of a side or rear boundary of a lot should not abut the
boundary for a length of more than:

ƒ 10 metres plus 25 per cent of the remaining length of the boundary of an adjoining lot,
or
ƒ Where there are existing or simultaneously constructed walls or carports abutting the
boundary on an abutting lot, the length of the existing or simultaneously constructed
walls or carports,
whichever is the greater.
A new wall or carport may fully abut a side or rear boundary where the slope and retaining
walls or fences would result in the effective height of the wall or carport being less than 2
metres on the abutting property boundary.
A building on a boundary includes a building set back up to 150mm from a boundary.
The height of a new wall constructed on or within 150mm of a side or rear boundary or a
carport constructed on or within 1 metre of a side or rear boundary should not exceed an
average of 3 metres with no part higher than 3.6 metres unless abutting a higher existing or
simultaneously constructed wall.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ Any relevant neighbourhood character objective, policy or statement set out in this
scheme.
ƒ The design response.
ƒ The extent to which walls on boundaries are part of the neighbourhood character.
ƒ The visual impact of the building when viewed from adjoining properties.
ƒ The impact on the amenity of existing dwellings.
ƒ The opportunity to minimise the length of walls on boundaries by aligning a new wall
on a boundary with an existing wall on a lot of an adjoining property.
ƒ The orientation of the boundary that the wall is being built on.
ƒ The width of the lot.
ƒ The extent to which the slope and retaining walls or fences reduce the effective height
of the wall.
ƒ Whether the wall abuts a side or rear lane.
ƒ The need to increase the wall height to screen a box gutter.

PARTICULAR PROVISIONS - CLAUSE 54.04 PAGE 2 OF 6


54.04-3 Daylight to existing windows objective
19/01/2006
VC37
To allow adequate daylight into existing habitable room windows.

Standard A12

Buildings opposite an existing habitable room window should provide for a light court to
the existing window that has a minimum area of 3 square metres and minimum dimension
of 1 metre clear to the sky. The calculation of the area may include land on the abutting lot.
Walls or carports more than 3 metres in height opposite an existing habitable room window
should be set back from the window at least 50 per cent of the height of the new wall if the
wall is within a 55 degree arc from the centre of the existing window. The arc may be
swung to within 35 degrees of the plane of the wall containing the existing window.
Where the existing window is above ground floor level, the wall height is measured from
the floor level of the room containing the window.

Diagram A2 Daylight to existing windows

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ The design response.


ƒ The extent to which the existing dwelling has provided for reasonable daylight access to
its habitable rooms through the siting and orientation of its habitable room windows.
ƒ The impact on the amenity of existing dwellings.

54.04-4 North-facing windows objective


19/01/2006
VC37
To allow adequate solar access to existing north-facing habitable room windows.

Standard A13

If a north-facing habitable room window of an existing dwelling is within 3 metres of a


boundary on an abutting lot, a building should be setback from the boundary 1 metre, plus

PARTICULAR PROVISIONS - CLAUSE 54.04 PAGE 3 OF 6


0.6 metre for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every
metre of height over 6.9 metres, for a distance of 3 metres from the edge of each side of the
window. A north-facing window is a window with an axis perpendicular to its surface
oriented north 20 degrees west to north 30 degrees east.

Diagram A3 North-facing windows

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ The design response.


ƒ Existing sunlight to the north-facing habitable room window of the existing dwelling.
ƒ The impact on the amenity of existing dwellings.

54.04-5 Overshadowing open space objective


19/01/2006
VC37
To ensure buildings do not unreasonably overshadow existing secluded private open space.

Standard A14

Where sunlight to the secluded private open space of an existing dwelling is reduced, at
least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is
the lesser area, of the secluded private open space should receive a minimum of five hours
of sunlight between 9 am and 3 pm on 22 September.
If existing sunlight to the secluded private open space of an existing dwelling is less than
the requirements of this standard, the amount of sunlight should not be further reduced.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ The design response.


ƒ The impact on the amenity of existing dwellings.
ƒ Existing sunlight penetration to the secluded private open space of the existing
dwelling.

PARTICULAR PROVISIONS - CLAUSE 54.04 PAGE 4 OF 6


ƒ The time of day that sunlight is available to the secluded private open space of the
existing dwelling.
ƒ The effect of a reduction in sunlight on the existing use of the secluded private open
space.

54.04-6 Overlooking objective


19/01/2006
VC37
To limit views into existing secluded private open space and habitable room windows.

Standard A15

A habitable room window, balcony, terrace, deck or patio should be located and designed
to avoid direct views into the secluded private open space and habitable room windows of
an existing dwelling within a horizontal distance of 9 metres (measured at ground level) of
the window, balcony, terrace, deck or patio. Views should be measured within a 45 degree
angle from the plane of the window or perimeter of the balcony, terrace, deck or patio, and
from a height of 1.7 metres above floor level.
A habitable room window, balcony, terrace, deck or patio with a direct view into a
habitable room window of existing dwelling within a horizontal distance of 9 metres
(measured at ground level) of the window, balcony, terrace, deck or patio should be either:

ƒ Offset a minimum of 1.5 metres from the edge of one window to the edge of the other,
or
ƒ Have sill heights of at least 1.7 metres above floor level, or
ƒ Have obscure glazing in any part of the window below 1.7 metres above floor level, or
ƒ Have permanently fixed external screens to at least 1.7 metres above floor level and be
no more than 25 per cent transparent.
Obscure glazing in any part of the window below 1.7 metres above floor level may be
openable provided that there are no direct views as specified in this standard.
Screens used to obscure a view should be:

ƒ Perforated panels or trellis with a maximum of 25 per cent openings or solid translucent
panels.
ƒ Permanent, fixed and durable.
ƒ Designed and coloured to blend in with the development.
This standard does not apply to a new habitable room window, balcony, terrace, deck or
patio which faces a property boundary where there is a visual barrier at least 1.8 metres
high and the floor level of the habitable room, balcony, terrace, deck or patio is less than
0.8 metres above ground level at the boundary.

Diagram A4 Overlooking open space

PARTICULAR PROVISIONS - CLAUSE 54.04 PAGE 5 OF 6


Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ The design response.


ƒ The impact on the amenity of the secluded private open space or habitable room
window.
ƒ The existing extent of overlooking into the secluded private open space and habitable
room windows of existing dwellings.
ƒ The internal daylight to and amenity of the proposed dwelling.

PARTICULAR PROVISIONS - CLAUSE 54.04 PAGE 6 OF 6


54.05 ON-SITE AMENITY AND FACILITIES
19/01/2006
VC37

54.05-1 Daylight to new windows objective


19/01/2006
VC37
To allow adequate daylight into new habitable room windows.

Standard A16

A window in a habitable room should be located to face:

ƒ An outdoor space clear to the sky or a light court with a minimum area of 3 square
metres and minimum dimension of 1 metre clear to the sky, not including land on an
abutting lot, or
ƒ A verandah provided it is open for at least one third of its perimeter, or
ƒ A carport provided it has two or more open sides and is open for at least one third of its
perimeter.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ The design response.


ƒ Whether there are other windows in the habitable room which have access to daylight.

54.05-2 Private open space objective


19/01/2006
VC37
To provide adequate private open space for the reasonable recreation and service needs of
residents.

Standard A17

A dwelling should have private open space of an area and dimensions specified in the
schedule to the zone.
If no area or dimensions is specified in the schedule to the zone, a dwelling should have
private open space consisting of an area of 80 square metres or 20 per cent of the area of
the lot, whichever is the lesser, but not less than 40 square metres. At least one part of the
private open space should consist of secluded private open space with a minimum area of
25 square metres and a minimum dimension of 3 metres at the side or rear of the dwelling
with convenient access from a living room.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ The design response.


ƒ The useability of the private open space, including its size and accessibility.
ƒ The availability of and access to public open space.
ƒ The orientation of the lot to the street and the sun.

PARTICULAR PROVISIONS - CLAUSE 54.05 PAGE 1 OF 2


54.05-3 Solar access to open space objective
19/01/2006
VC37
To allow solar access into the secluded private open space of a new dwelling.

Standard A18

The private open space should be located on the north side of the dwelling, if practicable.
The southern boundary of secluded private open space should be set back from any wall on
the north of the space at least (2 + 0.9h) metres, where ‘h’ is the height of the wall.

Diagram A5 Solar access to open space

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ The design response.


ƒ The useability and amenity of the secluded private open space based on the sunlight it
will receive.

PARTICULAR PROVISIONS - CLAUSE 54.05 PAGE 2 OF 2


54.06 DETAILED DESIGN
19/01/2006
VC37

54.06-1 Design detail objective


19/01/2006
VC37
To encourage design detail that respects the existing or preferred neighbourhood character.

Standard A19

The design of buildings, including:

ƒ Facade articulation and detailing,


ƒ Window and door proportions,
ƒ Roof form, and
ƒ Verandahs, eaves and parapets,
should respect the existing or preferred neighbourhood character.
Garages and carports should be visually compatible with the development and the existing
or preferred neighbourhood character.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ Any relevant neighbourhood character objective, policy or statement set out in this
scheme.
ƒ The design response.
ƒ The effect on the visual bulk of the building and whether this is acceptable in the
neighbourhood setting.
ƒ Whether the design is innovative and of a high architectural standard.

54.06-2 Front fences objective


19/01/2006
VC37
To encourage front fence design that respects the existing or preferred neighbourhood
character.

Standard A20

The design of front fences should complement the design of the dwelling and any front
fences on adjoining properties.
A front fence within 3 metres of a street should not exceed:

ƒ The maximum height specified in the schedule to the zone, or


ƒ If no maximum height is specified in the schedule to the zone, the maximum height
specified in Table A2.

PARTICULAR PROVISIONS - CLAUSE 54.06 PAGE 1 OF 2


Table A2 Maximum front fence height
STREET CONTEXT MAXIMUM FRONT FENCE HEIGHT

Streets in a Road Zone, Category 1 2 metres

Other streets 1.5 metres

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ Any relevant neighbourhood character objective, policy or statement set out in this
scheme.
ƒ The design response.
ƒ The setback, height and appearance of front fences on adjacent properties.
ƒ The extent to which slope and retaining walls reduce the effective height of the front
fence.
ƒ Whether the fence is needed to minimise noise intrusion.

PARTICULAR PROVISIONS - CLAUSE 54.06 PAGE 2 OF 2


55 TWO OR MORE DWELLINGS ON A LOT AND RESIDENTIAL BUILDINGS
19/01/2006
VC37

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To achieve residential development that respects the existing neighbourhood character or
which contributes to a preferred neighbourhood character.
To encourage residential development that provides reasonable standards of amenity for
existing and new residents.
To encourage residential development that is responsive to the site and the neighbourhood.

Application

These provisions apply to an application to:

ƒ Construct a dwelling if there is at least one dwelling existing on the lot,


ƒ Construct two or more dwellings on a lot,
ƒ Extend a dwelling if there are two or more dwellings on the lot,
ƒ Construct or extend a dwelling on common property, or
ƒ Construct or extend a residential building,
in the Residential 1 Zone, Residential 2 Zone, Residential 3 Zone, Mixed Use Zone and
Township Zone.
These provisions do not apply to an application to construct or extend a development of
four or more storeys, excluding a basement.

Operation

The provisions of this clause contain:

ƒ Objectives. An objective describes the desired outcome to be achieved in the completed


development.
ƒ Standards. A standard contains the requirements to meet the objective.
A standard should normally be met. However, if the responsible authority is satisfied
that an application for an alternative design solution meets the objective, the alternative
design solution may be considered.
ƒ Decision guidelines. The decision guidelines set out the matters that the responsible
authority must consider before deciding if an application meets the objectives.

Requirements

A development:

ƒ Must meet all of the objectives of this clause.


ƒ Should meet all of the standards of this clause.
If the schedule to a zone specifies a requirement of a standard different from a requirement
set out in this clause, the requirement in the schedule to the zone applies.
If the land is included in a Neighbourhood Character Overlay and a schedule to the overlay
specifies a requirement of a standard different from a requirement set out in this clause or a

PARTICULAR PROVISIONS - CLAUSE 55 PAGE 1 OF 2


requirement in the schedule to a zone, the requirement in the schedule to the overlay
applies.
If the land is included in an overlay, other than a Neighbourhood Character Overlay, and a
schedule to the overlay specifies a requirement different from a requirement of a standard
set out in this clause or a requirement of a standard set out in the schedule to a zone, the
requirement in the overlay applies.

PARTICULAR PROVISIONS - CLAUSE 55 PAGE 2 OF 2


55.01 NEIGHBOURHOOD AND SITE DESCRIPTION AND DESIGN RESPONSE
19/01/2006
VC37
An application must be accompanied by:

ƒ A neighbourhood and site description.


ƒ A design response.

55.01-1 Neighbourhood and site description


19/01/2006
VC37
The neighbourhood and site description may use a site plan, photographs or other
techniques and must accurately describe:

ƒ In relation to the neighbourhood:


ƒ The pattern of development of the neighbourhood.
ƒ The built form, scale and character of surrounding development including front
fencing.
ƒ Architectural and roof styles.
ƒ Any other notable features or characteristics of the neighbourhood.
ƒ In relation to the site:
ƒ Site shape, size, orientation and easements.
ƒ Levels of the site and the difference in levels between the site and surrounding
properties.
ƒ The location of existing buildings on the site and on surrounding properties,
including the location and height of walls built to the boundary of the site.
ƒ The use of surrounding buildings.
ƒ The location of secluded private open space and habitable room windows of
surrounding properties which have an outlook to the site within 9 metres.
ƒ Solar access to the site and to surrounding properties.
ƒ Location of significant trees existing on the site and any significant trees removed
from the site 12 months prior to the application being made, where known.
ƒ Any contaminated soils and filled areas, where known.
ƒ Views to and from the site.
ƒ Street frontage features such as poles, street trees and kerb crossovers.
ƒ The location of local shops, public transport services and public open spaces
within walking distance.
ƒ Any other notable features or characteristics of the site.
If in the opinion of the responsible authority a requirement of the neighbourhood and site
description is not relevant to the evaluation of an application, the responsible authority may
waive or reduce the requirement.

Satisfactory neighbourhood and site description

The responsible authority must inform the applicant in writing:

ƒ Before notice of an application is given, or


ƒ If notice of an application is not required to be given, before deciding the application,

PARTICULAR PROVISIONS - CLAUSE 55.01 PAGE 1 OF 2


that the neighbourhood and site description meets the requirements of Clause 55.01-1 and is
satisfactory or does not meet the requirements of Clause 55.01-1 and is not satisfactory.
If the responsible authority decides that the neighbourhood and site description is not
satisfactory, it may require more information from the applicant under Section 54 of the
Act.
The responsible authority must not require notice of an application to be given or decide an
application until it is satisfied that the neighbourhood and site description meets the
requirements of Clause 55.01-1 and is satisfactory.
This does not apply if the responsible authority refuses an application under Section 52(1A)
of the Act.

55.01-2 Design response


19/01/2006
VC37
The design response must explain how the proposed design:

ƒ Derives from and responds to the neighbourhood and site description.


ƒ Meets the objectives of Clause 55.
ƒ Responds to any neighbourhood character features for the area identified in a local
planning policy or a Neighbourhood Character Overlay.
The design response must include correctly proportioned street elevations or photographs
showing the development in the context of adjacent buildings. If in the opinion of the
responsible authority this requirement is not relevant to the evaluation of an application, it
may waive or reduce the requirement.

PARTICULAR PROVISIONS - CLAUSE 55.01 PAGE 2 OF 2


55.02 NEIGHBOURHOOD CHARACTER AND INFRASTRUCTURE
19/01/2006
VC37

55.02-1 Neighbourhood character objectives


19/01/2006
VC37
To ensure that the design respects the existing neighbourhood character or contributes to a
preferred neighbourhood character.
To ensure that development responds to the features of the site and the surrounding area.

Standard B1

The design response must be appropriate to the neighbourhood and the site.
The proposed design must respect the existing or preferred neighbourhood character and
respond to the features of the site.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ Any relevant neighbourhood character objective, policy or statement set out in this
scheme.
ƒ The neighbourhood and site description.
ƒ The design response.

55.02-2 Residential policy objectives


19/01/2006
VC37
To ensure that residential development is provided in accordance with any policy for
housing in the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
To support medium densities in areas where development can take advantage of public
transport and community infrastructure and services.

Standard B2

An application must be accompanied by a written statement to the satisfaction of the


responsible authority that describes how the development is consistent with any relevant
policy for housing in the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework
including the Municipal Strategic Statement and local planning policies.
ƒ The design response.

PARTICULAR PROVISIONS - CLAUSE 55.02 PAGE 1 OF 3


55.02-3 Dwelling diversity objective
19/01/2006
VC37
To encourage a range of dwelling sizes and types in developments of ten or more
dwellings.

Standard B3

Developments of ten or more dwellings should provide a range of dwelling sizes and types,
including:

ƒ Dwellings with a different number of bedrooms.


ƒ At least one dwelling that contains a kitchen, bath or shower, and a toilet and wash
basin at ground floor level.

55.02-4 Infrastructure objectives


19/01/2006
VC37
To ensure development is provided with appropriate utility services and infrastructure.
To ensure development does not unreasonably overload the capacity of utility services and
infrastructure.

Standard B4

Development should be connected to reticulated services, including reticulated sewerage,


drainage, electricity and gas, if available.
Development should not unreasonably exceed the capacity of utility services and
infrastructure, including reticulated services and roads.
In areas where utility services or infrastructure have little or no spare capacity,
developments should provide for the upgrading of or mitigation of the impact on services or
infrastructure.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ The capacity of the existing infrastructure.


ƒ In the absence of reticulated sewerage, the capacity of the development to treat and
retain all wastewater in accordance with the State Environment Protection Policy
(Waters of Victoria) under the Environment Protection Act 1970.
ƒ If the drainage system has little or no spare capacity, the capacity of the development to
provide for stormwater drainage mitigation or upgrading of the local drainage system.

55.02-5 Integration with the street objective


19/01/2006
VC37
To integrate the layout of development with the street.

Standard B5

Developments should provide adequate vehicle and pedestrian links that maintain or
enhance local accessibility.
Development should be oriented to front existing and proposed streets.
High fencing in front of dwellings should be avoided if practicable.

PARTICULAR PROVISIONS - CLAUSE 55.02 PAGE 2 OF 3


Development next to existing public open space should be laid out to complement the open
space.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ Any relevant neighbourhood character objective, policy or statement set out in this
scheme.
ƒ The design response.

PARTICULAR PROVISIONS - CLAUSE 55.02 PAGE 3 OF 3


55.03 SITE LAYOUT AND BUILDING MASSING
19/01/2006
VC37

55.03-1 Street setback objective


19/01/2006
VC37
To ensure that the setbacks of buildings from a street respect the existing or preferred
neighbourhood character and make efficient use of the site.

Standard B6

Walls of buildings should be set back from streets:

ƒ At least the distance specified in the schedule to the zone, or


ƒ If no distance is specified in the schedule to the zone, the distance specified in Table
B1.
Porches, pergolas and verandahs that are less than 3.6 metres high and eaves may encroach
not more than 2.5 metres into the setbacks of this standard.

Table B1 Street setback


DEVELOPMENT CONTEXT MINIMUM SETBACK MINIMUM SETBACK
FROM FRONT STREET FROM A SIDE STREET
(METRES) (METRES)

There is an existing building on The average distance of Not applicable


both the abutting allotments the setbacks of the front
facing the same street, and the walls of the existing
site is not on a corner. buildings on the abutting
allotments facing the front
street or 9 metres,
whichever is the lesser.

There is an existing building on The same distance as the Not applicable


one abutting allotment facing the setback of the front wall of
same street and no existing the existing building on the
building on the other abutting abutting allotment facing
allotment facing the same street, the front street or 9 metres,
and the site is not on a corner. whichever is the lesser.

There is no existing building on 6 metres for streets in a Not applicable


either of the abutting allotments Road Zone, Category 1,
facing the same street, and the and 4 metres for other
site is not on a corner. streets.

PARTICULAR PROVISIONS - CLAUSE 55.03 PAGE 1 OF 9


DEVELOPMENT CONTEXT MINIMUM SETBACK MINIMUM SETBACK
FROM FRONT STREET FROM A SIDE STREET
(METRES) (METRES)

The site is on a corner. If there is a building on the Front walls of new


abutting allotment facing development fronting the
the front street, the same side street of a corner site
distance as the setback of should be setback at least
the front wall of the existing the same distance as the
building on the abutting setback of the front wall of
allotment facing the front any existing building on the
street or 9 metres, abutting allotment facing
whichever is the lesser. the side street or 3 metres,
whichever is the lesser.
If there is no building on
the abutting allotment Side walls of new
facing the front street, 6 development on a corner
metres for streets in a site should be setback the
Road Zone, Category 1, same distance as the
and 4 metres for other setback of the front wall of
streets. any existing building on the
abutting allotment facing
the side street or 2 metres,
whichever is the lesser.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ Any relevant neighbourhood character objective, policy or statement set out in this
scheme.
ƒ The design response.
ƒ Whether a different setback would be more appropriate taking into account the
prevailing setbacks of existing buildings on nearby lots.
ƒ The visual impact of the building when viewed from the street and from adjoining
properties.
ƒ The value of retaining vegetation within the front setback.

55.03-2 Building height objective


19/01/2006
VC37
To ensure that the height of buildings respects the existing or preferred neighbourhood
character.

Standard B7

The maximum building height should not exceed the maximum height specified in the
zone, schedule to the zone or an overlay that applies to the land.
If no maximum height is specified in the zone, schedule to the zone or an overlay, the
maximum building height should not exceed 9 metres, unless the slope of the natural
ground level at any cross section wider than 8 metres of the site of the building is 2.5
degrees or more, in which case the maximum building height should not exceed 10 metres.
Changes of building height between existing buildings and new buildings should be
graduated.

PARTICULAR PROVISIONS - CLAUSE 55.03 PAGE 2 OF 9


Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ Any relevant neighbourhood character objective, policy or statement set out in this
scheme.
ƒ The design response.
ƒ The effect of the slope of the site on the height of the building.
ƒ The relationship between the proposed building height and the height of existing
adjacent buildings.
ƒ The visual impact of the building when viewed from the street and from adjoining
properties.

55.03-3 Site coverage objective


19/01/2006
VC37
To ensure that the site coverage respects the existing or preferred neighbourhood character
and responds to the features of the site.

Standard B8

The site area covered by buildings should not exceed:

ƒ The maximum site coverage specified in the schedule to the zone, or


ƒ If no maximum site coverage is specified in the schedule to the zone, 60 per cent.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ Any relevant neighbourhood character objective, policy or statement set out in this
scheme.
ƒ The design response.
ƒ The existing site coverage and any constraints imposed by existing development or the
features of the site.
ƒ The site coverage of adjacent properties.
ƒ The effect of the visual bulk of the building and whether this is acceptable in the
neighbourhood.

55.03-4 Permeability objectives


19/01/2006
VC37
To reduce the impact of increased stormwater run-off on the drainage system.
To facilitate on-site stormwater infiltration.

Standard B9

At least 20 per cent of the site should not be covered by impervious surfaces.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

PARTICULAR PROVISIONS - CLAUSE 55.03 PAGE 3 OF 9


ƒ The design response.
ƒ The existing site coverage and any constraints imposed by existing development.
ƒ The capacity of the drainage network to accommodate additional stormwater.
ƒ The capacity of the site to absorb run-off.
ƒ The practicality of achieving at least 20 per cent site coverage of pervious surfaces,
particularly on lots of less than 300 square metres.

55.03-5 Energy efficiency objectives


19/01/2006
VC37
To achieve and protect energy efficient dwellings and residential buildings.
To ensure the orientation and layout of development reduce fossil fuel energy use and make
appropriate use of daylight and solar energy.

Standard B10

Buildings should be:

ƒ Oriented to make appropriate use of solar energy.


ƒ Sited and designed to ensure that the energy efficiency of existing dwellings on
adjoining lots is not unreasonably reduced.

Living areas and private open space should be located on the north side of the development,
if practicable.
Developments should be designed so that solar access to north-facing windows is
maximised.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ The design response.


ƒ The size, orientation and slope of the lot.
ƒ The existing amount of solar access to abutting properties.
ƒ The availability of solar access to north-facing windows on the site.

55.03-6 Open space objective


19/01/2006
VC37
To integrate the layout of development with any public and communal open space provided
in or adjacent to the development.

Standard B11

If any public or communal open space is provided on site, it should:

ƒ Be substantially fronted by dwellings, where appropriate.


ƒ Provide outlook for as many dwellings as practicable.
ƒ Be designed to protect any natural features on the site.
ƒ Be accessible and useable.

PARTICULAR PROVISIONS - CLAUSE 55.03 PAGE 4 OF 9


Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ Any relevant plan or policy for open space in the State Planning Policy Framework and
Local Planning Policy Framework, including the Municipal Strategic Statement and
local planning policies.
ƒ The design response.

55.03-7 Safety objective


19/01/2006
VC37
To ensure the layout of development provides for the safety and security of residents and
property.

Standard B12

Entrances to dwellings and residential buildings should not be obscured or isolated from the
street and internal accessways.
Planting which creates unsafe spaces along streets and accessways should be avoided.
Developments should be designed to provide good lighting, visibility and surveillance of
car parks and internal accessways.
Private spaces within developments should be protected from inappropriate use as public
thoroughfares.

Decision guideline

Before deciding on an application, the responsible authority must consider the design
response.

55.03-8 Landscaping objectives


19/01/2006
VC37
To encourage development that respects the landscape character of the neighbourhood.
To encourage development that maintains and enhances habitat for plants and animals in
locations of habitat importance.
To provide appropriate landscaping.
To encourage the retention of mature vegetation on the site.

Standard B13

The landscape layout and design should:

ƒ Protect any predominant landscape features of the neighbourhood.


ƒ Take into account the soil type and drainage patterns of the site.
ƒ Allow for intended vegetation growth and structural protection of buildings.
ƒ In locations of habitat importance, maintain existing habitat and provide for new habitat
for plants and animals.
ƒ Provide a safe, attractive and functional environment for residents.
Development should provide for the retention or planting of trees, where these are part of
the character of the neighbourhood.

PARTICULAR PROVISIONS - CLAUSE 55.03 PAGE 5 OF 9


Development should provide for the replacement of any significant trees that have been
removed in the 12 months prior to the application being made.
The landscape design should specify landscape themes, vegetation (location and species),
paving and lighting.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ Any relevant neighbourhood character objective, policy or statement set out in this
scheme.
ƒ Any relevant plan or policy for landscape design in the State Planning Policy
Framework and Local Planning Policy Framework, including the Municipal Strategic
Statement and local planning policies.
ƒ The design response.
ƒ The location and size of gardens and the predominant plant types in the neighbourhood.
ƒ The health of any trees to be removed.
ƒ Whether a tree was removed to gain a development advantage.

55.03-9 Access objectives


09/10/2006
VC42
To ensure vehicle access to and from a development is safe, manageable and convenient.
To ensure the number and design of vehicle crossovers respects the neighbourhood
character.

Standard B14

Accessways should:

ƒ Be designed to allow convenient, safe and efficient vehicle movements and connections
within the development and to the street network.
ƒ Be designed to ensure vehicles can exit a development in a forwards direction if the
accessway serves five or more car spaces, three or more dwellings, or connects to a road
in a Road Zone.
ƒ Be at least 3 metres wide.
ƒ Have an internal radius of at least 4 metres at changes of direction.
ƒ Provide a passing area at the entrance that is at least 5 metres wide and 7 metres long if
the accessway serves ten or more spaces and connects to a road in a Road Zone.

The width of accessways or car spaces should not exceed:


ƒ 33 per cent of the street frontage, or
ƒ if the width of the street frontage is less than 20 metres, 40 per cent of the street
frontage.
No more than one single-width crossover should be provided for each dwelling fronting a
street.
The location of crossovers should maximise the retention of on-street car parking spaces.
The number of access points to a road in a Road Zone should be minimised.
Developments must provide for access for service, emergency and delivery vehicles.

PARTICULAR PROVISIONS - CLAUSE 55.03 PAGE 6 OF 9


Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ The design response.


