Overlay eases restrictions

By JESSE GRAHAM

CHANGES to the controversial Bushfire Management Overlay (BMO) have been praised for freeing up unworkable restrictions on landowners.
But Yarra Ranges Mayor Fiona McAllister said unanswered questions remain and that some residents may still be left tied up in red tape.
Planning Minister Matthew Guy gazetted the changes to the BMO in July, and the final changes have since been published.
Under the changes, private bushfire shelters and bunkers can now be constructed as a bushfire protection measure, which will lower Bushfire Attack Levels (BAL) – the risk posed by bushfire, depending on numerous factors.
Permit exemptions also exist in some cases, for landowners to build sheds or outbuildings.
Cr McAllister said these changes, and aligning BAL with Australian Building Standards would help landowners who were previously tied up by the overlay.
“It’s a really good step forward and really something we were asking for,” she said.
“Hopefully, that will mean that we will see an evolution in the way people are responding to fire risk and house design and construction – there’s real potential in that.”
Clearing vegetation under the ‘10/50’ rule – where all vegetation can be cleared within 10 metres of an existing house and all vegetation except trees can be cleared within 50 metres without a permit – still applies under the BMO.
Vegetation clearance can take place on Neighbourhood Residential Zone, General Residential Zones, Residential Growth Zones, Urban Growth Zones, Low Density Residential Zones, Township Zones, Rural Living Zones, Rural Activity Zones and Farming Zones without a separate planning permit.
However, Cr McAllister said that the vegetation clearance without a permit doesn’t apply to Rural Conservation Zones, which cover much of the Ryrie Ward and areas throughout the Yarra Ranges.
She said in many zones, the BMO overrides any zoning – making vegetation clearance easier – but not in Rural Conservation Zones.
“In some instances, it looks like it could require a lot of vegetation removal, which is problematic in terms of trying to get a permit,” she said.
“That tension between vegetation removal and meeting BMO requirements still exists in some zones.”
She said that, despite some concerns, the changes were a sign that Mr Guy had listened to the community feedback on the BMO.
Cr McAllister said that it was early days for the BMO changes and that once applications begin to come in it will be easier to see how the changes affect the area.
“Yarra Ranges Council hasn’t written to the minister, responding to it (the changes),” she said.
“I will be raising these issues with my fellow councillors and, hopefully, we can let the minister know our views on it as well.”