Section number
s. 12 (2)(b)
Considerations
Planning authority must take into account any significant effects the amendment might have on the environment or vice versa.
Status
Guide
current
Published:
Last updated:
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Why consider environment protection?
Land use planning can help to avoid potential negative impacts on the community and the environment. It can also help to ensure that incompatible uses are not developed too close together. Potential negative impacts may include noise, odour, dust, air pollutants and stormwater contamination.
The surrounding environment can also affect land uses, for example, from contamination from land and groundwater or landfill gas migration. Land use planning ensures that risks are identified early in the planning process and that harmful outcomes are avoided.
Land use planning and the planning framework
The Planning and Environment Act 1987 (PE Act) includes objectives that aim to protect the environment. The PE Act performs a preventative role through ensuring land use and development is compatible with its surrounds.
The Victoria Planning Provisions (VPP) include a range of requirements to protect the environment, human health and amenity. These include considering incompatible land uses, preventing harm to the environment, human health and amenity, and addressing potential risks from contamination.
Zones and overlays in the planning scheme also include specific requirements to ensure environment protection is considered in decision making.
Environment protection and planning framework
The environment protection and planning frameworks interact through roles and requirements set out for decision makers.
For example, the PE Act requires planning and responsible authorities to:
- consider environment protection in decisions
- refer certain applications to EPA for advice on the risk of harm to human health and the environment associated with land use and development
- consider, where appropriate, instruments under the Environment Protection Act 2017 (EP Act) including the Environment Reference Standard.
The EP Act includes objectives that aim to protect the environment and human health. It sets out a duty to reduce the risk of harm to the environment. The general environmental duty (GED) applies to all Victorians to protect human health and the environment from the harmful effects of pollution and waste.
The environment protection framework also works alongside the PE Act to reduce risks from contaminated land.
Planning Practice Note 30: Potentially Contaminated Land provides guidance to planners and applicants on planning system requirements regarding potentially contaminated land.
Ministerial Direction 1 aims to ensure that potentially contaminated land is suitable for a use which is proposed to be allowed under an amendment to a planning scheme and which could be significantly adversely affected by contamination.
For more information see Contaminated land and planning
Environment and human health
Human health and wellbeing are fundamentally linked to the state of the environment – from the air we breathe, to the water we drink or swim in, to the land we grow our food and build our homes on, and through our experiences of the sounds and smells around us.
Land use planning can help ensure that land is used and developed safely, in a way that protects the environment and human health.It is one of the earliest points available in the planning process to address risks of harm to the environment or human health prior to the commencement of an activity.
Environmental and human health risks that may be addressed through land use planning include:
- Air quality
- Dust
- Odour
- Noise
- Waste
- Water quality
- Wastewater
- Land and groundwater contamination
- Biological risks such as Q Fever
How is human health considered in land use planning?
The Victoria Planning Provisions ensure human health is a consideration in planning decisions. For details, see the list of planning policy references at Environment protection and land use planning.
The Environment Protection Act 2017 considers harm to human health as including amenity impacts. Factors such as the frequency, intensity and duration of amenity impacts can impact upon the significance of human health impacts.
For information about assessing human health impacts refer to Environmental Public Health.
Planning policy references
Planning and Environment Act 1987
Section number
s.60 (1)(e) and (1A)(f)
Considerations
Responsible authority must consider the objectives of planning in Victoria, significant effects it considers use and development may have on the environment and vice versa.
Before deciding on an application the responsible authority may consider any relevant state environment protection policy as declared in the Environment Protection Act 2017.
Guidance
Environment Protection Act 2017
Section number
s.84B(2)(e)
Considerations
Must take account of any relevant environment reference standard within the meaning of the Environment Protection Act 2017.
Guidance
Environment Protection Act 2017
Zones relevant to environment protection
Zone
VPP 32.03 Low Density Residential Zone
VPP 32.07 Residential Growth Zone
VPP 32.08 General Residential Zone
VPP 32.09 Neighbourhood Residential Zone
Relevant decision guideline
LDRZ 32.03-6 (subdivision) where there is no reticulation, must consider the requirements of the Environment Protection Regulations 2021 for on-site wastewater management system.
