Alerts

Amendment C196more

Project progress
  1. AuthorisationAuthorisation
  2. ExhibitionExhibition
  3. Consider public submissionsConsider public submissions
  4. Panel hearingPanel hearing
  5. Panel reportPanel report
  6. Council decisionCouncil decision
  7. Submit to MinisterSubmit to Minister
  8. Final decisionFinal decision

Council is proposing to apply a Special Building Overlay - Schedule 2 (SBO2) to properties affected by stormwater overland flows in the city's local drainage areas.

In 2023 Council had expert drainage engineers prepare an updated stormwater map. The map shows the affected land. A 1 in 100-year storm has a one percent chance of happening in any year.

After property owners were consulted, the map was designated for the Building Regulations 2018 in November 2023 and is now being used to inform building permits.

Amendment C196more puts the updated stormwater map in the Merri-bek Planning Scheme as a SBO2 so it can be used to inform planning permits.

There is already an SBO Schedule 1 (SBO1) in the Planning Scheme for Melbourne Water’s larger, regional drainage areas in Merri-bek. There are SBOs in many other Planning Schemes as well.  

About the Amendment 

Exhibition and Submissions

Amendment C196more was publicly exhibited from Thursday, 16 May to Monday, 17 June 2024. Thank you to those who made a submission. 

Copies of redacted submissions to the amendment can be viewed below:

Land affected by Amendment C196more

Use the interactive map below to see if your property is affected by Amendment C196more. This window will open in a new page.

The map is best seen on a desktop or laptop computer.

C196more Interactive Map

Frequently asked questions

Below is a list of frequently asked questions about Amendment C196more.

  • Amendment C196more proposes to introduce the Special Building Overlay Schedule 2 (SBO2) into the Merri-bek Planning Scheme.

    The SBO2 is for the city’s local drainage areas, where Council is the drainage authority, for land affected by stormwater overland flows from a 1 in 100-year storm event.

    There is already an SBO Schedule 1 (SBO1) in the Planning Scheme for Melbourne Water’s larger, regional drainage areas in Merri-bek. There are SBOs in many other Planning Schemes as well.  

  • In 2023 Council had expert drainage engineers prepare an updated stormwater map. The map shows the affected land. A 1 in 100-year storm has a one percent chance of happening in any year.

    After property owners were consulted, the map was designated for the Building Regulations 2018 in November 2023 and is now being used to inform building permits.

    The next step is to put the updated stormwater map in the Merri-bek Planning Scheme as an SBO2, so it can be used to inform planning permits.

  • The map was prepared by expert drainage engineers who have prepared similar stormwater maps for other municipalities.

    An initial map was prepared in 2021 and shared with property owners. Then, Melbourne Water and the expert engineers did work so the map could be refined. This led to an updated stormwater map being prepared in 2023, and again being shared with property owners.

    Property owner feedback in 2021 and 2023 has been important for the map’s development. This feedback helped to create the updated stormwater map that is now being used for the SBO2.

    If you would like to find out more information about the process to create the stormwater map or the outcomes of previous consultation please visit our Conversations Merri-bek page. 

    See Stormwater map for Land Development

  • Having an SBO2 means a planning permit is needed to develop land affected by the 1 In 100-year storm event.

    The SBO2 helps property owners, building surveyors, and architects to design new buildings and structures away from places where stormwater affects land.

    The SBO2 will only be used if you want to build on your land.

  • The SBO1 is for 1 in 100-year stormwater flows affecting land in Melbourne Water's regional drainage areas in Merri-bek. The map for Melbourne Water’s areas is already part of the Planning Scheme.

    The SBO2 is for 1 In 100-year stormwater flows within Council's drainage areas.

  • If the SBO2 applies to your property, you will need to make an application to Council for a flood level certificate. This information tells you the estimated flood level for your property. You would then give this information to your building designer who will consider how to best manage the 1 in 100-year risks and prepare preliminary plans. Once these plans have been prepared, you can then apply for a planning permit with Council.

    We recommend contacting Council’s Urban Planning team on 9240 1111 to discuss the proposal’s preliminary plans. Do this before submitting a permit application.

  • Property rates are not affected by the SBO. For more information about the calculation of property rates, visit Understand your rates and waste charge.

Find out more

If you would like to find out more about Amendment C196more, please contact Strategic Planning by emailing StrategicPlanning@merri-bek.vic.gov.au or on 9240 1111

If you would like to find out more information about the process to create the stormwater map or the outcomes of previous consultation please visit our Conversations Merri-bek page. 

See Stormwater map for Land Development

Progress Made

UPDATE #1

At its 14 August 2024 council meeting, Council resolved:

That Council:

1. Defers Council's consideration of referring Amendment C196more to the Planning Panel to consider the introduction of Special Building Overlay Schedule 2 until February 2025 to allow consideration of late submissions.

2.  Sends a further letter to owners whose properties are proposed to be added to the Stormwater Flood Map, which advises property owners they can request a site inspection if they are concerned there is a reason their property should not have been added to the map.

3. Ensures that the letter indicates how people can access this information in other languages, including interpreter and accessibility options for people who have learning difficulties, cognitive disabilities, literacy or other issues that impede their ability to understand the communication from council.

4. Notes that additional funding may need to be sought through the Quarterly Budget Review, to cover the costs of a further mailout and any further site inspections.

Council is currently acting on this resolution.

Privacy

Please be aware that we collect information from organisations and individuals during the planning scheme amendment process through submissions made to an Amendment. Submissions may be handwritten, electronic (both written and audio-visual), and often contain images, maps, and plans. Submissions frequently contain personal information which at times may be sensitive for commercial, health, or other reasons.

Natural justice and transparency are important parts of the Planning Scheme Amendment process. Council must make all submissions to an Amendment available for any person to inspect at its offices for a period of two months after the Amendment is finalised. This is a requirement of the Planning and Environment Act 1987. This includes all personal information such as names, address details, phone numbers email addresses. Your submission may also be emailed or posted to interested parties during the Planning Scheme amendment process.

We use submissions when assessing the Amendment and summaries of your submission are included in any Council report that considers the Amendment following the close of the exhibition. Your submission will also be used and disclosed in the public process of a Panel Hearing if one is required. Any submission forwarded to Planning Panels Victoria will be managed in accordance with their privacy policy.

Publication of Submissions on our website

We will make all submissions available to view online on its website during the Planning Scheme Amendment process. All submissions made available online will be redacted to remove personal names, telephone, and address details. Submissions will be removed from the website once the Amendment is finalised.

Use of your personal information

In accordance with the 'Privacy and Data Protection Act 2014 (VIC)' and 'Health Records Act 2001 (VIC)' the personal information submitted by you is being collected by Merri-bek City Council for the submission process and it will not be disclosed to any other external party without your consent, except as a requirement of the 'Planning and Environment Act 1987 (VIC)'. If we provide a copy of your submission to another person, we will provide a disclaimer that it is made available for the purpose of the planning scheme amendment process as set out in the Planning and Environment Act 1987 and that the information must not be used for any other purpose or distributed to another party or published online.

If you do not provide your name and address Council will not be able to consider your submission.

You can gain access to your personal information you have provided to Merri-bek City Council and if you wish to alter it, please contact Council’s Privacy Officer via telephone on 9240 1111 or e-mail at PrivacyOfficer@merri-bek.vic.gov.au

You can find more information regarding privacy on our Privacy page.