ƒ The impact on the neighbourhood character.
ƒ The practicality of providing car parking on the site, particularly for lots of less than
300 square metres.
ƒ The reduction of on-street car parking spaces.
ƒ Traffic flows in the street and the safety of motorists and pedestrians.
ƒ The effect on any significant vegetation on the site and footpath.
ƒ The efficient use of the site.
ƒ For developments with accessways longer than 60 metres or serving 16 or more
dwellings, the relevant standards of Clauses 56.06-2, 56.06-4, 56.06-5, 56.06-7 and
56.06-8.

55.03-10 Parking location objectives


19/01/2006
VC37
To provide convenient parking for resident and visitor vehicles.
To avoid parking and traffic difficulties in the development and the neighbourhood.
To protect residents from vehicular noise within developments.

Standard B15

Car parking facilities should:

ƒ Be reasonably close and convenient to dwellings and residential buildings.


ƒ Be secure.
ƒ Be designed to allow safe and efficient movements within the development.
ƒ Be well ventilated if enclosed.
Large parking areas should be broken up with trees, buildings or different surface
treatments.
Shared accessways or car parks of other dwellings and residential buildings should be
located at least 1.5 metres from the windows of habitable rooms. This setback may be
reduced to 1 metre where there is a fence at least 1.5 metres high or where window sills are
at least 1.4 metres above the accessway.

Decision guideline

Before deciding on an application, the responsible authority must consider the design
response.

55.03-11 Parking provision objectives


19/01/2006
VC37
To ensure that car and bicycle parking for residents and visitors is appropriate to the needs
of residents.
To ensure that the design of parking and access areas is practical and attractive and that
these areas can be easily maintained.

PARTICULAR PROVISIONS - CLAUSE 55.03 PAGE 7 OF 9


Standard B16

Car parking for residents should be provided as follows:

ƒ One space for each one or two bedroom dwelling.


ƒ Two spaces for each three or more bedroom dwelling, with one space under cover.
Studies or studios that are separate rooms must be counted as bedrooms.
Developments of five or more dwellings should provide visitor car parking of one space for
every five dwellings. The spaces should be clearly marked as visitor parking.
In developments of five or more dwellings, bicycle parking spaces should be provided.
Car spaces and accessways should have the minimum dimensions specified in Table B2.

Table B2 Car park and accessway dimensions


ANGLE OF CAR ACCESSWAY CAR SPACE CAR SPACE
SPACES TO WIDTH WIDTH LENGTH
ACCESSWAY

Parallel 3.6 m 2.3 m 6.7 m

45° 3.5 m 2.6 m 4.9 m

60° 4.9 m 2.6 m 4.9 m

90° 6.4 m 2.6 m 4.9 m

5.8 m 2.8 m 4.9 m

5.2 m 3.0 m 4.9 m

4.8 m 3.2 m 4.9 m

A building may project into the space if it is at least 2.1 metres above the space.
Car spaces in garages, carports or otherwise constrained by walls should be at least 6
metres long and 3.5 metres wide for a single space and 5.5 metres wide for a double space
measured inside the garage or carport.
Car parking facilities should:

ƒ Be designed for efficient use and management.


ƒ Minimise the area of hard surface.
ƒ Be designed, surfaced and graded to reduce run-off and allow stormwater to drain into
the site.
ƒ Be lit.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ The reduction in the demand for on-site parking in rental housing, managed by not for
profit organisations, intended for residents likely to have a low level of car ownership.
ƒ The number, type and size of dwellings.
ƒ The availability of public transport and on-street parking.

PARTICULAR PROVISIONS - CLAUSE 55.03 PAGE 8 OF 9


ƒ The practicality of providing car parking on the site, particularly for lots of less than
300 square metres.
ƒ The reduction of on-street car parking spaces associated with the provision of car
parking on the site, particularly for lots of less than 300 square metres.
ƒ Local traffic and parking management plans and safety considerations.
ƒ Any relevant local planning policy or parking precinct plan.

PARTICULAR PROVISIONS - CLAUSE 55.03 PAGE 9 OF 9


55.04 AMENITY IMPACTS
19/01/2006
VC37

55.04-1 Side and rear setbacks objective


19/01/2006
VC37
To ensure that the height and setback of a building from a boundary respects the existing or
preferred neighbourhood character and limits the impact on the amenity of existing
dwellings.

Standard B17

A new building not on or within 150mm of a boundary should be set back from side or rear
boundaries:

ƒ At least the distance specified in the schedule to the zone, or


ƒ If no distance is specified in the schedule to the zone, 1 metre, plus 0.3 metres for every
metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height
over 6.9 metres.
Sunblinds, verandahs, porches, eaves, fascias, gutters, masonry chimneys, flues, pipes,
domestic fuel or water tanks, and heating or cooling equipment or other services may
encroach not more than 0.5 metres into the setbacks of this standard.
Landings having an area of not more than 2 square metres and less than 1 metre high,
stairways, ramps, pergolas, shade sails and carports may encroach into the setbacks of this
standard.

Diagram B1 Side and rear setbacks

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ Any relevant neighbourhood character objective, policy or statement set out in this
scheme.
ƒ The design response.
ƒ The impact on the amenity of the habitable room windows and secluded private open
space of existing dwellings.

PARTICULAR PROVISIONS - CLAUSE 55.04 PAGE 1 OF 7


ƒ Whether the wall is opposite an existing or simultaneously constructed wall built to the
boundary.
ƒ Whether the wall abuts a side or rear lane.

55.04-2 Walls on boundaries objective


19/01/2006
VC37
To ensure that the location, length and height of a wall on a boundary respects the existing
or preferred neighbourhood character and limits the impact on the amenity of existing
dwellings.

Standard B18

A new wall constructed on or within 150mm of a side or rear boundary of a lot or a carport
constructed on or within 1 metre of a side or rear boundary of lot should not abut the
boundary for a length of more than:

ƒ 10 metres plus 25 per cent of the remaining length of the boundary of an adjoining lot,
or
ƒ Where there are existing or simultaneously constructed walls or carports abutting the
boundary on an abutting lot, the length of the existing or simultaneously constructed
walls or carports,
whichever is the greater.
A new wall or carport may fully abut a side or rear boundary where slope and retaining
walls or fences would result in the effective height of the wall or carport being less than 2
metres on the abutting property boundary.
A building on a boundary includes a building set back up to 150mm from a boundary.
The height of a new wall constructed on or within 150mm of a side or rear boundary or a
carport constructed on or within 1 metre of a side or rear boundary should not exceed an
average of 3 metres with no part higher than 3.6 metres unless abutting a higher existing or
simultaneously constructed wall.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ Any relevant neighbourhood character objective, policy or statement set out in this
scheme.
ƒ The design response.
ƒ The extent to which walls on boundaries are part of the neighbourhood character.
ƒ The impact on the amenity of existing dwellings.
ƒ The opportunity to minimise the length of walls on boundaries by aligning a new wall
on a boundary with an existing wall on a lot of an adjoining property.
ƒ The orientation of the boundary that the wall is being built on.
ƒ The width of the lot.
ƒ The extent to which the slope and retaining walls or fences reduce the effective height
of the wall.
ƒ Whether the wall abuts a side or rear lane.
ƒ The need to increase the wall height to screen a box gutter.

PARTICULAR PROVISIONS - CLAUSE 55.04 PAGE 2 OF 7


55.04-3 Daylight to existing windows objective
19/01/2006
VC37
To allow adequate daylight into existing habitable room windows.

Standard B19

Buildings opposite an existing habitable room window should provide for a light court to
the existing window that has a minimum area of 3 square metres and minimum dimension
of 1 metre clear to the sky. The calculation of the area may include land on the abutting lot.
Walls or carports more than 3 metres in height opposite an existing habitable room window
should be set back from the window at least 50 per cent of the height of the new wall if the
wall is within a 55 degree arc from the centre of the existing window. The arc may be
swung to within 35 degrees of the plane of the wall containing the existing window.
Where the existing window is above ground floor level, the wall height is measured from
the floor level of the room containing the window.

Diagram B2 Daylight to existing windows

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ The design response.


ƒ The extent to which the existing dwelling has provided for reasonable daylight access to
its habitable rooms through the siting and orientation of its habitable room windows.
ƒ The impact on the amenity of existing dwellings.

55.04-4 North-facing windows objective


19/01/2006
VC37
To allow adequate solar access to existing north-facing habitable room windows.

Standard B20

If a north-facing habitable room window of an existing dwelling is within 3 metres of a


boundary on an abutting lot, a building should be setback from the boundary 1 metre, plus
0.6 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for
every metre of height over 6.9 metres, for a distance of 3 metres from the edge of each side

PARTICULAR PROVISIONS - CLAUSE 55.04 PAGE 3 OF 7


of the window. A north-facing window is a window with an axis perpendicular to its
surface oriented north 20 degrees west to north 30 degrees east.

Diagram B3 North-facing windows

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ The design response.


ƒ Existing sunlight to the north-facing habitable room window of the existing dwelling.
ƒ The impact on the amenity of existing dwellings.

55.04-5 Overshadowing open space objective


19/01/2006
VC37
To ensure buildings do not significantly overshadow existing secluded private open space.

Standard B21

Where sunlight to the secluded private open space of an existing dwelling is reduced, at
least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is
the lesser area, of the secluded private open space should receive a minimum of five hours
of sunlight between 9 am and 3 pm on 22 September.
If existing sunlight to the secluded private open space of an existing dwelling is less than
the requirements of this standard, the amount of sunlight should not be further reduced.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ The design response.


ƒ The impact on the amenity of existing dwellings.
ƒ Existing sunlight penetration to the secluded private open space of the existing
dwelling.

PARTICULAR PROVISIONS - CLAUSE 55.04 PAGE 4 OF 7


ƒ The time of day that sunlight will be available to the secluded private open space of the
existing dwelling.
ƒ The effect of a reduction in sunlight on the existing use of the existing secluded private
open space.

55.04-6 Overlooking objective


19/01/2006
VC37
To limit views into existing secluded private open space and habitable room windows.

Standard B22

A habitable room window, balcony, terrace, deck or patio should be located and designed
to avoid direct views into the secluded private open space of an existing dwelling within a
horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace,
deck or patio. Views should be measured within a 45 degree angle from the plane of the
window or perimeter of the balcony, terrace, deck or patio, and from a height of 1.7 metres
above floor level.
A habitable room window, balcony, terrace, deck or patio with a direct view into a
habitable room window of existing dwelling within a horizontal distance of 9 metres
(measured at ground level) of the window, balcony, terrace, deck or patio should be either:

ƒ Offset a minimum of 1.5 metres from the edge of one window to the edge of the other.
ƒ Have sill heights of at least 1.7 metres above floor level.
ƒ Have fixed, obscure glazing in any part of the window below 1.7 metre above floor
level.
ƒ Have permanently fixed external screens to at least 1.7 metres above floor level and be
no more than 25 per cent transparent.
Obscure glazing in any part of the window below 1.7 metres above floor level may be
openable provided that there are no direct views as specified in this standard.
Screens used to obscure a view should be:

ƒ Perforated panels or trellis with a maximum of 25 per cent openings or solid translucent
panels.
ƒ Permanent, fixed and durable.
ƒ Designed and coloured to blend in with the development.

This standard does not apply to a new habitable room window, balcony, terrace, deck or
patio which faces a property boundary where there is a visual barrier at least 1.8 metres
high and the floor level of the habitable room, balcony, terrace, deck or patio is less than
0.8 metres above ground level at the boundary.

PARTICULAR PROVISIONS - CLAUSE 55.04 PAGE 5 OF 7


Diagram B4 Overlooking open space

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ The design response.


ƒ The impact on the amenity of the secluded private open space or habitable room
window.
ƒ The existing extent of overlooking into the secluded private open space and habitable
room windows of existing dwellings.
ƒ The internal daylight to and amenity of the proposed dwelling or residential building.

55.04-7 Internal views objective


19/01/2006
VC37
To limit views into the secluded private open space and habitable room windows of
dwellings and residential buildings within a development.

Standard B23

Windows and balconies should be designed to prevent overlooking of more than 50 per
cent of the secluded private open space of a lower-level dwelling or residential building
directly below and within the same development.

Decision guideline

Before deciding on an application, the responsible authority must consider the design
response.

55.04-8 Noise impacts objectives


19/01/2006
VC37
To contain noise sources in developments that may affect existing dwellings.
To protect residents from external noise.

PARTICULAR PROVISIONS - CLAUSE 55.04 PAGE 6 OF 7


Standard B24

Noise sources, such as mechanical plant, should not be located near bedrooms of
immediately adjacent existing dwellings.
Noise sensitive rooms and secluded private open spaces of new dwellings and residential
buildings should take account of noise sources on immediately adjacent properties.
Dwellings and residential buildings close to busy roads, railway lines or industry should be
designed to limit noise levels in habitable rooms.

Decision guideline

Before deciding on an application, the responsible authority must consider the design
response.

PARTICULAR PROVISIONS - CLAUSE 55.04 PAGE 7 OF 7


55.05 ON-SITE AMENITY AND FACILITIES
19/01/2006
VC37

55.05-1 Accessibility objective


19/01/2006
VC37
To encourage the consideration of the needs of people with limited mobility in the design
of developments.

Standard B25

The dwelling entries of the ground floor of dwellings and residential buildings should be
accessible or able to be easily made accessible to people with limited mobility.

55.05-2 Dwelling entry objective


19/01/2006
VC37
To provide each dwelling or residential building with its own sense of identity.

Standard B26

Entries to dwellings and residential buildings should:

ƒ Be visible and easily identifiable from streets and other public areas.
ƒ Provide shelter, a sense of personal address and a transitional space around the entry.

55.05-3 Daylight to new windows objective


19/01/2006
VC37
To allow adequate daylight into new habitable room windows.

Standard B27

A window in a habitable room should be located to face:

ƒ An outdoor space clear to the sky or a light court with a minimum area of 3 square
metres and minimum dimension of 1 metre clear to the sky, not including land on an
abutting lot, or
ƒ A verandah provided it is open for at least one third of its perimeter, or
ƒ A carport provided it has two or more open sides and is open for at least one third of its
perimeter.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ The design response.


ƒ Whether there are other windows in the habitable room which have access to daylight.

55.05-4 Private open space objective


19/01/2006
VC37
To provide adequate private open space for the reasonable recreation and service needs of
residents.

PARTICULAR PROVISIONS - CLAUSE 55.05 PAGE 1 OF 3


Standard B28

A dwelling or residential building should have private open space of an area and
dimensions specified in the schedule to the zone.
If no area or dimensions are specified in the schedule to the zone, a dwelling or residential
building should have private open space consisting of:

ƒ An area of 40 square metres, with one part of the private open space to consist of
secluded private open space at the side or rear of the dwelling or residential building
with a minimum area of 25 square metres, a minimum dimension of 3 metres and
convenient access from a living room, or
ƒ A balcony of 8 square metres with a minimum width of 1.6 metres and convenient
access from a living room, or
ƒ A roof-top area of 10 square metres with a minimum width of 2 metres and convenient
access from a living room.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ The design response.


ƒ The useability of the private open space, including its size and accessibility.
ƒ The availability of and access to public or communal open space.
ƒ The orientation of the lot to the street and the sun.

55.05-5 Solar access to open space objective


19/01/2006
VC37
To allow solar access into the secluded private open space of new dwellings and residential
buildings.

Standard B29

The private open space should be located on the north side of the dwelling or residential
building, if appropriate.
The southern boundary of secluded private open space should be set back from any wall on
the north of the space at least (2 + 0.9h) metres, where ‘h’ is the height of the wall.

PARTICULAR PROVISIONS - CLAUSE 55.05 PAGE 2 OF 3


Diagram B5 Solar access to open space

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ The design response.


ƒ The useability and amenity of the secluded private open space based on the sunlight it
will receive.

55.05-6 Storage objective


19/01/2006
VC37
To provide adequate storage facilities for each dwelling.

Standard B30

Each dwelling should have convenient access to at least 6 cubic metres of externally
accessible, secure storage space.

PARTICULAR PROVISIONS - CLAUSE 55.05 PAGE 3 OF 3


55.06 DETAILED DESIGN
19/01/2006
VC37

55.06-1 Design detail objective


19/01/2006
VC37
To encourage design detail that respects the existing or preferred neighbourhood character.

Standard B31

The design of buildings, including:

ƒ Facade articulation and detailing,


ƒ Window and door proportions,
ƒ Roof form, and
ƒ Verandahs, eaves and parapets,
should respect the existing or preferred neighbourhood character.
Garages and carports should be visually compatible with the development and the existing
or preferred neighbourhood character.

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ Any relevant neighbourhood character objective, policy or statement set out in this
scheme.
ƒ The design response.
ƒ The effect on the visual bulk of the building and whether this is acceptable in the
neighbourhood setting.
ƒ Whether the design is innovative and of a high architectural standard.

55.06-2 Front fences objective


19/01/2006
VC37
To encourage front fence design that respects the existing or preferred neighbourhood
character.

Standard B32

The design of front fences should complement the design of the dwelling or residential
building and any front fences on adjoining properties.
A front fence within 3 metres of a street should not exceed:

ƒ The maximum height specified in the schedule to the zone, or


ƒ If no maximum height is specified in the schedule to the zone, the maximum height
specified in Table B3.

PARTICULAR PROVISIONS - CLAUSE 55.06 PAGE 1 OF 2


Table B3 Maximum front fence height
STREET CONTEXT MAXIMUM FRONT FENCE HEIGHT

Streets in a Road Zone, Category 1 2 metres

Other streets 1.5 metres

Decision guidelines

Before deciding on an application, the responsible authority must consider:

ƒ Any relevant neighbourhood character objective, policy or statement set out in this
scheme.
ƒ The design response.
ƒ The setback, height and appearance of front fences on adjacent properties.
ƒ The extent to which slope and retaining walls reduce the effective height of the front
fence.
ƒ Whether the fence is needed to minimise noise intrusion.

55.06-3 Common property objectives


19/01/2006
VC37
To ensure that communal open space, car parking, access areas and site facilities are
practical, attractive and easily maintained.
To avoid future management difficulties in areas of common ownership.

Standard B33

Developments should clearly delineate public, communal and private areas.


Common property, where provided, should be functional and capable of efficient
management.

55.06-4 Site services objectives


19/01/2006
VC37
To ensure that site services can be installed and easily maintained.
To ensure that site facilities are accessible, adequate and attractive.

Standard B34

The design and layout of dwellings and residential buildings should provide sufficient
space (including easements where required) and facilities for services to be installed and
maintained efficiently and economically.
Bin and recycling enclosures, mailboxes and other site facilities should be adequate in size,
durable, waterproof and blend in with the development.
Bin and recycling enclosures should be located for convenient access by residents.
Mailboxes should be provided and located for convenient access as required by Australia
Post.

Decision guideline

Before deciding on an application, the responsible authority must consider the design
response.

PARTICULAR PROVISIONS - CLAUSE 55.06 PAGE 2 OF 2


56 RESIDENTIAL SUBDIVISION
09/10/2006
VC42

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To create livable and sustainable neighbourhoods and urban places with character and
identity.
To achieve residential subdivision outcomes that appropriately respond to the site and its
context for:

ƒ Metropolitan Melbourne growth areas.


ƒ Infill sites within established residential areas.
ƒ Regional cities and towns.

To ensure residential subdivision design appropriately provides for:

ƒ Policy implementation.
ƒ Livable and sustainable communities.
ƒ Residential lot design.
ƒ Urban landscape.
ƒ Access and mobility management.
ƒ Integrated water management.
ƒ Site management.
ƒ Utilities.

Application

These provisions apply to an application to subdivide land in the Residential 1 Zone,


Residential 2 Zone, Residential 3 Zone, Mixed Use Zone or Township Zone and any
Comprehensive Development Zone or Priority Development Zone that provides for
residential development.
These provisions do not apply to an application to subdivide land into lots each containing
an existing dwelling or car parking space.

Operation

The provisions of this clause contain:

ƒ Objectives. An objective describes the desired outcome to be achieved in the completed


subdivision.
ƒ Standards. A standard contains the requirements to meet the objective.
A standard should normally be met. However, if the responsible authority is satisfied that
an application for an alternative design solution meets the objective, the alternative design
solution may be considered.

PARTICULAR PROVISIONS - CLAUSE 56 PAGE 1 OF 2


Requirement

An application to subdivide land:

ƒ Must be accompanied by a site and context description and a design response.


ƒ Must meet all of the objectives included in the clauses specified in the zone.
ƒ Should meet all of the standards included in the clauses specified in the zone.

Certification of standards

A subdivision may be certified by a person authorised by the Minister for Planning as


meeting the requirements of a standard in this clause.
A standard that is certified as met is deemed to have met the objective of that standard.

PARTICULAR PROVISIONS - CLAUSE 56 PAGE 2 OF 2


56.01 SUBDIVISION SITE AND CONTEXT DESCRIPTION AND DESIGN RESPONSE
09/10/2006
VC42

56.01-1 Subdivision site and context description


09/10/2006
VC42
The site and context description may use a site plan, photographs or other techniques and
must accurately describe:

ƒ In relation to the site:


ƒ Site shape, size, dimensions and orientation.
ƒ Levels and contours of the site.
ƒ Natural features including trees and other significant vegetation, drainage lines,
water courses, wetlands, ridgelines and hill tops.
ƒ The siting and use of existing buildings and structures.
ƒ Street frontage features such as poles, street trees and kerb crossovers.
ƒ Access points.
ƒ Location of drainage and other utilities.
ƒ Easements.
ƒ Any identified natural or cultural features of the site.
ƒ Significant views to and from the site.
ƒ Noise and odour sources or other external influences.
ƒ Soil conditions, including any land affected by contamination, erosion, salinity, acid
sulphate soils or fill.
ƒ Any other notable features or characteristics of the site.
ƒ Adjacent uses.
ƒ Any other factor affecting the capacity to develop the site including whether the site
is affected by inundation.

ƒ An application for subdivision of 3 or more lots must also describe in relation to the
surrounding area:
ƒ The pattern of subdivision.
ƒ Existing land uses.
ƒ The location and use of existing buildings on adjacent land.
ƒ Abutting street and path widths, materials and detailing.
ƒ The location and type of significant vegetation.

ƒ An application for subdivision of 60 or more lots must also describe in relation to the
surrounding area:
ƒ Location, distance and type of any nearby public open space and recreational
facilities.
ƒ Direction and distances to local shops and community facilities.
ƒ Directions and walking distances to public transport routes and stops.

PARTICULAR PROVISIONS - CLAUSE 56.01 PAGE 1 OF 3


ƒ Direction and walking distances to existing neighbourhood, major and principal
activity centres and major employment areas.
ƒ Existing transport routes, including freeways, arterial roads and streets connecting
neighbourhoods.
ƒ Local street network including potential connections to adjacent subdivisions.
ƒ Traffic volumes and movements on adjacent roads and streets.
ƒ Pedestrian, bicycle and shared paths identifying whether their primary role is
neighbourhood or regional access.
ƒ Any places of cultural significance.
ƒ Natural features including trees and other significant vegetation, drainage lines,
water courses, wetlands, ridgelines and hill tops.
ƒ Proximity of any fire threats.
ƒ Pattern of ownership of adjoining lots.

If in the opinion of the responsible authority a requirement of the site and context
description is not relevant to the assessment of an application, the responsible authority
may waive or reduce the requirement.

Satisfactory subdivision site and context description

The responsible authority must inform the applicant in writing:


ƒ Before notice of an application is given, or
ƒ If notice of an application is not required to be given, before deciding the application,
that the site and context description meets the requirements of Clause 56.01-1 and is
satisfactory or does not meet the requirements of Clause 56.01-1 and is not satisfactory.
If the responsible authority decides that the site and context description is not satisfactory,
it may require more information from the applicant under Section 54 of the Act.
The responsible authority must not require notice of an application to be given or decide an
application until it is satisfied that the site and context description meets the requirements
of Clause 56.01-1 and is satisfactory.
This does not apply if the responsible authority refuses an application under Section 52(1A)
of the Act.

56.01-2 Subdivision design response


09/10/2006
VC42
The design response must explain how the proposed design:
ƒ Derives from and responds to the site and context description.

ƒ Responds to any site and context features for the area identified in a local planning
policy or a Neighbourhood Character Overlay.
ƒ Responds to any relevant objective, policy, strategy or plan set out for the area in this
scheme.
ƒ Meets the relevant objectives of Clause 56.

The design response must include a dimensioned plan to scale showing the layout of the
subdivision in context with the surrounding area. If in the opinion of the responsible
authority this requirement is not relevant to the assessment of an application, it may waive
or reduce the requirement.

PARTICULAR PROVISIONS - CLAUSE 56.01 PAGE 2 OF 3


An application for subdivision of 60 or more lots must also include a plan that meets the
requirements of Standard C2. The plan must also show the:

ƒ Proposed uses of each part of the site.


ƒ Natural features of the site and identify any features proposed to be altered.
ƒ Proposed integrated water management system.
ƒ Proposed staging of the subdivision.

PARTICULAR PROVISIONS - CLAUSE 56.01 PAGE 3 OF 3


56.02 POLICY IMPLEMENTATION
09/10/2006
VC42

56.02-1 Strategic implementation objective


09/10/2006
VC42
To ensure that the layout and design of a subdivision is consistent with and implements any
objective, policy, strategy or plan for the area set out in this scheme.

Standard C1

An application must be accompanied by a written statement that describes how the


subdivision is consistent with and implements any relevant growth area, activity centre,
housing, access and mobility, community facilities, open space and recreation, landscape
(including any native vegetation precinct plan) and urban design objective, policy, strategy
or plan for the area set out in this scheme.

PARTICULAR PROVISIONS - CLAUSE 56.02 PAGE 1 OF 1


56.03 LIVABLE AND SUSTAINABLE COMMUNITIES
09/10/2006
VC42

56.03-1 Compact and walkable neighbourhoods objectives


09/10/2006
VC42
To create compact neighbourhoods that are oriented around easy walking distances to
activity centres, schools and community facilities, public open space and public transport.
To allow easy movement through and between neighbourhoods for all people.

Standard C2

A subdivision should implement any relevant growth area or any approved land-use and
development strategy, plan or policy for the area set out in this scheme.
An application for subdivision must include a plan of the layout of the subdivision that:

ƒ Meets the objectives (if relevant to the class of subdivision specified in the zone) of:
· Clause 56.03-2 Activity centres
· Clause 56.03-3 Planning for community facilities
· Clause 56.04-1 Lot diversity and distribution
· Clause 56.06-2 Walking and cycling network
· Clause 56.06-3 Public transport network
· Clause 56.06-4 Neighbourhood street network
ƒ Shows the 400 metre street walking distance around each existing or proposed bus stop,
600 metres street walking distance around each existing or proposed tram stop and 800
metres street walking distance around each existing or proposed railway station and
shows the estimated number of dwellings within those distances.
ƒ Shows the layout of the subdivision in relation to the surrounding area.
ƒ Is designed to be accessible for people with disabilities.

56.03-2 Activity centre objective


09/10/2006
VC42
To provide for mixed-use activity centres, including neighbourhood activity centres, of
appropriate area and location.

Standard C3

A subdivision should implement any relevant activity centre strategy, plan or policy for the
area set out in this scheme.
Subdivision should be supported by activity centres that are:

ƒ Accessible by neighbourhood and regional walking and cycling networks.


ƒ Served by public transport that is connected to the regional public transport network.
ƒ Located at public transport interchange points for the convenience of passengers and
easy connections between public transport services.
ƒ Located on arterial roads or connector streets.
ƒ Of appropriate size to accommodate a mix of uses that meet local community needs.

PARTICULAR PROVISIONS - CLAUSE 56.03 PAGE 1 OF 3


ƒ Oriented to support active street frontages, support street-based community interaction
and pedestrian safety.

56.03-3 Planning for community facilities objective


09/10/2006
VC42
To provide appropriately located sites for community facilities including schools, libraries,
preschools and childcare, health services, police and fire stations, recreation and sports
facilities.

Standard C4

A subdivision should:

ƒ Implement any relevant regional and local community facility strategy, plan or policy
for the area set out in this scheme.
ƒ Locate community facilities on sites that are in or near activity centres and public
transport.

School sites should:

ƒ Be integrated with the neighbourhood and located near activity centres.


