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Amendment VC176 - Changes to Clause 52.12 Bushfire Protection Exemptions

The Victorian State Government on 5th August 2020  has changed all the Planning Schemes in Victorian  regards to Clause 52.12 - Bushfire Protection Exemptions for provision of defendable space (10/30 rule).

The defendable space vegetation clearing exemptions appear to have been extended to also include land in Bushfire Prone Areas (BPA), not just sites affected by the Bushfire Management Overlay (BMO).

Changes have been made to the 4m fence line rule, as well as the defendable space exemption for dwellings considered under the Bushfire Management Overlay.

Further information & Fact sheets are now available in regards to these recent amendments and are available via the following links.
https://www.planning.vic.gov.au/policy-and-strategy/bushfire/building-in-the-bmo

https://www.planning.vic.gov.au/__data/assets/pdf_file/0028/482176/Fact-Sheet.Vegetation-Exemptions-Bushfire-Protection.pdf

Yarra Ranges has Clause 51.03 which may overide some of the Bushfire Protection Exemptions of Clause 52.12. DELWP's fact sheet doesn't provide information in regards to the possible conflicts between Clauses 51.03 & 52.12, and we will attempt to obtain further information from Council in due course.

Further information on these Clause 52.12 changes can be requested by email to planning.systems@delwp.vic.gov.au, for clarification on any issues particular to your site.

With Stage 4 Covid restrictions requiring Melbourne Property Owner's to be "at Home", if you are undertaking vegetation clearance for "Bushfire Protection" around your property during this period, please review these new rules to ensure you are aware of what you now can or can't do under these recent changes without a planning permit. If in doubt, seek guidance from Council, DELWP or specialist consultant.

Posted: Fri 07 Aug 2020

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