New Victorian planning permit exemptions to expedite combustible cladding rectification works

02 December 2019

Following on from our update on Cladding Safety Victoria (available here), the Victorian Government is taking further steps to address the issues faced by building owners and occupants in relation to combustible cladding.

On 26 November 2019, the Victorian Minister for Planning approved an amendment to the Victorian Planning Provisions (VPP) to facilitate the timely rectification of combustible cladding on buildings.

Amendment VC158

Amendment VC158 amends clause 52.01 of the VPP and all planning schemes. Under clause 52.01:

  • No permit is required to undertake rectification works where an emergency order, building notice or building order is issued under Part 8 of the Building Act 1993 (Building Act) to remove combustible cladding; and
  • An application made to amend a permit to comply with any emergency order, building notice or building order is issued under Part 8 of the Building Act for rectification of combustible cladding will be exempt from the notice and third-party review requirements under the Planning and Environment Act 1987 (the Act).

Why is the Amendment required?

The Victorian Building Authority has been tasked with issuing notices and orders to building owners under the Building Act to undertake cladding rectification works. The Building Act requires that in some circumstances a planning permit is required for the cladding rectification works.

The exemptions made under Amendment VC 158 will ensure building owners avoid the delays associated with the planning permit process and can rectify buildings affected by combustible cladding promptly, thereby making buildings safe for owners and occupiers faster.

How can we help?

HWL Ebsworth Lawyers acts on behalf of a variety of clients, including planning applicants, responsible authorities and objectors in a range of planning, environment and government matters. Our breadth of experience allows us to provide insightful advice to all permit application matters.

If you would like to discuss how this decision affects a proposed development, or any other matter, please do not hesitate to contact us.

This article was written by James Lofting, Partner and Madeleine Barlow, Law Graduate.

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