· New Bushfire Management Overlay to replace Wildfire Management Overlay

· New site assessment process for determining BAL for planning permits

· Vegetation clearance exemptions, 10:30 and 10:50 rules apply in some areas

· New Objectives, Standards and Mandatory Standards in Bushfire areas

On 18 November, the Wildfire Management Overlay was removed and replaced with a new Bushfire Management Overlay.

These areas are shown on a planning map as a Bushfire Management Overlay, or Wildfire Management Overlay.

To find out if your property or a project is affected by the new Bushfire Management Overlay (BMO), go to the Planning Maps Online or talk to your local council.

For Planning Maps Online, go to http://services.land.vic.gov.au/maps/pmo.jsp

You can search by property address and then click ‘Get Report’ to check what zones and overlays, including the BMO, apply to a piece of land.

In the BMO areas a planning permit is required for subdivision or to construct a dwelling or extend a dwelling if the extension is more than 50 per cent of the existing floor area. Permit applications are referred to the CFA for conditions and whether it consents or objects to a permit being granted.

Transition provisions for existing projects

A planning permit application lodged before 18 November 2011 can continue to be assessed under the Wildfire Management Overlay provisions. This means a new planning permit application will not be required.

The Council and CFA may allow applicants who lodged before 18 November to be considered under the new BMO provisions. The new BMO does not apply to any development for which a planning permit was issued under the requirements of Clause 44.06 Wildfire Management Overlay in force immediately before 18 November 2011.

New planning requirements in these areas

· New standards for siting a house to achieve better bushfire resilience, other standards include water supply, access, construction and vegetation management.

· Replacing the Wildfire Management Overlay with a Bushfire Management Overlay

· In BMOs, a 10/50 rule applies to the removal of vegetation as long as a dwelling was:

· constructed before 10 September 2009 or lawfully erected before 18 November 2011; or

· approved by a permit issued under this scheme before 10 September 2009 and erected before 18 November 2011; or

· approved by a building permit issued under the Building Act 1993 before 10 September 2009 and erected before 18 November 2011.

(the 10/30 rule and 4 metre boundary fence rule continue but not in 21 Metro Municipalities – see Clause 52.48 of all planning schemes)

· A new approach to undertaking bushfire site assessments to determine setback requirements from vegetation and construction requirements under AS3959 (the Australian Standard for construction in bushfire prone areas). The use of defendable space requirements (vegetation setbacks) as contained in a new clause 52.47 of all planning schemes rather than Table 2.4.2 contained in AS3959-2009.

· Ensuring all newly created lots in bushfire areas are capable of being built upon.

As per the building regulation change on 8 September 2011. The Relevant Building Surveyor must accept the BAL rating obtained in the Planning permit assessment for the purposes of determining construction requirements of a Building Permit.

In the future, local governments will have the ability to place a BAL rating for an area as a schedule to the BMO. The Relevant Building Surveyor will also be required to accept this BAL for the building permit.

For further information contact your local council or you can visit

http://www.dpcd.vic.gov.au/planning/plansandpolicies/bushfire-planning-and-building

or call Information Victoria on 1300 366 356.