MUZ 32.04-14 (use for industry, service station and warehouse).
TZ 32.05-3 where there is no reticulation, requires wastewater treatment in accordance with requirements of the Environment Protection Regulations 2021.
TZ 32.05-5 (subdivision) where there is no reticulation, requires assessment in accordance with requirements of the Environment Protection Regulations 2021 for on-site wastewater management system.
TZ 32.05-13 Decision Guidelines: where there is no reticulation, must consider assessment in accordance with the requirements of the Environment Protection Regulations 2021 for on-site wastewater management system.
Considerations
The effect the existing use on adjoining or nearby land may have on the proposed use. Whether the use is compatible with adjoining and nearby sensitive uses.
Use for industry and warehouse must not adversely affect the amenity of the neighbourhood.
The effect the existing use on adjoining or nearby land may have on the proposed use.
Whether the use or development is compatible with residential use.
Guidance
Environment Protection Regulations 2021
Environment Reference Standard
EPA Publication 1518 Recommended separation distances for industrial residual air emissions
Zone
Considerations
The effect that the use may have on nearby existing or proposed residential areas or other uses which are sensitive to industrial off-site effects, having regard to any comments or directions of the referral authorities.
Guidance
EPA Publication 1518 Recommended separation distances for industrial residual air emissions
Zone
Considerations
The interface with adjoining zones, especially the relationship with residential zones.
Compatibility with adjoining, nearby land uses.
C2Z 34.02-7 the effect industry or warehouse may have on nearby existing or proposed residential areas or other uses which are sensitive to industrial off-site effects.
C3Z 34.03-8 minimising offsite impacts via layout and design.
Guidance
EPA Publication 1518 Recommended separation distances for industrial residual air emissions
Zone
Considerations
The impact on the natural physical features and resources of the area and in particular any impact caused by the proposal on soil and water quality and by the emission of noise, dust and odours.
Zone
VPP 35.06 Rural Conservation Zone
Considerations
Whether use or development protects and enhances the environmental, agricultural and landscape qualities of the site and its surrounds.
Whether the use or development will have an adverse impact on surrounding land uses.
Zone
Considerations
The impact of the proposal on the natural physical features and resources of the area, in particular on soil and water quality.
Zone
Considerations
The impact of the proposal on the natural physical features and resources of the area, in particular on soil and water quality.
Zone
VPP 35.06 Rural Conservation Zone
Considerations
Whether use or development protects and enhances the environmental, agricultural and landscape qualities of the site and its surrounds.
Whether the use or development will have an adverse impact on surrounding land uses.
Zone
VPP 37.08 Activity Centre Zone
Considerations
Clause 37.05-8 environmental audit requirement before a sensitive use commences.
Clause 37.07-6 requirement for an environmental audit before a preschool or primary school commences on potentially contaminated land.
37.08-9 does the layout and design minimize the potential for offsite impacts including from noise, fumes, odour or vibration?
Consider the effect the use may have on land in a residential zone, CCZ, DZ or land for a hospital or education centre or in a PAO to be acquired for a hospital or education centre.
Overlays and environment protection
Overlay
VPP 45.03 Environmental Audit Overlay
Purpose
To ensure that potentially contaminated land is suitable for a use which could be significantly adversely affected by any contamination.
Guidance
Overlay
Purpose
To identify buffer areas where there is potential for off-site impacts on human health or safety, or significant off-site impacts on amenity, from industry, warehouse, infrastructure or other uses.
Guidance
Planning Practice Note 92: Managing buffers for land use compatibility
Overlay
VPP 42.01 Environmental Significance Overlay
Purpose
To identify areas where the development of land may be affected by environmental constraints.
Overlay
Purpose
To protect water quality and waterways as natural resources in accordance with the provisions of relevant State Environment Protection Policies, and particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria).
To ensure that development maintains or improves river and wetland health, waterway protection and flood plain health.
Overlay
VPP 44.04 Land Subject to Inundation Overlay
Purpose
To protect water quality and waterways as natural resources by managing urban stormwater; protecting water supply catchment areas and managing saline discharges to minimise the risks to the environmental quality of water and groundwater.
To ensure that development maintains or improves river and wetland health, waterway protection and flood plain health.
