Amendment C217yran has been approved by the Minister for Planning. Notice of approval for the amendment was published in the Government Gazette on 1 March 2024.
What does the amendment do?
The amendment proposes to amend the Erosion Management Overlay Schedule 1 (EMO1) to simplify its structure by including new exemptions for minor buildings and works and vegetation removal and include separate requirements for subdivision applications. The amendment also proposes to amend the tolerable risk criteria from Low to Medium in particular circumstances, to ensure the risk provisions in the Planning Scheme are consistent with contemporary guidance provided in the Australian Geomechanics Society Practice Note Guidelines for Landslide Risk Management (AGS 2007).
Why is the amendment required?
The amendment is required to make the EMO more streamlined and useable and to make the risk provisions in the schedule consistent with contemporary guidance.
The amendment proposes to amend the Erosion Management Overlay to adopt a more simplified and streamlined approach that will also assist people rebuilding after storm events such as the June 2021 storms. The amendment proposes changes that will result in net community benefit for landowners with the Erosion Management Overlay (EMO) already applying to their land.
Where can I find more information about the amendment?
The attached Fact Sheet provides further information on the amendment and the process.
Detailed information about the proposed amendment, including an explanatory report and amendment documentation are available for viewing on the Department of Transport and Planning website (see link on page).
Council recently held a webinar with Geotechnical expert Darren Paul - you can watch it here or there are more Q&As below:
Why did you send me a letter about the Erosion Management Overlay Amendment?
You have received a letter because your property is included in an Erosion Management Overlay which is a planning control.
When was the EMO applied to my property?
The Erosion Management Overlay was first applied to properties in 2000, however landslide management as a planning control has been around in Yarra Ranges since the early 1990s.
Why does my property have an EMO control on it?
The EMO identifies properties that have been affected by landslip in the past or which based on their slope angle and soil type could be affected by landslip in the future.
Having an EMO control on your property tells Council that the land is susceptible to landslip risk and guides how the land may be developed to reduce the potential for future landslip and to keep properties, their occupants and neighbours safe.
Over time, technological improvements provide information which improves Council’s knowledge of the management of properties with EMO.
Is the mapping of the EMO changing?
No, Amendment C217 is only making changes to the EMO schedule.
I don’t understand Planning Schemes or planning controls?
The Planning Scheme and control are complex, particularly if you have never needed to know about them before. Information on what this all means can be found on the Department of Transport and Planning website.
Why have I only got 4 weeks to make a submission?
The Planning and Environment Act 1987, sets out what Council must do when it comes to informing you about planning changes that impact your property. The minimum amount of time for allowing people to make submissions to amendments is one month.
Do I need to make submissions in writing or can it be a phone call?
The Planning and Environment Act 1987, states that all submissions must be made in writing. You can do this by completing this form or by emailing mail@yarraranges.vic.gov.au.
Do I still need a planning permit if I want to build on my property?
The planning scheme amendment seeks to simplify the structure of EMO and there are some new exemptions from planning permission proposed.
However, the planning scheme amendment has not removed the need for a planning permit for certain buildings, works and subdivision proposals.
You should still check with Council if you require a planning permit for your proposal as your property may have multiple overlays on it that require the need for a planning permit.
My house is already built, is this going to affect me?
If you are not intending to construct or carry out any new development or works on your property, the EMO planning scheme amendment is unlikely to affect you.
I have received a letter do I have to do anything?
While it is important for you to understand this letter, you do not necessarily need to do anything.
Under the Planning and Environment Act 1987 Council must inform all property owners and occupiers by mail if they have an EMO on their property about the proposed changes.
Can you explain what Medium risk means?
Currently a planning application within the EMO must demonstrate that the risk to property for a proposed development is ‘Low’.
This amendment (C217) proposes to increase the risk level to ‘Medium’ for most properties but remain ‘Low’ for critical property such as emergency services, schools and hospitals.
The risk level is assessed by a geotechnical engineer based on national guidelines. For example, low risk would mean the probability of a development being completely destroyed by a landslide is 1 in 1 million.
Under the proposed change to Medium risk, the probability of the house being destroyed by a landslide would need to be 1 in 100,000. This is still a very low probability, significantly lower than the risk to property from other hazards such as bushfire and tree fall.
Is Council accepting more risk?
Yes, Council is accepting more risk for some development than it currently does. However, the level of risk Council will now accept is being brought into alignment with other councils and is more consistent with risks associated with other hazards such as bushfire and falling trees/branches.
Note that the changes only apply to risk to property. Separate criteria currently used to assess risk to life will not change under amendment C217.
Where can I find further information?
An information session was held on June 28 and can be viewed on this page.
If you still require further information you can contact Council’s strategic planning team 1300 368 333.
Will this affect my property value?
Planning controls for landslides have been implemented across a number of local government areas in Victoria. There is no evidence to suggest the implementation of the EMO or subsequent amendments has had any impact upon property value. Furthermore, this amendment eases the requirements under the current EMO.
How will this affect my insurance?
Most home insurance policies exclude landslide, unless it is triggered by a storm.
Does vegetation and/or the removal of it affect landslides?
Vegetation is beneficial for landslide and slope instability because it helps reduce the amount of water in the ground through promoting surface water run-off and evapotranspiration.
Most landslides in Yarra Ranges are triggered by elevated water content in the ground, so maintaining vegetation cover is beneficial. However, the mapped extent of the Erosion Management Overlay does not factor in vegetation cover because vegetation can be lost, for example through bushfire or storms. Whilst beneficial, vegetation cannot be relied upon for long term landslide prevention.
Does drainage and run-off management help reduce water content in soil?
Given most landslides in Yarra Ranges are triggered by elevated water content in the ground, suitably designed drainage which helps prevent concentrated water infiltration into the ground is beneficial in helping to prevent landslide.
What's the difference between slippage and landslide?
These terms effectively mean the same thing – the movement of rock or soil down a slope under the action of gravity. The term used in the Victorian Planning scheme is landslip.
How is the amendment finalised?
There are a number of steps in the amendment process, including consideration of any submissions by an independent Planning Panel (if required), and final approval of the Amendment by the Minister for Planning.
When the amendment has been approved and gazetted by the Minister for Planning the new provisions will come into effect in the planning scheme and you will be notified when this happens.
Where can I find the mapping for the EMO?
You can view the zones and overlays that apply to your property through VicPlan. Amendment C217 does not propose to make any changes to the mapping of the EMO.
Does construction higher up a slope increase the risk of landslide lower down?
There is potential for construction on one site to affect an adjacent site and that's part of the reason why EMOs exist.
If the new construction triggers the requirement for a permit under the EMO, a geotechnical assessment or landslide risk assessment will be required which considers the risk to the proposed development and to adjacent sites. To meet the requirements of the EMO, the risk to adjacent sites must be assessed as tolerable.
Do you have a question?
Should you wish to discuss this matter further, please contact Kathy Baltas on 9294 6609 or email mail@yarraranges.vic.gov.au.