ƒ Be located on walking and cycling networks.
ƒ Have a bus stop located along the school site boundary.
ƒ Have student drop-off zones, bus parking and on-street parking in addition to other
street functions in abutting streets.
ƒ Adjoin the public open space network and community sporting and other recreation
facilities.
ƒ Be integrated with community facilities.
ƒ Be located on land that is not affected by physical, environmental or other constraints.

Schools should be accessible by the Principal Public Transport Network in Metropolitan


Melbourne and on the regional public transport network outside Metropolitan Melbourne.
Primary schools should be located on connector streets and not on arterial roads.
New State Government school sites must meet the requirements of the Department of
Education and Training and abut at least two streets with sufficient widths to provide
student drop-off zones, bus parking and on-street parking in addition to other street
functions.

56.03-4 Built environment objective


09/10/2006
VC42
To create urban places with identity and character.

Standard C5

The built environment should:

ƒ Implement any relevant urban design strategy, plan or policy for the area set out in this
scheme.
ƒ Provide living and working environments that are functional, safe and attractive.
ƒ Provide an integrated layout, built form and urban landscape.
ƒ Contribute to a sense of place and cultural identity.

PARTICULAR PROVISIONS - CLAUSE 56.03 PAGE 2 OF 3


An application should describe the identity and character to be achieved and the elements
that contribute to that identity and character.

56.03-5 Neighbourhood character objective


09/10/2006
VC42
To design subdivisions that respond to neighbourhood character.

Standard C6

Subdivision should:

ƒ Respect the existing neighbourhood character or achieve a preferred neighbourhood


character consistent with any relevant neighbourhood character objective, policy or
statement set out in this scheme.
ƒ Respond to and integrate with the surrounding urban environment.
ƒ Protect significant vegetation and site features.

PARTICULAR PROVISIONS - CLAUSE 56.03 PAGE 3 OF 3


56.04 LOT DESIGN
09/10/2006
VC42

56.04-1 Lot diversity and distribution objectives


09/10/2006
VC42
To achieve housing densities that support compact and walkable neighbourhoods and the
efficient provision of public transport services.
To provide higher housing densities within walking distance of activity centres.
To achieve increased housing densities in designated growth areas.
To provide a range of lot sizes to suit a variety of dwelling and household types.

Standard C7

A subdivision should implement any relevant housing strategy, plan or policy for the area
set out in this scheme.
Lot sizes and mix should achieve the average net residential density specified in any zone
or overlay that applies to the land or in any relevant policy for the area set out in this
scheme.
A range and mix of lot sizes should be provided including lots suitable for the development
of:

ƒ Single dwellings.
ƒ Two dwellings or more.
ƒ Higher density housing.
ƒ Residential buildings and Retirement villages.
Unless the site is constrained by topography or other site conditions, lot distribution should
provide for 95 per cent of dwellings to be located no more than 400 metre street walking
distance from the nearest existing or proposed bus stop, 600 metres street walking distance
from the nearest existing or proposed tram stop and 800 metres street walking distance
from the nearest existing or proposed railway station.
Lots of 300 square metres or less in area, lots suitable for the development of two dwellings
or more, lots suitable for higher density housing and lots suitable for Residential buildings
and Retirement villages should be located in and within 400 metres street walking distance
of an activity centre.

56.04-2 Lot area and building envelopes objective


09/10/2006
VC42
To provide lots with areas and dimensions that enable the appropriate siting and
construction of a dwelling, solar access, private open space, vehicle access and parking,
water management, easements and the retention of significant vegetation and site features.

Standard C8

An application to subdivide land that creates lots of less than 300 square metres should be
accompanied by information that shows:

ƒ That the lots are consistent or contain building envelope that is consistent with a
development approved under this scheme, or
ƒ That a dwelling may be constructed on each lot in accordance with the requirements of
this scheme.

PARTICULAR PROVISIONS - CLAUSE 56.04 PAGE 1 OF 3


Lots of between 300 square metres and 500 square metres should:

ƒ Contain a building envelope that is consistent with a development of the lot approved
under this scheme, or
ƒ If no development of the lot has been approved under this scheme, contain a building
envelope and be able to contain a rectangle measuring 10 metres by 15 metres, or 9
metres by 15 metres if a boundary wall is nominated as part of the building envelope.

If lots of between 300 square metres and 500 square metres are proposed to contain
dwellings that are built to the boundary, the long axis of the lots should be within 30
degrees east and 20 degrees west of north unless there are significant physical constraints
that make this difficult to achieve.
Lots greater than 500 square metres should be able to contain a rectangle measuring 10
metres by 15 metres, and may contain a building envelope.
A building envelope may specify or incorporate any relevant siting and design requirement.
Any requirement should meet the relevant standards of Clause 54, unless:

ƒ The objectives of the relevant standards are met, and


ƒ The building envelope is shown as a restriction on a plan of subdivision registered
under the Subdivision Act 1988, or is specified as a covenant in an agreement under
Section 173 of the Act.

Where a lot with a building envelope adjoins a lot that is not on the same plan of
subdivision or is not subject to the same agreement relating to the relevant building
envelope:

ƒ The building envelope must meet Standards A10 and A11 of Clause 54 in relation to the
adjoining lot, and
ƒ The building envelope must not regulate siting matters covered by Standards A12 to
A15 (inclusive) of Clause 54 in relation to the adjoining lot. This should be specified in
the relevant plan of subdivision or agreement.

Lot dimensions and building envelopes should protect:

ƒ Solar access for future dwellings and support the siting and design of dwellings that
achieve the energy rating requirements of the Building Regulations.
ƒ Existing or proposed easements on lots.
ƒ Significant vegetation and site features.

56.04-3 Solar orientation of lots objective


09/10/2006
VC42
To provide good solar orientation of lots and solar access for future dwellings.

Standard C9

Unless the site is constrained by topography or other site conditions, at least 70 percent of
lots should have appropriate solar orientation.
Lots have appropriate solar orientation when:

ƒ The long axis of lots are within the range north 20 degrees west to north 30 degrees
east, or east 20 degrees north to east 30 degrees south.

PARTICULAR PROVISIONS - CLAUSE 56.04 PAGE 2 OF 3


ƒ Lots between 300 square metres and 500 square metres are proposed to contain
dwellings that are built to the boundary, the long axis of the lots should be within 30
degrees east and 20 degrees west of north.
ƒ Dimensions of lots are adequate to protect solar access to the lot, taking into account
likely dwelling size and the relationship of each lot to the street.

56.04-4 Street orientation objective


09/10/2006
VC42
To provide a lot layout that contributes to community social interaction, personal safety and
property security.

Standard C10

Subdivision should increase visibility and surveillance by:

ƒ Ensuring lots front all roads and streets and avoid the side or rear of lots being oriented
to connector streets and arterial roads.
ƒ Providing lots of 300 square metres or less in area and lots for 2 or more dwellings
around activity centres and public open space.
ƒ Ensuring streets and houses look onto public open space and avoiding sides and rears of
lots along public open space boundaries.
ƒ Providing roads and streets along public open space boundaries.

56.04-5 Common area objectives


09/10/2006
VC42
To identify common areas and the purpose for which the area is commonly held.
To ensure the provision of common area is appropriate and that necessary management
arrangements are in place.
To maintain direct public access throughout the neighbourhood street network.

Standard C11

An application to subdivide land that creates common land must be accompanied by a plan
and a report identifying:

ƒ The common area to be owned by the body corporate, including any streets and open
space.
ƒ The reasons why the area should be commonly held.
ƒ Lots participating in the body corporate.
ƒ The proposed management arrangements including maintenance standards for streets
and open spaces to be commonly held.

PARTICULAR PROVISIONS - CLAUSE 56.04 PAGE 3 OF 3


56.05 URBAN LANDSCAPE
01/10/2009
VC58

56.05-1 Integrated urban landscape objectives


09/10/2006
VC42
To provide attractive and continuous landscaping in streets and public open spaces that
contribute to the character and identity of new neighbourhoods and urban places or to
existing or preferred neighbourhood character in existing urban areas.
To incorporate natural and cultural features in the design of streets and public open space
where appropriate.
To protect and enhance native habitat and discourage the planting and spread of noxious
weeds.
To provide for integrated water management systems and contribute to drinking water
conservation.

Standard C12

An application for subdivision that creates streets or public open space should be
accompanied by a landscape design.
The landscape design should:
ƒ Implement any relevant streetscape, landscape, urban design or native vegetation
precinct plan, strategy or policy for the area set out in this scheme.
ƒ Create attractive landscapes that visually emphasise streets and public open spaces.
ƒ Respond to the site and context description for the site and surrounding area.
ƒ Maintain significant vegetation where possible within an urban context.
ƒ Take account of the physical features of the land including landform, soil and climate.
ƒ Protect and enhance any significant natural and cultural features.
ƒ Protect and link areas of significant local habitat where appropriate.
ƒ Support integrated water management systems with appropriate landscape design
techniques for managing urban run-off including wetlands and other water sensitive
urban design features in streets and public open space.
ƒ Promote the use of drought tolerant and low maintenance plants and avoid species that
are likely to spread into the surrounding environment.
ƒ Ensure landscaping supports surveillance and provides shade in streets, parks and
public open space.
ƒ Develop appropriate landscapes for the intended use of public open space including
areas for passive and active recreation, the exercising of pets, playgrounds and shaded
areas.
ƒ Provide for walking and cycling networks that link with community facilities.
ƒ Provide appropriate pathways, signage, fencing, public lighting and street furniture.
ƒ Create low maintenance, durable landscapes that are capable of a long life.
The landscape design must include a maintenance plan that sets out maintenance
responsibilities, requirements and costs.

PARTICULAR PROVISIONS - CLAUSE 56.05 PAGE 1 OF 3


56.05-2 Public open space provision objectives
01/10/2009
VC58
To provide a network of quality, well-distributed, multi-functional and cost-effective public
open space that includes local parks, active open space, linear parks and trails, and links to
regional open space.
To provide a network of public open space that caters for a broad range of users.
To encourage healthy and active communities.
To provide adequate unencumbered land for public open space and integrate any
encumbered land with the open space network.
To ensure land provided for public open space can be managed in an environmentally
sustainable way and contributes to the development of sustainable neighbourhoods.

Standard C13

The provision of public open space should:


ƒ Implement any relevant objective, policy, strategy or plan (including any growth area
precinct structure plan) for open space set out in this scheme.
ƒ Provide a network of well-distributed neighbourhood public open space that includes:
ƒ Local parks within 400 metres safe walking distance of at least 95 percent of all
dwellings. Where not designed to include active open space, local parks should be
generally 1 hectare in area and suitably dimensioned and designed to provide for
their intended use and to allow easy adaptation in response to changing community
preferences.
ƒ Additional small local parks or public squares in activity centres and higher density
residential areas.
ƒ Active open space of a least 8 hectares in area within 1 kilometre of 95 percent of all
dwellings that is:
ƒ Suitably dimensioned and designed to provide for the intended use, buffer areas
around sporting fields and passive open space
ƒ Sufficient to incorporate two football/cricket ovals
ƒ Appropriate for the intended use in terms of quality and orientation
ƒ Located on flat land (which can be cost effectively graded)
ƒ Located with access to, or making provision for, a recycled or sustainable water
supply
ƒ Adjoin schools and other community facilities where practical
ƒ Designed to achieve sharing of space between sports.
ƒ Linear parks and trails along waterways, vegetation corridors and road reserves
within 1 kilometre of 95 percent of all dwellings.
Public open space should:
ƒ Be provided along foreshores, streams and permanent water bodies.
ƒ Be linked to existing or proposed future public open spaces where appropriate.
ƒ Be integrated with floodways and encumbered land that is accessible for public
recreation.
ƒ Be suitable for the intended use.

PARTICULAR PROVISIONS - CLAUSE 56.05 PAGE 2 OF 3


ƒ Be of an area and dimensions to allow easy adaptation to different uses in response to
changing community active and passive recreational preferences.
ƒ Maximise passive surveillance.
ƒ Be integrated with urban water management systems, waterways and other water
bodies.
ƒ Incorporate natural and cultural features where appropriate.

PARTICULAR PROVISIONS - CLAUSE 56.05 PAGE 3 OF 3


56.06 ACCESS AND MOBILITY MANAGEMENT
18/06/2010
VC62

56.06-1 Integrated mobility objectives


18/06/2010
VC62
To achieve an urban structure where compact and walkable neighbourhoods are clustered to
support larger activity centres on the Principal Public Transport Network in Metropolitan
Melbourne and on the regional public transport network outside Metropolitan Melbourne.
To provide for walking (including persons with impaired mobility), cycling, public
transport and other motor vehicles in an integrated manner.
To contribute to reduced car dependence, improved energy efficiency, improved transport
efficiency, reduced greenhouse gas emissions and reduced air pollution.

Standard C14

An application for a subdivision must include a plan of the layout of the neighbourhood that
meets the objectives of:
 Clause 56.06-2 Walking and cycling network.
 Clause 56.06-3 Public transport network.
 Clause 56.06-4 Neighbourhood street network.

56.06-2 Walking and cycling network objectives


09/10/2006
VC42
To contribute to community health and well being by encouraging walking and cycling as
part of the daily lives of residents, employees and visitors.
To provide safe and direct movement through and between neighbourhoods by pedestrians
and cyclists.
To reduce car use, greenhouse gas emissions and air pollution.

Standard C15

The walking and cycling network should be designed to:


 Implement any relevant regional and local walking and cycling strategy, plan or policy
for the area set out in this scheme.
 Link to any existing pedestrian and cycling networks.
 Provide safe walkable distances to activity centres, community facilities, public
transport stops and public open spaces.
 Provide an interconnected and continuous network of safe, efficient and convenient
footpaths, shared paths, cycle paths and cycle lanes based primarily on the network of
arterial roads, neighbourhood streets and regional public open spaces.
 Provide direct cycling routes for regional journeys to major activity centres, community
facilities, public transport and other regional activities and for regional recreational
cycling.
 Ensure safe street and road crossings including the provision of traffic controls where
required.
 Provide an appropriate level of priority for pedestrians and cyclists.

PARTICULAR PROVISIONS - CLAUSE 56.06 PAGE 1 OF 11


 Have natural surveillance along streets and from abutting dwellings and be designed for
personal safety and security particularly at night.
 Be accessible to people with disabilities.

56.06-3 Public transport network objectives


09/10/2006
VC42
To provide an arterial road and neighbourhood street network that supports a direct,
efficient and safe public transport system.
To encourage maximum use of public transport.

Standard C16

The public transport network should be designed to:


 Implement any relevant public transport strategy, plan or policy for the area set out in
this scheme.
 Connect new public transport routes to existing and proposed routes to the satisfaction
of the relevant public transport authority.
 Provide for public transport links between activity centres and other locations that
attract people using the Principal Public Transport Network in Metropolitan Melbourne
and the regional public transport network outside Metropolitan Melbourne.
 Locate regional bus routes principally on arterial roads and locate local bus services
principally on connector streets to provide:
 Safe and direct movement between activity centres without complicated turning
manoeuvres.
 Direct travel between neighbourhoods and neighbourhood activity centres.
 A short and safe walk to a public transport stop from most dwellings.

56.06-4 Neighbourhood street network objective


18/06/2010
VC62
To provide for direct, safe and easy movement through and between neighbourhoods for
pedestrians, cyclists, public transport and other motor vehicles using the neighbourhood
street network.

Standard C17

The neighbourhood street network must:


 Take account of the existing mobility network of arterial roads, neighbourhood streets,
cycle paths, shared paths, footpaths and public transport routes.
 Provide clear physical distinctions between arterial roads and neighbourhood street
types.
 Comply with the Roads Corporation’s arterial road access management policies.
 Provide an appropriate speed environment and movement priority for the safe and easy
movement of pedestrians and cyclists and for accessing public transport.
 Provide safe and efficient access to activity centres for commercial and freight vehicles.
 Provide safe and efficient access to all lots for service and emergency vehicles.
 Provide safe movement for all vehicles.

PARTICULAR PROVISIONS - CLAUSE 56.06 PAGE 2 OF 11


 Incorporate any necessary traffic control measures and traffic management
infrastructure.
The neighbourhood street network should be designed to:
 Implement any relevant transport strategy, plan or policy for the area set out in this
scheme.
 Include arterial roads at intervals of approximately 1.6 kilometres that have adequate
reservation widths to accommodate long term movement demand.
 Include connector streets approximately halfway between arterial roads and provide
adequate reservation widths to accommodate long term movement demand.
 Ensure connector streets align between neighbourhoods for direct and efficient
movement of pedestrians, cyclists, public transport and other motor vehicles.
 Provide an interconnected and continuous network of streets within and between
neighbourhoods for use by pedestrians, cyclists, public transport and other vehicles.
 Provide an appropriate level of local traffic dispersal.
 Indicate the appropriate street type.
 Provide a speed environment that is appropriate to the street type.
 Provide a street environment that appropriately manages movement demand (volume,
type and mix of pedestrians, cyclists, public transport and other motor vehicles).
 Encourage appropriate and safe pedestrian, cyclist and driver behaviour.
 Provide safe sharing of access lanes and access places by pedestrians, cyclists and
vehicles.
 Minimise the provision of culs-de-sac.
 Provide for service and emergency vehicles to safely turn at the end of a dead-end
street.
 Facilitate solar orientation of lots.
 Facilitate the provision of the walking and cycling network, integrated water
management systems, utilities and planting of trees.
 Contribute to the area’s character and identity.
 Take account of any identified significant features.

56.06-5 Walking and cycling network detail objectives


09/10/2006
VC42
To design and construct footpaths, shared path and cycle path networks that are safe,
comfortable, well constructed and accessible for people with disabilities.
To design footpaths to accommodate wheelchairs, prams, scooters and other footpath bound
vehicles.

Standard C18

Footpaths, shared paths, cycle paths and cycle lanes should be designed to:
 Be part of a comprehensive design of the road or street reservation.
 Be continuous and connect.
 Provide for public transport stops, street crossings for pedestrians and cyclists and kerb
crossovers for access to lots.

PARTICULAR PROVISIONS - CLAUSE 56.06 PAGE 3 OF 11


 Accommodate projected user volumes and mix.
 Meet the requirements of Table C1.
 Provide pavement edge, kerb, channel and crossover details that support safe travel for
pedestrians, footpath bound vehicles and cyclists, perform required drainage functions
and are structurally sound.
 Provide appropriate signage.
 Be constructed to allow access to lots without damage to the footpath or shared path
surfaces.
 Be constructed with a durable, non-skid surface.
 Be of a quality and durability to ensure:
 Safe passage for pedestrians, cyclists, footpath bound vehicles and vehicles.
 Discharge of urban run-off.
 Preservation of all-weather access.
 Maintenance of a reasonable, comfortable riding quality.
 A minimum 20 year life span.
 Be accessible to people with disabilities and include tactile ground surface indicators,
audible signals and kerb ramps required for the movement of people with disabilities.

56.06-6 Public transport network detail objectives


09/10/2006
VC42
To provide for the safe, efficient operation of public transport and the comfort and
convenience of public transport users.
To provide public transport stops that are accessible to people with disabilities.

Standard C19

Bus priority measures must be provided along arterial roads forming part of the existing or
proposed Principal Public Transport Network in Metropolitan Melbourne and the regional
public transport network outside Metropolitan Melbourne to the requirements of the
relevant roads authority.
Road alignment and geometry along bus routes should provide for the efficient, unimpeded
movement of buses and the safety and comfort of passengers.
The design of public transport stops should not impede the movement of pedestrians.
Bus and tram stops should have:
 Surveillance from streets and adjacent lots.
 Safe street crossing conditions for pedestrians and cyclists.
 Safe pedestrian crossings on arterial roads and at schools including the provision of
traffic controls as required by the roads authority.
 Continuous hard pavement from the footpath to the kerb.
 Sufficient lighting and paved, sheltered waiting areas for forecast user volume at
neighbourhood centres, schools and other locations with expected high patronage.
 Appropriate signage.

PARTICULAR PROVISIONS - CLAUSE 56.06 PAGE 4 OF 11


Public transport stops and associated waiting areas should be accessible to people with
disabilities and include tactile ground surface indicators, audible signals and kerb ramps
required for the movement of people with physical disabilities.

56.06-7 Neighbourhood street network detail objective


15/09/2008
VC49
To design and construct street carriageways and verges so that the street geometry and
traffic speeds provide an accessible and safe neighbourhood street system for all users.

Standard C20

The design of streets and roads should:


 Meet the requirements of Table C1. Where the widths of access lanes, access places,
and access streets do not comply with the requirements of Table C1, the requirements of
the relevant fire authority and roads authority must be met.
 Provide street blocks that are generally between 120 metres and 240 metres in length
and generally between 60 metres to 120 metres in width to facilitate pedestrian
movement and control traffic speed.
 Have verges of sufficient width to accommodate footpaths, shared paths, cycle paths,
integrated water management, street tree planting, lighting and utility needs.
 Have street geometry appropriate to the street type and function, the physical land
characteristics and achieve a safe environment for all users.
 Provide a low-speed environment while allowing all road users to proceed without
unreasonable inconvenience or delay.
 Provide a safe environment for all street users applying speed control measures where
appropriate.
 Ensure intersection layouts clearly indicate the travel path and priority of movement for
pedestrians, cyclists and vehicles.
 Provide a minimum 5 metre by 5 metre corner splay at junctions with arterial roads and
a minimum 3 metre by 3 metre corner splay at other junctions unless site conditions
justify a variation to achieve safe sight lines across corners.
 Ensure streets are of sufficient strength to:
 Enable the carriage of vehicles.
 Avoid damage by construction vehicles and equipment.
 Ensure street pavements are of sufficient quality and durability for the:
 Safe passage of pedestrians, cyclists and vehicles.
 Discharge of urban run-off.
 Preservation of all-weather access and maintenance of a reasonable, comfortable
riding quality.
 Ensure carriageways of planned arterial roads are designed to the requirements of the
relevant road authority.
 Ensure carriageways of neighbourhood streets are designed for a minimum 20 year life
span.
 Provide pavement edges, kerbs, channel and crossover details designed to:
 Perform the required integrated water management functions.
 Delineate the edge of the carriageway for all street users.

PARTICULAR PROVISIONS - CLAUSE 56.06 PAGE 5 OF 11


 Provide efficient and comfortable access to abutting lots at appropriate locations.
 Contribute to streetscape design.
 Provide for the safe and efficient collection of waste and recycling materials from lots.
 Be accessible to people with disabilities.
 Meet the requirements of Table C1. Where the widths of access lanes, access places,
and access streets do not comply with the requirements of Table C1, the requirements of
the relevant fire authority and roads authority must be met. Where the widths of
connector streets do not comply with the requirements of Table C1, the requirements of
the relevant public transport authority must be met.
A street detail plan should be prepared that shows, as appropriate:
 The street hierarchy and typical cross-sections for all street types.
 Location of carriageway pavement, parking, bus stops, kerbs, crossovers, footpaths,
tactile surface indicators, cycle paths and speed control and traffic management devices.
 Water sensitive urban design features.
 Location and species of proposed street trees and other vegetation.
 Location of existing vegetation to be retained and proposed treatment to ensure its
health.
 Any relevant details for the design and location of street furniture, lighting, seats, bus
stops, telephone boxes and mailboxes.

56.06-8 Lot access objective


18/06/2010
VC62
To provide for safe vehicle access between roads and lots.

Standard C21

Vehicle access to lots abutting arterial roads should be provided from service roads, side or
rear access lanes, access places or access streets where appropriate and in accordance with
the access management requirements of the relevant roads authority.
Vehicle access to lots of 300 square metres or less in area and lots with a frontage of 7.5
metres or less should be provided via rear or side access lanes, places or streets.
The design and construction of a crossover should meet the requirements of the relevant
road authority.

Table C1 Design of roads and neighbourhood streets

Access Lane

A side or rear lane principally providing access to parking on lots with another street
frontage.
1
 Traffic volume 300vpd
2
 Target speed 10kph
3 6
 Carriageway width 5.5m wide with no parking spaces to be provided.
& parking provision
Appropriately signed.
within street
reservation

PARTICULAR PROVISIONS - CLAUSE 56.06 PAGE 6 OF 11


4
 Verge width No verge required.
5
 Kerbing

 Footpath provision None

Carriageway designed as a shared zone and appropriately


signed.

 Cycle path None


provision

Access Place

A minor street providing local residential access with shared traffic, pedestrian and
recreation use, but with pedestrian priority.
1
 Traffic volume 300vpd to1000vpd
2
 Target speed 15kph
3
 Carriageway width 5.5m wide with 1 hard standing verge parking space per 2 lots.
& parking provision
or
within street
reservation 5.5m wide with parking on carriageway - one side.

Appropriately signed.
4
 Verge width 7.5m minimum total width.

For services provide a minimum of 3.5m on one side and a


minimum of 2.5m on the other.
5
 Kerbing Semi-mountable rollover or flush and swale or other water
sensitive urban design treatment area.

 Footpath provision Not required if serving 5 dwellings or less and the carriageway is
designed as a shared zone and appropriately signed.

or
1.5m wide footpath offset a minimum distance of 1m from the
kerb.

 Cycle path None


provision

Access Street - Level 1

A street providing local residential access where traffic is subservient, speed and volume
are low and pedestrian and bicycle movements are facilitated.
1
 Traffic volume 1000vpd to 2000vpd
2
 Target speed 30kph
3
 Carriageway width 5.5m wide with1 hard standing verge parking space per 2 lots.
& parking provision
within street
reservation
4
 Verge width 4m minimum each side
5
 Kerbing Semi-mountable rollover or flush and swale or other water

PARTICULAR PROVISIONS - CLAUSE 56.06 PAGE 7 OF 11


sensitive urban design treatment area.

 Footpath provision 1.5m wide footpaths on both sides.

Footpaths should be widened to 2.0m in vicinity of a school, shop


or other activity centre.

Be offset a minimum distance of 1m from the kerb.

 Cycle path Carriageway designed as a shared zone and appropriately


provision signed.

Access Street - Level 2

A street providing local residential access where traffic is subservient, speed and volume
are low and pedestrian and bicycle movements are facilitated.
1
 Traffic volume 2000vpd to 3000vpd
2
 Target speed 40kph
3
 Carriageway width 7m-7.5m wide with parking on both sides of carriageway
& parking provision
within street
reservation
4
 Verge width 4.5m minimum each side
5
 Kerbing Semi-mountable rollover or flush and swale or other water
sensitive urban design treatment area.

 Footpath provision 1.5m wide footpaths on both sides.

Footpaths should be widened to 2.0m in vicinity of a school, shop


or other activity centre.

Be offset a minimum distance of 1m from the kerb.

 Cycle path Carriageway designed as a shared zone and appropriately


provision signed.

Connector Street - Level 1

A street that carries higher volumes of traffic. It connects access places and access streets
through and between neighbourhoods.
1
 Traffic volume 3000 vpd
2 7
 Target speed 50 kph reduced to 40 kph at schools and 20 kph at pedestrian
and cycle crossing points.
3
 Carriageway width ,  3.5m minimum lane width in each direction of travel.
cycle lane
 4.0m minimum lane width at approaches to and departures
provision, parking
from roundabouts and T-intersections.
provision and bus
stops within street  For on-street cycling, increase the minimum clear carriageway
reservation in each direction by:
 0.7m where the trafficable carriageway is shared by
cyclists but no dedicated bicycle lane is marked on the
carriageway; or
 1.5m where a trafficable carriageway is shared by cyclists
but no dedicated bicycle lane is marked on the

PARTICULAR PROVISIONS - CLAUSE 56.06 PAGE 8 OF 11


carriageway and there is a single lane in each direction
separated by a raised trafficable median of at least 2.0m
in width with mountable kerbs; or
 1.7m where a dedicated 1.7m wide bicycle lane is
marked on the carriageway.

 An additional dedicated parking lane or indented parking


within the verge must be provided where street parking is
required. A parking lane width of 2.3m is required where
parallel parking is provided.

 Bus stops at the kerbside, not indented within the verge.


4
 Verge width 4.5m minimum each side.
5
 Kerbing Semi-mountable rollover or flush and swale or other water
sensitive urban design treatment area.

 Footpath provision  1.5m wide footpaths on both sides.

 Footpath widened to a minimum 2.0m in the vicinity of a


school, shop, public transport stop or other activity centre.