Overlay
Purpose
To preserve and enhance the amenity of the area and reduce the environmental impacts of dwellings and other development.
Other Victoria Planning Provision references
VPP Clause
Aim or strategy
Anticipate and respond to the needs of communities.
Contribute to health, wellbeing and safety, prevention of pollution to land, water and air.
Considerations
Consider impact that incompatible land uses may have on each other - including on health.
Consider the potential of off-site impacts when making a decision / recommendation regarding a proposed land use.
Consider encroachment of proposed sensitive land uses on industry and how that may impact human health.
Guidance
Planning Practice Note 92: Managing buffers for land use compatibility
EPA Publication 1518 Recommended separation distances for industrial residual air emissions
VPP Clause
Aim or strategy
Preventing or minimising significant impacts on the environment, amenity and human health due to pollution and waste
Considerations
Consider potential to allow incompatible land uses when making decisions around supply of urban land - particularly infill and redevelopment precincts.
Guidance
Planning Practice Note 92: Managing buffers for land use compatibility
EPA Publication 1518 Recommended separation distances for industrial residual air emissions
VPP Clause
12.04-1S Sustainable development in alpine areas
Aim or strategy
Ensure that the use and development of land considers and appropriately responds to potential environmental risks and contributes to maintaining or improving the environmental quality of alpine environments.
Considerations
Understand the potential risks to air, land and water relating to use and development in a sensitive alpine environment.
Consider whether the proposed development responds adequately or appropriately to the risks.
Guidance
EPA Publication 1741 Industry guidance: supporting you to comply with the general environmental duty
Planning Practice Note 92: Managing buffers for land use compatibility
VPP Clause
13 Environmental risks and amenity
Aim or strategy
Planning should aim to identify, prevent and minimise the risk of harm to the environment, human health and amenity through:
- land use compatibility
- appropriate siting of buildings and activities
- applying effective controls to prevent or mitigate significant impacts.
Considerations
Understand and recognise planning's aim / role in preventing harm to environment, human health and amenity, protecting environmental values and generally how this can be achieved.
Guidance
EPA Publication 1741 Industry guidance: supporting you to comply with the general environmental duty
AN73: New requirements for a planning authority to consult Environment Protection Authority
Planning Practice Note 92: Managing buffers for land use compatibility
EPA Publication 1518 Recommended separation distances for industrial residual air emissions
Publication 1834: Civil construction, building and demolition guide
VPP Clause
13.03-1S Floodplain management
Aim or strategy
Ensure that the use and development of land identifies and appropriately responds to potential environmental risks and contributes to maintaining or improving the environmental quality of water and groundwater environments.
Considerations
Understand the potential risks relating to use / development to water arising from pollution and waste.
Consider impacts of use and development on water due to pollution and waste – e.g. use / storage of chemicals or wastes / dangerous materials.
Consider whether the proposed development responds to / meets the current objectives in Urban Stormwater BPEMGs.
Guidance
EPA Publication 1739: Draft Urban Stormwater management guidance
VPP Clause
13.04-1S Contaminated and potentially contaminated land
Aim or strategy
Aims to ensure that potentially contaminated land is suitable for its intended future use and development and contaminated land is used safely.
Support land use and development that contributes to maintaining or improving the environmental quality of land and groundwater environments.
Considerations
Ensure that potentially contaminated land is suitable for a use which is proposed to be allowed under the permit application or amendment.
Guidance
VPP Clause
Aim or strategy
Aims to control the effects of noise on sensitive land uses using building design, urban design and land use separation.
Consider whether proposals to use or develop land address the potential impacts of land use and development on the acoustic environment in accordance with the noise requirements of the Environment Protection Regulations.
Considerations
Consider whether proposals or use and development will contribute to achieving or maintaining the environmental values, indicators and objectives of the acoustic environment, for example:
- sleep
- child learning and development
Be aware of the requirement that any noise related assessment must be conducted in accordance with new noise protocol. Understand what constitutes 'unreasonable noise', etc. and noise limits dB(A).
Guidance
Environment Reference Standard
Environment Protection Regulations 2021
Planning Practice Note 81: Live music and entertainment noise
VPP Clause
13.06-1S Air quality management
Aim or strategy
Aims to protect and improve air quality, ensuring that there is suitable separation between land uses that reduce air amenity and sensitive land uses.
