Examples of Overlays and VicSmart applications

There are eighteen overlays listed in the Victorian Planning Provisions. The following are examples of the overlays in the VicSmart provisions and the types of applications affected:

Heritage Overlay (HO) The purpose of this overlay is to –

• To conserve and enhance heritage places of natural or cultural significance.
• To conserve and enhance those elements which contribute to the significance of heritage places.
• To ensure that development does not adversely affect the significance of heritage places.
• To conserve specifically identified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place.

You may have a VicSmart application if you are seeking any of the following classes of development:

• Subdivide land to realign the common boundary between 2 lots where the area of either lot is reduced by less than 15 percent and the general direction of the common boundary does not change.
• Subdivide land into lots each containing an existing building or car parking space where:
  • The buildings or car parking spaces have been constructed in accordance with the provisions of this scheme or a permit issued under this scheme.
  • An occupancy permit or a certificate of final inspection has been issued under the Building Regulations in relation to the buildings within 5 years prior to the application for a permit for subdivision.
• Subdivide land into 2 lots if:
  • The construction of a building or the construction or carrying out of works on the land is approved under this scheme or by a permit issued under this scheme and the permit has not expired.
  • The construction or carrying out of the approved building or works on the land has started lawfully.
  • The subdivision does not create a vacant lot.
• Demolish or remove an outbuilding (including a carport, garage, pergola, verandah, deck, shed or similar structure) unless the outbuilding is identified in the schedule to the Heritage Overlay.
• Demolish or remove a fence unless the fence is identified in the schedule to the Heritage Overlay.
• Externally alter a non-contributory building.
• External painting.
• Construct a fence.
• Construct a carport, garage, pergola, verandah, deck, shed or similar structure.
• Construct and install domestic services normal to a dwelling.
• Construct and install a non-domestic disabled access ramp.
• Construct a vehicle cross-over.
• Construct a domestic swimming pool or spa and associated mechanical equipment and safety fencing.
• Construct a rainwater tank.
• Construct or display a sign.
• Lop a tree.
• Construct or install a solar energy facility attached to a dwelling

Environmental Significance Overlay (ESO) The purpose of this overlay is –

• To identify areas where the development of land may be affected by environmental constraints and to ensure that development is compatible with identified environmental values.

You may have a VicSmart application if you are constructing a fence, removing, destroying or lopping one tree in an Environmental Significance Overlay.

Vegetation Protection Overlay (VPO) The purpose of this overlay is –

• To protect areas of significant vegetation.
• To ensure that development minimises loss of vegetation.
• To preserve existing trees and other vegetation.
• To recognise vegetation protection areas as locations of special significance, natural beauty, interest and importance.
• To maintain and enhance habitat and habitat corridors for indigenous fauna.
• To encourage the regeneration of native vegetation

You may have a VicSmart application if you are removing, destroying or lopping one tree in a Vegetation Protection Overlay.

Significant Landscape Overlay (SLO) The purpose of this overlay is –

• To identify significant landscapes. To conserve and enhance the character of significant landscapes.

You may have a VicSmart application if you are constructing a fence, removing, destroying or lopping one tree in a Significant Landscape Overlay.

Design and Development Overlay (DDO) The purpose of this overlay is –

• To identify areas which are affected by specific requirements relating to the design and built form of new development. A schedule to this overlay must contain a statement of the design objectives.

You may have a VicSmart application if you are constructing a fence in a Design and Development Overlay.

Neighbourhood Character Overlay (NCO) The purpose of this overlay is –

• To identify areas of existing or preferred neighbourhood character.
• To ensure that development respects the neighbourhood character.
• To prevent, where necessary, the removal of buildings and vegetation before the neighbourhood character features of the site and the new development have been evaluated.
• A schedule to this overlay must contain a statement of the key features and objectives of the neighbourhood character.

You may have a VicSmart application if you are constructing removing, destroying or lopping one tree in a Neighbourhood Character Overlay.

Special Building Overlay (SBO) The purpose of this overlay is –

• To identify land in urban areas liable to inundation by overland flows from the urban drainage system as determined by, or in consultation with, the floodplain management authority.
• To ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity.
• To protect water quality in accordance with the provisions of relevant State Environment Protection Policies, particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria).

You may have a VicSmart application in a Special Building Overlay and you are seeking to:

• Construct a building or construct or carry out works
• Any of the following classes of subdivision:
  • Subdivide land to realign the common boundary between 2 lots where the area of either lot is reduced by less than 15 percent and the general direction of the common boundary does not change.
  • Subdivide land into lots each containing an existing building or car parking space where:
    • The buildings or car parking spaces have been constructed in accordance with the provisions of this scheme or a permit issued under this scheme.
    • An occupancy permit or a certificate of final inspection has been issued under the Building Regulations in relation to the buildings within 5 years prior to the application for a permit for subdivision.
  • Subdivide land into 2 lots if:
    • The construction of a building or the construction or carrying out of works on the land is approved under this scheme or by a permit issued under this scheme and the permit has not expired.
    • The construction or carrying out of the approved building or works on the land has started lawfully.
    • The subdivision does not create a vacant lot.

Parking Overlay (PO) The purpose of this overlay is –

• To facilitate an appropriate provision of car parking spaces in an area.
• To identify areas and uses where local car parking rates apply.
• To identify areas where financial contributions are to be made for the provision of shared car parking.

You may have a VicSmart application if you are seeking to reduce the required number of car parking spaces specified in the schedule to Clause 45.09 in your local planning scheme by no more than 5 car parking spaces under a Parking Overlay.

 Derived from Victoria Planning Provisions by the Department of Transport and Planning