Statutory planning

Whether you're planning to build a home, extend your house, subdivide land, remove native vegetation or start a business, we'll help you find the right planning information and next steps. 

What would you like to do?

Remove native and non-native vegetation

Native vegetation removal

If you want to remove native vegetation, including trees, shrubs and grasses, you may need a permit from Council. Penalties can apply for removing native vegetation without a permit. Make sure you know if a permit is needed before you start removing any native vegetation.

There are special controls in Victoria which ensure removing native vegetation doesn’t have a negative effect on biodiversity.

These controls aim to:

  • Avoid removal of native vegetation which makes a significant contribution to biodiversity.
  • Minimise the impact on Victoria’s biodiversity.
  • Ensure an offset is provided ie. planting native vegetation equal to that which was removed.

You may not need a planning permit if:

  • You are removing dead vegetation with a trunk diameter of 40 cm or less at a height of 1.3 m above ground level.
  • You are doing certain building works while constructing a home.
  • You are removing the native vegetation to enable:
    – The operation or maintenance of an existing fence.
    – The construction of a boundary fence between properties in different ownership.

    Please note: The clearing along both sides of the fence when combined must not exceed four metres in width, except where land has already been cleared four metres or more along one side of the fence, then up to one metre can be cleared along the other side of the fence.

  • You are implementing fire protection measures.
  • The vegetation is on land less than 0.4 hectares in under the same owner.

A more detailed and thorough description of all of the exemptions from requiring a permit to remove native vegetation can be found at the Victoria state government's Exemptions from requiring a permit webpage.

We strongly recommend you contact our statutory planning team to clarify if a permit is required on 5348 2306 and ask for planning.

Biodiversity information and site assessment 

If you need a planning permit to remove native vegetation, you must include a biodiversity assessment report in your permit application. Find out how to obtain this report by visiting Biodiversity information and site assessment.

Permit application checklist

If you want a permit to remove, destroy or lop native vegetation, you must submit the following information with your application:

  • Biodiversity information and site assessment. 
  • Recent dated photographs of the native vegetation to be removed.
  • Topographic information.
  • A copy of any property vegetation plan that applies to the site.
  • Where the removal, destruction or lopping of vegetation is to create defendable space, a statement explaining why it is required, when other available bushfire risk mitigation measures have been considered.
  • Details of any other native vegetation permitted to be removed.

To find out more about state-wide rules regarding the removal of vegetation visit Native vegetation removal regulations.

Non-native vegetation removal

Under some Hepburn Planning Scheme overlays, there is a requirement for a permit to remove, destroy or lop any vegetation, including dead vegetation.  These overlays include the Environmental Significance Overlay (ESO), Neighbourhood Character Overlay (NCO) and Heritage Overlay (HO).  

Exemptions can apply, including in the event of emergency works, fire protection or if the vegetation is considered a noxious weed under Section 58 or Section 58A of the Catchment and Land Protection Act 1994. You can find a consolidated list of declared noxious weeds on the Agriculture Victoria website. Please note that the exemption may be subject to an assessment in the form of an arborist's report or a site visit from a Council officer. 

Understand bushfire controls

Click the links below for further information on bushfire controls related to planning and building. 

Bushfire Management Overlay

Bushfire Prone Areas

Build in a water catchment area

What is a water catchment area

A water catchment is an area of land where rainwater collects. 

Land capability assessments and special water catchment areas

A special water catchment is an area where water is collected by the natural landscape. In a catchment, all rain and surface water eventually flows to a creek, river, lake or ocean, or into the groundwater system.

Drinking water for many of the towns within the Hepburn shire is sourced from natural waterways.

If this source becomes contaminated, the safety of our drinking water supplies can be affected.

There are tight controls on developing land in drinking water catchment areas as poorly planned development can pose a risk to the quality of both surface water and groundwater supplies.

The Hepburn Planning Scheme includes the Environmental Significance Overlay (ESO) that triggers a requirement to obtain a planning permit for a number of developments that may pose a risk to water quality.

Any application for planning permit that involves the development of a new dwelling that is not connected to a reticulated sewerage system and where a septic/wastewater management system is required to be installed, a Land Capability Assessment (LCA) is required to be submitted with the planning application.

A LCA is a report that assesses the viability of onsite wastewater management on a site where there is no reticulated sewerage.  They are detailed written reports that assess various aspects of development sites, including the way it is proposed to be developed in the absence of reticulated sewer. The primary focus of a LCA is to determine the viability of onsite wastewater management by considering the risks presented to public health, environment, and local amenity. A LCA provides vital information on site-specific limitations for onsite wastewater management, as well as suitable management strategies to reduce impacts of the system on its surrounds.

An onsite wastewater management system or ‘septic tank system’ as stated in the Environment Protection Act 1970, is required where reticulated sewer is not available. A septic tank system is a system for the bacterial, biological, chemical or physical treatment of sewage and includes all tanks, beds, sewers, drains, pipes, fittings, appliances and land used in connection with the system. This definition is provided in that act, along with other legal requirements for onsite wastewater management systems.

The objectives of an LCA are listed in the Code of Practice – Onsite Wastewater Management 2016 to include:

  • Assess the capability of the site to sustainably utilize and manage wastewater within the allotment boundaries.
  • Assess the capability of catchments to sustainably utilize and manage wastewater within sub-catchments or specific regions (where applicable).
  • Determine high risk and sensitive areas within allotments and within catchments.
  • Gather the relevant geographical and social information to adequately inform the process of designing the best practicable and most sustainable type of onsite wastewater treatment and effluent recycling/disposal system that should protect the health of the householders and the community and protect the local environment from pollution.
  • Formulate a sustainable management plan that:
    • Must be carried out by the property owner to ensure that impacts on the environment or public health do not occur or are minimised.
    • Will ensure the beneficial re-use of the treated water, organic matter and nutrients (where applicable).

When is a Land Capability Assessment (LCA) Required?

A LCA is required to support all applications to subdivide land, build a new dwelling or extend an existing dwelling that will result in additional bedrooms, or rooms that could be used as a bedroom (studio/office) in unsewered areas of the Hepburn shire.

The LCA will need to be submitted with the planning permit application, and it must provide sufficient detail about wastewater management and demonstrate that wastewater can be maintained within the allotment boundaries.

For more information go to the EPA Victoria website.

Subdivide land

Start or expand a business

Other popular planning tasks

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Forms, fees and checklists

Section 173 Agreements

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