In July 2018, amendment VC148 introduced Clause 45.12 – Specific Controls Overlay to gradually replace Clause 51.01 – Specific Sites and Exclusions.

The new Specific Controls Overlay (SCO) has the same function as Clause 51.01, which enables specific controls to override other requirements of the planning scheme.

The land affected by the incorporated documents currently contained at the schedule to Clause 51.01 is being mapped for transfer to the SCO. Mapping the land will improve the transparency and operation of the Victoria Planning Provisions (VPP) by creating greater certainty on where planning rules apply.

Until the incorporated documents are transferred to the SCO, the existing incorporated documents specified in the schedule to Clause 51.01 continue to apply.

Frequently asked questions

What is the purpose of the SCO mapping project?

The intent of the project is to improve the transparency and operation of site-specific controls and to assist councils with commencing the process to map land affected by site-specific controls in their planning schemes.

How is the new Specific Controls Overlay (SCO) different to Clause 51.01 – Specific Sites and Exclusions?

The SCO operates in the same way as Clause 51.01, which allows specific controls to be applied to particular land and permits the exclusion of other planning scheme requirements. However, the SCO is more transparent than Clause 51.01 because the site-specific controls will be identified on planning scheme maps and planning certificates. This improves the clarity and format of planning schemes and enables planning rules to be more easily and quickly identified.

Have councils been consulted as part of this project?

Yes. Where the land affected by the incorporated document could be spatially identified, Smart Planning has prepared the map accordingly and requested that councils review the completed maps for accuracy before proceeding with an amendment. Where the incorporated documents could not be located, or the mapping was particularly complex, Smart Planning requested further information and confirmation from councils.

State agencies are being asked to confirm the status of the incorporated documents that relate to state projects and which may affect more than one planning scheme. DELWP will finalise the mapping of state agency incorporated documents on behalf of councils where the GIS shapefile can be supplied that corresponds to the correct description of land in the incorporated document.

Will all the incorporated documents listed at Clause 51.01 be transferred to the SCO?

Only the maps that have been confirmed by Council or state agencies will be transferred to Clause 45.12. The incorporated documents that have expired and had their expiry status confirmed by Council will be removed from the relevant planning scheme.

The incorporated documents that could not be mapped will need to be finalised by councils as part of a future planning scheme amendment, potentially as part of their planning scheme review.

What is the amendment process for introducing the new maps into planning schemes?

This first tranche of amendments to planning schemes will proceed under section 20(A) of the Planning and Environment Act 1987.

The amendments are a prescribed class of amendment listed in regulation 8 of the Planning and Environment Regulations 2015. The appropriate amendment class is:

regulation 8(1)(c): an amendment to clarify or improve the style, format, language or grammatical form of a clause in the Victoria Planning Provisions or a planning scheme, if the intended effect of that clause or any other clause in the Victoria Planning Provisions or a planning scheme is not changed by that amendment.

Page last updated: 14/07/21