Ministerial Amendment VC248 was approved and gazetted by the Minister for Planning on 5 May 2026. The amendment makes a range of changes to bushfire planning provisions in all Victorian planning schemes following a review carried out by the Department of Transport and Planning (DPT) that started back in December 2021.

As part of the review, DTP released the “Bushfire Planning made clearer: Options for Victoria’s Planning System” discussion paper and sought feedback from the community.

Council made a submission to the discussion paper in response to a survey run by DTP in 2022. The submission is published on our website here. The submission is consistent with Council’s extensive advocacy to improve bushfire planning controls over the past few years, to ensure our community is resilient to bushfire threats while minimising unnecessary vegetation and biodiversity loss. All the information about Council’s advocacy is available on our website: Improving Bushfire Planning Provisions – Mornington Peninsula Shire.

What the amendment does

Amendment VC248 makes many changes to current bushfire policy and provisions in the Victoria Planning Provisions (VPPs). The changes seek to strengthen and clarify the operation of Victoria’s bushfire planning framework by:

·    refining policy for uses where large numbers of people may congregate

·    improving permit exemptions and certainty for low-risk works

·    updating and consolidating bushfire protection measures (including access and water supply)

·    introducing clearer objectives and decision guidelines – particularly for development involving vulnerable people and for land in the Bushfire Prone Area which is outside the Bushfire Management Overlay.

Specifically, Amendment C248morn changes the VPPs and all Victorian planning schemes by updating:

·    State planning policy at Clause 13.02-1S (Bushfire Planning) to clarify the operation and intent of the policy.

·    The Bushfire Management Overlay at Clause 44.06 to include various permit exemptions for specific works associated with a dwelling or small second dwelling.

·    The Bushfire Planning provisions at Clause 53.02 to:

·    update terminology,

·    clarify the operation of the provision and measures,

·    update water supply requirements,

·    insert a new objective and decision guidelines for development associated with vulnerable people, and

·    insert new decision guidelines for development in a Bushfire Prone Area.

·    Update Clause 66.03 (Referral of permit applications under other state standard provisions) to make changes associated with applications for non-habitable outbuildings.

·    Update Clause 73.01 (General Terms) to include new definitions for the terms ‘Bushfire’, ‘Bushfire prone area’ and ‘Bushfire prone area map’.

How does Amendment VC248 respond to Council’s submission?

The following changes in the amendment align with Council’s 2022 submission:

·    A new decision guideline has been added into Clauses 53.02-4.6 (Bushfire Planning – Decision guidelines) and the new clause 53.02-6 (Bushfire prone area decision guidelines) about whether bushfire protection measures can be implemented without unacceptable biodiversity impacts.

·    Clause 13.02-1S replaces the list of uses and development with a more open approach for a use or development resulting in people congregating in larger numbers therefore allowing for assessment of planning applications for recreation and retail facilities outside the Urban Growth Boundary or within a Rural Zone.

·    Introduction of bushfire risk assessment criteria for buildings and uses associated with vulnerable people, i.e. accommodation, education centre, hospital, leisure and recreation or place of assembly, ensuring sufficient measures are in place for days of elevated fire danger.

However, a range of concerns outlined in Council’s 2022 submission have not been addressed. These include:

·    Extending planning policy to improve referral and information requirements for uses with potential to create a bushfire hazard with particular reference to uses with adverse amenity potential.

·    No reference has been made in Bushfire Management Overlay (BMO) or Clause 53.02 (Bushfire Planning) as to what level of qualification is required for someone to prepare the required Bushfire Hazard Assessment documents.

·    The permit triggers under BMO remain the same, i.e. a permit is required to construct a building or construct or carry out works associated with particular uses. No new land uses have been added to the list of planning permit triggers. A change in existing use of the land does not trigger the requirement for a planning permit.

·    No introduction of VicSmart permit applications for outbuildings associated with a dwelling in the BMO.

·    No changes to the ‘10/30’ exemptions listed in clause 52.12 (Bushfire Protection Exemptions). However, DTP have advised due to the complexity of clause 52.12, it will be reviewed under a separate process at a date yet to be determined.

·    No introduction of revised mapping for Bushfire Prone Areas (BPA) or the BMO, noting that changes to bushfire mapping are to be considered through a separate DTP review process.

How does Amendment VC248 impact Mornington Peninsula Shire?

As a result of Amendment VC248, new sensitive land uses (as defined in Clause 52.02), including accommodation, an education centre, a hospital, an indoor recreation facility, a major sports and recreation facility or a place of assembly, located within a BPA area but outside of the BMO, must now be considered and assessed under Clause 53.02—specifically Clause 53.02-6 Bushfire prone area decision guidelines.

For context, the extent of BPA/BMO coverage within the Mornington Peninsula Shire is illustrated in the maps below.

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It is noted that Amendment VC248 was introduced without transitional provisions.

Officers will need to work through the administrative complexities of interpreting and applying the revised Bushfire Planning policies and controls.