The Melbourne Planning Scheme is a public document that sets out the way land can be used and developed in the municipality. It zones land for different uses, and applies overlays to particular properties or precincts to manage growth and change.

The Melbourne Planning Scheme is a living document that is regularly updated to reflect evolving priorities for and knowledge about the city.

Changes to the Scheme are called amendments and the process is set out in the Planning and Environment Act 1987 (the Act).

An amendment may involve a change to a planning scheme map (for example: adding a new overlay), a change to the written part of the scheme, or both. Generally, amendments to the planning scheme change the way land can be used or developed and can also change the basis for making planning decisions in the future.

Unless the Minister for Planning deems it unnecessary, a planning scheme amendment generally involves consultation with affected parties, through a formal exhibition. If Council cannot resolve matters raised by submitters, an independent Planning Panel will hear arguments for or against the proposed changes to the Planning Scheme.

Within the Melbourne Planning Scheme specific sites or areas are mapped within zones, and may also be covered by one or more overlays. An overlay indicates to property owners, developers and statutory authorities additional provisions that apply to a parcel of land (such as heritage significance, built form controls, environmental sensitivity or flooding). Many overlays have schedules (e.g. LSIO1 or LSIO2) to specify local objectives and requirements. They are generally in place to protect special attributes of the place or guide the design of buildings.

In accordance with Melbourne Water’s recommendations of realistic impacts of climate change, the following data was incorporated into the new flood modelling:

• The 1% Annual Exceedance Probability (AEP) flood event (a large flood event having a 1% chance of occurring in any given year).
• An 18.5% increase in rainfall intensity by the year 2100.

The Melbourne Planning Scheme is proposed to be updated as follows:

The Land Subject to Inundation Overlay (LSIO) will be updated for flooding associated with the Moonee Ponds Creek and the Yarra River.

The Special Building Overlay (SBO) will be updated for flooding associated with Melbourne Water Main Drains (Arden, Macaulay, Moonee Ponds Creek, Elizabeth Street, Fishermans Bend, Hobsons Road and Southbank areas.

Council will introduce a SBO3 which will identify flooding from the council underground drainage system.

New schedules will be introduced which specify local objectives and requirements for the different types of flooding in the municipality.

Two Guideline documents will be referenced in the Schedules to the Overlays as Background Documents, they are:

• Guidelines for Development in Flood Prone Areas (DELWP); and
• The Good Design Guide for buildings in Flood Affected Areas in Fishermans Bend, Arden and Macaulay.

In the City of Melbourne, most building developments require a Planning Permit. The inundation overlays will prompt the early consideration of flood risks in the planning process.

The assessment will be undertaken by either Council’s engineering department or Melbourne Water, depending on the type of overlay.

Generally, the assessment relates to the ground floor and basement levels of new buildings.

Applicants will be made aware of what their building design must mitigate against with relation to potential flooding (e.g. raising the floor level, basement entry, lift access etc.).

The Minister for Planning has authorised the City of Melbourne to exhibit proposed amendment C384.

As part of the amendment process, affected owners, occupiers, Aboriginal Traditional Custodians and prescribed ministers have been notified of the 'exhibition period’ and have an opportunity to review the proposed changes to the Melbourne Planning Scheme to ask questions and to make a formal submission.

All submissions will be considered by Council at its Future Melbourne Committee meeting (FMC). Under the Planning and Environment Act 1987, the FMC can decide whether to make the changes requested by submitters, abandon the amendment, or request that the Minister for Planning appoint an independent panel to review and hear submissions.

Before making a final decision on the amendment, Council will consider the independent panel’s advice. If the amendment is adopted by Council, then it will be submitted to the Minister for final approval.

This process usually takes more than 18 months.

For questions relating to the amendment process and planning permit implications of it, contact Council’s Planning Policy team on planningpolicy@melbourne.vic.gov.au or 9658 9658.

For details regarding the proposed Schedule 2 to the Special Building Overlay (SBO2), Schedule 3 to the Land Subject to Inundation Overlay (LSIO3) or how to apply for a Flood Certificate or Pre- Application advice regarding your property in the flood affected area contact Melbourne Water on 131 722.

For technical or property specific queries about the proposed Schedule 3 to the Special Building Overlay (SBO3) (such as flood levels and impacts or required floor levels) , contact Council’s Infrastructure and Assets Department on 9658 9658 or enquiries@melbourne.vic.gov.au.

For anything else, contact City of Melbourne Customer Service on 9658 9658 (English speakers) or 03 9280 0726 (language interpreter).

Planning permits will not have to be resubmitted. However, if the site is affected by a proposed inundation overlay, applicants will be strongly advised to discuss with Melbourne Water or Council’s Infrastructure & Assets (depending on the type of overlay) to avoid future changes at Building Permit stage (which may then require amending the planning permit).

Building Permits will not need to be re-submitted or amended if they were issued before 19 July 2021. Where a Building Permit has not been issued before 19 July 2021, the RBS must consider the current information held by Council, and if the inundation overlay affects the allotment, then pursuant to Regulations 153 and 154, the Report and Consent of Council must be obtained before a building permit can be issued. If this results in a change in the finished floor level, an amendment to the Planning Permit may be required.

The Panel will hear this matter in an open forum, consistent with its obligation to conduct hearings in public.

To observe proceedings, you can access the live stream at Melbourne C384melb - Hearing

If you have any questions, please contact Planning Panels Victoria at planning.panels@delwp.vic.gov.au and quote Amendment Melbourne C384melb.

As with in-person hearings, please be advised that the Hearing must not be recorded in any part or in any way without permission from the Panel. This includes audio and video recording.

The Amendment C384 Panel hearing will be held from Monday 17 October to Friday 28 October 2022. See the hearing timetable (PDF 345 KB).