Vegetation Removal: New Bushfire Exemptions released
You might just need a permit to remove that tree, after all…
The Bushfire Exemptions in Clause 52.12 have been amended. Read on to find out how this might affect your property.
Background: the Bushfire Exemptions
Until recently, there was an almost blanket rule in many municipalities that any tree(s) could be removed without a permit if they are within 10m of a dwelling, or within 4m of a boundary fence, constructed before 10 September 2009*.
This rule is found in Clause 52.12 of the Planning Scheme, and is commonly known as the “Bushfire Exemptions”. (It’s also sometimes referred to as the “10:30 rule”; because it allows the removal of trees within 10m of a dwelling, and any other vegetation within 30m of a dwelling.)
The Bushfire Exemptions mean that trees that are otherwise protected under the Planning Scheme (for example, under a Vegetation Protection Overlay (VPO) or under Clause 52.17: Native Vegetation), can be removed “as of right”, without a planning permit.
For many developers and property owners, the Bushfire Exemptions are a very helpful tool. They can mean that troublesome trees can be removed (for example, to clear a Site for development) without the need for a planning permit or offsets, despite any overlays or permit triggers.
The Bushfire Exemptions previously applied to every property in Victoria, except those located within the Banyule, Bayside, Bayside, Boroondara, Brimbank, Darebin,Glen Eira, Greater Dandenong, Hobsons Bay, Kingston, Knox, Maribyrnong, Maroondah, Melbourne, Monash, Moonee Valley, Moreland, Port of Melbourne, Port Phillip, Stonnington, Whitehorse and Yarra municipalities (and provided the dwelling or fence was constructed before September 2009).
But things have changed.
The new Bushfire Exemptions
Amendment VC176 was gazetted on 5 August 2020.
VC176 amends the Bushfire Exemptions in Clause 52.12, including (critically) to apply the Bushfire Exemptions only to properties that are designated as Bushfire Prone.
Before VC176 was introduced the Bushfire Exemptions applied across all municipalities in Victoria, except for Banyule, Bayside, Bayside, Boroondara, Brimbank, Darebin, Glen Eira, Greater Dandenong, Hobsons Bay, Kingston, Knox, Maribyrnong, Maroondah, Melbourne, Monash, Moonee Valley, Moreland, Port of Melbourne, Port Phillip, Stonnington, Whitehorse and Yarra.
Now, the Bushfire Exemptions apply to all properties that are designated as Bushfire Prone, regardless of which municipality they are in.
In general terms, this means that some properties that benefitted from the exemptions no longer do, and some that didn’t (especially those in the previously excluded municipalities like Dandenong that are designated as Bushfire Prone, for example), now do.
It’s critical that property owners and developers are aware of the new Bushfire Exemptions before they seek to rely on them to remove a tree or vegetation without a planning permit.
If you need help assessing whether your tree can be removed as-of-right, please feel free to contact us here at District Consulting.
Working out if the bushfire exemptions apply
Previously, working out whether the bushfire exemptions applied (and therefore whether a tree could be removed without a permit) was as simple as confirming that:
the property was not in one of the excluded municipalities; and
the tree was within 10m of a house or 4m of a fence* that was constructed before September 2009.
The task is still reasonably straightforward, but requires a different approach to confirm that:
the property is within a Designated Bushfire Prone Area; and
the tree is within 10m of a house or up to 4m of a fence* that was constructed before September 2009.
If you want to get a better understanding of whether the Bushfire Exemptions apply to your specific property, get in touch with us and we can discuss your specific circumstances.
Amendment VC176 was gazetted on 5 August 2020, and the changes apply from that date. This means that anyone looking to rely on the Bushfire Exemptions needs to work within this new regime going forward.
Boundary fences
VC176 has also amended the (previously confusing) exemption for vegetation removal along a boundary fenceline.
The Bushfire Exemptions used to provide that vegetation that was within a “combined distance” of 4m of a boundary fence could be removed. The wording of the exemption left uncertainty in situations where, for exemple, there was no existing vegetation on one side of a fence.
Amendment VC176 has made this exemption a little more clear. The exemption is now worded as follows:
“The clearing alongside both sides of the fence when combined must not exceed 4 metres in width, except where land has already been cleared 4 metres or more along one side of the fence, then up to 1 metre can be cleared along the other side of the fence”
Disclaimer
This article is general in nature and does not consider your specific circumstances or requirements. It is not intended to be relief upon in any way and does not constitute legal advice. You should always talk to a professional about your specific circumstances (we can help with that - just get in touch!).
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