What is an overlay?

For the purposes of completing your application, you only need to know whether or not an overlay applies to the land.

While the primary method of organising land in Victoria divides areas into zones, there secondary method, which only covers certain areas of Victoria, and are called overlays. These are managed by local government via maps in the planning scheme. These overlays apply special controls over land, such as to protecting heritage under a Heritage Overlay or manages flood areas through the Special Building Overlay. Sometimes local government need referrals from other bodies, such as Heritage Victoria or Melbourne Water before or during the permit application assessment process.

The planning scheme map may show that a piece of land has an overlay as well as a zone affecting it. Not all land has an overlay. Some land may be affected by more than one overlay. If an overlay applies, the land will have some special feature such as a heritage building, significant vegetation or flood risk. The Heritage Overlay, for example, applies to heritage places of natural or cultural significance and describes the requirements that apply.

Overlay Map Legend
HO – Heritage Overlay

The overlay information will indicate if a planning permit is required for the construction of a building or other changes to the land. For example, if a Heritage Overlay applies, a planning permit is required to demolish an existing building. The Heritage Overlay requires council to consider, before it grants the permit, whether the demolition of the building will lessen the significance of the heritage place. An overlay may specify information which must be submitted with an application for a planning permit.

Permit triggers also exist elsewhere in the planning scheme, in Zones and Particular Provisions.

Image Source: Search for a Planning Report Derived from: Guide to Victoria’s Planning System by the State of Victoria