Considerations
Consider whether proposals / use and development will contribute to achieving or maintaining the environmental values, indicators and objectives of the air environment, for example:
- air quality that supports life
- health and wellbeing of humans and ecosystems
- visibility
- does not damage buildings, structures, property.
Guidance
EPA Publication 1518 Recommended separation distances for industrial residual air emissions
VPP Clause
13.07-1S Land use compatibility
Aim or strategy
Aims to protect community amenity, human health and safety while facilitating appropriate commercial, industrial or other uses with potential adverse off-site impacts.
Guidance
Planning Practice Note 92: Managing buffers for land use compatibility
EPA Publication 1518 Recommended separation distances for industrial residual air emissions
VPP Clause
14.02-1S Catchment planning and management
Aim or strategy
To assist the protection and restoration of catchments, water bodies, groundwater and the marine environment.
Strategy: Ensure that the use and development of land identifies and appropriately responds to potential environmental risks and contributes to maintaining or improving the environmental quality of water and groundwater environments.
Considerations
Consider whether management, proposals / use and development will contribute to achieving or maintaining the environmental values, indicators and objectives of the water environment, for example:
- human consumption of aquatic foods
- water dependent ecosystems.
Be aware of requirement for applicant to prepare SWMPs and responsibility to manage water assets to not result in harm.
Consider the BPEMGs and require developments to meet or exceed the WQ objectives.
Guidance
Environment Reference Standard
EPA Publication 1834: Civil Construction, Building and Demolition Guide
VPP Clause
Aim or strategy
Aims to protect water quality from contaminated run-off, prevent incompatible land uses from establishing where they will impact water quality.
Considerations
Consider whether proposals or use and development will contribute to achieving or maintaining the environmental values, indicators and objectives of the water environment for example:
- human consumption
- water dependent species
- agriculture and irrigation
- water-based recreation
- Traditional Owner cultural values.
Guidance
Environment Reference Standard
Environment Protection Regulations 2021
EPA Publication 1834: Civil Construction, Building and Demolition Guide
VPP Clause
19.03-3S Integrated water management
Aim or strategy
Ensure that the use and development of land identifies and appropriately responds to potential environmental risks and contributes to maintaining or improving the environmental quality of water and groundwater environments.
Considerations
Consider whether management, proposals / use and development will contribute to achieving or maintaining the environmental values, indicators and objectives of the water (incl. groundwater) environment (e.g. human consumption of aquatic foods, water dependent ecosystems).
Be aware of requirements regarding land subdivisions and OWMS systems, developing a WMP, managing assets to not be harmful to the environment, preparing SWMPs, managing saline discharges, pollutant load targets.
Guidance
Environment Reference Standard
Environment Protection Regulations 2021
EPA Publication 1834: Civil Construction, Building and Demolition Guide
VPP Clause
19.03-5S Waste and resource recovery
Aim or strategy
Aims to reduce waste and maximise resource recovery to reduce reliance on landfills and minimise environmental, community amenity and public health impacts.
Considerations
Consider and respond to the risks to EHHA associated with waste and resource recovery facilities.
Landfills and recycling/resource recovery uses trigger a referral to EPA under clause 53.10, so EPA requirements will be addressed via referral.
Guidance
Environment Reference Standard
Environment Protection Regulations 2021
EPA Publication 1518 Recommended separation distances for industrial residual air emissions
EPA Publications 1642: Assessing planning proposals within the buffer of a landfill
VPP Clause
Clause 53.14 Resource recovery
Clause 66.02 Use and development referrals
Aim or strategy
EPA is required to be notified of proposals for certain classes of broiler farms.
Composting facilities guideline listed in the Decision Guidelines.
66.02-1 works approval or licence
66.02-7 industry, utility installation or warehouse
66.02-8 extractive industry
Considerations
EPA is a determining referral authority for certain types of referrals.
If land is intended to be used as a landfill at a future date.
Guidance
The Victorian Code for Broiler Farms 2009 (Updated 2018)
Planning Practice Note 63: Applying for a planning permit to farm chickens
Page last updated: 01/04/24