Flood level consent

While flooding is rare in Banyule, it is important to understand the risks. We work with residents to reduce any potential impact, particularly when they're considering building or development works.

Our consent

Our planning scheme and the Victorian Building Regulations 2018 require us to identify areas that are prone to flooding or have regular overland water flow.

These areas are known as overlays: they can affect your building plans and path to obtaining a permit. Melbourne Water provides some helpful information on overlays.

We assess all proposals affected by overlays to ensure that new developments do not increase the likeliness of flooding or introduce hazards to residents and their property.

Overlays and what they mean

Your property may be affected by 1 or more of these overlays:

Land Subject to Inundation (LSIO)

This overlay applies to property affected by flooding from water ways and open drainage systems.

Action to take

If your information request states that this overlay affects your property, you must apply with Melbourne Water to get their consent for a council planning permit.

What your plans must show for this overlay

Refer to Melbourne Water for the flood overlay requirements.

Melbourne Water Flood (SBO1)

This overlay applies to property that Melbourne Water has identified as an area prone to regular overland water flows.

Action to take

If your information request states that this overlay affects your property, you must apply with Melbourne Water to get their consent for a council planning permit.

What your plans must show for this overlay

Refer to Melbourne Water for the flood overlay requirements.

Banyule Council Flood (SBO2)

This overlay applies to property that Banyule Council has identified as an area prone to regular overland water flows.

Action to take

If your information request states that this overlay affects your property, you may apply for Pre-authorisation using our consent form.

This will speed up the overall planning permit application process, as your plans will have already complied with flooding conditions.

What your plans must show for this overlay

The minimum freeboard requirements for dwellings and building is 300mm. For outbuildings and garages, it is 150mm.

You cannot alter land or landscaping within existing stormwater drainage easements or where stormwater flow is permitted.

Boundaries and internal fencing must allow stormwater flows. Detail of the correct permeable fencing to use will be provided by Banyule.

Your new structure cannot restrict the free flow of stormwater. Similarly, you cannot cause higher flood levels or faster flows.

Banyule Council Overland Flow (BR153)

This overlay applies to property that Banyule Council has identified as an area prone to regular overland water flows, and where specific building regulations have control.

Action to take where additional planning overlays apply

If your information request states that this overlay affects your property, as do other regulations, you may apply for Pre-authorisation using our consent form.

This will speed up the overall planning permit application process, as your plans will have already complied with flooding conditions.

Action to take without other planning overlays

If this overlay applies to your property and there are no other planning regulations, you may apply for Report and Consent for Building in Areas Liable to Flooding using our consent form.

What your plans must show for this overlay

The minimum freeboard requirements for dwellings and building is 300mm.

Construction on Designated Land or Works (BR154)

This overlay applies to property that is within 20m of Melbourne Water drains, and where specific construction regulations have control.

Action to take where our planning scheme applies

If this overlay affects your property, you should apply to Build Near an Asset or Easement (also known as Pre-authorisation) with Melbourne Water before continuing on to get our consent.

This will speed up the overall permit application process, as your plans will have already complied with construction conditions.

Action to take without additional regulations

If this overlay applies to your property and there are no other planning regulations, you can directly apply for our consent straight away.

Getting consent

Steps to take

Step 1.Get information about your land

To begin, you must submit a property information request to know if your property is affected by any of these 5 overlays.

Property information request

Step 2.Survey your property

All overlays require your property to be surveyed to Australian Height Datum (AHD) by a licensed land surveyor. Plans of your proposed work must reflect this.

Step 3.Prepare your plans

All overlays require you to submit detailed site, floor and elevation plans that must show:

  1. boundaries and dimensions of the site;
  2. existing and proposed ground levels to AHD;
  3. layout, size and use of existing and proposed buildings and works, including vehicle parking areas;
  4. finish floor levels of any existing and proposed buildings to AHD; and
  5. cross-sectional details of any basement entry ramps and other basement entries to AHD (showing floor levels of entry and exit areas and drainage detail).

Step 4.Concerning LSIO and SBO1 overlays

Did your property information request show that the Land Subject to Inundation (LSIO) or the Melbourne Water Flood (SBO1) overlays affect your property?

If so, then you must finish your consent request with Melbourne Water.

Melbourne Water consent for a council planning permit

If not, but 1 or more of the other overlays does apply, then continue on with this consent request.

Step 5.Concerning the BR154 overlay

Did your property information request show that the Construction on Designated Land or Works (BR154) overlay affects your property?

If so, then you must first get consent from Melbourne Water to build near their drains and property.

Consent to build on or near a Melbourne Water easement.

Once you have Melbourne Water's consent, then you can continue with getting ours.

Step 6.Request our consent

Your property cannot be developed where the SB02, BR153 and BR154 overlays apply without consent.

Consent form

Go back to Stormwater drainage

Help and questions

For any queries about getting flood level consent and the overlays that may apply, contact our Development & Drainage Team.

enquiries@banyule.vic.gov.au

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