When applying for a planning permit to develop land in Victoria within an open, potable water supply catchment, the application must have regard to the Guidelines for Planning Permit Applications in Open, Potable Water Supply Catchment Areas (Guidelines). A potable water supply catchment provides water resources to a reservoir (or water storage) used primarily for domestic water supply purposes.

In May 2009, new Guidelines were released to replace the Interim Guidelines dated August 2000.

The key changes include:

  1. Reference to the Precautionary Principle:

    The Guidelines now make reference to the precautionary principle. The precautionary principle as applied to planning decisions states that where uncertainty or ignorance exists as to the nature or scope of environmental harm, decision makers should be cautious when considering planning applications. It is directed towards the prevention of serious or irreversible harm to the environment in situations of scientific uncertainty.

    The Guidelines describe the proper application of the precautionary principle and make clear that the principle requires the consideration of the cumulative risk of the adverse impact of onsite waste water/septic tank systems on water quality in open, potable water supply catchments resulting from increased dwelling density.
    This is consistent with the Supreme Court decision in Western Water v Rozen & Anor [2008] VSC 382. In Western Water, His Honour Justice Osborn held that VCAT had erred in its decision concerning a planning application by not correctly applying the precautionary principle, in particular it had not acknowledged or directly addressed the issue of cumulative risk resulting from increased dwelling densities.
  2. Changes to Guideline 1: Density of Dwellings:

    The revised Guideline 1 states:

    'Where a planning permit is required to use land for a dwelling or to subdivide land:

    • The density of dwellings should be no greater than one dwelling per 40 hectares (1:40ha); and

    • Each lot created in the subdivision should be at least 40 hectares in area.

    This does not apply if a catchment management plan, water catchment policy or similar project addressing land use planning issues and the cumulative impact of onsite waste water/septic tank systems has been prepared for the catchment, and the objectives, strategies and requirements of the plan or project have been included in the planning scheme.'

    The new Guideline 1 no longer requires a land capability assessment for the onsite management of domestic water for the exemption to apply. However, for the exemption to apply it requires that a water catchment plan, water catchment policy or similar project must address the cumulative impact of onsite waste water/ septic tank systems for the catchment.

There are other minor changes to the Guidelines including to Guideline 2 Effluent Disposal and Septic Tank System Maintenance. This includes expanding on the installation and maintenance requirements for onsite septic tank systems and the introduction of a new setback distance of 20 metres between onsite systems and potable or non-potable groundwater bores.

The Guidelines which are now final will hold greater weight in planning permit applications. Accordingly, developers should be aware of the changes to the Guidelines when applying for planning permits to develop land within open, potable water supply catchment areas.

The Guidelines can be found on the Department of Sustainability and Environment's website.

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