The Bushfire Protection Exemptions at clause 52.12 of the Planning Scheme were amended on the 5 August 2020 via Planning Scheme Amendment VC176.
The exemptions ‘turn off’ certain planning requirements, including those relating to vegetation removal to support the protection of human life and property from bushfire.
The exemptions now only operate in the designated bushfire prone area (BPA) and Bushfire Management Overlay (BMO).
Key changes include:
The introduction of a purpose for the exemptions.
The ‘10/30 rule’ for vegetation removal now only applies in the designated BPA. The ‘10/50 rule’ continues to apply within the BMO.
Clarification of the exemption to clear vegetation along fence lines.
Minor updates to the building and works exemption for community fire refuges.
Clarification of the vegetation clearance exemption for dwellings in the BMO. A note has been introduced which clarifies permit application requirements for dwellings that can meet the various tests in the exemption.
The exemptions need to be read carefully. The applicability of the exemptions depends on many factors including: underlying planning controls, date of permit issue, extent of clearance and when the building or fence was constructed.
Terralogic can provide advice on the interpretation of these exemptions.
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