New Planning Permit Exemptions - Native Vegetation Removal
Overview
People living in areas of high bushfire risk have to
balance the need to protect native vegetation with wildfire safety.
It is an issue facing people in existing houses and those lodging
planning applications for new dwellings in areas of high bushfire risk.
CFA recommends a risk management approach to wildfire that avoids
unwarranted removal of native vegetation in the name of wildfire
protection.
Residents should be aware of new planning permit exemptions for
native vegetation removal in place from 14 November 2006.
The new exemptions allow for more flexible vegetation management
for wildfire protection, to cater for individual site conditions.
They are consistent with CFA's Wildfire Management Overlay
arrangements which already apply to new developments.
There are now certain conditions under which people can remove
native vegetation (other than trees) as part of their bushfire
survival plan without having to apply for a planning permit.
What are the changes to vegetation removal exemptions in the Victoria
Planning Provisions?
New exemptions have been put into the Victoria Planning Provision
that deals with native vegetation protection: clause
52.17 Native Vegetation. The revised exemptions apply to the
permit requirement for native vegetation removal for wildfire safety
and are in force from 14 November 2006.
The new exemptions reflect the objective
to build community safety through greater community self reliance.
The changes to the exemptions are summarised below:
Before 14 November 2006
Prior to this amendment, clause
52.17 Native Vegetation of the Victoria Planning Provisions provided exemptions from the requirement
to have a planning permit to:
- clear native vegetation within 10
metres of a building;
- clear dead vegetation (including leaf
litter); and
- clear ground fuel within a 30 metre zone around buildings.
After
14 November 2006 - current
The new exemptions increase the area of vegetation that may be
modified up to a maximum of 95 metres from a dwelling or building
used for accommodation where there is a high fire risk (as described
by the Wildfire Management Overlay site assessment method).
The new exemptions allow:
- Any part of a tree overhanging a house
to be lopped or removed if necessary for fire protection.
- Native
vegetation (other than trees) within 30 metres of a dwelling
or building used for accommodation may be removed, lopped or
destroyed
provided native grasses are kept to a height of 10 cm, and no more
than 50% shrub cover is cleared.
- Native vegetation beyond 30 metres
of a dwelling or building used for accommodation may be removed
lopped or destroyed where particular
vegetation type and circumstances exist. The distance around
the house where this may occur depends on the vegetation type
and slope
of the land. These circumstances need to be shown on a plan prepared
by the landowner.
Note 1: These exemptions
do not permit cutting down trees.
Note 2: Planning Schemes
may have local controls that override the exemption. Contact
your local council to see if this applies
to your property.
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How do I work out how much vegetation removal I can do?
Calculating
the maximum allowable distance to manage/remove vegetation around
the house
Native vegetation (other than trees) within
30 metres of a dwelling or building used for accommodation may
be removed,
lopped or
destroyed provided native grasses are kept to a height of
10 cm, and no more
than 50% shrub cover is cleared.
The distance for managing vegetation more than 30 meters from
a dwelling or building used for accommodation must be calculated
using the site assessment method contained in CFA’s
Building in a Wildfire Management Overlay Applicant's Kit (2002) (pdf
852k). Find
out more about this kit...
Where can residents get advice on their site assessment?
Instructions for the site assessment method can be found on pages
2 to 5 and 10 to 12 of the Applicant's Kit, which is designed
for self assessment. If residents are unsure about their self assessment,
they may contact CFA regional offices for advice. CFA and DSE will
be able to assist people to prepare a plan.
Do residents need to produce a record of their site assessment?
Yes. The management of vegetation for distances greater than 30
metres from a dwelling or building used for accommodation must
be recorded in a plan. A copy of a Bushfire
Survival Plan and Risk Assessment Attachment (pdf 34k) must
be lodged with the relevant regional DSE office prior to commencing
works.
Residents do not require permission to undertake the work or obtain
approval of their plan from DSE. However, works undertaken without
lodging the plan with DSE would be in breach of the Victoria Planning
Provisions, and subject to possible action under the Planning and
Environment Act.
Residents should also be reminded that this exemption
only applies on their own property. It does not authorise vegetation
removal on adjoining public or private property.
What does a plan look like?
Instruction for what to include in
a plan are provided in clause
52.17 Native Vegetation of the Victoria Planning Provisions in
the table of exemptions 52.17-6 under the heading 'Buildings' (up
to 10 metres) 'Fire'. The distances are provided in
the table 52.17 -7.
Can a resident incorporate this plan into an
existing bushfire survival plan?
Yes. CFA views regulatory compliance and community
development as complementary approaches to wildfire risk management.
Residents who already have a bushfire survival plan will need
to send a copy of their plan and risk assessment attachment to
DSE.
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