 Footpaths offset a minimum distance of 1m from the kerb.

Connector Street - Level 2

A street that carries higher volumes of traffic. It connects access places and access streets
through and between neighbourhoods.
1
 Traffic volume 3,000 vpd to 7,000 vpd
2 8
 Target speed 60 kph or 50km/h reduced to 40kph at schools.
3
 Carriageway width ,  3.5m minimum lane width in each direction of travel.
cycle lane
 4.0m minimum lane width at approaches to and departures
provision, parking
from roundabouts and T-intersections.
provision and bus
stops within street  7.0m minimum carriageway width in each direction of travel
reservation where there are two lanes in each direction separated by a
non-trafficable central medium.

 8.0m minimum carriageway width at approaches to and


departures from roundabouts and T-intersections where there
are two lanes in each direction separated by an non-
trafficable central medium.

 For on-street cycling, increase the minimum clear carriageway


in each direction by:
 0.7m where the trafficable carriageway is shared by
cyclists but no dedicated bicycle lane is marked on the
carriageway; or
 1.7m where a dedicated 1.7m wide dedicated bicycle
lane is marked on the carriageway
 0.3m where there are two trafficable lanes in each
direction separated by a non-trafficable central median
and the carriageways are shared by cyclists but no
dedicated bicycle lane is marked on the carriageway; or
 0.5m where there are two trafficable lanes in each
direction separated by a non-trafficable central median
and a 1.7m wide dedicated bicycle lane is marked on the

PARTICULAR PROVISIONS - CLAUSE 56.06 PAGE 9 OF 11


carriageway.

 An additional dedicated parking lane or indented parking


within the verge must be provided where street parking is
required. A parking lane width of 2.3m is required where
parallel parking is provided.

 Bus stops located at the kerbside, not indented within the


verge.
4
 Verge width  6m minimum each side (plus central median).
5
 Kerbing  Semi-mountable rollover or flush and swale or other water
sensitive urban design treatment area.

 Footpath and cycle  1.5m wide footpath on each side and 1.7m bicycle lanes on
path provision the carriageway; or

 2.5m wide shared foot and cycle path on both sides and no
dedicate bicycle lanes marked on the carriageway.

 Footpaths widened to a minimum of 2.0m in the vicinity of a


school, shop, public transport stop or other activity centre.

 Footpaths or shared foot and cycle paths offset a minimum


distance of 1m from the kerb.

Arterial Road

1
 Traffic volume Greater than 7000vpd
2
 Target speed Arterial road design as required by the relevant roads authority.
3
 Carriageway width Arterial road design as required by the relevant roads authority.
& parking provision
within street
reservation
4
 Verge width Arterial road design as required by the relevant roads authority.
5
 Kerbing Arterial road design as required by the relevant roads authority.

 Footpath & cycle 3m wide shared path on each side or as otherwise required by
path provision the relevant roads authority.

Key to Table C1

1. Indicative maximum traffic volume for 24-hour period. These volumes depend upon
location. Generation rates may vary between existing and newly developing areas.
2. Target speed is the desired speed at which motorists should travel. This is not
necessarily the design speed and is not greater than the marked legal speed limit.
3. Width is measured from kerb invert to kerb invert. Widening may be required at bends
to allow for wider vehicle paths using appropriate Australian Standards for on street and
off-street parking but should not negate the function of bends serving as slow points.
4. Verge width includes footpaths. Additional width may be required to accommodate a
bicycle path.
5. Where drainage is not required a flush pavement edge treatment can be used. Layback
kerbs are preferred for safety reasons. Upright kerbs may be considered for drainage
purposes or in locations where on-street parking should be clearly defined and parking
within the verge is not desired.

PARTICULAR PROVISIONS - CLAUSE 56.06 PAGE 10 OF 11


6. Turning requirements to access and egress parking on abutting lots may require
additional carriageway width. The recommended carriageway width of 5.5m will
provide adequate access to a standard 3.5m wide single garage built to the property line.
7. 50kph is the default urban speed limit in Victoria.
8. Target speed must not exceed the legal speed limit.

PARTICULAR PROVISIONS - CLAUSE 56.06 PAGE 11 OF 11


56.07 INTEGRATED WATER MANAGEMENT
09/10/2006
VC42

56.07-1 Drinking water supply objectives


09/10/2006
VC42
To reduce the use of drinking water.
To provide an adequate, cost-effective supply of drinking water.

Standard C22

The supply of drinking water must be:

ƒ Designed and constructed in accordance with the requirements and to the satisfaction of
the relevant water authority.
ƒ Provided to the boundary of all lots in the subdivision to the satisfaction of the relevant
water authority.

56.07-2 Reused and recycled water objective


09/10/2006
VC42
To provide for the substitution of drinking water for non-drinking purposes with reused and
recycled water.

Standard C23

Reused and recycled water supply systems must be:

ƒ Designed, constructed and managed in accordance with the requirements and to the
satisfaction of the relevant water authority, Environment Protection Authority and
Department of Human Services.
ƒ Provided to the boundary of all lots in the subdivision where required by the relevant
water authority.

56.07-3 Waste water management objective


09/10/2006
VC42
To provide a waste water system that is adequate for the maintenance of public health and
the management of effluent in an environmentally friendly manner.

Standard C24

Waste water systems must be:

ƒ Designed, constructed and managed in accordance with the requirements and to the
satisfaction of the relevant water authority and the Environment Protection Authority.
ƒ Consistent with any relevant approved domestic waste water management plan.

Reticulated waste water systems must be provided to the boundary of all lots in the
subdivision where required by the relevant water authority.

PARTICULAR PROVISIONS - CLAUSE 56.07 PAGE 1 OF 3


56.07-4 Urban run-off management objectives
09/10/2006
VC42
To minimise damage to properties and inconvenience to residents from urban run-off.
To ensure that the street operates adequately during major storm events and provides for
public safety.
To minimise increases in stormwater run-off and protect the environmental values and
physical characteristics of receiving waters from degradation by urban run-off.

Standard C25

The urban stormwater management system must be:

ƒ Designed and managed in accordance with the requirements and to the satisfaction of
the relevant drainage authority.
ƒ Designed and managed in accordance with the requirements and to the satisfaction of
the water authority where reuse of urban run-off is proposed.
ƒ Designed to meet the current best practice performance objectives for stormwater
quality as contained in the Urban Stormwater – Best Practice Environmental
Management Guidelines (Victorian Stormwater Committee 1999) as amended.
ƒ Designed to ensure that flows downstream of the subdivision site are restricted to pre-
development levels unless increased flows are approved by the relevant drainage
authority and there are no detrimental downstream impacts.

The stormwater management system should be integrated with the overall development
plan including the street and public open space networks and landscape design.
For all storm events up to and including the 20% Average Exceedence Probability (AEP)
standard:

ƒ Stormwater flows should be contained within the drainage system to the requirements
of the relevant authority.
ƒ Ponding on roads should not occur for longer than 1 hour after the cessation of rainfall.

For storm events greater than 20% AEP and up to and including 1% AEP standard:

ƒ Provision must be made for the safe and effective passage of stormwater flows.
ƒ All new lots should be free from inundation or to a lesser standard of flood protection
where agreed by the relevant floodplain management authority.
ƒ Ensure that streets, footpaths and cycle paths that are subject to flooding meet the safety
criteria da Vave < 0.35 m2/s (where, da = average depth in metres and Vave = average
velocity in metres per second).

The design of the local drainage network should:

ƒ Ensure run-off is retarded to a standard required by the responsible drainage authority.


ƒ Ensure every lot is provided with drainage to a standard acceptable to the relevant
drainage authority. Wherever possible, run-off should be directed to the front of the lot
and discharged into the street drainage system or legal point of discharge.
ƒ Ensure that inlet and outlet structures take into account the effects of obstructions and
debris build up. Any surcharge drainage pit should discharge into an overland flow in a
safe and predetermined manner.

PARTICULAR PROVISIONS - CLAUSE 56.07 PAGE 2 OF 3


ƒ Include water sensitive urban design features to manage run-off in streets and public
open space. Where such features are provided, an application must describe
maintenance responsibilities, requirements and costs.

Any flood mitigation works must be designed and constructed in accordance with the
requirements of the relevant floodplain management authority.

PARTICULAR PROVISIONS - CLAUSE 56.07 PAGE 3 OF 3


56.08 SITE MANAGEMENT
09/10/2006
VC42

56.08-1 Site management objectives


09/10/2006
VC42
To protect drainage infrastructure and receiving waters from sedimentation and
contamination.
To protect the site and surrounding area from environmental degradation or nuisance prior
to and during construction of subdivision works.
To encourage the re-use of materials from the site and recycled materials in the
construction of subdivisions where practicable.

Standard C26

A subdivision application must describe how the site will be managed prior to and during
the construction period and may set out requirements for managing:

ƒ Erosion and sediment.


ƒ Dust.
ƒ Run-off.
ƒ Litter, concrete and other construction wastes.
ƒ Chemical contamination.
ƒ Vegetation and natural features planned for retention.

Recycled material should be used for the construction of streets, shared paths and other
infrastructure where practicable.

PARTICULAR PROVISIONS - CLAUSE 56.08 PAGE 1 OF 1


56.09 UTILITIES
15/09/2008
VC49

55.09-1 Shared trenching objectives


09/10/2006
VC42
To maximise the opportunities for shared trenching.
To minimise constraints on landscaping within street reserves.

Standard C27

Reticulated services for water, gas, electricity and telecommunications should be provided
in shared trenching to minimise construction costs and land allocation for underground
services.

56.09-2 Electricity, telecommunications and gas objectives


09/10/2006
VC42
To provide public utilities to each lot in a timely, efficient and cost effective manner.
To reduce greenhouse gas emissions by supporting generation and use of electricity from
renewable sources.

Standard C28

The electricity supply system must be designed in accordance with the requirements of the
relevant electricity supply agency and be provided to the boundary of all lots in the
subdivision to the satisfaction of the relevant electricity authority.
Arrangements that support the generation or use of renewable energy at a lot or
neighbourhood level are encouraged.
The telecommunication system must be designed in accordance with the requirements of
the relevant telecommunications servicing agency and should be consistent with any
approved strategy, policy or plan for the provision of advanced telecommunications
infrastructure, including fibre optic technology. The telecommunications system must be
provided to the boundary of all lots in the subdivision to the satisfaction of the relevant
telecommunications servicing authority.
Where available, the reticulated gas supply system must be designed in accordance with the
requirements of the relevant gas supply agency and be provided to the boundary of all lots
in the subdivision to the satisfaction of the relevant gas supply agency.

56.09-3 Fire hydrants objective


15/09/2008
VC49
To provide fire hydrants and fire plugs in positions that enable fire fighters to access water
safely, effectively and efficiently.

Standard C29

Fire hydrants should be provided:

 A maximum distance of 120 metres from the rear of the each lot.
 No more than 200 metres apart.

Hydrants and fire plugs must be compatible with the relevant fire service equipment.
Where the provision of fire hydrants and fire plugs does not comply with the requirements
of standard C29, fire hydrants must be provided to the satisfaction of the relevant fire
authority.

PARTICULAR PROVISIONS - CLAUSE 56.09 PAGE 1 OF 2


56.09-4
09/10/2006
VC42
Public lighting objective

To provide public lighting to ensure the safety of pedestrians, cyclists and vehicles.
To provide pedestrians with a sense of personal safety at night.
To contribute to reducing greenhouse gas emissions and to saving energy.

Standard C30

Public lighting should be provided to streets, footpaths, public telephones, public transport
stops and to major pedestrian and cycle paths including public open spaces that are likely to
be well used at night to assist in providing safe passage for pedestrians, cyclists and
vehicles.
Public lighting should be designed in accordance with the relevant Australian Standards.
Public lighting should be consistent with any strategy, policy or plan for the use of
renewable energy and energy efficient fittings.

PARTICULAR PROVISIONS - CLAUSE 56.09 PAGE 2 OF 2


56.10 TRANSITIONAL ARRANGEMENTS
09/10/2006
VC42
Purpose

To provide transitional arrangements to permit applications made to the responsible


authority before 9 October 2006.

Transitional arrangements for all planning schemes

The requirements of Clause 56 of the planning scheme as in force immediately before 9


October 2006 continue to apply to a permit application made before that date to the extent
that, but for this clause, Clause 56 would apply to such an application.

Expiry

This clause does not apply after 9 October 2007.

PARTICULAR PROVISIONS - CLAUSE 56.10 PAGE 1 OF 1


57 METROPOLITAN GREEN WEDGE LAND
17/09/2007
VC45
Purpose

To protect metropolitan green wedge land from uses and development that would diminish
its agricultural, environmental, cultural heritage, conservation, landscape natural resource
or recreation values.
To protect productive agricultural land from incompatible uses and development.
To ensure that the scale of use is compatible with the non-urban character of metropolitan
green wedge land.
To encourage the location of urban activities in urban areas.
To provide transitional arrangements for permit applications made to the responsible
authority before 19 May 2004.
To provide deeming provisions for metropolitan green wedge land.

57.01 CORE PLANNING PROVISIONS


19/01/2006
VC37
Application

These provisions apply to land outside an Urban Growth Boundary as shown on a planning
scheme map in this scheme unless any of the following apply:
ƒ The land is in a Residential 1 Zone, Residential 2 Zone, Low Density Residential Zone,
Mixed Use Zone, Township Zone, Industrial 1 Zone, Industrial 2 Zone, Industrial 3
Zone, Business 1 Zone, Business 2 Zone, Business 3 Zone, Business 4 Zone, Business
5 Zone, Public Use Zone, Public Park and Recreation Zone, Road Zone or Urban
Floodway Zone.
ƒ The land is identified in the schedule to this clause.

57.01-1 Use of land


19/01/2006
VC37
A use listed in the table to this clause is prohibited. This does not apply if a condition
opposite the use is met.
Table to Clause 57.01-1
USE CONDITION
Accommodation (other than Camping
and caravan park, Corrective institution,
Dependent person’s unit, Dwelling,
Group accommodation, Host farm, and
Residential building)
Brothel
Child care centre
Cinema based entertainment facility
Display home

Dwelling Must be the only dwelling on the lot. This does


not apply to the replacement of an existing
dwelling if the existing dwelling is removed or
altered (so it can no longer be used as a
dwelling) within one month of the occupation
of the replacement dwelling.

Education centre

PARTICULAR PROVISIONS – CLAUSE 57 PAGE 1 OF 4


USE CONDITION
Freezing and cool storage The goods stored must be agricultural
produce, or products used in agriculture.

Function centre Must be used in conjunction with Agriculture,


Outdoor recreation facility, Rural industry, or
Winery.

No more than 150 patrons may be present at


any time. If used in conjunction with
Restaurant, the total number of patrons
present at any time must not exceed 150.

Funeral parlour

Group accommodation Must be used in conjunction with Agriculture,


Outdoor recreation facility, Rural industry, or
Winery.

Must be no more than 40 dwellings.

Hospital

Indoor recreation facility Must be for equestrian based leisure,


recreation, or sport.

Industry (other than Materials recycling,


Refuse disposal, Refuse transfer
station, Research and development
centre, and Rural industry)

Major sports and recreation facility Must be for outdoor leisure, recreation, or
sport.

Manufacturing sales Must be an incidental part of Rural industry.

Materials recycling Must be used in conjunction with Refuse


disposal or Refuse transfer station.

Office
Place of assembly (other than Carnival,
Circus, Exhibition centre, Function
centre, Hall, Place of worship, and
Restricted place of assembly)

Research and development centre Must be used in conjunction with Agriculture,


Natural systems, Rural industry, or Winery.

Research centre Must be used in conjunction with Agriculture,


Natural systems, Rural industry, or Winery.

Residential building (other than Must be used in conjunction with Agriculture,


Residential hotel) Outdoor recreation facility, Rural industry, or
Winery.

Must be used to provide accommodation for


persons away from their normal place of
residence.

Residential hotel Must be used in conjunction with Agriculture,


Outdoor recreation facility, Rural industry, or
Winery.

Must be no more than 80 bedrooms.

PARTICULAR PROVISIONS – CLAUSE 57 PAGE 2 OF 4


USE CONDITION
Restaurant Must be used in conjunction with Agriculture,
Outdoor recreation facility, Rural industry, or
Winery.

No more than 150 patrons may be present at


any time. If used in conjunction with Function
centre, the total number of patrons present at
any time must not exceed 150.

Restricted place of assembly Must not be used for more than 30 days in a
calendar year.

Retail premises (other than


Manufacturing sales, Market, Plant
nursery, Primary produce sales, and
Restaurant)
Service station
Warehouse (other than Freezing and cool
storage, Milk depot, Rural store, Solid
fuel depot, and Vehicle store)

Wind energy facility Must not be on land in a Rural Conservation


Zone.

57.01-2 Subdivision
19/01/2006
VC37
The subdivision of land to create a lot that is smaller in area than the minimum area
specified for the land in the zone is prohibited unless:
ƒ The subdivision is the re-subdivision of existing lots, the number of lots is not
increased, and the number of dwellings that the land could be used for does not
increase. An agreement under Section 173 of the Act must be entered into with the
owner of each lot created which ensures that the land may not be further subdivided so
as to increase the number of lots. The agreement must be registered on title. The
requirement to enter into an agreement only applies to a lot which could be further
subdivided in accordance with this scheme.
ƒ The subdivision is by a public authority or utility service provider to create a lot for a
utility installation.

57.01-3 Existing uses


19/01/2006
VC37
If an existing use right is established by these provisions, Clauses 63.05 and 63.08 apply to
the use as if the use were in Section 3 of a zone.

57.02 TRANSITIONAL ARRANGEMENTS FOR PERMIT APPLICATIONS


19/01/2006
VC37
The requirements of the planning scheme as in force immediately before 19 May 2004,
continue to apply to a permit application made before that date to the extent that, but for
this clause, Clauses 35.04, 35.05, 35.06 or 57.01 would apply to such an application. This
does not apply to a permit application to subdivide land.

57.03 DEEMING PROVISIONS FOR LAND OUTSIDE AN URBAN GROWTH


19/01/2006 BOUNDARY
VC37

Any reference in this planning scheme to a Rural Zone or a schedule to a Rural Zone as it
applies to land outside an Urban Growth Boundary is deemed to be a reference to a Green
Wedge Zone or a schedule to a Green Wedge Zone.

PARTICULAR PROVISIONS – CLAUSE 57 PAGE 3 OF 4


Any reference in this planning scheme to a Rural Living Zone or a schedule to a Rural
Living Zone as it applies to land outside an Urban Growth Boundary is deemed to be a
reference to a Green Wedge A Zone or a schedule to a Green Wedge A Zone.
Any reference in this planning scheme to an Environmental Rural Zone or a schedule to an
Environmental Rural Zone as it applies to land outside an Urban Growth Boundary is
deemed to be a reference to a Rural Conservation Zone or a schedule to a Rural
Conservation Zone.

PARTICULAR PROVISIONS – CLAUSE 57 PAGE 4 OF 4


General
Provisions
60 GENERAL PROVISIONS
19/01/2006
VC37
This section sets out provisions about the administration of this scheme, existing uses,
decision guidelines, referral of applications and other matters.

GENERAL PROVISIONS - CLAUSE 60 PAGE 1 OF 1


61 ADMINISTRATION OF THIS SCHEME
19/01/2006
VC37

GENERAL PROVISIONS - CLAUSE 61 PAGE 1 OF 1


61.01 Administration and enforcement of this scheme
19/01/2006
VC37
The responsible authority for the administration and enforcement of this scheme is
specified in the schedule to this clause.
The person nominated under Section 198(1)(a) of the Act or the responsible authority
under Section 198 (1)(b) of the Act, to whom a person may apply for a planning certificate,
is specified in the schedule to this clause.

GENERAL PROVISIONS - CLAUSE 61.01 PAGE 1 OF 1


61.02 What area is covered by this scheme?
19/01/2006
VC37
This planning scheme applies to the municipal district or other area specified in the
schedule to this clause.

GENERAL PROVISIONS - CLAUSE 61.02 PAGE 1 OF 1


61.03 What does this scheme consist of?
17/09/2007
VC45
This scheme consists of this document, any maps specified in the schedule to this clause,
and any document incorporated in the scheme in accordance with the Act. A document is
not incorporated in this scheme by reason only that it is referred to in the scheme.
This document consists of State standard provisions and local provisions. Local provisions
are identified by the inclusion of the name of the planning scheme in the page header. All
other provisions are State standard provisions.

GENERAL PROVISIONS - CLAUSE 61.03 PAGE 1 OF 1


61.04 When did this scheme begin?
19/01/2006
VC37
This scheme began on the date specified in the schedule to this clause.

GENERAL PROVISIONS - CLAUSE 61.04 PAGE 1 OF 1


61.05 Effect of this scheme
19/01/2006
VC37
Land may be used or developed only in accordance with this scheme.
Land must not be developed unless the land as developed can be used in accordance with
this scheme.
If this scheme allows a particular use of land, it may be developed for that use provided all
requirements of the scheme are met.

GENERAL PROVISIONS - CLAUSE 61.05 PAGE 1 OF 1


61.06 Determination of boundaries
19/01/2006
VC37
If a boundary in this scheme is not precisely shown on a planning scheme map or is not
otherwise defined, the certificate issuing authority must determine the boundary if asked to
do so and must notify the applicant within 60 days.

GENERAL PROVISIONS - CLAUSE 61.06 PAGE 1 OF 1


62 USES, BUILDINGS, WORKS, SUBDIVISIONS AND DEMOLITION NOT
18/06/2010 REQUIRING A PERMIT
VC62

62.01 Uses not requiring a permit


15/09/2008
VC49 Any requirement in this scheme relating to the use of land does not apply to:

 The use of land in a road if the use is associated with the use of adjoining land and is
authorised by the Council under a local law.
 The use of land in a road to trade from a stall, stand, motor vehicle, trailer, barrow or
other similar device if the use is authorised by the Council under a local law.
 The use of land for wind measurement by an anemometer for 3 years or less.
 The use of land for Geothermal energy exploration carried out in accordance with the
Geothermal Energy Resources Act 2005.
 The use of land associated with geothermal extraction if the conditions of Clause
52.08-4 are met.
 The use of land for temporary portable land sales office located on the land for sale.

62.02 Buildings and works


18/06/2010
VC62
 Clauses 62.02-1 and 62.02-2 set out exemptions from permit requirements in this
scheme relating to the construction of a building or the construction or carrying out of
works. These exemptions do not apply to the removal, destruction or lopping of trees
and the removal of vegetation. Exemptions for vegetation removal are set out in Clause
62.02-3.

62.02-1 Buildings and works not requiring a permit


23/02/2009
VC53
Any requirement in this scheme relating to the construction of a building or the construction
or carrying out of works does not apply to:

 Buildings or works which provide for fire protection under relevant legislation.
 Emergency works undertaken by, or on behalf of, a municipality, public authority or
utility service provider in the exercise of any power conferred on them under any Act.
 Buildings or works with an estimated cost of $1,000,000 or less carried out by or on
behalf of a municipality.
 Maintenance works carried out by a municipality or public authority to prevent or
alleviate flood damage.
 An anemometer located on a site for 3 years or less.
 Buildings and works associated with a use on adjoining land or street trading if
authorised under a local law.
 Gardening.
 Buildings and works associated with a minor utility installation.
 Buildings or works which are a modification necessary to comply with a direction
under the Dangerous Goods Act 1985 or the Occupational Health and Safety Act 2004
or a Waste Discharge Licence, Works Approval or Pollution Abatement Notice under
the Environment Protection Act 1970.

GENERAL PROVISIONS - CLAUSE 62 PAGE 1 OF 4


 Buildings and works associated with a telecommunications facility if the requirements
of Clause 52.19 are met.
 Buildings and works associated with a dam if a licence is required to construct the dam
or to take and use water from the dam under the Water Act 1989.
 Buildings and works associated with a carnival or circus if the requirements of A
‘Good Neighbour’ Code of Practice for a Circus or Carnival, October 1997 are met.
 A temporary portable classroom associated with an education centre located on a site
for 3 years or less.
 A temporary shed or temporary structure for construction purposes, or a temporary
portable land sales office located on the land for sale.
 A children’s cubbyhouse.
 External lighting normal to a dwelling.
 The construction, alteration, removal or demolition of an observational bore where a
licence has been issued for those works under Part 5 of the Water Act 1989.
 Buildings and works associated with geothermal energy exploration carried out in
accordance with the Geothermal Energy Resources Act 2005.

62.02-2 Buildings and works not requiring a permit unless specifically required by
18/06/2010 the planning scheme
VC62

Any requirement in this scheme relating to the construction of a building or the construction
or carrying out of works does not apply to:

 A fence.
 A sign.
 Roadworks.
 Street furniture including post boxes, telephone booths, fire hydrants, bus shelters,
shade sails, traffic control devices and public toilets.
 Park furniture including seating, tables, shelters, rubbish bins, playground equipment,
barbeques, shade sails, drinking fountains and public toilets.
 Furniture and works normally associated with an education centre including, but not
limited to, outdoor furniture, playground equipment, art works, drinking fountains,
rubbish bins and landscaping.
 Disability access and disability facilities associated with an education centre (not
including a lift external to a building).
 Art work that is carried out by or on behalf of a public land manager.
 Oil pipelines.
 Buildings and works associated with a dependent person’s unit.
 Buildings and works associated with mineral exploration.
 Buildings and works associated with mining if the conditions of Clause 52.08-2 are
met.
 Buildings and works associated with search for stone. This does not apply to costeaning
and bulk sampling.
 The internal rearrangement of a building or works provided the gross floor area of the
building, or the size of the works, is not increased and the number of dwellings is not
increased.

GENERAL PROVISIONS - CLAUSE 62 PAGE 2 OF 4


 Repairs and routine maintenance to an existing building or works.
 Domestic services normal to a dwelling.
 A rainwater tank with a capacity of not more than 4500 litres.
 Bicycle pathways and trails.
 A television antenna.
 A flagpole.
 A domestic swimming pool or spa and associated mechanical and safety equipment if
associated with one dwelling on a lot.
 An open-sided pergola or verandah to a dwelling with a finished floor level not more
than 800 mm above ground level and a maximum building height of 3 metres above
ground level.
 A deck to a dwelling with a finished floor level not more than 800 mm above ground
level.
 A disabled access ramp.
 Any works necessary to prevent soil erosion, or to ensure soil conservation or
reclamation.
 Buildings and works associated with geothermal extraction if the conditions of Clause
52.08-4 are met.
 A solar energy facility attached to a building that primarily services the land on which
it is situated.
 Buildings and works associated with cat cages and runs, bird cages, dog houses, and
other domestic animal enclosures associated with the use of the land as a dwelling.
 Buildings and works associated with greenhouse gas sequestration if the conditions of
Clause 52.08-6 are met.

This does not apply if a permit is specifically required for any of these matters.

62.02-3 Vegetation removal


30/08/2006
VC40
Any requirement in this scheme relating to the construction or carrying out of works does
not apply to the removal, destruction or lopping of trees and the removal of vegetation.

This does not apply if a permit is specifically required to remove, destroy or lop trees or to
remove vegetation.

62.03 Events on public land


19/01/2006
VC37 Any requirement in this scheme relating to the use of land or the construction of a building
or the construction or carrying out of works does not apply to:

 an event on public land; or


 temporary buildings or works required for the event;

where that event has been authorised by the public land manager or by the council under a
local law.
An event includes land used to provide temporary cultural or community activities and
entertainment such as a concert, festival or exhibition.

GENERAL PROVISIONS - CLAUSE 62 PAGE 3 OF 4


This does not apply to public land where a local provision of this scheme specifically
regulates an event for a particular site.

