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A planning permit is required to subdivide land in a BMO. Subdivision applications are assessed through the permit application process Pathway 3.

Increasing the number of people in areas at risk of bushfire needs careful consideration.

Subdivision design is an important way to enhance a future community’s resilience to bushfire and to ensure that new lots provide appropriate bushfire protection.

Speak to your local council if your proposal involves more than subdivision, such as a land use zoning change, as other requirements may apply.

Planning permit application

There are requirements to meet so that council can assess how a proposed subdivision responds to bushfire and applies bushfire protection measures to reduce risk.

What do I need to consider?

Your subdivision application needs to address:

1. The bushfire hazard

An application must address the bushfire hazard on the site, and in the surrounding landscape. This will help determine if it is appropriate to develop in an area. It will also show if and how risk can be reduced through a design response that includes appropriate bushfire protection measures.

This is done through a bushfire hazard site assessment and bushfire hazard landscape assessment.

For information on how to prepare a site and landscape assessment refer to:

  • Application information requirements in '2. Bushfire protection objectives and measures' below
  • Planning Permit Applications Bushfire Management Overlay - Technical Guide

2. Bushfire protection objectives and measures

Your application should address all relevant objectives in the planning scheme including:

Your application will need to demonstrate that the proposed development meets the State policy in clause 13.02-1S.

Key objectives and strategies are:

  • prioritise the protection of human life
  • identify and assess the bushfire hazard
  • as appropriate, locate and design development to respond to identified risk.

The BMO specifies objectives and corresponding design measures in clause 44.06.

The BMO requires development to:

  • meet the requirements in clause 53.02 
  • meet mandatory permit conditions for construction, defendable space, water supply and access
  • be referred to the relevant fire authority - see clause 66.03

More information:

Note: a schedule to the BMO, or other control, may include different permit exemptions, additional or substitute bushfire protection measures, decision guidelines, referral exemptions and permit conditions.

Clause 53.02 Bushfire Planning works alongside the BMO. It sets out the bushfire protection objectives and design measures that an application must meet including:

  • landscape and site hazard assessments
  • building siting, design and ability to withstand bushfire attack (BAL)
  • defendable space and vegetation management requirements
  • on-site water supply
  • emergency services vehicle access.

If you’re in a BMO schedule, it may specify other or additional measures.

More information:

What information do I need to provide?

A planning application must include:

  • Bushfire Hazard Landscape Assessment (refer to the technical guide)
  • Bushfire Hazard Site Assessment (refer to the technical guide)
  • Bushfire Management Statement (templates below)
  • Bushfire Management Plan (templates below)

Templates

  • Help from a suitably qualified consultant may be necessary particularly for more complex applications. Your council may be able to recommend someone or you could contact Fire Protection Association Australia for a list of trained professionals. (note: this is not a comprehensive list)
  • Prior to filling in a template, make sure you read the Planning Permit Applications Bushfire Management Overlay - Technical Guide provided above and do the relevant preparatory work.

How will the council assess the application? 

Your local council will assess your application based on the requirements and decision guidelines in the bushfire planning provisions.

The council will consider whether:

  • all required documentation has been provided
  • the proposed development meets the objectives of:
    • State planning policy
    • the BMO
    • clause 53.02
  • risk has been considered and can be mitigated or warrants the development not proceeding
  • the proposed protection measures can be implemented and maintained alongside the ongoing use of the land
  • any other requirements in the planning scheme are met.

Page last updated: 09/06/23