Erosion Management Overlay PSA gazetted

A review of the Erosion Management Overlay (EMO) has received approval by the Minister for Planning which now means those few residents unable to build after the June 2021 storm can now start their planning process. 

While the State Government is responsible for Overlays as part of the Planning Scheme, it is Council’s responsibility to apply them and ensure they are current. Updating an Overlay requires a Planning Scheme Amendment (PSA) process to be undertaken. 

PSAs are lengthy processes and in May 2023, Councillors unanimously voted to formally request that the Minister for Planning allow Council to update the EMO.  

The Planning Scheme Amendment has now been approved and gazetted, meaning the State Government has accepted Council's changes to the EMO, and they are now in effect as part of the Yarra Ranges Planning Scheme. 

Yarra Ranges Mayor Cr Sophie Todorov said that previously when a planning application was received on land covered with an EMO, Council had to consider the level of risk the same, regardless of the type of building – house, hospital, or garden shed. 

“The Planning Scheme Amendment proposed a change to the risk level, from Low/Very Low to Medium for certain structures, like sheds and houses, making it easier for people to build or rebuild, while still managing erosion risks,”. This is a fantastic result and will assist people rebuild their homes after the June 2021 storm event.” Cr Todorov said. 

The changes will make the EMO easier to use, and consistent with Australian Standards in the AGS 2007 Practice Note Guidelines for Landslide Risk Management. The Amendment also expands the exemptions that currently apply for minor building works or vegetation removal, or where delaying works could be detrimental to slope stability and simplifying the language in the schedule. 

“Now that the Planning Scheme Amendment has been gazetted, people can start their rebuild process,” Cr Todorov said. 

“Further information on the new EMO can be found on Councils’ Amendment C217 webpage.

The funding to undertake the review came from the Federal Government’s Preparing Australia Communities Program.