62.04 Subdivisions not requiring a permit


19/01/2006
VC37 Any requirement in this scheme relating to the subdivision of land does not apply to:

 A subdivision by an authority acquiring the land which does not create an additional
lot.
 A subdivision by a public authority or utility service provider which does not create an
additional lot other than for the sole purpose of a minor utility installation. This does
not apply if a permit is required to subdivide land under any overlay.
 A subdivision by an authority acquiring the land which creates additional lots if the
additional lots are severed parcels of land without legal access to an existing road and
the additional lots are retained by the acquiring authority or sold to an abutting land
owner on the condition that the lot be consolidated with abutting land.
 A subdivision which realigns the common boundary between two lots if all the land is
in one urban zone and any of the following apply:
 Any lot that is reduced in area meets the minimum lot area and minimum dimensions
(if any) specified for the zone. This does not apply if the area of the smaller lot is
limited by a provision of this scheme, or by a condition of a planning permit.
 There is no minimum lot area specified for the zone, the area of the smaller lot is
more than 230 square metres, and the area of either lot is reduced by less than 30
square metres.
 There is no minimum lot area specified for the zone, the area of the smaller lot is 230
square metres or less, and the area of either lot is reduced by less than 5 percent or
by less than 30 square metres, which ever is lesser.
 The new boundary coincides with a boundary fence that is more than five years old.
This does not apply if all the land is in one ownership.
 A subdivision which realigns the common boundary between two lots if all the land is
in one non-urban zone, the re-subdivision does not allow the number of dwellings the
whole of the land could be used for under this scheme to increase, and any of the
following apply:
 Any lot that is reduced in area meets the minimum lot area and minimum dimensions
(if any) specified for the zone. This does not apply if the area of the smaller lot is
limited by a provision of this scheme, or by a condition of a planning permit.
 There is no minimum lot area specified for the zone, and no part of the boundary is
moved more than 1 metre. This does not apply if the area of the smaller lot would be
less than the area specified by a condition of a planning permit.
 There is no minimum lot area specified for the zone, the new boundary coincides
with the location of a fence that is more than 5 years old, and no part of the boundary
is moved more than 3 metres.

62.05 Demolition
19/01/2006
VC37
A permit is not required for the demolition or removal of a building or works unless a
permit is specifically required for demolition or removal.

GENERAL PROVISIONS - CLAUSE 62 PAGE 4 OF 4


63 EXISTING USES
19/01/2006
VC37

63.01 Extent of existing use rights


19/01/2006
VC37
An existing use right is established in relation to use of land under this scheme if any of the
following apply:

ƒ The use was lawfully carried out immediately before the approval date.
ƒ A permit for the use had been granted immediately before the approval date and the use
commences before the permit expires.
ƒ A permit for the use has been granted under Clause 63.08 and the use commences
before the permit expires.
ƒ Proof of continuous use for 15 years is established under Clause 63.11.
ƒ The use is a lawful continuation by a utility service provider or other private body of a
use previously carried on by a Minister, government department or public authority,
even where the continuation of the use is no longer for a public purpose.

63.02 Characterisation of use


19/01/2006
VC37
If a use of land is being characterised to assess the extent of any existing use right, the use
is to be characterised by the purpose of the actual use at the relevant date, subject to any
conditions or restrictions applying to the use at that date, and not by the classification in the
table to Clause 74 or in Section 1, 2 or 3 of any zone.

63.03 Effect of definitions on existing use rights


19/01/2006
VC37
The definition of a term in this scheme, or the amendment of any definition, does not
increase or restrict the extent of any existing use right established prior to the inclusion of
the definition or amendment.

63.04 Section 1 uses


19/01/2006
VC37
A use in Section 1 of a zone for which an existing use right is established may continue
provided any condition or restriction to which the use was subject and which applies to the
use in Section 1 of the zone continues to be met.

63.05 Sections 2 and 3 uses


19/01/2006
VC37
A use in Section 2 or 3 of a zone for which an existing use right is established may
continue provided:

ƒ No building or works are constructed or carried out without a permit. A permit must not
be granted unless the building or works complies with any other building or works
requirement in this scheme.
ƒ Any condition or restriction to which the use was subject continues to be met. This
includes any implied restriction on the extent of the land subject to the existing use right
or the extent of activities within the use.
ƒ The amenity of the area is not damaged or further damaged by a change in the activities
beyond the limited purpose of the use preserved by the existing use right.

GENERAL PROVISIONS - CLAUSE 63 PAGE 1 OF 3


63.06 Expiration of existing use rights
19/01/2006
VC37
An existing use right expires if either:

ƒ The use has stopped for a continuous period of 2 years, or has stopped for two or more
periods which together total 2 years in any period of 3 years.
ƒ In the case of a use which is seasonal in nature, the use does not take place for 2 years
in succession.

63.07 Compliance with codes of practice


19/01/2006
VC37
A use for which an existing use right is established must comply with any relevant code of
practice incorporated in this scheme if either:

ƒ The instrument of approval of the code of practice has been ratified by Parliament in
accordance with Section 55 of the Conservation Forests and Lands Act 1987.
ƒ The code of practice is approved or ratified by Parliament under an Act.

63.08 Alternative use


19/01/2006
VC37
If land is used for a use in Section 3 of a zone for which an existing use right is established,
a permit may be granted to use the land for an alternative use which does not comply with
this scheme. The responsible authority must be satisfied that the use of the land for the
alternative use will be less detrimental to the amenity of the locality.

63.09 Shop conditions


19/01/2006
VC37
A permit must not be granted to:

ƒ Construct or carry out a building or works under Clause 63.05 for a shop with a
leasable floor area exceeding 500 square metres.
ƒ Use land under Clause 63.08 for a shop with a leasable floor area exceeding 500 square
metres.

63.10 Damaged or destroyed buildings or works


19/01/2006
VC37
If at least 50 percent of the gross floor area of a building or at least 50 percent of the area
of any works is damaged or destroyed so that the use cannot continue without the building
or works being reconstructed, the land must be used in conformity with this scheme, unless
a permit is granted to continue the use, and to construct or carry out buildings or works.

63.11 Proof of continuous use


19/01/2006
VC37
If, in relation to an application or proceeding under the Act or this scheme, including an
application for a certificate of compliance under Section 97N of the Act, the extent of any
existing use right for a period in excess of 15 years is in question, it is sufficient proof of
the establishment of the existing use right if the use has been carried out continuously for
15 years prior to the date of the application or proceeding.
An existing use right may be established under this clause even if the use did not comply
with the scheme immediately prior to or during the 15 year period, unless either:

ƒ At any time before or after commencement of the 15 year period the use has been held
to be unlawful by a decision of a court or tribunal.

GENERAL PROVISIONS - CLAUSE 63 PAGE 2 OF 3


ƒ During the 15 year period, the responsible authority has clearly and unambiguously
given a written direction for the use to cease by reason of its non-compliance with the
scheme.

63.12 Decision guidelines


19/01/2006
VC37
Before deciding on an application under Clause 63.05, 63.08 or 63.10, in addition to the
decision guidelines in Clause 65 and any other requirements of the Act, the responsible
authority must consider the extent to which compliance can be achieved with all scheme
requirements that can reasonably be met.

GENERAL PROVISIONS - CLAUSE 63 PAGE 3 OF 3


64 GENERAL PROVISIONS FOR USE AND DEVELOPMENT OF LAND
18/06/2010
VC62

64.01 Land used for more than one use


31/10/2006
VC43
If land is used for more than one use and one is not ancillary to the other, each use must
comply with this scheme.

64.02 Land used in conjunction with another use


31/10/2006
VC43
If a provision of this scheme provides that a use of land must be used ‘in conjunction with’
another use of the land:
 there must be an essential association between the two uses; and

 the use must have a genuine, close and continuing functional relationship in its operation
with the other use.

64.03 Subdivision of land in more than one zone


18/06/2010
VC62
If a provision of this scheme provides that a permit is required to subdivide land and the
land is in more than one zone a permit may be granted even if one of the lots does not
comply with the minimum lot size requirements of a zone.

Permit Requirement

A permit may be granted to create one lot smaller than specified in the scheme if all of the
following are met:

 The lot to be subdivided is in more than one zone and cannot comply with the minimum
lot area specified in the scheme.
 The proposed subdivision does not create lots where any lot extends into more than one
zone. This does not apply to any lots created for the following purposes:
 To comply with the requirements of the Urban Floodway Zone.
 To provide access to a road.
 The remainder of the proposed lots must comply with the minimum lot area specified in
the scheme.

GENERAL PROVISIONS - CLAUSE 64 PAGE 1 OF 1


65 DECISION GUIDELINES
19/01/2006
VC37
Because a permit can be granted does not imply that a permit should or will be granted.
The responsible authority must decide whether the proposal will produce acceptable
outcomes in terms of the decision guidelines of this clause.
65.01 Approval of an application or plan
19/01/2006
VC37
Before deciding on an application or approval of a plan, the responsible authority must
consider, as appropriate:

ƒ The matters set out in Section 60 of the Act.


ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The purpose of the zone, overlay or other provision.
ƒ Any matter required to be considered in the zone, overlay or other provision.
ƒ The orderly planning of the area.
ƒ The effect on the amenity of the area.
ƒ The proximity of the land to any public land.
ƒ Factors likely to cause or contribute to land degradation, salinity or reduce water
quality.
ƒ Whether the proposed development is designed to maintain or improve the quality of
stormwater within and exiting the site.
ƒ The extent and character of native vegetation and the likelihood of its destruction.
ƒ Whether native vegetation is to be or can be protected, planted or allowed to regenerate.
ƒ The degree of flood, erosion or fire hazard associated with the location of the land and
the use, development or management of the land so as to minimise any such hazard.

65.02 Approval of an application to subdivide land


19/01/2006
VC37
Before deciding on an application to subdivide land, the responsible authority must also
consider, as appropriate:

ƒ The suitability of the land for subdivision.


ƒ The existing use and possible future development of the land and nearby land.
ƒ The availability of subdivided land in the locality, and the need for the creation of
further lots.
ƒ The effect of development on the use or development of other land which has a
common means of drainage.
ƒ The subdivision pattern having regard to the physical characteristics of the land
including existing vegetation.
ƒ The density of the proposed development.
ƒ The area and dimensions of each lot in the subdivision.
ƒ The layout of roads having regard to their function and relationship to existing roads.
ƒ The movement of pedestrians and vehicles throughout the subdivision and the ease of
access to all lots.

GENERAL PROVISIONS - CLAUSE 65 PAGE 1 OF 2


ƒ The provision and location of reserves for public open space and other community
facilities.
ƒ The staging of the subdivision.
ƒ The design and siting of buildings having regard to safety and the risk of spread of fire.
ƒ The provision of off-street parking.
ƒ The provision and location of common property.
ƒ The functions of any body corporate.
ƒ The availability and provision of utility services, including water, sewerage, drainage,
electricity and gas.
ƒ If the land is not sewered and no provision has been made for the land to be sewered,
the capacity of the land to treat and retain all sewage and sullage within the boundaries
of each lot.
ƒ Whether, in relation to subdivision plans, native vegetation can be protected through
subdivision and siting of open space areas.

GENERAL PROVISIONS - CLAUSE 65 PAGE 2 OF 2


66 REFERRAL AND NOTICE PROVISIONS
18/06/2010
VC62

Scope

These provisions set out the types of applications which must be referred under Section 55
of the Act or for which notice must be given under Section 52(1)(c) of the Act. The
provisions do not apply to the seeking of advice about an application or where a responsible
authority may choose to give notice under another sub-section of Section 52(1) of the Act.
These provisions also specify when a plan must be referred under Section 8(1)(a) of the
Subdivision Act 1988.

Referrals

Applications of the kind listed in Clauses 66.01, 66.02, 66.03 and 66.04 must be referred to
the person or body specified as a referral authority in accordance with Section 55 of the
Act.
This does not apply if in the opinion of the responsible authority, the proposal satisfies
requirements or conditions previously agreed in writing between the responsible authority
and the referral authority, or the referral authority has considered the proposal for which the
application is made within the past three months and has stated in writing that it does not
object to the granting of the permit for the proposal.

Notice

Notice of an application of the kind listed below in Clauses 66.05 and 66.06 must be given
in accordance with Section 52(1)(c) of the Act to the person or body specified as a person
or body to be notified.
This does not apply if, in the opinion of the responsible authority, the proposal satisfies
requirements or conditions previously agreed in writing between the responsible authority
and the person or body to be notified.

66.01 Subdivision referrals


15/09/2008
VC49
An application of the kind listed in the table below must be referred to the person or body
specified as the referral authority.
Kind of application Referral authority

To subdivide land other than: The relevant water, drainage or sewerage


authority
ƒ Boundary realignments.
ƒ Subdivisions of existing buildings already The relevant telecommunication authority
connected to services. The relevant electricity supply or
distribution authority
ƒ Two lot subdivisions.
ƒ Subdivisions for the creation of lots to The relevant gas supply authority
correspond with existing flats and car
parking spaces.
To subdivide land outside the metropolitan Country Fire Authority
fire district which creates a road, where the
requirements of Clause 56.09-3 are not met.

GENERAL PROVISIONS - CLAUSE 66 PAGE 1 OF 9


Kind of application Referral authority

To subdivide land if the only access to a lot is Minister administering the Land Act 1958
over Crown land which has not been
reserved or proclaimed as a road.

To subdivide land crossed by a gas The relevant gas supply authority


transmission pipeline or a gas transmission
pipeline easement.

To subdivide land within 60 metres of a major The relevant electricity transmission


electricity transmission line (220 Kilovolts or authority
more) or an electricity transmission
easement.

Note: A subdivision which does not require referral under Clause 66.01 must be referred if it is
listed as a requirement under any other provision of Clause 66.

66.01-1 Conditions on subdivisions not requiring referral


15/09/2008
VC49
Permits for subdivisions listed in the table to Clause 66.01 as not requiring referral (other
than for the creation of lots to correspond with existing flats and car parking spaces) must
contain the following conditions:
ƒ The owner of the land must enter into agreements with the relevant authorities for the
provision of water supply, drainage, sewerage facilities, electricity, gas and
telecommunication services to each lot shown on the endorsed plan in accordance with
the authority’s requirements and relevant legislation at the time.
ƒ All existing and proposed easements and sites for existing or required utility services
and roads on the land must be set aside in the plan of subdivision submitted for
certification in favour of the relevant authority for which the easement or site is to be
created.
ƒ The plan of subdivision submitted for certification under the Subdivision Act 1988 must
be referred to the relevant authority in accordance with Section 8 of that Act.

66.01-2 Referrals under the Subdivision Act – certification of plans


15/09/2008
VC49
For the purpose of Section 8(1)(a) of the Subdivision Act 1988 referral of a plan is required
if:
ƒ A referral is required by a permit issued under this scheme. The plan must be referred to
the relevant referral authority.
ƒ A plan creates, varies or removes an easement or restriction likely to be of interest to a
referral authority. The plan must be referred to the relevant referral authority.
ƒ The only access to a lot on a plan is over Crown land and the Minister administering the
Land Act 1958 has not consented or provision has not been made for a road to be
reserved or proclaimed. The plan must be referred to that Minister.
ƒ In the opinion of the Council the plan may affect existing sewerage, water, drainage or
other works. The plan must be referred to the referral authority responsible for those
works.

GENERAL PROVISIONS - CLAUSE 66 PAGE 2 OF 9


66.02 Use and development referrals
18/06/2010
VC62
An application of the kind listed in the table below must be referred to the person or body
specified as the referral authority.
Kind of application Referral authority

66.02-1 Works approval or licence


09/10/2006
VC42
For a use or development requiring any of Environment Protection Authority
the following:

ƒ Works approval in accordance with


Section 19A of the Environment
Protection Act 1970.
ƒ A licence to discharge or emit waste in
accordance with Section 20 of the
Environment Protection Act 1970.
ƒ Amendment of a licence under Section
20A of the Environment Protection Act
1970.
66.02-2 Mining
17/09/2007
VC45 To use or develop land for mining. Secretary to the Department administering
the Mineral Resources (Sustainable
Development) Act 1990

66.02-3 Native vegetation


18/06/2010
VC62
ƒ To remove or destroy more than 15 native Secretary to the Department of
trees if each tree has a trunk diameter of Sustainability and Environment (as
less than 40 centimetres at a height of 1.3 constituted under Part 2 of the
metres above ground level. Conservation, Forest and Lands Act 1987)

ƒ To remove or destroy more than 5 native


trees if each tree has a trunk diameter of
40 centimetres or more at a height of 1.3
metres above ground level.
ƒ To remove or destroy native vegetation
which is in an Ecological Vegetation Class
that has a Bioregional Conservation
Status of Endangered, Vulnerable or Rare
if the area to be cleared is more than 0.5
hectare.
ƒ To remove or destroy native vegetation
which is in an Ecological Vegetation Class
that has a Bioregional Conservation
Status of Depleted or Least Concern if the
area to be cleared is more than 1 hectare.
ƒ To remove, destroy or lop native
vegetation if a property vegetation plan
applies to the site.
ƒ To remove, destroy or lop native
vegetation on Crown land which is
occupied or managed by the responsible
authority.

GENERAL PROVISIONS - CLAUSE 66 PAGE 3 OF 9


Kind of application Referral authority

66.02-4 Cattle feedlot


09/10/2006
VC42
To use or develop land for a cattle feedlot. Minister for Agriculture

If the site is located within a special water


supply catchment area under the
Catchment and Land Protection Act 1994,
the relevant water authority under the
Water Act 1989 and the Secretary to the
Department administering the Catchment
and Land Protection Act 1994

If the number of cattle is 5000 or more, the


Environment Protection Authority

66.02-5 Major electricity line or easement


09/10/2006
VC42 To construct a building or construct or carry The relevant electricity transmission
out works on land within 60 metres of a major authority
electricity transmission line (220 Kilovolts or
more) or an electricity transmission
easement.

66.02-6 Special water supply catchment


09/10/2006
VC42 To use, subdivide or consolidate land, to The relevant water board or water supply
construct a building or construct or carry out authority
works, or to demolish a building or works that
are within a Special Water Supply Catchment
Area listed in Schedule 5 of the Catchment
and Land Protection Act 1994 and which
provides water to a domestic supply.

This does not apply to an application for a


sign, fence, roadworks or unenclosed
building or works ancillary to a dwelling.

66.02-7 Timber production


18/06/2010
VC62 ƒ To use or develop land for timber Secretary to the Department of
production by establishing a plantation. Sustainability and Environment (as
constituted under Part 2 of the
Conservation, Forest and Lands Act 1987)

ƒ To use or develop land for timber


production by harvesting timber from
native forest, including thinning, if the area
of native forest to be subjected to timber
production operations is 10 hectares or
greater.
66.02-8 Industry or warehouse
09/10/2006
VC42 ƒ To use land for an industry or warehouse Environment Protection Authority
for a purpose listed in the table to Clause
52.10 shown with a Note 1 or if the
threshold distance is not to be met.
ƒ To use land for an industry or warehouse The Victorian WorkCover Authority
for a purpose listed in the table to Clause
52.10 shown with a Note 2 and if any of
the following apply:
• A fire protection quantity is exceeded

GENERAL PROVISIONS - CLAUSE 66 PAGE 4 OF 9


Kind of application Referral authority
under the Dangerous Goods (Storage
and Handling) Regulations 2000.
• A notification is required under the
Occupational Health and Safety (Major
Hazard Facilities) Regulations 2000.
• A licence is required under the
Dangerous Goods (Explosives)
Regulations 2000.
• A licence is required under the
Dangerous Goods (HCDG)
Regulations 2000 and the use is not
associated with agriculture.

ƒ To construct a building or construct or The Victorian WorkCover Authority


carry out works on land used for an
industry or warehouse for a purpose listed
in the table to Clause 52.10 and shown
with a Note 2 if the area of the buildings
and works will increase by more than 25
per cent and any of the following apply:
• A fire protection quantity is exceeded
under the Dangerous Goods (Storage
and Handling) Regulations 2000.
• A notification is required under the
Occupational Health and Safety (Major
Hazard Facilities) Regulations 2000.
• A licence is required under the
Dangerous Goods (Explosives)
Regulations 2000.
• A licence is required under the
Dangerous Goods (HCDG)
Regulations 2000 and the use is not
associated with agriculture.

66.02-9 Extractive industry


21/09/2009
VC60 ƒ To use or develop land for extractive Secretary to the Department administering
industry. the Extractive Industries Development Act
1995

Secretary to the Department administering


the Heritage Act 1995

ƒ To use or develop land for extractive Secretary to the Department administering


industry on Crown land or land abutting the Land Act 1958, Crown Land (Reserves)
Crown land, other than a government Act 1978, National Parks Act 1975 and
road. Forests Act 1958.

ƒ To use or develop land for extractive Secretary to the Department administering


industry: the Catchment and Land Protection Act
• In Special Areas declared under 1994
Section 27 of the Catchment and Land
Protection Act 1994.
• On land where the use or
development involves the removal or
destruction of native vegetation if the

GENERAL PROVISIONS - CLAUSE 66 PAGE 5 OF 9


Kind of application Referral authority
total area to be cleared is 10 hectares
or greater.
• On land which has been identified in
this scheme as being subject to high
erosion risk or areas identified as
being subject to salinity management.

ƒ To use or develop land for extractive Secretary to the Department administering


industry: the Flora and Fauna Guarantee Act 1988
• In areas with communities or taxa
listed or critical habitat determined
under the Flora and Fauna Guarantee
Act 1988.
• On land which has been identified in
this scheme as containing sites of flora
or fauna significance.

ƒ To use or develop land for extractive Secretary to the Department administering


industry on land which has been identified Section 201 of the Water Act 1989
in this scheme as flood prone.
ƒ To use or develop land for extractive Environment Protection Authority
industry if the land is intended to be used
for land fill at a future date.
ƒ To use or develop land for extractive Roads Corporation
industry:
• On land which abuts a local road
which intersects with a road declared
as a freeway or an arterial road under
the Road Management Act 2004 and if
the development is expected to
increase traffic movement at the
intersection of the local road and the
declared road by ten percent or more.

• On land which abuts a road declared


as a freeway or an arterial road under
the Road Management Act 2004. This
does not apply to a development
which generates less than one
hundred commercial trips per day, with
roadworks at the entrance to the site
built in accordance with the
requirements of the Roads
Corporation and the declared road is
not a freeway.

66.02-10 Geothermal energy extraction


09/10/2006
VC42 To use or develop land for geothermal Secretary to the Department administering
energy extraction. the Geothermal Energy Resources Act
2005

66.02-11 Greenhouse gas sequestration


18/06/2010
VC62 To use or develop land for greenhouse gas Secretary to the Department administering
sequestration. the Greenhouse Gas Geological
Sequestration Act 2008

GENERAL PROVISIONS - CLAUSE 66 PAGE 6 OF 9


66.03 Referral of permit applications under other State standard provisions

18/06/2010
VC62 An application of the kind listed in the table below, where the planning scheme includes the
specified clause, must be referred to the person or body specified as the referral authority.
Clause Kind of application Referral authority

Clause 36.03-4 An application for the use or development of Department of


(PCRZ) an emergency services facility. Sustainability and
Environment

Clause 37.03-5 An application under the zone Relevant floodplain


(UFZ) management authority

Clause 37.07-5 An application under the zone within Growth Areas


Metropolitan Melbourne Authority
(UGZ)

An application under the zone outside Department of


Metropolitan Melbourne Planning and
Community
Development

Clause 44.02-3 An application under the overlay and any site Department of
(SMO) capability report Sustainability and
Environment

Clause 44.03-4 An application under the overlay Relevant floodplain


(FO) management authority

Clause 44.04-4 An application under the overlay Relevant floodplain


(LSIO) management authority

Clause 44.05-4 An application under the overlay Relevant floodplain


(SBO) management authority

Clause 44.06-3 An application under the overlay Relevant fire authority


(WMO)

Clause 44.07-4 An application of the kind specified in a Referral authority


(SRO) schedule to the overlay specified in a schedule
to the overlay

Clause 45.01-2 An application under the overlay Authority responsible


(PAO) for acquiring the land

Clause 45.07-5 An application under the overlay Roads Corporation


(CLPO)

Clause 52.05 An application to display an animated or Roads Corporation


electronic sign within 60 metres of a freeway
or arterial road declared under the Road
Management Act 2004.

Clause 52.29 An application to create or alter access to, or Roads Corporation


to subdivide land adjacent to, a road declared
as a freeway or an arterial road under the
Road Management Act 2004, land owned by
the Roads Corporation for the purpose of a
road, or land in a PAO if the Roads
Corporation is the authority responsible for
acquiring the land, subject to exemptions

GENERAL PROVISIONS - CLAUSE 66 PAGE 7 OF 9


Clause Kind of application Referral authority
specified in the clause

Any other application under the Clause Owner of, or the


authority responsible
for acquiring the
adjacent land in the
Road Zone, Category
1 or the PAO

Clause 52.30-1 An application to use or develop land for a Roads Corporation


Freeway service centre.

Clause 52.36-01 An application of the kind listed in the Clause. Director of Public
Transport

66.04 Referral of permit applications under local provisions


15/09/2008
VC49
In addition to the referral requirements of Clause 66.01, 66.02 and 66.03, an application of
the kind listed in the schedule to this clause must be referred to the referral authority
specified in the schedule.
If a local provision of the scheme specifies a person or body as a referral authority for a
kind of application or contains a referral requirement, and that specification or requirement
is not included in the schedule to this clause, it is not a referral requirement under section
55 of the Act.

66.05 Notice of permit applications under State standard provisions


21/09/2009
VC60
Notice of an application of the kind listed in the table below must be given to the person or
body specified as a person or body to be notified.
Clause Kind of application Person or body to be
notified

Clause 45.08-6 An application to use or subdivide land, or to The airport lessee


construct a building or construct or carry out company of Melbourne
works. Airport in accordance
with the
Commonwealth
Airports Act 1996

Clause 52.09-4 An application to use or subdivide land or The Secretary of the


construct a building for Accommodation, Child Department
care centre, Education centre or Hospital: administering the
Extractive Industries
ƒ Within an Extractive Industry Interest Area.
Development Act 1995
ƒ On land which is within 500 metres of land
on which a work authority has been applied
for or granted under the Extractive
Industries Development Act 1995.
An application to construct a building or
construct or carry out works on land for which
a work authority has been applied for or
granted under the Extractive Industries
Development Act 1995.

These requirements do not apply to an


extension to buildings or works.

GENERAL PROVISIONS - CLAUSE 66 PAGE 8 OF 9


Clause Kind of application Person or body to be
notified

Clause 52.21 An application to construct, use or illuminate a The owners and


private tennis court under any provision of this occupiers of adjoining
scheme. and opposite
properties

Clause 52.31 An application to use or develop land to Environment


establish a new broiler farm, or to increase the Protection Authority
farm capacity of an existing broiler farm, that
meets the requirements of a Special Class
Broiler Farm or Farm Cluster as specified in
the Victorian Code for Broiler Farms 2009.

Clause 67.02 An application for a permit which, except for The owners and
the provisions of Clause 67, would be made to occupiers of adjoining
the Minister in accordance with Section 96 of land
the Act. This does not apply to an application
The National Trust of
for a sign or advertisement, or to remove,
Australia (Victoria), if
destroy or lop native vegetation under Clause
the application relates
52.17 of this scheme
to land on which there
is a building classified
by the Trust

Clause 67.03 An application for a permit to remove, destroy The Secretary to the
or lop native vegetation under Clause 52.17, Department
which, except for the provisions of Clause 67, administering the Flora
would be made to the Minister in accordance and Fauna Guarantee
with Section 96 of the Act. This does not apply Act 1988
if the application is of a kind which must be
referred to the Secretary under Section 55 of
the Act.

66.06 Notice of permit applications under local provisions


15/09/2008
VC49
In addition to the notice requirements of Clause 66.05, notice of an application of the kind
specified in the schedule to this clause must be given to the person or body specified in the
schedule. If a local provision of the scheme specifies a notice requirement and that
requirement is not included in the schedule to this clause, it is not a notice requirement
under Section 52(1)(c) of the Act.

GENERAL PROVISIONS - CLAUSE 66 PAGE 9 OF 9


67 APPLICATIONS UNDER SECTION 96 OF THE ACT
15/09/2008
VC49
This clause applies to an application for a permit which, except for the provisions of this
clause, would be made to the Minister in accordance with Section 96 of the Act.

67.01 Exemptions from Section 96(1) and 96(2) of the Act


19/01/2006
VC37
In accordance with Section 6(2)(ka) of the Act, the following classes of use and
development are exempted from Section 96(1) and 96(2) of the Act:

CLASS 1

Use of land for -


Car park, camping and caravan park, community facility (including child care centre,
maternal and infant welfare centre, neighbourhood house, place of assembly and toilet
block), dwelling, extractive industry, hospital, industry, leisure and recreation, office,
residential village, retail premises or service station.

