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A planning permit is required to subdivide land in a BMO.

Increasing the number of people in areas at risk of bushfire needs careful consideration.

Subdivision design is an important way to enhance a future community’s resilience to bushfire and to ensure that new lots provide appropriate bushfire protection.

Speak to your local council if your subdivision proposal involves land use zoning change, as other requirements may apply.

Planning permit application

An application for the subdivision of land should demonstrate that the proposal responds to bushfire and applies bushfire protection measures to reduce risk.

What do I need to consider?

Your subdivision application needs to address:

1. The bushfire hazard

An application must address the bushfire hazard in the surrounding landscape, and on and near the site. This will help determine if it is appropriate to develop in an area. It will also show if and how risk can be reduced through a design response that includes appropriate bushfire protection measures.

This is done through a bushfire hazard site assessment and bushfire hazard landscape assessment.

For information on how to prepare the bushfire hazard assessments refer to the:

2. Bushfire protection objectives and measures

Your application should address all relevant objectives in the planning scheme including:

Your application will need to demonstrate that the proposed development meets the State planning bushfire policy at clause 13.02-1S.

Key objectives and strategies are:

  • prioritise the protection of human life
  • identify and assess the bushfire hazard
  • as appropriate, locate and design development to respond to identified risk.

The BMO specifies objectives and corresponding design measures in clause 44.06.

The BMO requires a subdivision to:

  • meet the requirements in clause 53.02 
  • implement a mandatory permit condition for a subdivision that creates a lot for a single dwelling on land zoned for residential or rural residential purposes, which exempts the construction of a single dwelling from a permit under the BMO if the bushfire protection measures determined at subdivision are met.
  • be referred to the relevant fire authority - see clause 66.03

More information:

Note: a schedule to the BMO, or other control, may include different permit exemptions, additional or substitute bushfire protection measures, decision guidelines, referral exemptions and permit conditions.

Clause 53.02 Bushfire Planning works alongside the BMO. It sets out the bushfire protection objectives and design measures that an application must meet including:

  • building siting, design, setback and bushfire attack level (BAL)
  • defendable space vegetation management requirements
  • on-site static water supply
  • vehicle access
  • perimeter road (10 or more lots)
  • managed bushfire risk from existing and future vegetation
  • a no fuel or low fuel bushfire hazard interface
  • a staged subdivision manages interim bushfire hazards.

If a BMO schedule applies, it may specify other or additional measures.

More information:

What information do I need to provide?

A planning application must include:

  • bushfire hazard landscape assessment (refer to the Bushfire Hazard Assessments - Guideline)
  • bushfire hazard site assessment (refer to the Bushfire Hazard Assessments - Guideline)
  • bushfire management statement
  • bushfire management plan

Help from a suitably qualified bushfire professional may be necessary, particularly for more complex applications. You could contact Fire Protection Association Australia for a list of trained professionals. (note: this is not a comprehensive list)

How will the council assess the application?

Your local council will assess your application based on the requirements and decision guidelines in the bushfire planning provisions, including whether:

  • all required documentation has been provided
  • the proposed development meets the objectives of:
    • clause 13.02-1S (state bushfire planning policy)
    • the BMO
    • clause 53.02
  • risk has been considered and can be mitigated or warrants the development not proceeding
  • the proposed protection measures can be implemented and maintained alongside the ongoing use of the land
  • any other requirements in the planning scheme are met.

Page last updated: 05/05/26