What is the Bushfire Management Overlay (BMO)?

The Bushfire Management Overlay (BMO) is a planning control that applies to land that may be at risk from bushfire in Victoria. The BMO applies to land that meets the mapping criteria published by the Minister for Planning (e.g. where there are larger patches of vegetation).

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If your land is affected by the BMO you may need a planning permit to construct a building or subdivide land. An application for a planning permit needs to be accompanied by a Bushfire Management Statement (BMS) and Bushfire Management Plan (BMP).

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Download a free property report to check if the BMO applies to your land https://www.planning.vic.gov.au/
 

 

What is the Bushfire Prone Area (BPA)?

The designated Bushfire Prone Area (BPA) is land at lower risk from bushfire, as identified through the building system. Often the BPA will apply to land that is also within the BMO. However, there is some land that is only within the BPA.

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Minimum construction requirements apply in the designated BPA to mitigate the bushfire risk.

A Bushfire Attack Level (BAL) assessment needs to be prepared for building permit applications in the BPA to establish the relevant construction standard (e.g. BAL-12.5 or BAL-29).

 

Download a free property report to check if the BPA applies to your land https://www.planning.vic.gov.au/
 

 

What is a Bushfire Management Statement (BMS)?

A Bushfire Management Statement (BMS) is a planning permit application requirement for proposals in the BMO. The BMS includes an assessment of the proposal against the planning scheme provisions.

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The BMS typically includes:

• Bushfire hazard landscape assessment – a broader scale assessment of the bushfire risk within the landscape.

• Bushfire hazard site assessment – a site-based assessment of bushfire hazard within 150 metres of the site.

• Bushfire management statement – a written explanation of how the proposal responds to planning scheme requirements at clause 44.06, clause 53.02 and should address the State policy objectives at clause 13.02.

• Bushfire Management Plan – a plan documenting any bushfire mitigation measures recommended for the site (e.g. construction standard, defendable space, water supply, access).

 

What is a Bushfire Management Plan (BMP)?

A Bushfire Management Plan (BMP) is a plan which documents the relevant bushfire mitigation measures for a site. The plan should be simple and easy to understand for future landowners. The plan will usually show the relevant construction standard (e.g. BAL-12.5), defendable space (e.g. distances and management prescriptions), water supply and access.

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The BMP will usually be endorsed when a planning permit is issued. The plan should be prepared concurrently with other plans so that it is consistent with other site management requirements (e.g. landscaping plans, land capability and native vegetation offsets).
 

 

What is a strategic bushfire assessment?

A strategic bushfire assessment documents the bushfire risk considerations that may be relevant for a strategic planning project or larger scale subdivision. The assessment will inform the strategic proposal, including implementation of bushfire mitigation or risk avoidance measures.

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A strategic bushfire assessment typically includes:

• Landscape scale bushfire assessment – a broader scale assessment of the bushfire risk.

• Neighbourhood scale bushfire assessment – an assessment of bushfire risk at the neighbourhood scale, including the identification of features that may influence risk.

• Local site assessment – an assessment of bushfire hazard close to the land affected by the strategy or policy proposal.

• Policy response – an assessment against relevant State policy at clause 13.02 of the planning scheme, drawing on information about bushfire behaviour and science.

• Strategic bushfire mitigation or avoidance measures – a discussion about mitigation measures, which could include design responses, drafting of policy content or a review of the different planning controls proposed.

 

A strategic bushfire assessment is usually required to support a planning scheme amendment, policy proposal, larger subdivision or structure plan in the BMO or BPA.
 

 

How can I respond to the State bushfire policy at clause 13.02?

The State policy for bushfire planning is set out at clause 13.02 of the planning scheme. The policy applies to all planning decisions in the BMO, BPA and for any proposal which may increase bushfire hazard. Clause 13.02 is therefore a relevant consideration for a broad range of planning decisions.  

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A written response to the policy objectives at clause 13.02 can be included as a chapter in a planning report, or it could be included in a separate bushfire assessment report. Any response should be integrated with other policy assessments, such as those relating to biodiversity conservation or other land management matters.

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You can access clause 13.02 at https://planning-schemes.delwp.vic.gov.au/schemes/vpps/13_02-1S.pdf?_ga=2.8570101.1987010644.1591160026-381511581.1547788335
 

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What is a BAL assessment?

A Bushfire Attack Level (BAL) assessment is required for certain developments. For example, a BAL assessment report is required if you are building a dwelling, extending a dwelling by more than 50%, developing an aged care facility or education facility in the BPA.  

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The BAL assessment is used to identify the construction standard, using the methodology in AS3959- 2019 (Construction of buildings in bushfire-prone areas). The relevant construction standard is based on the building’s likely exposure to bushfire attack, including radiant heat, ember attack or direct flame contact.

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The construction standards that could apply include:

• BAL-12.5

• BAL-19

• BAL-29

• BAL-FZ

 

More information on the various construction standards can be found at https://www.vba.vic.gov.au/consumers/bushfire-protection/areas-overlays

 

Can I clear vegetation to create defendable space?

In certain locations you can clear vegetation to mitigate the risks from bushfire (e.g. to create defendable space). You may be able to clear vegetation and trees around your dwelling or fence without a planning permit.

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The exemptions apply in several circumstances and need to be read carefully. You should also check if there are any other restrictions that may limit what vegetation can be removed (e.g. Trust for Nature covenant, section 173 agreement or matters protected under other legislation such as the Commonwealth EPBC Act).

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Clause 52.12 (Bushfire protection – exemptions) of the planning scheme sets out the various exemptions. The bushfire protection exemptions are separate from the native vegetation exemptions at clause 52.17 of the planning scheme.

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Terralogic can provide advice on the interpretation of the vegetation exemptions and interaction with other legislative requirements.
 

 

Are there mandatory conditions for permits issued in the BMO?

Yes. Clause 44.06-5 of the planning scheme sets out the mandatory conditions which must be included on any permit for development or subdivision in the BMO.

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A permit for buildings and works must include a condition requiring the ongoing implementation of the bushfire mitigation measures shown on the endorsed BMP.

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A permit for subdivision must include a condition requiring the preparation of a section 173 agreement. The section 173 agreement must document the agreed bushfire mitigation measures for each new lot. The mandatory condition for subdivision can only be waived in limited circumstances, such as when there is written agreement from the CFA.

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Terralogic can provide advice on conditions and can also prepare and interpret section 173 agreements.
 

 

What is the role of CFA in the planning process?

CFA provides advice to planning authorities to assist with planning decisions. The CFA is often a statutory referral authority for permit applications under the BMO. The CFA may also be consulted informally as part of structure planning process (e.g. new subdivisions in growth areas in the BPA).

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The CFA also provide advice on planning scheme amendments. It can advise on bushfire risk as it relates to planning as well as other operational matters, such as vegetation and emergency management.

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You can access further CFA guidance at https://www.cfa.vic.gov.au/plan-prepare/planning-controls