CLASS 2

Development of land for -


A Class 1 use, demolition of a building or works, lighting and floodlighting of a recreation
facility or building, sign or advertisement or subdivision.

CLASS 3

Any other use or development.

67.02 Notice requirements


15/09/2008
VC49
In accordance with Section 52(1)(c) of the Act, notice must be given to:

 The owners and occupiers of adjoining land.


 The National Trust of Australia (Victoria), if the application relates to land on which
there is a building classified by the Trust.
This does not apply to an application:
 For a sign or advertisement.
 To remove, destroy or lop native vegetation under Clause 52.17 of this scheme.
 If a permit is only required under any of the following overlays:
 Salinity Management Overlay
 Floodway Overlay
 Land Subject to Inundation Overlay
 Special Building Overlay
 Wildfire Management Overlay

GENERAL PROVISIONS - CLAUSE 67 PAGE 1 OF 2


67.03 Notice requirements - native vegetation
19/01/2006
VC37
In accordance with Section 52(1)(c) of the Act, notice of an application to remove, destroy
or lop native vegetation under Clause 52.17 of this scheme must be given to the Secretary to
the Department administering the Flora and Fauna Guarantee Act 1988.
This does not apply if the application is of a kind which must be referred to the Secretary
under Section 55 of the Act.

67.04 Notice exemption


19/01/2006
VC37
In accordance with Section 52(4) of the Act, an application for a sign or advertisement on
land managed, occupied or owned by the responsible authority is exempt from the notice
requirement of Clause 52(1)(a) of the Act.

GENERAL PROVISIONS - CLAUSE 67 PAGE 2 OF 2


Definitions
70 DEFINITIONS
19/01/2006
VC37
This section sets out the meaning of terms used or defined in this scheme.

DEFINITIONS – CLAUSE 70 PAGE 1 OF 1


71 MEANING OF WORDS
19/01/2006
VC37
A term used in this planning scheme has its ordinary meaning unless that term is defined:

ƒ In this planning scheme.


ƒ In the Planning and Environment Act 1987 or the Interpretation of Legislation Act
1984, in which case the term has the meaning given to it in those Acts unless it is de-
fined differently in this scheme.

DEFINITIONS – CLAUSE 71 PAGE 1 OF 1


72 GENERAL TERMS
21/09/2009
VC60
The following table lists general terms which may be used in this planning scheme. A term
listed in the first column, under the heading "General Term", has the meaning set out beside
that term in the second column, under the heading "Definition".

GENERAL TERM DEFINITION

Act The Planning and Environment Act 1987.

Agricultural produc- Any form of primary production of renewable commodities. It


tion does not include extractive industry, mining, or timber produc-
tion from native forest.

Anemometer A wind measuring device.

Approval date The date this scheme began, or the date of notice in the Victoria
Government Gazette of approval of an amendment to this
scheme.

Basement A storey below ground level, or that projects no more than 1.2
metres above ground level.

Building height The vertical distance from natural ground level to the roof or
parapet at any point.

Building Regulations The Building Regulations 1994.

Carriageway The area of a street reserve which is provided for the movement
or parking of vehicles. It is determined by the invert of a kerb
and channel and the point adjacent to the pavement edge for
kerb (only) and edge strips.

Clear to the sky An unroofed area or area roofed with material that transmits 90
per cent of light.

Deflection angle The angle between two tangent sections of a carriageway.

Design speed The speed fixed for the design and correlation of the geometric
features of a carriageway that influence vehicle operation. It is
the speed which is not exceeded by 85 per cent of vehicles.

Domestic services A domestic appliance or apparatus that is normal to and ser-


normal to a dwelling vices a dwelling. It includes disabled access ramps and hand-
rails, an air conditioner, cooling or heating system, a hot water
service, security systems and cameras, shade sails, a barbe-
que, downpipes and flues, a skylight, security screens, and the
like.

Earthworks Land forming, laser grading, levee banks, raised access roads
and tracks, building pads, storage embankments, channel
banks and drain banks and associated structures.

Frontage The road alignment at the front of a lot. If a lot abuts two or more
roads, the one to which the building, or proposed building,
faces.

Gaming The playing of a gaming machine.

Gaming machine Has the same meaning as it has in the Gambling Regulation Act
2003.

DEFINITIONS – CLAUSE 72 PAGE 1 OF 4


GENERAL TERM DEFINITION

Gross floor area The total floor area of a building, measured from the outside of
external walls or the centre of party walls, and includes all
roofed areas.

Ground level The natural level of a site at any point.

Habitable room Any room of a dwelling or residential building other than a bath-
room, laundry, toilet, pantry, walk-in wardrobe, corridor, stair,
lobby, photographic darkroom, clothes drying room and other
space of a specialised nature occupied neither frequently nor for
extended periods.

High quality produc- Land which is used for animal husbandry or crop raising, and is
tive agricultural capable of continuing to sustain agricultural production, and:
land
a) is of prime, or very good, agricultural quality, having regard
to soil type, growing season, and availability of infrastruc-
ture, and is of sufficient extent to support agricultural activi-
ties on an economically viable scale; or
b) has been identified through a regional, sub-regional, or local
study as being of particularly good quality and strategic sig-
nificance for agriculture in the regional or local context.

Land capability as- The assessment of the physical ability of the land to sustain
sessment specific uses having regard to its management, and without long
term on-site detriment to the environment.

Leasable floor area That part of the net floor area able to be leased. It does not in-
clude public or common tenancy areas, such as malls, veran-
dahs, or public conveniences.

Lot A part (consisting of one or more pieces) of any land (except a


road, a reserve, or common property) shown on a plan, which
can be disposed of separately and includes a unit or accessory
unit on a registered plan of strata subdivision and a lot or ac-
cessory lot on a registered cluster plan.

Mean building height The vertical distance between the mean ground level and the
finished roof height at its highest point.

Mean ground level One half the sum of the highest and lowest levels along ground
level of the outer surface of all external building walls.

Metropolitan Mel- The area covered by the Banyule, Bayside, Boroondara, Brim-
bourne bank, Cardinia, Casey, Darebin, Frankston, Glen Eira, Greater
Dandenong, Hobsons Bay, Hume, Kingston, Knox, Manning-
ham, Maribyrnong, Maroondah, Melbourne, Melton, Monash,
Moonee Valley, Moreland, Mornington Peninsula, Nillumbik, Port
of Melbourne, Port Phillip, Stonnington, Whitehorse, Whittlesea,
Wyndham, Yarra and Yarra Ranges Planning Schemes.

Mineral Any substance which occurs naturally as part of the earth's


crust, including:

a) oil shale and coal; and


b) hydrocarbons and mineral oils contained in oil shale or coal,
or extracted from oil shale or coal by chemical or industrial
processes.

It does not include water, stone, or petroleum.

DEFINITIONS – CLAUSE 72 PAGE 2 OF 4


GENERAL TERM DEFINITION

Movable building A structure, other than a tent, caravan, or vehicle, which is de-
signed to be moved from place to place on more than one occa-
sion.

Native vegetation Plants that are indigenous to Victoria, including trees, shrubs,
herbs, and grasses.

Net floor area The total floor area of all floors of all buildings on a site. It in-
cludes half the width of any party wall and the full width of all
other walls. It does not include the area of stairs, loading bays,
accessways, or car parking areas, or any area occupied by ma-
chinery required for air conditioning, heating, power supply, or
lifts.

Plot ratio The gross floor area of all buildings on a site, divided by the
area of the site.

Private open space An outdoor area of a dwelling or residential building or land for
the exclusive use of the occupants.

Property vegetation A plan which relates to the management of native vegetation


plan within a property, and which is contained within an agreement
made pursuant to section 69 of the Conservation, Forests and
Lands Act 1987.

Prostitution The provision by one person to or for another person (whether


or not of a different sex) of sexual services in return for payment
or reward.

Public land manager The Minister, government department, public authority or mu-
nicipal council having responsibility for the care or management
of public land. In relation to Crown land reserved under an Act
and managed or controlled by a committee of management,
other than Parks Victoria or a municipal council, it means the
Minister administering that Act and does not include the commit-
tee of management.

Radio mast A mast, for radio transmission or reception in a dwelling, that is:

a) with antenna, more than 14 metres above the ground;


b) if attached to a building, with antenna, more than 5 metres
above the roof line;
c) including antenna, wider than 6 metres; or
d) excluding antenna, wider than 50 centimetres at any point
exceeding 3 metres above the ground.

Retail The sale of goods or materials, in any quantity or manner, other


than by wholesale.

Secluded private open That part of private open space primarily intended for outdoor
space living activities which enjoys a reasonable amount of privacy.

Setback The minimum distance from any allotment boundary to a build-


ing.

Sexual services Has the same meaning as it has in the Prostitution Control Act
1994.

Site coverage The proportion of a site covered by buildings.

Stone Basalt, freestone, granite, limestone, sandstone, or other build-


ing stone, or rock, ordinarily used for building, manufacturing,

DEFINITIONS – CLAUSE 72 PAGE 3 OF 4


GENERAL TERM DEFINITION
road making, or construction; or clay (not fine clay, bentonite, or
kaolin), earth, gravel, quartz (not quartz crystals), sand, soil,
slate, or other similar material.

Storey That part of a building between floor levels. If there is no floor


above, it is the part between the floor level and ceiling. It may
include an attic, basement, built over car parking area, and mez-
zanine.

Street leg length The distance between street intersections or junctions, or points
and locations where vehicles must slow down, usually to a
maximum speed of 20 kilometres per hour.

Street reserve Land set aside for a street pavement and verge.

Sustainable agricul- The use of farming practices and systems which maintain or
ture enhance:

a) the economic viability of agricultural production;


b) the natural resource base; and
c) other ecosystems which are influenced by agricultural activi-
ties.

Telecommunications A wire, cable, optic fibre, tube, conduit, waveguide or other


line physical medium used, or to be used, as a continuous artificial
guide for or in connection with carrying communications by
means of guided electromagnetic energy.

Telecommunications A system or series of systems that carries, or is capable of car-


network rying, communications by means of guided and unguided elec-
tromagnetic energy.

Telecommunications A tower, pole or mast used as part of a Telecommunications


tower network.

Tenement Land comprised in:

a) a lot which does not adjoin another lot in the same owner-
ship; or
b) lots in the same ownership and which adjoin each other.

Lots are considered to adjoin each other if they are separated


only by a stream, stream reserve, or unmade or unused gov-
ernment road or rail reserve.

Utility service provider A person, other than a public authority or municipal council,
having responsibility under an Act for the generation, transmis-
sion, distribution or supply of electricity, gas, power, telecom-
munications, water supply, drainage or sewerage services.

Verge The part of the street reserve between the carriageway and the
boundary of adjacent lots or other limit to the street reserve. It
may accommodate public utilities, a footpath, indented parking,
stormwater flows, street lighting poles and planting.

Wall height The vertical distance between the top of the eaves at the wall
line, parapet or flat roof (not including a chimney), whichever is
the highest, and the natural ground level.

Wholesale The sale of goods or materials, to be sold by others.

DEFINITIONS – CLAUSE 72 PAGE 4 OF 4


73 OUTDOOR ADVERTISING TERMS
15/09/2008
VC49
The following table lists terms which may be used in this planning scheme in relation to
outdoor advertising. A term listed in the first column, under the heading "Outdoor Advertis-
ing Term", has the meaning set out beside that term in the second column, under the head-
ing "Definition".

OUTDOOR ADVERTIS- DEFINITION


ING TERM

Above-verandah sign A sign above a verandah or, if no verandah, that is more than
3.7 metres above pavement level, and which projects more
than 0.3 metre outside the site.

Advertisement area The total area of an advertisement. If the advertisement does


not rotate or move, the area is one side only.

Animated sign A sign that can move, contains moving or scrolling parts,
changes its message, flashes, or has a moving or flashing
border.

Bed and breakfast sign A sign at a dwelling that advertises bed and breakfast ac-
commodation in the dwelling.

Bunting sign An advertisement that consists of bunting, streamers, flags,


windvanes, or the like.

Business identification A sign that provides business identification information about


sign a business or industry on the land where it is displayed. The
information may include the name of the business or building,
the street number of the business premises, the nature of the
business, a business logo or other business identification
information.

Direction sign A sign not exceeding 0.3 square metre that directs vehicles
or pedestrians. It does not include a sign that contains com-
mercial information.

Electronic sign A sign that can be updated electronically. It includes screens


broadcasting still or moving images.

Floodlit sign A sign illuminated by external lighting provided for that pur-
pose.

High-wall sign A sign on the wall of a building so that part of it is more than
10 metres above the ground.

Home occupation sign A sign at a dwelling that advertises a home occupation car-
ried on in the dwelling, or on the land around the dwelling.

Internally illuminated A sign illuminated by internal lighting or which contains lights


sign or illuminated tubes arranged as an advertisement.

Major promotion sign A sign which is 18 square metres or greater that promotes
goods, services, an event or any other matter, whether or not
provided, undertaken or sold or for hire on the land or in the
building on which the sign is sited.

Panel sign A sign with an advertisement area exceeding 10 square me-


tres.

DEFINITIONS - CLAUSE 73 PAGE 1 OF 2


OUTDOOR ADVERTIS- DEFINITION
ING TERM

Pole sign A sign:

a) on a pole or pylon that is not part of a building or another


structure;
b) that is no more than 7 metres above the ground;
c) with an advertisement area not exceeding 6 square me-
tres; and
d) that has a clearance under it of at least 2.7 metres.

Promotion sign A sign of less than 18 square metres that promotes goods,
services, an event or any other matter, whether or not pro-
vided, undertaken or sold or for hire on the land or in the
building on which the sign is sited.

Reflective sign A sign finished with material specifically made to reflect ex-
ternal light.

Sign An advertisement and any structure built specifically to sup-


port it.

Sky sign A sign:

a) on or above the roof of a building, but not a verandah;


b) fixed to the wall of a building and which projects above
the wall; or
c) fixed to a structure (not a building) so that part of it is
more than 7 metres above the ground.

DEFINITIONS - CLAUSE 73 PAGE 2 OF 2


74 LAND USE TERMS
18/06/2010
VC62
The following table lists terms which may be used in this planning scheme in relation to the
use of land. This list is not exhaustive. However, a term describing a use or activity in relation
to land which is not listed in the table must not be characterised as a separate use of land if the
term is obviously or commonly included within one or more of the terms listed in the table.

Meaning of terms

A term listed in the first column, under the heading "Land Use Term", has the meaning set out
beside that term in the second column, under the heading "Definition".

No definition of listed term indicates ordinary meaning

A term listed in the first column, under the heading "Land Use Term", which does not have a
meaning set out beside that term in the second column, under the heading "Definition", has its
ordinary meaning.

Terms which specifically include other listed terms

A term listed in the first column, under the heading "Land Use Term", which has other terms
listed beside it in the third column, under the heading "Includes", includes any term so listed in
the third column and any term included within that term in the third column, but does not in-
clude any other term listed in the first column.
A term listed in the first column which has other terms listed beside it in the third column may
also include other terms which are not listed in the first column.
All terms listed in the third column are also listed in the first column.

Terms which do not specifically include other listed terms

If a term listed in the first column, under the heading "Land Use Term", does not have any
term listed beside it in the third column, under the heading "Includes", that term does not in-
clude any term listed in the first column.
However, a term listed in the first column which does not have any term listed beside it in the
third column may include other terms which are not listed in the first column.

Terms which are included within other listed terms

A term listed in the first column, under the heading "Land Use Term", which has a term listed
beside it in the fourth column, under the heading "Included in", is included within the term so
listed in the fourth column and any term which includes that term in the fourth column.
All terms listed in the fourth column are also listed in the first column.

Terms which are not included within other listed terms

If a term listed in the first column, under the heading "Land Use Term", does not have a term
listed beside it in the fourth column, under the heading "Included in", that term is not included
within any other term listed in the first column.

DEFINITIONS – CLAUSE 74 PAGE 1 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN

Abattoir Land used to slaughter ani- Rural industry


mals, including birds. It may
include the processing of ani-
mal products.

Accommodation Land used to accommodate Camping and


persons. caravan park
Corrective
institution
Dependent person's
unit
Dwelling
Group accommoda-
tion
Host farm
Residential building
Residential village
Retirement village

Adult sex book- Land used to sell or hire Shop


shop sexually explicit material, in-
cluding:

a) publications classified as
restricted under the Classi-
fication (Publications, Films
and Computer Games)
(Enforcement) Act 1995;
and
b) materials and devices
(other than contraceptives
and medical treatments)
used in conjunction with
sexual behaviour.

Agriculture Land used to: Animal husbandry


a) propagate, cultivate or har- Aquaculture
vest plants, including cere- Crop raising
als, flowers, fruit, seeds,
trees, turf, and vegetables;

b) keep, breed, board, or train


animals, including live-
stock, and birds; or

c) propagate, cultivate, rear,


or harvest living resources
of the sea or inland waters.

Airport Transport
terminal

DEFINITIONS – CLAUSE 74 PAGE 2 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN
Amusement A building that contains: Place of assembly
parlour
a) three or more coin, card, or
token operated amusement
machines;

b) one or more coin, card, or


token operated amusement
machines with more than
one screen or console that
can be played by three or
more people simultane-
ously; or

c) two or more coin, card, or


token operated billiard,
snooker, or pool tables.

It does not include coin, card,


or token operated children's
rides, amusement machines if
there is the ability to receive a
monetary reward, or premises
used for a Hotel or Tavern.

Animal boarding Land used to board domestic Animal keeping


pets, such as boarding ken-
nels and a cattery.

Animal husbandry Land used to keep, breed, Animal keeping Agriculture


board, or train animals, includ- Animal training
ing birds. Apiculture
Extensive animal
husbandry
Horse stables
Intensive animal
husbandry
Animal keeping Land used to: Animal boarding Animal husbandry
Dog breeding
a) breed or board domestic
Racing dog keeping
pets; or

b) keep, breed, or board rac-


ing dogs.

Animal training Land used to train animals. Horse riding school Animal husbandry
Racing dog training

Apiculture Land used to keep honeybee Animal husbandry


hives and to extract honey or
other bee hive products.

Aquaculture Land used to keep or breed Agriculture


aquatic animals, or cultivate or
propagate aquatic plants.

Art and craft Land used to manufacture,


centre display, and sell, works of art
or craft, such as handicrafts,

DEFINITIONS – CLAUSE 74 PAGE 3 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN
paintings, and sculptures.

Art gallery Land used to display works of Exhibition centre


art, including ceramics, furni-
ture, glass, paintings, sculp-
tures, and textiles.

Backpackers' lodge Residential build-


ing

Bank Office

Beauty salon Shop

Bed and breakfast A dwelling used, by a resident Dwelling


of the dwelling, to provide ac-
commodation for persons
away from their normal place
of residence.

Betting agency Land used for gambling by Gambling


wagering, and where there is premises
the ability to receive a mone-
tary reward.

Boarding house Residential build-


ing

Boat and caravan Land used to store boats, Store


storage caravans, or vehicle-towed
boat trailers.

Boat launching Land used to launch boats Boat ramp Pleasure boat
facility into the water and to retrieve Slipway facility
boats from the water.

Boat ramp Boat launching


facility

Bottle shop Land used to sell packaged Shop


liquor for consumption off the
premises.

Broiler farm Land used to keep broiler Intensive animal


chickens which are housed husbandry
permanently in sheds and
reared for meat production.

Brothel Land made available for pros-


titution by a person carrying
on the business of providing
prostitution services at the
business’s premises.

Business college Education centre

Bus terminal Transport


terminal

Cabaret Nightclub

Camping and Land used to allow accommo- Accommodation


caravan park dation in caravans, cabins,

DEFINITIONS – CLAUSE 74 PAGE 4 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN
tents, or the like.

Caretaker's house A dwelling on the same site as Dwelling


a building, operation, or plant,
and occupied by a supervisor
of that building, operation, or
plant.

Carnival Land, other than an Exhibition Place of assembly


centre or trade fair, used for a
temporary fair or amusements
which provide entertainment
such as side shows, merry-go-
rounds, and stalls for games
or snacks.

Car park Land used to park motor vehi-


cles.

Car sales Motor vehicle,


boat, or
caravan sales

Car wash Service industry

Cattle feedlot Land used to keep and fatten Intensive animal


cattle which are restrained by husbandry
pens or enclosures and inten-
sively fed.

Cemetery Land used to dispose of hu-


man remains by burial. It may
include funeral chapels or the
like.

Child care centre Land used to care for five or Kindergarten


more children who are not
permanently resident on the
land.

Cinema Land used to provide screen Place of assembly


based entertainment or infor-
mation to the public.

Cinema based Land used to provide screen


entertainment based entertainment or infor-
facility mation to the public, in asso-
ciation with the provision of
meals or sporting, amuse-
ment, entertainment, leisure or
retail facilities.

Circus Land used, by performers, to Place of assembly


provide entertainment such as
acrobatic feats, tricks of skill,
and exhibiting animals.

Commercial Land used only to display Warehouse


display area goods.

Community Market

DEFINITIONS – CLAUSE 74 PAGE 5 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN
market

Conference centre Function centre

Convenience Land used to prepare and sell Food and drink


restaurant food and drink for immediate premises
consumption, where substan-
tial provision is made for con-
sumption both on and off the
premises.

Convenience A building with a leasable floor Shop


shop area of no more than 240
square metres, used to sell
food, drinks, and other con-
venience goods. It may also
be used to hire convenience
goods.

Corrective Land used to hold and reform Accommodation


institution persons committed to it by the
courts, such as a prison, re-
mand centre, and other type
of detention facility.

Crematorium Land used to cremate human


remains. It may include fu-
neral chapels or the like.

Crop raising Land used to propagate, culti- Horticulture Agriculture


vate or harvest plants, includ- Rice growing
ing cereals, flowers, fruit, Timber production
seeds, trees, turf, and vegeta-
bles.

Dancing school Indoor recreation


facility

Department store Shop

Dependent A movable building on the Accommodation


person's unit same lot as an existing dwell-
ing and used to provide ac-
commodation for a person
dependent on a resident of the
existing dwelling.

Display home A building constructed as a


dwelling, but used for display,
to encourage people to buy or
construct similar dwellings.

Dog breeding Animal keeping

Drive-in theatre Place of assembly

Dry cleaner Service industry

Dwelling A building used as a self- Bed and breakfast Accommodation


contained residence which Caretaker's house
must include:

DEFINITIONS – CLAUSE 74 PAGE 6 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN
a) a kitchen sink;

b) food preparation facilities;

c) a bath or shower; and

d) a closet pan and wash ba-


sin.

It includes out-buildings and


works normal to a dwelling.

Education centre Land used for education. Business college


Employment training
centre
Primary school
Secondary school
Tertiary institution

Electoral office An office used for electioneer- Office


ing by a candidate in a local,
State, or Federal Government
election.

Emergency Land used to provide facilities


services facility for emergency services, such
as fire prevention and ambu-
lance services. It may include
administrative, operational or
storage facilities associated
with the provision of emer-
gency services.

Employment train- Education centre


ing centre

Equestrian Restricted retail


supplies premises

Exhibition centre Land used to display works of Art gallery Place of assembly
art, artefacts, or historical, Museum
cultural, or other like works or
artefacts.

Extensive animal Land used to keep or breed Animal husbandry


husbandry farm animals, including birds,
at an intensity where the ani-
mals' main food source is ob-
tained by grazing, browsing, or
foraging on plants grown on
the land. It includes:

a) emergency and supple-


mentary feeding; and

b) the incidental penning and


housing of animals, includ-
ing birds, for brooding,
weaning, dipping, or other
husbandry purposes.

DEFINITIONS – CLAUSE 74 PAGE 7 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN
Extractive Land used for the extraction or Mineral, stone, or
industry removal of stone from land for soil
commercial use, or to use the extraction
stone for building, construc-
tion, road or manufacturing
works. It includes the treat-
ment of stone or the manufac-
ture of bricks, tiles, pottery, or
cement products on, or adja-
cent to, the land from which
the stone is extracted.

Food and drink Land used to prepare and sell Convenience Retail premises
premises food and drink for immediate restaurant
consumption on, or off, the Hotel
premises. Restaurant
Take away food
premises
Tavern

Freeway service Land which has direct access


centre to a freeway and is used to
provide essential services and
facilities which encourage
drivers to stop and take an
effective break in the interests
of driver safety.

Freezing and cool Store


storage

Fuel depot Land used to store, sell, and Liquid fuel depot Warehouse
distribute fuel. Solid fuel depot

Function centre Land used, by arrangement, Conference centre Place of assembly


to cater for private functions, Reception centre
and in which food and drink
may be served. It may include
entertainment and dancing.

Funeral parlour Land used to organise and


conduct funerals, memorial
services, or the like. It in-
cludes the storage and prepa-
ration of bodies for burial or
cremation.

Gambling Land used for gambling by Betting agency Retail premises


premises gaming or wagering, and Gaming premises
where there is the ability to
receive a monetary reward.

Gaming premises Land used for gambling by Gambling


gaming, and where there is premises
the ability to receive a mone-
tary reward.

Garden supplies Land used to sell and distrib- Landscape


ute garden supplies such as gardening

DEFINITIONS – CLAUSE 74 PAGE 8 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN
sand, soil, railway sleepers, supplies
screenings, rock, and the like.

Geothermal en- Land used for the purpose of Mineral, stone,


ergy extraction extracting geothermal energy soil or geo-
or geothermal energy re- thermal energy
extraction
sources for the purpose of
capturing the heat energy
from the resources in accor-
dance with the Geothermal
Energy Resources Act 2005.
It includes any activity inciden-
tal to this purpose including
the construction and operation
of pumps and pipes within the
area in which the geothermal
energy or geothermal energy
resources are being extracted.

Golf course Outdoor


recreation
facility

Golf driving range Outdoor


recreation
facility

Greenhouse gas Land used for the purpose of


sequestration greenhouse gas sequestration
in accordance with the Green-
house Gas Geological Se-
questration Act 2008;
including any incidental build-
ing, infrastructure or activity
which may comprise of the
construction and operation of
pumps and pipes within the
area to enable injection and
storage as well as monitoring
and verification of any green-
house gas substance above,
on or in the geological storage
formation.

Greenhouse gas Land used for the exploration


sequestration of greenhouse gas sequestra-
exploration tion in accordance with the
Greenhouse Gas Geological
Sequestration Act 2008; in-
cluding carrying out one or
more activity necessary for
finding an underground geo-
logical storage formation likely
to be geologically suitable for
the injection and permanent
storage of a greenhouse gas
substance such as carrying
out a seismic survey or other

DEFINITIONS – CLAUSE 74 PAGE 9 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN
kind of survey, making a well,
and injecting and monitoring
the behaviour of an injected or
stored liquid or gas.

Group accommo- Land, in one ownership, con- Accommodation


dation taining a number of dwellings
used to accommodate per-
sons away from their normal
place of residence.

Hairdresser Shop

Hall Place of assembly

Heliport Transport
terminal

Home occupation An occupation carried on in a


dwelling, or on the land
around a dwelling, by a resi-
dent of the dwelling. It may
include a use defined else-
where, but not a Brothel.

Horse riding school Animal training

Horse stables Animal husbandry

Horticulture Land used to propagate, culti- Market garden Crop raising


vate, or harvest flowers, fruit,
vegetables, vines, or the like.

Hospital Land used to provide health


services (including preventa-
tive care, diagnosis, medical
and surgical treatment, and
counselling) to persons admit-
ted as in-patients. It may in-
clude the care or treatment of
out-patients.

Hostel Residential build-


ing

Host farm A farm used to provide ac- Accommodation


commodation for persons,
away from their normal place
of residence, to experience
farm living.

Hotel Land used to sell liquor for Food and drink


consumption on and off the premises
premises. It may include ac-
commodation, food for con-
sumption on the premises,
entertainment, dancing,
amusement machines, and
gambling.

