In August this year, the Minister for Planning introduced new exemption provisions that allow for vegetation around existing houses and along fences to be removed for bushfire protection purposes, without the need for a planning permit.

These exemptions are commonly known as the 10/30 and the 10/50 rule and apply to houses and fences constructed before 10 September 2009. The rule allows for a defendable space to be created around existing buildings and along fence lines.

The new exemptions are more prescriptive than they were previously. They now only apply to land within a designated bushfire prone area – or the Bushfire Management Overlay under the Manningham Planning Scheme – unlike the previous exemptions which applied across the whole municipality.

If you are considering clearing vegetation to protect your home or fences from bushfires, you need to be familiar with the new exemption provisions before you remove any vegetation. In instances where an exemption to remove vegetation does not exist, you may need to obtain a planning permit before the vegetation is removed.

To find out whether your property is within a Bushfire Prone Area, visit the Department of Environment, Land, Water and Planning’s website and enter your address to produce a report with this information.

You can also determine if a clearing exemption applies to your property by visiting:

• Fact Sheet: Vegetation Clearing Exemptions – Bushfire Protection - Department of Environment, Land, Water and Planning (State Government).
• Clause 52.12 (Bushfire Protection: Exemptions) - The relevant Clause in the Manningham Planning Scheme, which details where and how exemptions apply in Manningham.

If you would like to know more about the exemptions or on the requirements for a planning permit to remove vegetation, please contact our Statutory Planning Unit on 9840 9470.