Planning Amendment C97 inadvertently removed from the Schedule to Clause 51.03 permit requirements in relation to earthworks. This earlier amendment had enabled earthworks to occur in the rural areas of the Shire up to 1m in height/depth without triggering planning permit considerations. This had resulted in some properties taking the opportunity to place Clean Land Fill earthworks across their properties without requirement for planning permit.
Planning Amendment C166 wasapproved by the Planning Minister & adopted into the Yarra Ranges Planning Scheme on 29/08/2019. This re-introduced the Earthwork Planning Permit triggers into the Schedule of Clause 51.03, meaning Earthworks in excess of 1m height, and/or earthworks which exceeded 4000m² in area (irrespective of height) again triggered planning permit consideration.
Planning Amendment C148 came into effect on 01/12/2022, and this recent planning amendment has again removed the previous Earthworks triggers in excess of 1m height/depth or exceeding 4000m² in area from being a planning permit triggers under Clause 51.03.
If you are considering earthworks on your property, I recommend contacting Council to determine the effect of this recent planning amendment to your proposal. It may be that planning permit for the earthworks may not be required, provided they are not triggered under the zoning of the property, new Significant Landscape Overlays or another Overlay as applicable to your site.
My office could assist with any planning application, should it be required.
