1. Planning and Bushfire – An Application Overview
Presented By: Michael Boatman

2. Building, Planning and Bushfire
An Introduction to Bushfire in the Victorian Landscape
Bushfire has been part of the Australian landscape for millions of years.
Many of our plants and animals have evolved to survive fire events and some of our flora and fauna depend upon it.
South-eastern Australia includes areas which are prone to the most severe and frequent bushfires in the world.
Bushfires can occur across the regional, semi urban and urban fringe areas of the State
Research done by CSIRO shows that by 2020 we expect to see a greater number of extreme fire weather days, longer fire seasons and a greater potential for multiple fire events like those seen in the Victorian fires. We don't yet know how these changes will impact fire behaviour.
(CSIRO)

3. High Risk Environments

4. Significant Fire Losses

5. Building and Planning Frameworks
In Victoria both the planning and building systems respond to bushfires:
Building system
Construction of buildings
Using AS Construction of buildings in bushfire-prone areas
Planning system
Multi layered approach
Using the Victorian Planning Provisions (Planning Scheme)
Strategic planning , subdivision and development approvals
Construction of buildings and additional bushfire protection measures such as siting, defendable space, access, water supply

6. Building System Bushfire Prone Areas (BPA)
AS is considered ‘deemed to satisfy’ NCC/BCA performance requirements.
Construction focus
BAL 12.5 is the lowest construction standard allowed
No specific vegetation management requirements
No CFA referral required
BPA update regularly
A Bushfire Prone Area Report can be obtained from Land Channel. Construction in the BPA must be in accordance with the relevant performance requirements of the NCC/BCA. RBS must accept the site assessment done at planning stage for the purpose of determining the BAL.

7. Planning System VPP’s SPPF (Clause 13.05) LPPF (Vary by Council)
BMO (Clause 44.06)
Planning for Bushfire (Clause 52.47)
Victorian Planning Provisions
State Planning Policy Framework
Local Planning Policy Framework
Zoning, Overlays, Particular provisions

8. Planning System Cont. Bushfire Protection Exemptions (Clause 52.48)
Planning Practice Note 65 – Preparing and Assessing and Application Under the Bushfire Provisions in Planning Schemes
Advisory Note 46 BMO Mapping Methodology and Criteria
Other controls could also contain bushfire considerations i.e. Native Vegetation, ESO, SLO or VPO
BMO Mapping and schedules currently being updated. DELWP Planning Systems meeting with Councils to discuss.
CFA would like to see about 40 Councils areas with BMO schedules. CFA is working with the Department on this.

9. State Planning Policy Overarching strategies:
Prioritise the protection of human life over other policy considerations in planning and decision-making in areas at risk from bushfire.
Where appropriate, apply the precautionary principle to planning and decision-making when assessing the risk to life, property and community infrastructure from bushfire.
Only permit new development when:
Risk to human life, property and infrastructure can be reduced to an acceptable level.
Bushfire protection measures can be readily implemented.
The risk to existing residents, property & infrastructure from bushfire is not increased.

10. Bushfire Management Overlay (Cl 44.06)
The BMO typically covers areas where there is a higher risk of bushfire than the BPA. Advisory Note 46 sets out requirements for mapping the BMO.
The BMO triggers when a permit is / is not required.
The BMO makes a clear link to Clause
Mandatory Conditions are contained within the overlay.
Notice requirements are turned off under the BMO.
CFA is likely to be referred an application in the BMO.
Typically a permit for buildings and works is required when associated with these uses:
Accommodation (including a Dependent person’s unit)
Child care centre
Education centre
Hospital
Industry
Leisure and Recreation
Office
Place of assembly
Retail premises
Timber production

11. Black Saturday – Vectis Remlaw Road Fire
~2,200 Ha starting from electrical fault

12. Grampians – Northern Complex Fires
Fire of 29 January 2014 – 54,500 Ha. Lightning Strike. Lost 14 Houses.

13. BMO Mapping - Today

14. BMO Mapping - Proposed

15. Schedules to the BMO Council initiated
Locally specific and differ state wide
Requirements may vary
May include substitute approved measures.
Referral requirements turned on or off
Mostly residential development
Examples: Mornington, Casey and Baw Baw.

16. Planning for Bushfire – Clause 52.47
This clause contains all the requirements associated with bushfire protection measures that should be achieved in your application .
There are three specific assessment pathways associated with this clause:
Clause – Zone requirements must be met, one dwelling maximum and all approved measures have been achieved.
Clause – Applies to any development application that does meet the criteria for Clause
Clause – Additional requirements for subdivision applications.

17. Application Requirements
Bushfire Hazard Site Assessment
Bushfire Hazard Landscape Assessment
Bushfire Management Statement
Council may waive, vary or reduce the application requirements.
Bushfire Hazard Landscape assessment not required for Pathway 1

18. Subdivision Requirements

19. Outbuildings No permit is required if you meet the following:
A building or works ancillary to a dwelling
The combined floor area of all buildings ancillary to the dwelling does not exceed 150 square metres.
The building or works are located more than 10 metres from any existing building used for Accommodation.

20. BMS’s and Unspecified Alternative Measures
CFA will accept a simple BMS for an outbuilding. This approach must be approved by Council.
A template is available from CFA website – three UnspAltM options are available.

21. Outbuilding Unspecified Alternative Measures - CFA
Category A
Buildings or works:
With a gross floor area less than 100 m2
are ancillary to an existing dwelling or existing dependant persons unit and
non-habitable
No CFA Requirements
Category B
with a gross floor area greater than 100 m2
are ancillary to an existing dwelling or existing dependant persons unit
are located more than 10 metres from any existing building used for accommodation and
Requires 10m of defendable space or to the property boundary (a simplified vegetation management cond applies)

22. Category C
Buildings or works:
have a gross floor area greater than 100 m2
are ancillary to an existing dwelling or existing dependant persons unit
are located less than 10 m from any existing building used for accommodation and
the proposed buildings or works are non-habitable
Requires 10m of defendable space or to the property boundary (a simplified vegetation management cond applies)
Outbuilding to be separated from the adjacent building by a fire rated wall that meets requirements
Static water supply for personal bushfire fighting purposes is recommended
Any BAL construction would be processed through normal BMS/Application system.

23. Bushfire Conditions Explained
Defendable Space
Construction
Water
Access