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Amendment VC248 to all planning schemes was gazetted to update the bushfire provisions. This amendment will provide clearer information and stronger decision-making that prioritises human life.

These small but reasonable updates make our existing bushfire controls easier for landowners, councils and other decision makers to use. They do this by using clearer language, improving the structure, and strengthening decision making that prioritises human life.

Our updates are based on feedback we’ve received from councils, communities and experts in bushfire-prone areas across Victoria. Find out more about what we heard:

Updated provisions

The updated bushfire planning provisions include clauses:

  • 13.02-1S Bushfire planning
  • 44.06 Bushfire Management Overlay
  • 53.02 Bushfire Planning
  • 73.01 General Terms.

Consequential changes have been made to clause 66.03 Referral of permit applications under other state standard provisions and some local planning scheme overlay schedules. Changes to local schedules include aligning cross-references and terminology with Clause 53.02.

Settlement growth, land use and development policy

The elements of a low-risk location have been made clearer and described to include landscape risk, radiant heat exposure (≤12.5kw/sqm for strategic planning) and access to safer area and risk mitigation.

Reference to BAL 12.5 has been replaced with a radiant heat measurement of 12.5kw/sqm to clarify the focus on setbacks from the bushfire hazard rather than specifying a maximum building standard and to make terminology consistent (12.5kw/sqm usually equates to Column A, Table 1 at clause 53.02-5 Bushfire Planning).

Bushfire prone area

Changes to the bushfire prone area include:

  • replacing Clause 13.02-1S Bushfire planning ‘Use and development control in a Bushfire Prone Area’ with Clause 53.02-6 Bushfire prone area decision guideline for planning applications associated with accommodation, education centre, hospital, indoor recreation facility, major sports and recreation facility or place of assembly
  • applying Clause 53.02-6 to an application in a bushfire prone area that is not in a Bushfire Management Overlay
  • retaining the former Clause 13.02-1S Bushfire Planning ‘Use and development control in a Bushfire Prone Area’ strategies for planning applications for a use or development that will result in people congregating in large numbers as this is not a defined land use term
  • removing the subdivision lot yield threshold to consider bushfire
  • providing decision guidelines for general bushfire considerations, proposed vegetation, dwellings and small second dwellings, vulnerable people and subdivision. Note that Precinct Structure Plans incorporated into planning schemes are likely to meet the guidelines.

There are no permit requirements for applications in the bushfire prone area. The bushfire prone area decision guideline applies when a permit is required by another planning provision.

The decision guideline applies to Clause 54 (One dwelling on a lot or a small second dwelling on a lot) or Clause 55 (Two or more dwellings on a lot and residential buildings) proposal unless the application is VicSmart.

Bushfire Management Overlay

Changes to the BMO include:

  • introducing a permit exemption for works associated with an existing dwelling or small second dwelling if not associated with a building or an accessway
  • modifying the exemptions for alterations and extensions to clarify alterations are exempt based on the per cent of increase to the gross floor area
  • introducing a bushfire management plan as an application requirement to reflect existing practice.

Clause 53.02 was updated to:

  • provide a new one-stop-shop table to set out application pathways
  • differentiate a development setback from vegetation management
  • describe the pathway for non-habitable outbuildings ancillary to a dwelling
  • clarify the bushfire attack level required for more complex landscapes at clause 53.02-4
  • strengthen the approaches for vulnerable people
  • update water supply requirements
  • combine the three defendable space and construction tables
  • specify measures for warehouses
  • provide new subdivision measures to manage hazard interfaces
  • provide new decision guidelines for clause 53.02-4 applications in a BMO relating to broader landscape risk, biodiversity, bushfire protection measures, vegetation, vulnerable people and staged subdivision.

Definitions

Definitions for bushfire, bushfire prone area and bushfire prone area map have been included at Clause 73.01 General Terms.

The definition for bushfire clarifies that the term includes grassfire.

The bushfire prone area and bushfire prone area map definitions are aligned with the Building Act 1993.

The following guidance material is available:

This document replaces the Technical Guide Planning Permit Applications Bushfire Management Overlay.

New guidance Bushfire Hazard Assessments.

This existing guidelines for settlement planning at the bushfire interface is now a policy document at clause -13.02-1S Bushfire planning.

Page last updated: 05/05/26