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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.

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‚ 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.

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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:

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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.

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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:

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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.

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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.

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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.

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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.

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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.

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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.

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‚ 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.

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‚ 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.

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‚ 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


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


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


33.01 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


34.01 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


35.03 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


36.01 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


37.03 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


37.07 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


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


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


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


52.16 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


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


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


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


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


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

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