Councillors voted unanimously at the 9 May 2023 meeting to support a Planning Scheme Amendment C217 for the Erosion Management Overlay which, if approved, will result in updated planning controls that meet current Australian guidelines and enable more flexibility when considering planning applications in landslip locations.
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.
Amendment C217 proposes to amend the current EMO schedule to make it more streamlined and user friendly by simplifying its structure and including new exemptions for more minor proposals. The amendment will also ensure the risk provisions in the schedule are consistent with the guidance provided in the AGS 2007 (Australian Geomechanics Society Practice Note Guidelines for Landslide Risk Management) by accepting 'moderate' property risks in particular circumstances.
Currently any planning application for a property that has an EMO has to be risk assessed from a landslip perspective.
Council currently applies the low/very low threshold for planning applications which means that the level of risk faced by a development is judged the same whether the application be for a hospital, or a shed. The proposed changes include raising that threshold to moderate in particular circumstances, subject to a planning permit.
Yarra Ranges Mayor Councillor Jim Child said the risk aspect of the current EMO impacted some residents when it came to rebuilding after the June 2021 storm.
"This update to the EMO, which has already been approved in other municipalities by the Department of Planning and Transport recently, will bring us in line with the recommendations from the AGS and if approved will mean that we can assess the level of risk to the property with the type and use of structure being built.
"We will now ask the State Government if we can proceed with the PSA. Following that we will write to all residents who currently have an EMO on their property with details about how to make a submission on the amendment proposal.
"Council will also hold some webinars to assist impacted residents understand what this process is, what it means to them and how to make a submission if they wish to do so.
"We hope that if approved, this PSA will help our storm-affected community to build back better," said Cr Child.
The funding to undertake the review came from the Federal Government's Preparing Australia Communities.
