Until recently, the planning permit application requirements for managing stormwater within development and subdivision approvals has varied from Council to Council, largely dependent on the local planning scheme policy and whether it has or hasn’t provided for stormwater management.
On 26 October 2018 the State Government gazetted Planning Scheme Amendment VC154, modifying all of Victoria’s Planning Schemes to …. implement initiatives from Plan Melbourne 2017-2050 and Water for Victoria – Water Plan to enable the planning system to better manage water, stormwater and drainage in urban development.
The aim of the amendment is to improve water quality and reduce nutrient quantities in the water cycle. Specifically, the amendment:
- Renames and updates State and regional planning policy for catchment management, water conservation, water supply, sewerage and drainage;
- Inserts a new particular provision at Clause 53.18 Stormwater management in urban development which is now a new regulatory tool;
- Provides transitional provisions in Clause 55 (Rescode) so that applications lodged prior to 26 October 2018 are assessed under the previous planning scheme provisions;
- Amends Clause 55.03-4 (Permeability) to rename the standard ‘Permeability and stormwater management’ and to include a new stormwater purpose, application requirements and decision guidelines;
- Amends Clause 55.07 (apartment developments), Clause 56.07 (Integrated water management in subdivision) and Clause 58.03 (Site layout for apartment developments) to generally align with the new particular provision; and
- Amends Clause 73.01 (General terms) to insert a new general term and definition for ‘stormwater’:
The net increase in run-off from urban development due to water not being able to seep into the ground because of impervious surfaces, such as roofs and roads
Practitioners will likely be most interested in the new particular provision at Clause 53.18 and changes to Clauses 55, 56 and 58 (dwellings / subdivision / apartments development objectives and standards).
The purpose of new Clause 53.18 Stormwater Management in Urban Development is:
To ensure that stormwater in urban development, including retention and reuse, is managed to mitigate the impacts of stormwater on the environment, property and public safety, and to provide cooling, local habitat and amenity benefits.
These provisions relate to development proposals other than in the Farming Zone, Green Wedge Zone, Green Wedge A Zone, Low Density Residential Zone, Public Conservation and Resource Zone, Road Zone, Rural Activity Zone, Rural Conservation Zone, Rural Living Zone, Urban Floodway Zone or Urban Growth Zone, and also do not apply to:
- VicSmart applications;
- Constructing or extending one dwelling in a residential zone;
- Changes to existing buildings which create not more than 50 square metres gross floor area;
- Building or works not exceeding 50 square metres in gross floor area;
- Subdividing existing buildings;
- And a number of other exemptions…
The full list of exemptions is set out in Clause 52.18-1 and it is worthwhile checking the exemptions to understand whether or not the new provisions apply to your proposal. The new provisions will apply to a large proportion of applications for development, including numerous residential, commercial and industrial proposals.
For zones to which Clause 52.18 applies, objectives (must be met) and standards (should be met) are provided. The Clause 52.18 objectives for subdivision are:
To minimise damage to properties and inconvenience to the public from stormwater.
To ensure that the street operates adequately during major storm events and provides for public safety.
To minimise increases in stormwater and protect the environmental values and physical characteristics of receiving waters from degradation by stormwater.
To encourage stormwater management that maximises the retention and reuse of stormwater.
To encourage stormwater management that contributes to cooling, local habitat improvements and provision of attractive and enjoyable spaces.
The Clause 52.18 subdivision standards require a stormwater management system to be included in the development proposal, including (but not limited to):
- to meet the current best practice performance objectives for stormwater quality as contained in the Urban Stormwater – Best Practice Environmental Management Guidelines (Victorian Stormwater Committee, 1999).
- to ensure that flows downstream of the subdivision site are restricted to pre-development levels unless increased flows are approved by the relevant drainage authority and there are no detrimental downstream impacts.
- Designed to contribute to cooling, improving local habitat and providing attractive and enjoyable spaces.
The clause then sets out a number of engineering standards.
The Clause 52.18 buildings and works objectives are:
To encourage stormwater management that maximises the retention and reuse of stormwater.
To encourage development that reduces the impact of stormwater on the drainage system and filters sediment and waste from stormwater prior to discharge from the site.
To encourage stormwater management that contributes to cooling, local habitat improvements and provision of attractive and enjoyable spaces.
To ensure that industrial and commercial chemical pollutants and other toxicants do not enter the stormwater system.
