Overlays are a planning tool used to control development where there are special features on the land, such as a heritage building, biodiversity (significant flora and fauna), flood risk, etc.  

While the content of an overlay – including the ESO – is consistent across the state, Councils can include schedules to modify the controls to meet more specific objectives.

This amendment proposes a seventh schedule to the ESO in the Whittlesea Planning Scheme, to provide specific protections for the habitats and species in the northern part of the municipality.

The application of the Environment Significance Overlay (ESO) Schedule 7 protects significant land by introducing new permit requirements for types of development that may impact on specific environmental values. This means that Council can make sure proposed developments are compatible with these values. 

The last comprehensive survey of the environmental values of the Green Wedge area was completed in the 1970s, Council commissioned technical work ahead of the amendment which identified a number of rare or threatened plants, animals and habitats in the green wedge area.

The Environment Significance Overlay (ESO) 7 Schedule - Northern Flora and Fauna Habitat Areas is being proposed to ensure habitat for indigenous flora and fauna is sustained into the future by protecting and enhancing native vegetation, preventing habitat fragmentation and loss, and maintaining soil and waterway health in the Whittlesea Green Wedge.

The Environment Significance Overlay (ESO) Schedule 7 is being proposed to provide protection for the significant species and habitat areas in Whittlesea’s Green Wedge, while minimising the impact on, in particular, agricultural landowners. The Whittlesea Green Wedge is the 60% of the municipality that lies outside the urban growth boundary.

To achieve this balance, the proposed overlay excludes a number of routine farming activities from requiring a planning permit, providing they meet certain requirements.

Examples of permit exemptions include (assuming certain requirements are met):

• Construction of fence or farm gate
• Construction of rainwater tank up to 60,000 L
• Installation of water troughs, pipes & pumps under 5 metres from native vegetation
• Minor changes to existing buildings
• Construction of shed under 50 square metres
• Removal of pest animal burrows

Landowners can construct a fence, as long as it meets a number of requirements designed to allow the free movement of native species, including minimising the use of barbed wire.

There are also specific exclusions for deer exclusion fencing, given the issue feral deer are posing to landowners in the Green Wedge.

The existing State Government’s bushfire defendable space exemptions, which apply in areas covered by the Bushfire Management Overlay and designated Bushfire Prone Areas, are not impacted or changed by the application of the Environmental Significance Overlay (ESO) Schedule 7.

The Environment Significance Overlay (ESO) Schedule 7 is proposed to be applied approximately 7.5% of the Whittlesea Green Wedge.

The Whittlesea Green Wedge is the 60% of the municipality that lies outside the urban growth boundary.

These locations have been chosen based on technical work completed, which has found a number of rare or threatened plants, animals and habitats in the Green Wedge area.

The mapping showing the location and properties affected by the proposed ESO planning control will be released as part of the planned community consultation process.

It is important to note that these requirements will not apply retrospectively. Existing structures will not be subject to the new provisions. Only new development proposed after the amendment process is complete will require a planning permit. 

Additionally, where the ESO applies to only part of a property, the permit requirements will only apply to that area. Areas of the property outside the overlay will not be subject to these requirements.