In this article we will discuss the planning requirements of the Bushfire Management Overlay (BMO) for building projects in Victoria, and more specifically, the circumstances in which a building project may be exempt from the regular BMO planning requirements.
When should I start thinking about the Bushfire Management Overlay?
The simple answer is, as early as possible! If your property is in a bushfire prone area and falls under the Bushfire Management Overlay (BMO) you may need to satisfy planning requirements before proceeding to the building permit stage for any building project. Depending on where your property is located you may need to satisfy some, or all, of the following BMO requirements:
- Bushfire hazard landscape assessment
- Bushfire hazard site assessment
- Calculation of Bushfire Attack Level ( BAL ) rating and defendable space
- Bushfire Management Plan ( BMP ) including standard permit conditions
- Bushfire Management Statement ( BMS ) including responses to the applicable clauses within the appropriate sections of the Victorian planning scheme
- Site map identifying at-risk classified vegetation, water supply and vehicle access conditions
If your property needs to meet all of the above requirements, then you may expect the assessment costs to add up to several thousand dollars. However, there are circumstances in which only some of the above requirements are necessary and other circumstances where only a bushfire management plan is required. There are even some circumstances where your building project may be exempt altogether from the BMO planning requirements, in which case you may proceed to applying for a building permit, where only a BAL report is required. We will explore these circumstances below.
Bushfire Planning requirements versus Bushfire Building Permit requirements.
If your property Falls under the BMO you are best to speak to a planning officer at your local council. The planning officer will ask questions about your building project to determine if planning requirements need to be met during the planning phase and planning permit application, or whether any exemptions may apply. Once you have established whether or not you need to meet bushfire planning requirements as part of your planning application you may then benefit from the services of a BMO or BAL rating assessor, such as those at Surf Coast BAL Reports. If your local council planning officer informs you that you are exempt from planning requirements then you will still require a BAL Rating in order to apply for a building permit. Most building projects in a Bushfire Prone Area will require a BAL Assessment and calculation of a BAL Rating, at the very least, in order to determine the Bushfire Attack Level construction requirements.
How do I know if my property needs to meet all, as opposed to just some, of the planning requirements listed above?
Your local council planning officer may indicate which requirements need to be met for your project, or they may simply suggest you should engage the services of a reputable business such as Surf Coast BAL Reports. We can help you make sense of your obligations, such as Clause 53.02-3, which applies to an application to construct a single dwelling or construct or carry out works associated with a single dwelling if all of the following requirements are met:
- The land is zoned Neighbourhood Residential Zone, General Residential Zone, Residential Growth Zone, Urban Growth Zone, Low Density Residential Zone, Township Zone or Rural Living Zone.
- There is only one dwelling on the lot.
- The application meets all of the approved measures contained in Clause 53.02-3.
If your property meets the requirements listed above you will still need to submit a Bushfire Management Statement but you will not require some steps, such as a Bushfire Landscape Hazard Assessment. This can reduce the costs associated with the assessment.
When is a building project located in the BMO exempt from bushfire planning requirements?
If you building project meets any of the following conditions, your local council planning officer may exempt you from the Bushfire planning requirements under the BMO:
- If a schedule to this overlay specifically states that a permit is not required.
- A building or works consistent with an agreement under Section 173 of the Act prepared in accordance with a condition of permit issued under the requirements of Clause 44.06-5.
- An alteration or extension to an existing building used for a dwelling or a small second dwelling that is less than 50 percent of the gross floor area of the existing building.
- An alteration or extension to an existing building (excluding a dwelling and a small second dwelling) that is less than 10 percent of the gross floor area of the existing building.
- A building or works with a floor area of less than 100 square metres not used for accommodation and ancillary to a dwelling.
- A building or works associated with Timber production provided the buildings or works are not within 150 metres of Accommodation or land zoned for residential or rural residential purposes.
It is worth noting that you may still need to apply for a planning permit in order to satisfy non-bushfire related overlays such as an Environmental Significance Overlay (ESO) or Design and Development Overlay (DDO). It is always worth discussing your building project with your local council planning department early on to establish what planning requirements may need to be met.
What if my property is located in a Schedule 1 or Schedule 2 to the BMO
These areas have been assessed at a neighbourhood scale to comply with a predetermined BAL Rating, provided a Bushfire Management Plan can demonstrate that all of the mandatory requirements will be satisfied. Call us to learn more about Bushfire Management Plans in BMO Schedule 1 or 2 areas.
What if I am exempt from bushfire planning requirements and there are no other overlays or planning requirements for my property?
In this case you will most likely not need to submit a planning permit application and you may proceed directly to applying for a building permit. It is still best to have this discussion with a planning officer at your local council to confirm whether or not your project is subject to any planning requirements. Because your property is located in a Bushfire Prone Area your Building Surveyor will likely still require a BAL assessment and BAL Rating to be submitted with your building permit application.
Contact the team at Surf Coast BAL Reports for more information and to find out how we can help with your Bushfire Planning or BAL Report requirements. We service Greater Geelong, Surf Coast, Bellarine Peninsula and most regions throughout Western Victoria.