The Clause 52.18 buildings and works standards require a stormwater management system to be included in the development proposal, including:
Meet the current best practice performance objectives for stormwater quality as contained in the Urban Stormwater – Best Practice Environmental Management Guidelines (Victorian Stormwater Committee, 1999).
Minimise the impact of chemical pollutants and other toxicants including by, but not limited to, bunding and covering or roofing of storage, loading and work areas.
Contribute to cooling, improving local habitat and providing attractive and enjoyable spaces
Stormwater management objectives and standards are also provided for site management of land including during construction, to control site runoff and contamination of land and water.
Similar to ResCode, the Standards may be varied where it can be proven to the satisfaction of the responsible authority that the objectives are met.
Changes to Clause 55.03-4 (now titled Permeability and stormwater management objectives) include objectives and standards which seek to meet the current best practice performance objectives for stormwater quality, to retain and reuse stormwater on site and absorb runoff.
Clause 55.07-5 (now titled Integrated water and stormwater management objectives) applies to apartment developments less than 5 storeys in height, and includes standards to:
– collect rainwater for non-drinking purposes such as flushing toilets, laundry appliances and garden use.
– connect to a non-potable dual pipe reticulated water supply, where available from the water authority.
– meet the current best practice performance objectives for stormwater quality as contained in the Urban Stormwater – Best Practice Environmental Management Guidelines (Victorian Stormwater Committee, 1999).
– maximise infiltration of stormwater, water and drainage of residual flows into permeable surfaces, tree pits and treatment areas.
Changes to Clause 58.03-8 (also titled Integrated water and stormwater management objectives) applies to apartment developments greater than 4 storeys in height. The standards of this clause are:
Buildings should be designed to collect rainwater for non-drinking purposes such as flushing toilets, laundry appliances and garden use.
Buildings should be connected to a non-potable dual pipe reticulated water supply, where available from the water authority.
The stormwater management system should be:
Designed to meet the current best practice performance objectives for stormwater quality as contained in the Urban Stormwater – Best Practice Environmental Management Guidelines (Victorian Stormwater Committee, 1999).
Designed to maximise infiltration of stormwater, water and drainage of residual flows into permeable surfaces, tree pits and treatment areas.
Amendment VC154 provides consistency across the state in the policy, objectives and standards for stormwater and integrated water management in development and subdivision proposals. There are a number of Councils who already have local planning policy for stormwater management, including policy “triggers” for various stormwater assessments, depending on the development scale.
For example, Moreland Planning Scheme has local planning policy at Clause 22.08 which, for a development of 2-9 dwellings, expects a Sustainable Design Assessment to be submitted including a STORM assessment (Melbourne Water’s online tool for managing stormwater impacts within a development proposal). This local policy also has an expiry clause, stating:
22.08-8 Expiry
This policy will expire on 30 June 2019, or earlier if it is superseded by an equivalent provision of the Victoria Planning Provisions.
The Stonnington Planning Scheme has local planning policy at Clause 22.18 Stormwater Management (Water Sensitive Urban Design) which applies to new buildings, extensions to existing buildings which are 50 square metres in floor area or greater, and subdivisions in a commercial zone. The policy includes Application Requirements, to describe what measures the proposal incorporates for water retention and reuse, water quality treatment measures, infiltration and passive irrigation measures. This policy also has an expiry clause which states:
22.18-7 Expiry
This policy will expire when superseded (as determined by the Minister for Planning) by Water Sensitive Urban Design provisions in the Victoria Planning Provisions or the Building Code of Australia Regulations, whichever happens first.
The changes to the Victoria Planning Provisions in Planning Scheme Amendment VC154 provide a strong policy framework and a statutory tool for ensuring stormwater management is considered in new proposals (where relevant). It does not appear to refer to specific assessment tools which existing local planning policies does, and has different assessment criteria for when stormwater assessments should be included in development proposals. It is arguable whether the changes in Planning Scheme Amendment VC154 have fully superseded existing local provisions such as the two policy clauses noted above, although there is undoubtedly significant overlap.
However, the Amendment has provided certainty across the state that relevant applications will require an assessment of stormwater impacts and measures, whereas previously a number of Planning Schemes did not have strong (or any) stormwater and water integration policy.
Ideally, individual local planning policy such as the Moreland, Stonnington (examples above), Yarra, Moonee Valley, Port Phillip etc. would now be amended to delete their overlapping WSUD policies, so that the state-wide policy can be implemented ‘consistently’ across all municipalities – fingers crossed.
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