53.02-6 Bushfire Prone Area: New planning rules

On 5 May 2026, the state planning rules were updated by amendment VC248 and part of the rule changes now effect properties in the Bushfire Prone Area (BPA).  The BPA applies to all bushfire prone land without specifying the degree of bushfire risk. Land that is at extreme risk of bushfire in the BPA is also in the Bushfire Management Overlay (BMO).  

The clause 53.02-6 Bushfire prone area decision guidelines were introduced to ensure that site-based bushfire protection measures are considered as appropriate, including:

–      siting and design

–      building setback from the bushfire hazard

–      defendable space vegetation management

–      vehicle access design and construction

–      static water supply

–      emergency management arrangements.

Find out if your property is in the BPA – visit VicPlan

What types of application does the bushfire prone area decision guidelines apply to?

The bushfire prone area decision guidelines (decision guidelines) apply if:

- a planning application is required under another provision of the planning scheme, and

- the land is in a bushfire prone area but not in a Bushfire Management Overlay, and

- and the application is for:

·     a building or works associated with:

o    accommodation (dwellings, small 2nd dwellings, etc)

o    education centre

o    hospital

o    indoor recreation facility

o    major sports and recreation facility or

o    place of assembly.

·     the subdivision of land.

Like the former ‘use and development control’, there are no exemptions. 

The decision guidelines do not apply if there is no planning permit trigger.

Essentially, if your land is in the BPA, but NOT under a BMO and you trigger a planning application because of your zoning, other overlays or type of development, then you now need to apply the BPA rules as well IF you are planning any of the above types of works.

Confused? Call us, we can help!  Or keep reading, more info below.

What information may councils require when assessing the application?

The information required will depend on the site context and landscape risk.

General bushfire information

General information on the bushfire hazard and the site context maybe a useful starting point. For some applications, general information may be sufficient to apply the decision guidelines.

General information could include:

• Landscape type identification – provides a general idea of the bushfire hazard and risk from the broader landscape by identifying the landscape type – see Bushfire Hazard Assessments - Guideline (DTP, May 2026).

• Bushfire Attack Level (BAL) Assessment – under the building regulations, a site assessment will be prepared to identify the future construction standard for many buildings. This assessment will provide information on the vegetation type, slope and the setback from the hazardous vegetation, which can help inform how a fire may behave, that is, a fire may speed up or slow down. A fire can have greater or lesser intensity depending on the fuel it consumes or the distance it has to travel to a location.

• The local context – urban area versus rural area, proximity of an urban site to the hazardous vegetation, the presence of fuel breaks that are likely to be maintained and whether there is access to a street fire hydrant.

• Whether there is reliable access to areas in the wider surrounds where human life can be better protected from a bushfire refer to the Bushfire Hazard Assessments - Guideline (DTP, May 2026)

• Prior strategic planning bushfire assessments - a prior planning scheme amendment may have included the assessment of bushfire conditions that is relevant to the site.

• Other planning provisions - bushfire requirements may apply under different planning controls, for example a Development Plan Overlay, Design and Development Overlay or local policy. If this is the case, it’s likely that meeting these requirements will also respond to the decision guidelines.

What are the decision guidelines?

Dwellings and small second dwellings

• Whether a static water supply for bushfire firefighting is required having regard to the size of the lot, proximity to a hydrant and connection to reticulated water. See Table 6 – Bushfire prone area water supply capacity, fittings and access requirements.

• If a vehicle accessway is greater than 30 metres in length or the relevant fire authority requires access to the static water supply on the land, whether the access design and construction requirements set out in Table 3 to clause 53.02-5 should be met.

For specific advice regarding your proposed works, the potential static water supply and access requirements please give us a call.

Subdivisions

New subdivisions should reduce the vulnerability of communities to bushfire by ensuring that future buildings will be setback acceptably from the bushfire hazard and consider whether additional bushfire protection measures are required to reduce the bushfire risk.

For advice regarding sub-division please call or email, the information and decision guidelines are far too lengthy to put here.

Some tables to keep you going ....

Table 6 Bushfire prone area water supply capacity, fittings and access requirements.

Note:

• A hydrant is available if it is located within 120 metres of the rear of the building.

• The static water supply required to meet bushfire fighting is in addition to any water needed for other firefighting purposes including in other provisions.

For more information you can contact us or if you like to do your own research the Victorian Government Dept. of Environment and Planning has lots of info too.