Understanding the Latest BMO Exemptions in Victorian Planning Scheme Clause 44.06-2 (Effective 14/12/2023, VC253)

In the latest update to the Victorian Planning Scheme, Clause 44.06-2 has been amended, introducing specific exemptions to streamline the planning process under the Bushfire Management Overlay (BMO). Effective from December 14, 2023, amendment VC253 outlines several scenarios where certain requirements of the BMO do not apply. This article explains these exemptions, making it easier for landowners, developers, and planners to understand when a planning permit is not required.

Key Exemptions in Clause 44.06-2

1. Specified in Schedule to Overlay:
   • Exemption: If a schedule to the BMO overlay specifically states that a permit is not required.
   • Explanation: The BMO can have schedules that outline additional or specific conditions. If such a schedule explicitly mentions that a planning permit is unnecessary for certain activities or developments, those activities are exempt from requiring a permit. This provides clarity and flexibility, allowing certain low-risk developments to proceed without additional bureaucratic steps.
   • Outcome: Surf Coast BAL Reports can assist in preparing a streamlined  Bushfire Management Plan (BMP) based on the BMO Schedule 1 or schedule 2. This saves clients and designers a lot of the normal time and expense associated with a planning permit application under the BMO. 
2. Consistent with Section 173 Agreement:
   • Exemption: A building or works consistent with an agreement under Section 173 of the Planning and Environment Act 1987, prepared according to a condition of a permit issued under Clause 44.06-5.
   • Explanation: Section 173 agreements are legally binding contracts between a landowner and the planning authority, outlining specific conditions or restrictions on land use. If a development complies with such an agreement, particularly one issued under the requirements of Clause 44.06-5, it is exempt from needing a further permit under Clause 44.06-2. This ensures that once an agreement is in place, complying developments can proceed without additional permits, streamlining the process.
3. Small Alterations or Extensions to Dwellings:
   • Exemption: An alteration or extension to an existing dwelling or a small second dwelling that is less than 50 percent of the gross floor area of the existing building.
   • Explanation: Homeowners making minor changes to their dwellings, such as extensions that do not exceed 50% of the original building’s floor area, do not require a new planning permit. This exemption encourages small-scale home improvements and expansions without the need for extensive regulatory approvals.
   • Outcome: Even though these works may be exempt from a planning permit, they will still require a building permit. Surf Coast BAL Reports can assist with a BAL site assessment to determine the appropriate BAL rating required by your Building Surveyor and / or local council when applying for a building permit. This saves clients and designers a lot of the normal time and expense associated with a planning permit application under the BMO. 
4. Minor Alterations to Non-Dwelling Buildings:
   • Exemption: 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.
   • Explanation: For non-residential buildings, minor alterations or extensions that constitute less than 10% of the original building’s floor area are exempt from requiring a permit. This provision facilitates small-scale modifications and enhancements to commercial or industrial properties without unnecessary delays.
   • Outcome: Even though these works may be exempt from a planning permit, they will still require a building permit. Surf Coast BAL Reports can assist with a BAL site assessment to determine the appropriate BAL rating required by your Building Surveyor and / or local council when applying for a building permit. This saves clients and designers a lot of the normal time and expense associated with a planning permit application under the BMO. 
5. Small Ancillary Buildings or Works:
   • Exemption: A building or works with a floor area of less than 100 square meters not used for accommodation and ancillary to a dwelling.
   • Explanation: Small ancillary structures, such as sheds, garages, or workshops, that are less than 100 square meters in size and not used for living purposes, are exempt. This allows property owners to construct necessary outbuildings quickly and efficiently.
   • Outcome: Even though these works may be exempt from a planning permit, they may still require a building permit. There are certain requirements regarding the separation distance between the subject building / dwelling and the outbuilding. If your outbuilding is less than 6m from your dwelling then Surf Coast BAL Reports can assist with a BAL site assessment to determine the appropriate BAL rating required by your Building Surveyor and / or local council when applying for a building permit. This saves clients and designers a lot of the normal time and expense associated with a planning permit application under the BMO. 
6. Timber Production Buildings or Works:
   • Exemption: Buildings or works associated with timber production, provided they are not within 150 meters of accommodation or land zoned for residential or rural residential purposes.
   • Explanation: Timber production facilities are essential for the industry and often located in rural areas. This exemption facilitates the construction of timber production-related buildings, provided they maintain a safe distance from residential areas (150 meters), ensuring they do not pose a risk to nearby homes.

Why These Exemptions Matter

The introduction of these exemptions under Clause 44.06-2 represents a thoughtful approach to bushfire management. By exempting lower-risk activities from stringent planning requirements, the updated clause aims to reduce administrative burdens while ensuring that critical safety measures remain in place. These changes reflect an understanding of the practical needs of landowners and the importance of facilitating efficient and safe development practices.

For those involved in planning and development, staying informed about these exemptions is crucial. They provide clarity and help avoid unnecessary delays, ultimately supporting more resilient and well-managed communities.

For more detailed information and specific criteria, it is advisable to refer directly to Clause 44.06-2 of the Victorian Planning Scheme or contact Surf Coast BAL Reports to find out more.