Bushfire Management Overlay
The Bushfire Management Overlay (BMO) applies to land that may be significantly affected by extreme bushfires.
The BMO is found at Clause 44.06 of the Maroondah Planning Schemes and should be read in conjunction with Clause 53.02 - Bushfire Planning.
A planning permit is required for some types of development to ensure bushfire risk is considered and bushfire protection measures are in place.
You can check if your property is affected by the BMO using VICPLAN
Development of a property in the BMO is required to take bushfire protection measures including:
- management of vegetation and fuel loads
- providing fire truck access
- access to a static water supply
- construction of buildings to the current bushfire standard (Bushfire Attack Level or BAL rating).
Council will assess applications in accordance with the BMO and Clause 53.02 - Bushfire Planning.
Planning Permit conditions
All BMO Applications will be referred to the relevant Fire Authority (Country Fire Authority or Fire Rescue Victoria) who will advise Council what permit conditions it requires or if it objects to the granting of a planning permit.
Permits issued for development in the BMO will include a mandatory condition requiring the owner to maintain the bushfire mitigation measures included in the Planning Permit on a continuing basis.
Permits issued for land subdivision in the BMO will include a mandatory condition requiring a Section 173 agreement to be registered on the title of the land, which ensures all future owners are aware of the bushfire protection measures of the Planning Permit and their ongoing maintenance obligations.
BMO planning application checklist
Bushfire planning is complex. It is strongly recommended that you get help from a qualified consultant to prepare your planning application. You can contact Fire Protection Association Australia for a list of accredited Bushfire Planning and Design Practitioners for assistance with your application.
The following is the minimum information that must be submitted with any planning permit application for buildings and works within the Bushfire Management Overlay:
- appropriate application fee
- completed application form
- full copy of property title, from land titles office within the last 3 months, along with any related plan of subdivision, restrictions, covenants or agreements. This information can be found on the Land Data Victoria website
- application requirements as set out in Clause 44.06-3 of the Maroondah Planning Scheme, which state that an application must be accompanied by:
- A bushfire hazard site assessment including a plan that describes the bushfire hazard within 150 metres of the proposed development. The description of the hazard must be prepared in accordance with Sections 2.2.3 to 2.2.5 of AS3959:2009 Construction of buildings in bushfire prone areas (Standards Australia) excluding paragraph (a) of section 188.8.131.52. Photographs or other techniques may be used to assist in describing the bushfire hazard.
- A bushfire hazard landscape assessment including a plan that describes the bushfire hazard of the general locality more than 150 metres from the site. Photographs or other techniques may be used to assist in describing the bushfire hazard. This requirement does not apply to a dwelling that includes all of the approved measures specified in Clause 53.02-3.
- A bushfire management statement describing how the proposed development responds to the requirements in this clause and Clause 44.06. If the application proposes an alternative measure, the bushfire management statement must explain how the alternative measure meets the relevant objective. If in the opinion of the responsible authority any part of these requirements is not relevant to the assessment of an application, the responsible authority may waive, vary or reduce the requirement.
- Site and Elevation Plans, which must be scaled and fully dimensioned, showing (as a minimum):
- the location of all title boundaries
- the location of all existing buildings, structures, driveways and car parking areas
- the location of all proposed buildings and works, including setbacks to title boundaries
- floor plans including floor areas for each level, finished floor levels, room/area names, external openings and overall building dimensions
- elevation plans of all proposed buildings and works including wall heights, overall building height, natural ground level and finished floor levels
- a schedule of external colours, materials and finishes
- the location of all existing trees and vegetation, clearly identifying if they are to be retained or removed
- the location of existing trees and vegetation on neighbouring properties near common boundaries
- a north point
- contour lines that show any variation in slope across the site
- location of any retaining walls and areas of cut and/or fill
- easements or drainage features (existing or proposed).
- A written submission detailing how the proposal responds to the provisions of the relevant zone, overlays, particular provisions and State and local planning policies (as appropriate).