Indoor recreation A building used for indoor lei- Dancing school Minor sports and

DEFINITIONS – CLAUSE 74 PAGE 10 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN
facility sure, recreation, or sport. recreation
facility

Industry Land used for any of the fol- Materials recycling


lowing operations: Refuse disposal
Refuse transfer
a) any process of manufac-
station
ture;
Research and de-
b) dismantling or breaking up velopment centre
of any article; Rural industry
Service industry
c) treating waste materials;

d) winning clay, gravel, rock,


sand, soil, stone, or other
materials (other than Min-
eral, stone, or soil extrac-
tion);

e) laundering, repairing, ser-


vicing or washing any arti-
cle, machinery, or vehicle,
other than on-site work on
a building, works, or land;
or

f) any process of testing or


analysis.

If on the same land as any of


these operations, it also in-
cludes:

a) storing goods used in the


operation or resulting from
it;

b) providing amenities for


people engaged in the op-
eration;

c) selling by wholesale, goods


resulting from the opera-
tion; and

d) accounting or administra-
tion in connection with the
operation.

If Materials recycling, goods


resulting from the operation
may be sold by retail.

Informal outdoor Land open to the public and Minor sports and
recreation used by non-paying persons recreation
for leisure or recreation, such facility
as a cycle track, picnic or bar-
becue area, playground, and
walking or jogging track.

Intensive animal Land used to keep or breed Broiler farm Animal husbandry
Cattle feedlot

DEFINITIONS – CLAUSE 74 PAGE 11 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN
husbandry farm animals, including birds,
by importing most food from
outside the enclosures. It does
not include:

a) an abattoir or sale yard;

b) emergency and supple-


mentary feeding if inciden-
tal to the use of land for
extensive animal hus-
bandry; or

c) the penning and housing of


animals, including birds, for
brooding, weaning, dipping
or other husbandry pur-
poses if incidental to the
use of land for extensive
animal husbandry.

Jetty Marina

Kindergarten Child care centre

Landscape Land used to propagate, grow, Garden supplies Retail premises


gardening and sell plants, or sell and Plant nursery
supplies distribute garden supplies.

Laundromat Service industry

Leisure and Land used for leisure, recrea- Major sports and
recreation tion, or sport. recreation facility
Minor sports and
recreation facility
Motor racing track

Library Place of assembly

Lighting shop Restricted retail


premises

Liquid fuel depot Land used to store, sell by Fuel depot


wholesale, and distribute fuel.

Mail centre Land used to sort mail for dis- Warehouse


tribution.

Major sports and Land used for leisure, recrea- Race course Leisure and rec-
recreation tion or sport, and where there reation
facility is substantial provision made
for spectators, such as a
grandstand, and to which
spectators are usually charged
admission.

Manufacturing Land used, as an incidental Retail premises


sales part of an industry, to retail
goods made materially differ-
ent on the land by that indus-
try.

DEFINITIONS – CLAUSE 74 PAGE 12 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN
Marina Land used to moor boats, or Jetty Pleasure boat
store boats above or adjacent Mooring pole facility
to the water. It may include Pier
boat recovery facilities, and Pontoon
facilities to repair, fuel, and
maintain boats and boat ac-
cessories.

Market Land used to sell goods, in- Community market Retail premises
cluding foodstuffs, from stalls. Trash and treasure
market

Market garden Horticulture

Materials Land used to collect, disman- Industry


recycling tle, store, recycle, or sell, used
or scrap materials.

Medical centre Land used to provide health Office


services (including preventa-
tive care, diagnosis, medical
and surgical treatment, and
counselling) to out-patients
only.

Milk depot Land used to receive milk and Warehouse


milk products for distribution to
consumers, but where milk is
not processed or pasteurised.

Mineral Land used for the exploration Mineral, stone,


exploration of minerals. It includes: soil, or geo-
a) conducting geological, thermal energy
geophysical, and geo- extraction
chemical surveys;

b) drilling;

c) collecting samples for


analysis;

d) the non-commercial extrac-


tion of minerals; and

e) anything (other than Min-


ing) that is specified in an
exploration licence.

Mineral, stone, or Land used for the searching, Extractive industry


soil extraction removal, or processing of Mineral exploration
minerals, stone, or soil, from Mining
the ground. Search for stone

Mining Land used commercially to Mineral, stone,


extract minerals from the land. soil, or geo-
It includes processing and thermal energy
treating ore. extraction

Minor sports and Land used for leisure, recrea- Indoor recreation Leisure and
recreation tion, or sport, without substan- facility recreation
facility tial provision for spectators, Informal outdoor

DEFINITIONS – CLAUSE 74 PAGE 13 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN
and which is usually open to recreation
non-paying spectators. Open sports ground
Outdoor recreation
facility
Restricted recrea-
tion facility

Minor utility Land used for a utility installa- Water retarding ba- Utility installation
installation tion comprising any of the sin
following:

a) sewerage or water mains;

b) storm or flood water drains


or retarding basins;

d) gas mains providing gas


directly to consumers;

e) power lines designed to


operate at less than
220,000 volts;

f) a sewage treatment plant,


and any associated dis-
posal works, required to
serve a neighbourhood;

g) a pumping station required


to serve a neighbourhood;
or

h) an electrical sub-station
designed to operate at no
more than 66,000 volts.

Mooring pole Marina

Motel Land used to provide accom- Residential hotel


modation in serviced rooms
for persons away from their
normal place of residence,
and where provision is made
for parking guests' vehicles
convenient to the rooms.

Motor racing track Land used to race, rally, Leisure and


scramble, or test, vehicles, recreation
including go-karts, motor
boats, and motorcycles, and
includes other competitive
motor sports.

Motor repairs Land used to repair or service Panel beating Service industry
motor vehicles, and includes
the fitting of accessories.

Motor vehicle, Land used to sell or hire motor Car sales Retail premises
boat, or vehicles, boats, or caravans. It
caravan sales may include the minor repair
or servicing of motor vehicles,

DEFINITIONS – CLAUSE 74 PAGE 14 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN
boats, or caravans, and the
sale or fitting of accessories.

Museum Land used to display archaeo- Exhibition centre


logical, biological, cultural,
geographical, geological, his-
torical, scientific, or other like
works or artefacts.

Natural systems Land in substantially its natu-


ral state which is used to
maintain ecological systems,
or to preserve an area of his-
toric, scientific, aesthetic, or
cultural significance.

Nightclub A building used to provide Cabaret Place of assembly


entertainment and dancing. It
may include the provision of
food and drink for consump-
tion on the premises. It does
not include the sale of pack-
aged liquor, or gaming.

Nurses' home Residential build-


ing

Nursing home Residential aged


care facility

Office Land used for administration, Bank


or clerical, technical, profes- Electoral office
sional or other like business Medical centre
activity. No goods or materials Real estate agency
intended for manufacture, Travel agency
sale, or hire may be stored on
the land. Other than electoral
office and medical centre, it
does not include any other
defined use.

Open sports Land used for sport, but which Minor sports and
ground is available for informal out- recreation
door leisure or recreation facility
when not being used or pre-
pared for an organised game.
It may include lights, change
rooms, pavilions, and shelters.

Outdoor recrea- Land used for outdoor leisure, Golf course Minor sports and
tion facility recreation, or sport. Golf driving range recreation
Paintball games facil- facility
ity
Pleasure park
Zoo

Paintball games Outdoor


facility recreation
facility

DEFINITIONS – CLAUSE 74 PAGE 15 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN
Panel beating Land used to repair or replace Motor repairs
damaged motor vehicle bod-
ies and panels, and carry out
any associated mechanical
work or spray painting.

Party supplies Restricted retail


premises

Pier Marina

Place of assembly Land where people congre- Amusement parlour


gate for religious or cultural Carnival
activities, entertainment, or Cinema
meetings. Circus
Drive-in theatre
Exhibition centre
Function centre
Hall
Library
Nightclub
Place of worship
Restricted place of
assembly

Place of worship Land used for religious activi- Place of assembly


ties, such as a church, chapel,
mosque, synagogue, and
temple.

Plant nursery Land used to propagate, grow, Landscape


and sell plants. It may include gardening
the sale of gardening equip- supplies
ment and horticultural prod-
ucts.

Pleasure boat Land used to provide facilities Boat launching facil-


facility for boats operated primarily ity
for pleasure or recreation, Marina
including boats operated
commercially for pleasure or
recreation.

Pleasure park Outdoor


recreation
facility

Pontoon Marina

Postal agency Retail premises

Primary produce Land used to sell unprocessed Retail premises


sales primary produce, grown on the
land or adjacent land.

Primary school Education centre

Race course Major sports and


recreation
facility

DEFINITIONS – CLAUSE 74 PAGE 16 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN
Racing dog keeping Animal keeping

Racing dog training Animal training

Railway station Land used to assemble and Transport


distribute goods and passen- terminal
gers and includes facilities to
park and manoeuvre vehicles.
It may include the selling of
food, drinks and other conven-
ience goods and services.

Real estate agency Office

Reception centre Function centre

Refuse disposal Land used to dispose of re- Industry


fuse, by landfill, incineration,
or other means.

Refuse transfer Land used to collect, tempo- Industry


station rarily store, and process re-
fuse, or used or scrap
materials, for disposal or use
elsewhere.

Renewable energy Land used to generate energy Wind energy facility


facility using resources that can be
rapidly replaced by an ongoing
natural process. Renewable
energy resources include the
sun, wind, the ocean, water
flows, organic matter and the
earth’s heat.

It includes any building or


other structure or thing used in
or in connection with the gen-
eration of energy by a renew-
able resource.

It does not include a renew-


able energy facility principally
used to supply energy for an
existing use of the land.

Research and Land used to develop elec- Industry


development tronic technology, biotechnol-
centre ogy, or any other scientific
discipline. It may include ad-
ministration, promotion, con-
ference, display, laboratory,
assembly, and manufacturing
areas.

Research centre Land used only for scientific


research.

Reservoir Utility installation

Residential aged Land used to provide accom- Nursing home Residential build-

DEFINITIONS – CLAUSE 74 PAGE 17 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN
care facility modation and personal or ing
nursing care for the aged. It
may include recreational,
health or laundry facilities and
services for residents of the
facility.

Residential build- Land used to accommodate Backpackers' lodge Accommodation


ing persons, but does not include Boarding house
camping and caravan park, Hostel
corrective institution, depend- Nurses' home
ent person's unit, dwelling, Residential aged
group accommodation, host care facility
farm, residential village or Residential college
retirement village. Residential hotel

Residential Residential build-


college ing

Residential hotel Land used to provide accom- Motel Residential build-


modation in serviced rooms ing
for persons away from their
normal place of residence. If it
has at least 20 bedrooms, it
may include the sale of liquor
for consumption on, or off, the
premises, function or confer-
ence rooms, entertainment,
dancing, amusement ma-
chines, and gambling.

Residential village Land, in one ownership, con- Accommodation


taining a number of dwellings,
used to provide permanent
accommodation and which
includes communal, recrea-
tion, or medical facilities for
residents of the village.

Restaurant Land used to prepare and sell Food and drink


food and drink, for consump- premises
tion on the premises. It may
include:

a) entertainment and dancing;


and

b) the supply of liquor other


than in association with the
serving of meals, provided
that tables and chairs are
set out for at least 75% of
patrons present on the
premises at any one time.

It does not include the sale of


packaged liquor.

Restricted place Land used by members of a Place of assembly


club or group, or by members'

DEFINITIONS – CLAUSE 74 PAGE 18 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN
of assembly guests, for religious or cultural
activities, entertainment, or
meetings. It may include food
and drink for consumption on
the premises, and gaming.

Restricted recrea- Land used by members of a Minor sports and


tion facility club or group, members' recreation
guests, or by the public on facility
payment of a fee, for leisure,
recreation, or sport, such as a
bowling or tennis club, gym-
nasium and fitness centre. It
may include food and drink for
consumption on the premises,
and gaming.

Restricted retail Land used to sell or hire: Equestrian supplies Shop


premises Lighting shop
a) automotive parts and ac-
Party supplies
cessories;

b) camping equipment;

c) electric light fittings;

d) equestrian supplies;

e) floor and window coverings;

f) furniture, bedding, furnish-


ings, fabric and manches-
ter;

g) household appliances,
household electrical goods
and home entertainment
goods;

h) party supplies;

i) swimming pools; or

j) office equipment and sup-


plies.

Retail premises Land used to: Food and drink


premises
a) sell goods by retail, or by
Gambling premises
retail and wholesale;
Landscape garden-
b) sell services; or ing supplies
Manufacturing sales
c) hire goods. Market
Motor vehicle, boat,
or caravan sales
Postal agency
Primary produce
sales
Shop
Trade supplies

Retirement village Land used to provide perma- Accommodation

DEFINITIONS – CLAUSE 74 PAGE 19 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN
nent accommodation for re-
tired people or the aged and
may include communal rec-
reational or medical facilities
for residents of the village.

Rice growing Crop raising

Road freight termi- Transport


nal terminal

Rural industry Land used to: Abattoir Industry


Sawmill
a) handle, treat, process, or
pack agricultural produce;
or

b) service or repair plant, or


equipment, used in agricul-
ture.

Rural store Land used to store unproc- Store


essed agricultural produce, or
products used in agriculture.

Saleyard Land used to hold, sell, and


buy farm animals.

Sawmill Land used to handle, cut, and Rural industry


process timber from logs.

Search for stone The searching for stone, in- Mineral, stone,
cluding: soil, or geo-
thermal energy
a) conducting geological,
extraction
geophysical, and geo-
chemical surveys;

b) costeaning and bulk sam-


pling;

c) drilling; and

d) taking samples for chemi-


cal, physical, or other test-
ing.

Secondary school Education centre

Service industry Land used to launder, repair, Car wash Industry


service or wash articles, ma- Dry cleaner
chinery, or vehicles. Laundromat
Motor repairs

Service station Land used to sell motor vehi-


cle fuel from bowsers, and
lubricants. It may include the:

a) selling of motor vehicle


accessories or parts;

b) selling of food, drinks and


other convenience goods;

DEFINITIONS – CLAUSE 74 PAGE 20 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN
c) hiring of trailers;

d) servicing or washing of
motor vehicles; and

e) installing of motor vehicle


accessories or parts.

Shipping con- Land used to store shipping Store


tainer storage containers. It may include the
cleaning, repair, servicing,
painting or fumigation of the
shipping containers.

Shop Land used to sell goods or Adult sex bookshop Retail premises
services, or to hire goods. It Beauty salon
includes the selling of bread, Bottle shop
pastries, cakes or other prod- Convenience shop
ucts baked on the premises. Department store
It does not include food and Hairdresser
drink premises, gambling Restricted retail
premises, landscape garden- premises
ing supplies, manufacturing Supermarket
sales, market, motor vehicle,
boat, or caravan sales, postal
agency, primary produce
sales, or trade supplies.

Slipway Boat launching


facility

Solid fuel depot Land used to sell solid fuel, Fuel depot
such as briquettes, coal, and
fire wood.

Store Land used to store goods, Boat and caravan Warehouse


machinery, or vehicles. storage
Freezing and cool
storage
Rural store
Shipping container
storage
Vehicle store

Supermarket Shop

Take away food Land used to prepare and sell Food and drink
premises food and drink for immediate premises
consumption off the premises.

Tavern Land used to sell liquor for Food and drink


consumption on the premises. premises
It may include accommoda-
tion, food for consumption on
the premises, entertainment,
dancing, amusement ma-
chines, and gambling.

Telecommunica- Land used to accommodate Utility installation


tions facility any part of the infrastructure

DEFINITIONS – CLAUSE 74 PAGE 21 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN
of a Telecommunications net-
work. It includes any tele-
communications line,
equipment, apparatus, tele-
communications tower, mast,
antenna, tunnel, duct, hole,
pit, pole, or other structure or
thing used, or for use in or in
connection with a Telecom-
munications network.

Tertiary institution Education centre

Timber production Land used to propagate, culti- Crop raising


vate, manage and harvest
timber.

Timber yard Land used to sell sawn, Trade supplies


dressed, and treated timber,
wood fibre boards, and the
like. It includes cutting the
timber and boards to order,
and selling hardware, paints,
tools, and materials used in
conjunction with the use and
treatment of timber.

Trade supplies Land used to sell by both retail Timber yard Retail premises
and wholesale, or to hire, ma-
terials, tools, equipment, ma-
chinery or other goods for use
in:

a) automotive repairs and


servicing;

b) building;

c) commerce;

d) industry;

e) landscape gardening;

f) the medical profession;

primary production; or

local government, government


departments or public institu-
tions.

Tramway Land used to provide a sys-


tem of transport in vehicles
connected to a network of
tracks, and includes tram
stops, shunting areas and
associated passenger facili-
ties.

Transport terminal Land used to assemble and Airport


distribute goods or passen- Bus terminal

DEFINITIONS – CLAUSE 74 PAGE 22 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN
gers. It includes facilities to Heliport
park and manoeuvre vehicles. Railway station
It does not include a Tramway. Road freight terminal
Wharf

Trash and treasure Market


market

Travel agency Office

Utility installation Land used: Minor utility installa-


tion
a) for telecommunications;
Reservoir
b) to transmit or distribute Telecommunications
gas, oil, or power; facility
c) to collect, treat, transmit,
store, or distribute water; or

d) to collect, treat, or dispose


of storm or flood water,
sewage, or sullage.

Vehicle store Land used to park or store Store


vehicles in connection with a
goods or passenger transport
business.

Veterinary centre Land used to:

a) diagnose animal diseases


or disorders;

b) surgically or medically treat


animals; or

c) prevent animal diseases or


disorders.

It may include keeping the


animals on the premises for
treatment.

Warehouse Land used to store or display Commercial display


goods. It may include the dis- area
tribution and the wholesale Fuel depot
selling of the goods. Mail centre
Milk depot
Store

Water retarding Land used to store storm or Minor utility


basin flood water on a temporary installation
basis.

Wharf Land used to provide facilities Transport


for ships, such as bulk and terminal
container ships, passenger
ships, and defence force ma-
rine craft.

Wind energy Land used to generate elec-


facility tricity by wind force. It in-

DEFINITIONS – CLAUSE 74 PAGE 23 OF 24


LAND USE TERM DEFINITION INCLUDES INCLUDED IN
cludes any turbine, building or
other structure or thing used in
or in connection with the gen-
eration of electricity by wind
force. It can include an ane-
mometer.

It does not include turbines


principally used to supply elec-
tricity for domestic or rural use
of the land.

Winery Land used to display, and sell


by retail, vineyard products, in
association with the growing of
grape vines and the manufac-
ture of the vineyard products.
It may include the preparation
and sale of food and drink for
consumption on the premises.

Zoo Outdoor
recreation
facility

DEFINITIONS – CLAUSE 74 PAGE 24 OF 24


75 NESTING DIAGRAMS
18/06/2010
VC62
The information in the table to Clause 74 is set out in the following diagrams as a means of
indicating the nesting of land use terms.
Land use terms that are not nested are listed separately. If there is any inconsistency between the
table and the diagrams or list, the table to Clause 74 prevails.

DEFINITIONS - CLAUSE 75 PAGE 1 OF 16


75.01 ACCOMMODATION GROUP
15/12/2008
VC50

Camping and
caravan park

Corrective
institution

Dependent Bed and


person's unit breakfast

Dwelling

Caretaker's
house

Group
accommodation

Accommodation

Host farm Backpackers'


lodge

Boarding
house

Hostel

Residential Nurses' home


building

Residential Residential Nursing home


village aged care
facility

Retirement Residential
village college

Residential Motel
hotel

DEFINITIONS - CLAUSE 75 PAGE 2 OF 16


75.02 AGRICULTURE GROUP
09/10/2006
VC42

Animal
boarding

Animal
keeping

Dog breeding

Racing dog
keeping

Animal Horse riding


training school

Animal Apiculture Racing dog


husbandry training

Agriculture Extensive
animal
husbandry

Horse stables

Intensive Broiler farm


animal
husbandry

Aquaculture Cattle feedlot

Horticulture Market garden

Crop raising

Rice growing

Timber
production

DEFINITIONS - CLAUSE 75 PAGE 3 OF 16


75.03 CHILD CARE CENTRE GROUP
09/10/2006
VC42

Child care Kindergarten


centre

75.04 EDUCATION CENTRE GROUP


09/10/2006
VC42

Business
college

Employment
training centre

Education Primary school


centre

Secondary
school

Tertiary
institution

DEFINITIONS - CLAUSE 75 PAGE 4 OF 16


75.05 INDUSTRY GROUP
09/10/2006
VC42

Materials
recycling

Refuse
disposal

Refuse
transfer
station

Industry Research and


development
centre

Abattoir

Rural industry

Sawmill

Car wash

Dry cleaner

Service
industry

Laundromat

Motor repairs Panel beating

DEFINITIONS - CLAUSE 75 PAGE 5 OF 16


75.06 LEISURE AND RECREATION GROUP
09/10/2006
VC42
Major sports Race course
and recreation
facility

Indoor Dancing school


recreation
facility

Informal
outdoor
recreation

Open sports
ground

Leisure and Minor sports


recreation and recreation
facility

Golf course

Golf driving
range

Outdoor Paintball
recreation games facility
facility

Pleasure park

Zoo

Restricted
recreation
facility

Motor racing
track

DEFINITIONS - CLAUSE 75 PAGE 6 OF 16


75.07 EARTH RESOURCE EXPLORATION AND DEVELOPMENT GROUP
18/06/2010
VC62
Extractive
industry

Mineral, Mineral
stone, soil, or exploration
geothermal
energy
extraction and Mining
greenhouse
gas
sequestration

Search for
stone

Greenhouse
gas
sequestration
exploration

Greenhouse
gas
sequestration

DEFINITIONS - CLAUSE 75 PAGE 7 OF 16


75.08 OFFICE GROUP
09/10/2006
VC42

Bank

Electoral
office

Office Medical centre

Real estate
agency

Travel agency

DEFINITIONS - CLAUSE 75 PAGE 8 OF 16


75.09 PLACE OF ASSEMBLY GROUP
09/10/2006
VC42

Amusement
parlour

Carnival

Cinema

Circus

Drive-in theatre Art gallery

Place of Exhibition Museum


assembly centre

Function Conference
centre centre

Hall Reception
centre

Library

Nightclub Cabaret

Place of
worship

Restricted
place of
assembly

DEFINITIONS - CLAUSE 75 PAGE 9 OF 16


75.10 PLEASURE BOAT FACILITY GROUP
09/10/2006
VC42

Boat ramp

Boat
launching
facility

Slipway

Pleasure boat
facility

Jetty

Mooring pole

Marina

Pier

Pontoon

DEFINITIONS - CLAUSE 75 PAGE 10 OF 16


75.11 RETAIL PREMISES GROUP
09/10/2006
VC42
Convenience restaurant

Hotel
Food and drink premises
Restaurant

Take away food premises

Tavern

Betting agency
Gambling premises
Gaming premises

Garden supplies
Retail Landscape gardening
premises supplies
Plant nursery
Manufacturing sales
Community market
Market
Trash and treasure market
Motor vehicle, boat, or
caravan sales
Car sales
Postal agency

Primary produce sales

Shop See separate diagram for


the sub-group of Shop

Trade supplies Timber yard

DEFINITIONS - CLAUSE 75 PAGE 11 OF 16


75.12 RETAIL PREMISES GROUP (SUB-GROUP OF SHOP)
09/10/2006
VC42
Adult sex
bookshop

Beauty salon

Bottle shop

Convenience
shop

Department
store

Retail Shop
premises

Hairdresser

Equestrian
supplies

Restricted Lighting shop


retail
premises

Party supplies

Supermarket

DEFINITIONS - CLAUSE 75 PAGE 12 OF 16


75.13 TRANSPORT TERMINAL GROUP
09/10/2006
VC42
Airport

Bus terminal

Heliport

Transport
terminal

Railway
station

Road freight
terminal

Wharf

75.14 UTILITY INSTALLATION GROUP


09/10/2006
VC42

Minor utility installation Water retarding basin

Utility
installation

Reservoir

Telecommunications
facility

DEFINITIONS - CLAUSE 75 PAGE 13 OF 16


75.15 WAREHOUSE GROUP
09/10/2006
VC42

Commercial
display area

Liquid fuel
depot

Fuel depot

Solid fuel
depot

Mail centre

Warehouse Milk depot

Boat and
caravan
storage

Freezing and
cool storage

Store

Rural store

Shipping
container
storage

Vehicle store

DEFINITIONS - CLAUSE 75 PAGE 14 OF 16


75.16 RENEWABLE ENERGY GROUP
21/09/2009
VC60
Wind energy
facility

Renewable
energy facility

DEFINITIONS - CLAUSE 75 PAGE 15 OF 16


75.17 LAND USE TERMS THAT ARE NOT NESTED
21/09/2009
VC60

Art and craft centre

Brothel

Car park

Cemetery

Cinema based entertainment facility

Crematorium

Display home

Emergency services facility

Freeway service centre

Funeral parlour

Home occupation

Hospital

Natural systems

Research centre

Saleyard

Service station

Tramway

Veterinary centre

Winery

DEFINITIONS - CLAUSE 75 PAGE 16 OF 16


Incorporated
Documents
80 INCORPORATED DOCUMENTS
19/01/2006
VC37
This section sets out the documents which are incorporated in this scheme.

INCORPORATED DOCUMENTS – CLAUSE 80 PAGE 1 OF 1


81 DOCUMENTS INCORPORATED IN THIS SCHEME
19/01/2006
VC37

The documents listed in the table and in the schedule to Clause 81.01 are incorporated
documents under section 6(2)(j) of the Planning and Environment Act 1987.
If a document is not included in the table or the schedule, it is not an incorporated
document.

INCORPORATED DOCUMENTS - CLAUSE 81 PAGE 1 OF 1


81.01 Table of documents incorporated in this scheme
21/09/2009
VC60

Table to Clause 81.01

NAME OF DOCUMENT

Code of Practice for Timber Production 2007

Victorian Code for Cattle Feedlots, August 1995

Guidelines for Environmental Management - Septic Tanks Code of Practice,


Publication 891, Environment Protection Authority, March 2003

Private Tennis Court Development Code of Practice – Revision 1, March 1999

Code of Practice for Fire Management on Public Land (Department of


Sustainability and Environment, Revision No. 1 2006)

Code of Practice, Piggeries, Department of Planning and Housing and Department


of Food and Agriculture, 1992

Building in bushfire-prone areas - CSIRO & Standards Australia (SAA HB36-1993),


May 1993

Local Government Planning Guide for Dry Land Salinity - Department


Conservation and Natural Resources, 1995

Construction Techniques for Sediment Pollution Control, Environment Protection


Authority May 1991

Apiary Code of Practice, May 1997

A ‘Good Neighbour’ Code of Practice for a Circus or Carnival, October 1997

A Code of Practice for Telecommunications Facilities in Victoria, July 2004

Australian Standard AS/NZS 2890.1:2004, Parking Facilities - Off-street car


parking, Standards Australia 2004

Australian Standard AS2890.2-1989, Off-street parking Part 2: Commercial vehicle


facilities, Standards Australia 1989

Australian Standard AS2890.5-1993, Parking Facilities Part 5: On-street parking.


Standards Australia 1993

Australian Standard AS2890.3-1993, Parking Facilities Part 3: Bicycle parking


facilities, Standards Australia 1993

Pavement Design - A Guide to the Structural Design of Road Pavements,


Austroads, (AP-17/92)

Guide to Traffic Engineering Practice, Part 6 - Roundabouts, Austroads, 1993 (AP-


11.6/93)

Guide to Traffic Engineering Practice, Part 13 - Pedestrians, Austroads, 1995 (AP-


11.13/95)

Guide to Traffic Engineering Practice, Part 14 - Bicycles, Austroads 1999 (AP-


11.14/99)

Design Vehicles and Turning Path Templates, Austroads, 1995 (AP-34/95)

Australian Rainfall and Run-off - A guide to flood estimation, Volume 1, The


Institution of Engineers, Australia, Reprinted edition 2001

INCORPORATED DOCUMENTS - CLAUSE 81.01 PAGE 1 OF 2


NAME OF DOCUMENT

Australian/New Zealand Standard AS/NZS1158.1.1:1997, Road lighting, Part 1.1:


Vehicular traffic (Category V) lighting – Performance and installation design
requirements. Standards Australia/Standards New Zealand 1997

Australian/New Zealand Standard AS/NZS1158.3.1:1999, Road lighting, Part 3.1:


Pedestrian Area (Category P) lighting – Performance and installation design
requirements. Standards Australia/Standards New Zealand 1999

Guide to Residential Streets and Paths, Cement and Concrete Association of


Australia, 2004 (C&CCA T51-2004)

Victorian Code for Broiler Farms 2009

Policy and Planning Guidelines for Development of Wind Energy Facilities in


Victoria, 2009

Victoria’s Native Vegetation Management – A Framework for Action, August 2002

Activity Centres and Principal Public Transport Network Plan, 2003

Growth Area Framework Plans, Department of Sustainability and Environment,


September 2006

INCORPORATED DOCUMENTS - CLAUSE 81.01 PAGE 2 OF 2


List of
Amendments
to the
Victoria Planning
Provisions

This section lists the amendments which


have been made to the Victoria Planning
Provisions.
LIST OF AMENDMENTS TO THE VICTORIA PLANNING PROVISIONS

Amendment In operation Brief description


number from

V1 24 JUL 1997 Introduces the Capital City Zone and the Docklands Zone.

