The following is a list of frequently asked questions that have arisen following the recent introduction of the '2009 Bushfire Recovery' Clause into the Scheme. The answers have been prepared in broad terms and are suitable only as a response to general questions.

1. Is a planning permit required to construct a house destroyed by the recent bushfires?

The Bushfire Recovery Clause does not apply it the house is to be re-built to provide for permanent accommodation and the standard permit requirements and conditions in the Scheme would need to be met. However, a planning permit is not required to construct buildings as a place of temporary accommodation (for use by people whilst their homes are being rebuilt).

2. Is a planning permit required to construct a shed or other building destroyed by the recent bushfires?

Unless the shed is to be used for the purposes of temporary accommodation, or for uses directly associated with bushfire recovery, the Bushfire Recovery Clause would not apply. In other words, if the shed is merely to be used in the same fashion that it was prior to the recent bushfires, the normal permit requirements of the planning scheme would apply.

3. Is a planning permit required to construct a shed or other building to provide accommodation for those affected by the recent bushfires?

No. The Bushfire Recovery Clause provides that a building (such as a dwelling or shed)can be constructed and used as accommodation, provided that:

- the accommodation is temporary

- the construction of the building is completed prior to 31 March 2010

- the use ceases by 31 March 2011.

If the land is subject to one of Heritage Overlay, Floodway Overlay, Land Subject to Inundation Overlay, Special Building Overlay, Erosion Management Overlay, or Environmental Audit Overlay controls, written authorisation from Council is required before construction commences.

4. Is a planning permit required to construct a shed to store belongings or goods, or to house livestock, for people whose homes were destroyed in the recent bushfires?

No. The Bushfire Recovery Clause provides that a building, such as a shed, can be constructed for uses directly associated with bushfire recovery, provided that the construction of the building is completed prior to 31 March 2010.

Again, if the land is subject to any of the overlay controls listed in question 3 above, written authorisation from Council must be obtained before the commencement of construction.

This means that people whose homes were destroyed by the recent bushfires can construct, either on their own land or on land unaffected by the bushfires, a building to store their belongings or goods or to house their livestock.

We note that certain uses will fall outside the ambit of 'bushfire recovery'. For example, the Bushfire Recovery Clause would not apply to a shed constructed for crop raising or extensive animal husbandry in circumstances where these uses are unrelated to recovery efforts from the recent bushfires.

5. Is a planning permit required for the construction of multiple buildings that are to be used for bushfire recovery purposes?

No. The Bushfire Recovery Clause does not specify how many temporary buildings can exist on a lot. This means that more than one building can be constructed on a lot provided that:

- the buildings are only used to provide temporary accommodation or for uses directly associated with bushfire recovery

- the construction of the buildings is completed prior to 31 March 2010

- any use authorised by clause 52.38 ceases on or before 31 March 2011.

Again, the written authorisation of Council is also required in circumstances where the land is subject to any of the overlay controls listed in question 3 above.

6. Is a permit required to convert a temporary dwelling into an out building after it ceases being used for this purpose?

The Bushfire Recovery Clause provides that a building must not be used, after 31 March 2011, unless in accordance with the requirements of the Scheme. Accordingly, depending on the relevant provisions of the Scheme, a permit may be required for the use of the building after 31 March 2011.

7. Is a permit required to remove native vegetation from around a house during the clean-up of a site affected by the recent bushfires?

No. The Bushfire Recovery Clause provides that native vegetation can be removed, destroyed or lopped, provided that:

- the removal, destroying or lopping of the native vegetation is only to provide access to, make safe or remove building and demolition rubble from a property

- no native vegetation is removed, destroyed or lopped after 31 March 2010.

Again, the written authorisation of Council is also required in circumstances where the land is subject to any of the overlay controls listed in question 3 above.

The Bushfire Recovery Clause also authorises the removal of exotic vegetation, without apparent restriction.

8. Is a permit required to undertake works to facilitate bushfire recovery efforts?

No. The Bushfire Recovery Clause provides that works can be constructed or carried out, provided that:

- the works are only constructed or carried out for bushfire recovery

- the works are completed prior to 31 March 2010.

Again, the written authorisation of Council is also required in circumstances where the land is subject to any of the overlay controls listed in question 3 above.

An example of works undertaken to facilitate bushfire recovery efforts includes earth works undertaken to clear the land rubble or debris caused by the recent bushfires.