The planning system has been updated to support recovery and rebuilding after bushfire. There are two key changes to the planning scheme:
Clause 52.07 – Temporary accommodation exemptions
Clause 52.10 – Streamlined approvals process for rebuilding
Exemptions for temporary accommodation
Clause 52.07 allows people to construct temporary accommodation on their land without a planning permit, if they have been affected by a bushfire. A number of requirements must be met in order to access the exemption, including:
The dwelling was destroyed or damaged by a bushfire and was a principal place of residence (e.g. not a holiday home).
The temporary accommodation must be constructed within 18 months of the original home being destroyed.
People can only live in the temporary accommodation for 3 years. After that time, the accommodation must meet the normal planning scheme requirements.
The temporary accommodation must:
- be constructed in an area clear of vegetation
- have a gross floor area less than 60 square metres
- have all weather road access
- have appropriate wastewater treatment
- have appropriate electricity and water supply.
The Council (or floodplain manager) will need to approve the siting of the temporary accommodation if the land is affected by any of the following overlays:
Bushfire Management Overlay
Erosion Management Overlay
Heritage Overlay
Floodway Overlay, Land Subject to Inundation or Special Building Overlay.
If you think you are eligible you need to provide your Council with the following:
Description of the intended temporary use.
Description of the proposed temporary building.
The location of the temporary accommodation (e.g. address, plan, certificate of title).
Streamlined approval process
Clause 52.10 has been introduced to streamline and simplify some parts of the planning process for people rebuilding their home after a bushfire. The key features of the process, include:
Permit exemptions to use land for a dwelling.
Exemptions from the normal notice and third party appeal rights at VCAT for use and development proposals (other than subdivision).
The normal permit requirements to use land as a dwelling will not apply if certain requirements are met, including:
The dwelling on the land must have been damaged or destroyed by fire after 1 January 2019.
The use must commence 5 years after the dwelling was destroyed.
The dwelling must not be temporary accommodation (allowed under clause 52.07)
The dwelling must have:
- all weather road access
- appropriate wastewater treatment
- appropriate electricity and water supply.
Note that the normal permit requirements for development and vegetation removal will continue to apply.
Need further advice?
Terralogic can provide advice regarding these provisions, including how they interact with other requirements such as native vegetation permit triggers or restrictions on title.
Additional information is available at: https://www.planning.vic.gov.au/policy-and-strategy/bushfire-protection/rebuilding-and-recovery
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