V3 17 OCT 1997 Substitutes a new and updated version of the Victoria Planning Provisions
arising from a general review incorporating recommendations of Ministerial
Advisory Committees.

V4 1 NOV 1997 Introduces an Alpine area policy in the State Planning Policy Framework.

VC1 26 MAR 1998 Extends the expiry date of provisions for interim telecommunications
facilities to 30 September 1998.

VC2 9 JUL 1998 Various changes reflecting state section amendments and recommendations
of Panels and Advisory Committees.

V2 23 JUL 1998 Establishes consistency between the City Link Project Overlay and State
section amendments.

VC3 24 SEP 1998 Extends the expiry date of provisions for interim telecommunications
facilities to 31 December 1998.

VC4 8 OCT 1998 Changes the Bed and breakfast provisions in accordance with the
recommendations of the Tourism Industry Regulatory Reform Task Force.

VC6 17 DEC 1998 Extends the expiry date of provisions for interim telecommunications
facilities to 31 March 1999.

Adds “Railway” and “Tramway” to Section 1 of the Table of uses in the


Public Use Zone.

VC5 25 MAR 1999 Introduces A Code of Practice for Telecommunications Facilities in Victoria,
and updates Code of Practice – Private Tennis Court Development as
incorporated documents, amends the gaming provisions to provide for lists
of strip shopping centres where gaming is prohibited, recognises existing
use rights of privatised utility service providers, defines “Railway station”,
provides for vegetation removal if the vegetation has been planted for
pasture or other crops, formatting and other changes arising from panel
reports and operational experience.

VC7 16 AUG 1999 Makes changes to the SPPF relating to Melbourne Airport and brothels;
clarifies that land identified in a schedule to the Public Park and Recreation
Zone or the Public Conservation and Resource Zone may be used and
developed in accordance with the schedule or the specific controls contained
in an incorporated document corresponding to the land; introduces a new
State Resources Overlay; amends the Airport Environs Overlay to establish
the lessee of Melbourne Airport in decision guidelines and as a referral
authority; extends the expiry date of major promotion signs displayed in
accordance with a permit granted between 19 September 1993, and 18
September 1997; amends definitions in accordance with changes to the
Prostitution Control Act 1994.

VC9 25 MAY 2000 Makes changes to the Settlement and Housing policies in the State Planning
Policy Framework to recognise neighbourhood character.

VC8 17 AUG 2000 Makes changes to the SPPF in relation to biodiversity; introduces an
operations clause for the LPPF; amends the rural zones in relation to the
construction of outbuildings; amends the residential and rural zones to
accommodate the keeping of pet racing dogs; amends the flooding zones

LIST OF AMENDMENTS TO THE VICTORIA PLANNING PROVISIONS PAGE 1 OF 9


Amendment In operation Brief description
number from
and overlays to require the incorporation of local floodplain development
plans; amends subdivision and dwelling provisions in the Restructure
Overlay; amends clause 52.01 to clarify its relationship with the Subdivision
Act 1988; amends clause 52.03 to enable the schedule to prohibit a use or
development on specific sites; makes formatting and other changes arising
from panel reports and operational experience.

VC10 14 DEC 2000 Makes changes to the Table of uses in the Public Conservation and
Resource Zone relating to Utility installation and makes typographical
corrections.

VC11 29 MAR 2001 Introduces ability to require permits for outbuildings larger than a specified
size in the Low Density Residential Zone; introduces ability to require
permits for restaurants in specified areas in the Business 1 Zone; provides
more flexibility in the purpose of the Specific Sites and Exclusions
provisions; simplifies the operation of the Advertising Signs provisions;
reorganises and clarifies the Car Parking provisions; corrects the referral
provisions in Clause 66 relating to construction of building or works on land
within 60 metres of a major electricity transmission line; introduces a new
definition of Retirement village; and makes various formatting and
typographical corrections.

VC12 24 AUG 2001 Makes changes to the SPPF, LPPF, Zones, Overlays, Particular Provisions,
Definitions and list of Incorporated documents based on the general review
of residential development provisions and the recommendations of the
ResCode Advisory Committee. The changes include the introduction of
schedules to four residential zones, a Neighbourhood Character Overlay,
new residential development provisions in Clauses 54, 55 and 56 for
dwellings and subdivision, and transitional arrangements for subdivision,
medium-density housing and residential buildings. Corrects an
inconsistency between Amendment S74 and the VPP in relation to public
open space contributions in subdivision. Clarifies the definition of Trade
supplies.

VC13 27 SEP 2001 Introduces Victorian Code for Broiler Farms as an incorporated document;
amends the SPPF and the Rural Zone and introduces a new Particular
provision and definition relating to broiler farm; amends the Advertising signs
provisions relating to major promotion signs, business logos and street
numbers; includes domestic rainwater tanks as exempt buildings and works
except in the Heritage Overlay; updates references in the Environmental
Audit Overlay to amended sections of the Environment Protection Act 1970,
following amendments to that Act; makes corrections to the Residential 1
Zone and Business 1 Zone; and updates the User Guide.

VC14 22 NOV 2001 Makes corrections to the Residential 1 Zone, Clause 54.04 and Clause
55.04.

VC16 8 OCT 2002 Restructures Clauses 11, 12 and 13 of the State Planning Policy Framework
and amends zone maps of 17 Melbourne metropolitan fringe planning
schemes to introduce an Urban Growth Boundary and a legend designation
for land outside the Urban Growth Boundary; introduces a renewable energy
policy in Clause 15 of the SPPF; introduces a new Particular provision and
Land use term for Wind energy facility; includes Wind energy facility in the
Table of uses in the Public Conservation and Resource Zone; includes a
temporary anemometer in the list of buildings and works not requiring a
permit; makes the Minister for Planning the responsible authority in planning
schemes for considering Wind energy facilities with a capacity greater than
30 megawatts; and introduces Policy and Planning Guidelines for
Development of Wind Energy Facilities in Victoria, 2002 as an incorporated

LIST OF AMENDMENTS TO THE VICTORIA PLANNING PROVISIONS PAGE 2 OF 9


Amendment In operation Brief description
number from
document in planning schemes; amends Clause 18 of the SPPF to require
the design of transport routes to provide for grade separation at railways.

VC15 31 OCT 2002 Updates reference to tourism guidelines in SPPF; clarifies the nature of
“school” in the SPPF and Clause 56.07 and in conditions opposite various
uses in the industrial and business zones; introduces a new Particular
provision and Land use term for Shipping container storage; includes
Shipping container storage in the Table of uses in the Industrial 1, Business
3 and Business 4 Zones; exempts outdoor swimming pools associated with
dwellings from permit requirements in the Design and Development Overlay
and Neighbourhood Character Overlay; exempts removal of native
vegetation from permit requirements in the Heritage Overlay and Public
Acquisition Overlay if it presents an immediate risk of injury or damage;
amends Clause 52.01 to establish consistency with the Subdivision Act 1988
and to clarify the Class 1 exemption for subdivision of residential buildings;
extends the expiry date in Clause 52.04-3 for transitional arrangements for
residential development; amends Standard C21 in Clause 56.06-4 to
facilitate the use of building envelopes on lots in new subdivisions; amends
definitions of Wall height, Materials recycling and Store; and makes minor
format changes.

VC17 24 DEC 2002 Provides permit exemption in the Public Acquisition Overlay for proposals
that are consistent with the purpose for which the land was or is to be
acquired; and provides permit exemptions and introduces an incorporated
document for 3 Rail Infrastructure Projects (Rail Gauge Standardisation
Project, Regional Fast Rail Project and Fibre Optic Project) in 23 planning
schemes.

VC18 13 JUN 2003 Introduces Core Planning Provisions for Metropolitan green wedge land in
Clause 57 of the Particular provisions.

VC19 24 JUL 2003 Makes changes to the SPPF and various Overlays and Particular provisions
relating to Government policies and strategies on native vegetation
management, coastal planning and management, highway management and
Development Contributions Plans; introduces a Particular provision for
satellite dishes; makes high rise residential development in residential zones
subject to car parking requirements in Clause 52.06; provides permit
exemptions for direction signs to emergency facilities at hospitals and
buildings and works associated with a Dependent person’s unit; clarifies that
permit exemption for subdivision applies to an authority acquiring land rather
than generally to an acquiring authority; amends the definition of Shop to
clarify that it includes the sale of bread and other products baked on the
premises; updates references to Ministers, Government departments and
agencies; updates references to legislation and incorporated documents;
and makes various formatting and typographical corrections.

VC21 9 OCT 2003 Corrects Clause 52.05-9 to restore provisions relating to High-wall signs
deleted in Amendment VC19.

VC22 24 NOV 2003 Introduces the Green Wedge Zone and the Rural Conservation Zone in the
VPP and amends Clause 57 of 17 planning schemes.

VC20 11 DEC 2003 Makes changes to Clause 45.07 – City Link Project Overlay and updates the
incorporated document within Clause 81.

VC23 19 MAY 2004 Introduces the Green Wedge A Zone and amends the Green Wedge Zone
and Rural Conservation Zone in the VPP and applies those zones, where
appropriate, to Metropolitan green wedge land in 16 planning schemes; and
amends Clause 57 in the VPP and 17 planning schemes.

LIST OF AMENDMENTS TO THE VICTORIA PLANNING PROVISIONS PAGE 3 OF 9


Amendment In operation Brief description
number from

VC24 11 JUN 2004 Introduces the Farming Zone and Rural Activity Zone in the VPP and
amends Clause 17.05 in the SPPF, the Low Density Residential Zone and
the Rural Living Zone.

VC25 1 JUL 2004 Removes reference to 4 Star energy rating in Standard B10, Clause 55.03-5
to ensure consistency between the VPP and the 5 Star energy rating in the
Building Regulations.

VC26 26 AUG 2004 Makes changes to the SPPF to implement recommendations of the Live
Music Task Force; removes anomalies that allow dwellings to be
constructed or extended on common property and existing dwellings to be
internally altered and converted to multiple dwellings without permits;
updates references to current transport legislation; makes corrections to the
Advertising sign provisions; amends the list of incorporated documents to
refer to updated documents; restructures the list of incorporated documents
in Clause 81 and the Schedule to Clause 81.

V5 3 SEP 2004 Introduces the Priority Development Zone.

VC27 9 SEP 2004 Establishes all referral and notice requirements in Clause 66 and schedules
to Clause 66.

VC28 6 OCT 2004 Introduces a Particular provision, Clause 52.34, for Bicycle facilities.

VC29 4 NOV 2004 Makes a change to Clause 52.17 to clarify that the exemption from the need
for a planning permit for the removal, destruction or lopping of native
vegetation for farm structures does not include the establishment or
operation of a central pivot irrigation system.

VC31 25 NOV 2004 Introduces a new Residential 3 Zone; introduces a new Particular provision
and amends Clause 19 to require an urban context report and design
response for residential development of four (4) or more storeys; includes a
reference to Design Guidelines for Higher Density Residential Development
in Clause 19; and amends the ResCode provisions at Clauses 54.03-2 and
55.03-2 to give effect to residential height provisions.

VC32 23 DEC 2004 Makes changes to Clause 15.08 of the SPPF to refer to the land use and
development polices expressed in the Great Ocean Road Region – A Land
Use and Transport Strategy.

VC33 1 SEP 2005 Removes the requirement for a Clause 54 assessment for Heritage Overlay
applications in a residential zone.

VC34 22 SEP 2005 Introduces a new Clause 12 with consequential changes to other clauses in
the SPPF, including Clauses 14, 15, 17, 18 & 19; includes reference to
Alpine Resorts 2020 Strategy in Clause 15.13 and Activity Centre Design
Guidelines and Safer Design Guidelines in Clause 19.03-3; amends
subdivision requirements in Clauses 35.04, 35.05, 35.06; makes changes to
provisions in Clause 35.06 and Clause 57.01 regarding Wind energy
facilities; amends advertising sign controls along railway corridors in Clause
36.01-7; amends Clauses 43.05-3, 55 & 56 to refer to the Residential 3
Zone; amends Clause 44.05 to broaden the range of minor buildings and
works that do not require a permit; amends Clauses 44.01, 44.02, 44.03,
44.04, 44.05, 45.01, 45.02 and 45.05 to introduce exemptions from notice
and review for permit applications; Clarifies requirements for extractive
industry and private tennis courts in Clauses 52.09, 52.21 and 66.05;
introduces definition for Metropolitan Melbourne in Clause 72; introduces a
“Tramway” definition and deletes reference to “lightrail”; introduces a new
incorporated document, Activity Centres and Principal Public Transport

LIST OF AMENDMENTS TO THE VICTORIA PLANNING PROVISIONS PAGE 4 OF 9


Amendment In operation Brief description
number from
Network Plan, 2003 in Clause 81.

VC35 15 DEC 2005 Includes a reference to the Planning Guidelines for Land Based
Aquaculture in Victoria in Clause 17; makes Education centre a prohibited
use in green wedge areas; includes Emergency services facility as a Section
2 use in Clauses 35.06 and 35.07; makes Business identification signs
permissible for private land owners in Clause 45.07; removes the need to
consider operational guidelines in Clause 52.17; amends the re-subdivision
requirements in Clause 57.01-2; introduces an “Emergency services facility”
definition.

VC36 22 DEC 2005 Amends Clause 62 to provide exemption from planning scheme
requirements for events on public land.

VC37 19 JAN 2006 Amends the format of the Victoria Planning Provisions and all planning
schemes to facilitate the ZAPP electronic amendment administration
system.

VC38 16 MAR 2006 Makes changes to Clauses 15.09, 52.17, 66.02 and 72 to provide for a new
approach to native vegetation management.

VC40 30 AUG 2006 Makes changes to the Clauses 32.01, 32.02, 32.04, 32.05, 32.06, 34.01,
34.02, 34.03, 34.04, 34.05, 43.01, 44.02, 62, and 72 to exempt various
minor works from requiring a planning permit.

VC41 1 SEP 2006 Amends the metropolitan growth areas strategies in Clause 12 of the SPPF
by introducing the Growth Area Framework Plans as an incorporated
document.

VC42 9 OCT 2006 Introduces the Sustainable Neighbourhoods Provisions for residential
subdivision, including changes to Clauses 19, 55.03 and 56 to 56.09;
Introduces new transitional arrangements for subdivision at Clause 56.10;
modifies subdivision application requirements in the residential zones;
applies Clause 56 provisions as subdivision application requirements to the
Comprehensive Development Zone, Priority Development Zone,
Incorporated Plan Overlay and Development Plan Overlay; Amend the
coastal areas policies in Clause 15.08 to give effect to the land use and
development strategies of the Victorian Coastal Strategy 2002; Makes
changes to the VPP to provide for geothermal energy extraction in Clauses
35.06, 35.07, 35.08, 42.01, 42.02, 42.03, 44.01, 44.02, 52.08, 52.17, 62, 66,
74 and 75; Amends Clause 52.29 to introduce a decision guideline for road
network safety and efficiency regarding access to adjoining properties to
respond to the Road Management Act 2004; Introduces a new Particular
Provision - Clause 52.36 that includes the Director of Public Transport as a
referral authority; and Makes other administrative changes, updates and
corrections to the VPP.

VC39 18 OCT 2006 Amends the provisions relating to gaming in clauses 19.02, 52.28 and 72 to
implement Government policy and to accord with the Gambling Regulation
Act 2003.

VC43 31 OCT 2006 Introduces provisions for the further protection of green wedges in Clauses
35.04, 35.05 and 35.06; and clarifies the term ‘in conjunction with’ in Clause
64. Amends SPPF Clauses 12 and 16 to introduce state-wide affordable
housing policies and makes other administrative corrections to the VPP and
various planning schemes.

VC44 14 NOV 2006 Introduces additional exemptions in Clause 52.17 for the removal of native
vegetation near buildings used for Accommodation to manage risks to life
and property from wildfire.

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Amendment In operation Brief description
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VC30 14 MAY 2007 Introduces the Melbourne Airport Environs Overlay (MAEO); amends Clause
18 to update reference to the Australian Noise Exposure Forecast (ANEF)
and relevant reference documents; removes the referral requirements under
the Schedule to Clause 45.02 and provides in Clause 66.05 for notice of
permit applications to be given to the airport lessee of Melbourne airport.

VC45 17 SEP 2007 Amends Clauses 12, 15, 17, 19, 35.04, 35.05, 43.01, 52.09, 52.17, 52.18,
52.32 & 57 to give effect to the operation of the Aboriginal Heritage Act
2006; amends the schedule to Clause 61.01 to refer to Division 1A of Part 4
of the Act; deletes reference to ‘local provisions page header’ in Clause
61.03; updates reference to the Development Contribution Guidelines in
Clause 18.12; corrects reference to the Victorian Commission for Gambling
Regulation in Clause 52.28; includes the document relating to Rail
Infrastructure Projects in Clause 81.01 of the Ballarat, Greater Geelong and
Wyndham planning schemes; updates reference to the amended Mineral
Resources (Sustainable Development) Act 1990 in Clauses 17, 42.01,
42.02, 42.03, 44.01, 44.02, 52.08, 52.17 and 66.02; updates list of
reference documents relating to soil contamination under Clause 15.06;
amends the definition for Restricted retail premises in Clause 74; introduces
a new purpose in the Rural Activity Zone, which provides for a specific
purpose to be included in a schedule to the zone and amends the
schedules in the Mansfield & Bass Coast Planning Schemes to include new
purpose statements; amends Clause 52.04 (satellite dish) to include
reference to the R3Z; amends Clauses 17.07, 52.18 & 81.01 to reflect the
updated Timber Code; makes Veterinary centre a Section 2 use in the
Farming Zone; includes new provisions for electronic billboard signage to
Clause 52.05, including making VicRoads a referral authority under Clause
66.03 and a new definition in Clause 73; extending the expiry date for major
promotion signage from 18/09/07 to 18/09/08 under Clause 52.05; and
makes other administrative changes, other minor updates and corrections
to the VPP and planning schemes.

V6 6 DEC 2007 Deletes Clause 35.01 (Rural Zone) and Clause 35.02 (Environmental Rural
Zone) from the VPP.

VC46 4 FEB 2008 Introduces an exemption in Clauses 42.01, 42.02, 42.03, 44.01, 44.02 and
52.17 for the removal of native vegetation to construct strategic fuelbreaks of
up to 40 metres width for wildfire protection.

VC47 17 MAR 2008 Translates provisions from the Melbourne Docklands Area Planning
Provisions, September 2006 into Clause 37.05; amends Clause 43.04 to
allow for an exemption from notice, decision and review requirements to be
specified in the schedule to the overlay and applies the exemption to DPO
Schedule 1 to the Port Phillip Planning Scheme; introduces new purpose
statements and decision guidelines to Clause 52.27 to address cumulative
impact; and includes a permit exemption in Clause 62 for the collection,
sampling or testing of soil or water for the purpose of investigation.

VC48 10 JUN 2008 Introduces the Urban Growth Zone (UGZ) and accompanying schedule at
37.07 to the VPP and applies the UGZ to five planning schemes (Cardinia,
Casey, Hume, Melton & Wyndham); amends reference to Precinct Structure
Plans in Clauses 12 and 14 and amends Clause 66.03 to include a referral
requirement in the new UGZ.

VC49 15 SEP 2008 Exempts further ‘minor matters’ from requiring a planning permit to
streamline Victoria’s planning system and improve the workability of
provisions; refines referral requirements for Director of Public Transport,
Country Fire Authority and VicRoads; introduces new referral requirements

LIST OF AMENDMENTS TO THE VICTORIA PLANNING PROVISIONS PAGE 6 OF 9


Amendment In operation Brief description
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under the UGZ for the City of Greater Geelong; Clarifies the notice
provisions under the MAEO; introduces the Public Transport Guidelines for
Land Use and Development as a reference document; changes the
advertising sign provisions under Clause 52.05, including new decision
guidelines and application requirements; provides a final extension of time
to 31 December 2008 for lodgement of applications for existing Major
promotion signs allowed under the continuance provision in Clause 52.05-5;
changes the UGZ Part A advertising sign controls from Category 4 to
Category 3; introduces new exemptions under the Clause 52.17 native
vegetation provisions to improve their operation; introduces a new particular
provision for native vegetation precinct plans in Clause 52.16; and makes
other administrative changes, updates and corrections to the VPP.

VC50 15 DEC 2008 Introduces new provisions for residential aged care facilities in Clause 16,
the residential zones and in Clauses 74 and 75; makes certain minor
buildings and works associated with an Education centre exempt from the
requirement for a planning permit in Clause 62.02; makes corrections and
clarifications to the native vegetation provisions; specifies advertising sign
requirements for situations where the PUZ4 and RDZ abut each other;
introduces new dry stone wall provisions in Clause 52.37 together with
decision guidelines for post boxes and dry stone walls and inserts the
schedule to Clause 52.37 in all planning schemes and specifies a permit
requirement for dry stone walls in 12 planning schemes.

VC52 18 DEC 2008 Amends the coastal areas policies in Clause 15.08 of the SPPF to give
effect to the land use and development strategies of the Victorian Coastal
Strategy 2008.

VC53 23 FEB 2009 Introduces a new particular provision, Clause 52.38 - 2009 Bushfire
Recovery and amends Clause 62.02-1 to include a permit exemption for
buildings and works carried out by or on behalf of a municipality with an
estimated cost of $1,000,000 or less.

VC54 12 MAR 2009 Amends Clause 44.06-1 of the Wildfire Management Overlay to make
rebuilding a dwelling damaged or destroyed by the 2009 bushfires exempt
from the requirement for a permit if it is sited in the same location on the
land.

VC57 14 MAY 2009 Introduces a new particular provision, Clause 52.39 - 2009 Bushfire -
replacement buildings providing a permit exemption for specified uses and
buildings and works that were damaged or destroyed by bushfire in 2009.
Amends the schedule to Clause 53 of the Yarra Ranges Planning Scheme
to exempt buildings and works to which Clause 52.39 applies.

VC56 22 MAY 2009 Introduces a new particular provision, Clause 52.40 - Government Funded
Education Facilities, providing a permit exemption for specified government
funded buildings and works. Amends the Schedule to Clause 61.01 to
establish the Minister for Planning as the responsible authority for approving
matters to be done to the satisfaction under Clause 52.40. Amends the
schedule of Clause 53 or the Yarra Ranges Planning Scheme to clarify the
permit exemptions of Clause 52.40. Introduces a new particular provision,
Clause 52.41 - Government Funded Social Housing providing an exemption
from notice, decision and review rights for specified government funded
accommodation. Amends the schedule to Clause 61.01 to establish the
Minister for Planning as the responsible authority under Clause 52.41.
Corrects the general provisions, Clause 62.02-2 to clarify the permit
exemption applies to furniture and works normally associated with an
education centre.

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Amendment In operation Brief description
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VC61 10 SEP 2009 Introduces a new particular provision, Clause 52.43 - Interim measures for
bushfire protection, providing an exemption from planning scheme and
planning permit requirements for the removal, destruction of lopping of
vegetation for bushfire protection. Amends the schedule to Clause 53 of
the Yarra Ranges Planning Scheme to exempt the removal, destruction or
lopping of vegetation to which Clause 52.43 applies.

VC59 17 SEP 2009 Introduces the Activity Centre Zone into the Victoria Planning Provisions
and Manningham Planning Scheme for the Doncaster Hill Activity Centre.

VC60 21 SEP 2009 Amends Clause 15.14 to provide an overarching renewable energy
statement, Clause 74 and 75 to include a new land use term and group for
renewable energy facility, Clause 35.06 (RCZ), 35.07 (FZ) and 36.03
(PCRZ) to include a renewable energy facility as a permit required use.
Introduces a new particular provision Clause 52.42 – Renewable energy
facility. Amends Clause 15 and 81 to update the Policy and Planning
Guidelines for Development of Wind Energy Facilities in Victoria to the 2009
guidelines. Amends Clause 52.32 Wind Energy Facility and the reference to
wind energy facilities in the schedule to Clause 61.01 to be consistent with
the new guidelines. Amends the definition of anemometers in Clause 72 and
Wind Energy Facility in Clause 74. Amends Clause 62.02 to make the
installation of solar energy systems exempt from a permit. Amends Clause
12.05 to include a new maritime precinct policy, including two new reference
documents. Amends Clause 15, 44.03 (FO) and 44.04 (LSIO) to include
reference, purposes and decision guidelines regarding river health strategies
and regional wetland plans. Amends Clause 16, 17 and 81.01 to include
reference to the new Victorian Code for Broiler Farms 2009, amends Clause
52.31, 66.05 and 74 to reference the new code and introduce new notice
requirements and update the definition for broiler farms. Amends Clause
52.17 (Native vegetation) regarding existing buildings and works in the
Farming Zone and Rural Activity Zone to clarify that the extent of permit
exemptions. Amends Clause 64 to allow a permit application to be made for
the subdivision of land in more than one zone. Amends the permit
exemptions in Clause 62.02-2 to include cat cages and other domestic
animal enclosures. Amendment VC60 Introduces a number of administrative
changes amending: 52.13, 56.06, 66.03, 66.02-9, 37.07, 43.04, 52.19, 34.01
to correct wording discrepancies, clarify the provisions or remove
unnecessary requirements.

VC58 1 OCT 2009 Amends Clause 56.05-2 Residential subdivision, Public open space to
include reference to the Precinct Structure Plan Guidelines and amends the
objectives and standards of Clause 56.05-2. The amendment includes new
and amended public open space objectives, distribution and standards, for
active open space, local parks, open space links and linear parks.

VC64 23 DEC 2009 Amends Clause 52.27 – Licensed Premises to remove the requirement for a
permit where the change in a liquor licence is solely as a result of the
changes to the licence categories to be introduced on 1 January 2010.

VC65 22 JAN 2010 Amends Clause 52.43 – Interim Measures for Bushfire Protection to clarify
that the permit exemptions for vegetation removal apply to existing and not
proposed buildings. The amended provision further clarifies that an existing
building specifically refers to an existing building constructed before the
operation of Clause 52.43 (10 September 2009) or is an existing building
constructed after that date, but approved by a planning permit or building
permit before the operation of Clause 52.43.

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Amendment In operation Brief description
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VC70 14 MAY 2010 Amends Clause 52.38 to: reinstate planning scheme exemptions for bushfire
recovery until 31 March 2011; extend the time by which uses must be
bought into compliance with the planning scheme until 31 March 2012; and
to clarify its purpose and operation.

VC62 18 JUN 2010 Amends clause 52.17 to exempt the Department of Sustainability and
Environment and Parks Victoria from requiring a permit to remove
vegetation on a public road; clarifies the status of the Secretary to the
Department of Sustainability and Environment in various overlays and
Clauses 52.16, 52.18 and 66.02; removes a permit requirement relating to
greenhouse gas sequestration in most zones, various overlays and Clauses
52.08, 52.16, 52.17 and 62.02-2; amends Clause 66.02-2 to include the
Secretary administering the Greenhouse Gas Geological Sequestration Act
2008 as a referral authority; amends Clause 12 and 18 to incorporate the
Victorian Cycling Strategy 2009; makes an Emergency Services Facility a
Section 2 use in Clause 36.03; amends Clause 44.01 and the schedules to
Clause 44.01 in the Mornington Peninsula Planning Scheme to change
certain standard exemptions for buildings and works; makes minor changes
to Clause 56.06, 64.03 and 74.

LIST OF AMENDMENTS TO THE VICTORIA PLANNING PROVISIONS PAGE 9 OF 9

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