VicSmart Clause 59.08 – Decision Guidelines

59.08 – Applications Under a Special Building Overlay is the clause in local planning schemes that sets out the following for VicSmart planning applications:

• Clause 59.08-1 Information requirements – what you must provide to support your application and repeated in VicSmart Checklist 9: Minor subdivision or buildings and works within a Special Building Overlay.
• Clause 59.08-2 Decision guidelines – the decision guidelines by which the council assess your application.

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59.08 APPLICATIONS UNDER A SPECIAL BUILDING OVERLAY

59.08-2 Decision guidelines

31/07/2018 VC148
In assessing an application the responsible authority must consider as appropriate:

• Clauses 13.01 and 13.03 of the Planning Policy Framework.
• Whether the proposal is consistent with any local floodplain development plan for the area incorporated into this scheme.
• If a referral to the floodplain management authority is required, any comments from the relevant floodplain management authority.
• The existing use and development of the land.
• Whether the proposed use or development could be located on flood-free land or land with a lesser flood hazard outside this overlay.
• The susceptibility of the development to flooding and flood damage.
• The flood risk including:
  • The frequency, duration, extent, depth and velocity of flooding of the site and accessways.
  • The flood warning time available.
  • The danger to the occupants of the development, other floodplain residents and emergency personnel if the site or accessway is flooded.
• The effect of the development redirecting or obstructing floodwater, stormwater or drainage water and the effect of the development on reducing flood storage and increasing flood levels and flow velocities

 Source: Victoria Planning Provisions – VicSmart Clause 59.08 by the Department of Transport and Planning