{"ordinanceID":"21740026","title":"SCHEDULE 1 TO CLAUSE 44.04 LAND SUBJECT TO INUNDATION OVERLAY","amendmentNumber":"C245gben","gazettalDate":"18/12/2020","ordinanceType":"Schedule","ordinanceLevel":"LPP","ordinanceMapCode":"LSIO1","ordinanceIncludable":"no","orderIndex":1198,"ordinanceNumber":"SCHEDULE 1","semanticNumber":"44.04-s1","content":"<p>Shown on the planning scheme map as <strong>LSIO1</strong>.</p><h2><span><span> </span>FLOODING FROM WATERWAYS (DEPTHS UP TO AND INCLUDING 350 MILLIMETRES)</span><br></h2>","ordinanceSections":[{"ordinanceID":"21740027","title":"1.0 Land subject to inundation objectives to be achieved","amendmentNumber":"C245gben","gazettalDate":"18/12/2020","ordinanceType":"Schedule Section","ordinanceLevel":"LPP","ordinanceMapCode":"","ordinanceIncludable":"no","orderIndex":1199,"ordinanceNumber":"1.0","semanticNumber":"44.04-s1-1.0","content":"<p>None specified.</p>"},{"ordinanceID":"21740028","title":"2.0 Statement of risk","amendmentNumber":"C245gben","gazettalDate":"18/12/2020","ordinanceType":"Schedule Section","ordinanceLevel":"LPP","ordinanceMapCode":"","ordinanceIncludable":"no","orderIndex":1200,"ordinanceNumber":"2.0","semanticNumber":"44.04-s1-2.0","content":"<p>None specified.</p>"},{"ordinanceID":"21740029","title":"3.0 Permit requirement","amendmentNumber":"C263gben","gazettalDate":"29/05/2025","ordinanceType":"Schedule Section","ordinanceLevel":"LPP","ordinanceMapCode":"","ordinanceIncludable":"no","orderIndex":1201,"ordinanceNumber":"3.0","semanticNumber":"44.04-s1-3.0","content":"<p>A permit is not required to construct a building or construct or carry out works as follows:</p><ul><li>If land has been developed in accordance with a permit, restriction or section 173 agreement requiring its ground level to be finished at least 300 millimetres above the 1 per cent annual exceedance probability&nbsp;flood level provided that:&nbsp;<br><ul><li><p class=\"\">Survey plans, to Australian Height Datum, confirm that the ground level&nbsp;has been constructed in accordance with the requirements of a permit, restriction&nbsp;or subdivision; and</p></li><li><p class=\"\">Any buildings and works do not lower the ground level or result in a finished floor level for a dwelling that is below 300 millimetres above&nbsp; the 1 per cent annual exceedance probability&nbsp;flood level.</p></li></ul></li></ul><h3>Extensions and alterations to existing buildings</h3><ul><li><p class=\"\">An extension to an existing building (not including an outbuilding associated with a dwelling),&nbsp;provided the floor level of the proposed extension is not less than the existing floor level and&nbsp;the gross floor area of the extension does not exceed 40 square metres.</p></li><li><p class=\"\">An upper storey extension to an existing building if there is no increase in the ground floor&nbsp;footprint.</p></li><li><p class=\"\">An extension to an outbuilding associated with a dwelling where the floor level is at least 150&nbsp;millimetres above the 1 per cent annual exceedance probability flood level.</p></li></ul><h3>New and replacement buildings</h3><ul><li><p class=\"\">A replacement dwelling if it is constructed to at least 300 millimetres above the 1 per&nbsp;cent annual exceedance probability flood level and the additional floor area does not&nbsp;exceed 20 square metres.</p></li><li><p class=\"\">A non-habitable building (including an outbuilding associated with a dwelling) with a floor&nbsp;area of less than 20 square metres and which is the only non-habitable building on the lot.</p></li><li><p class=\"\">An outbuilding associated with a dwelling where the floor level is at least 150 millimetres&nbsp;above the 1 per cent annual exceedance probability flood level.</p></li><li><p class=\"\">An agricultural or farm building with permanent openings, such as a hay shed, cattleyard,&nbsp;covered horse stable or other yards.</p></li><li><p class=\"\">An agricultural building (other than one used for industrial, retail or office purposes) for the storage&nbsp;of farm machinery, storage of farm vehicles or a workshop associated with a rural use in a rural&nbsp;zone with a floor area of not more than 200 square metres.</p></li><li><p class=\"\">A relocatable building associated with a caravan park where the floor level is at least 300&nbsp;millimetres above the 1 per cent annual exceedance probability<span style=\"\">&nbsp;flood level.</span></p></li></ul><h3>Other buildings and works</h3><ul><li><p class=\"\">An open style fence if constructed in accordance with the definition of open style fence in any local floodplain development plan incorporated into this scheme.</p></li><li><p class=\"\">A replacement fence in the same location and of the same type and materials as the existing&nbsp;fence.</p></li><li><p class=\"\">A rainwater tank with a capacity of not more than 10,000 litres.<br></p></li><li><p class=\"\">A deck, pergola, or verandah, including an open-sided pergola or verandah to a dwelling with&nbsp;a finished floor level of not more than 800 millimetres above ground level and a maximum&nbsp;building height of three metres above ground level.</p></li><li><p class=\"\">A carport.</p></li><li><p class=\"\">An inground domestic swimming pool or spa and associated mechanical and safety equipment&nbsp;if associated with one dwelling on a lot, and associated open style security fencing, where the&nbsp;perimeter edging of the pool or spa is constructed at ground level and excavated material is&nbsp;moved outside the 1 per cent annual exceedance probability flood extent.</p></li><li><p class=\"\">A curtain style fence for a tennis court if constructed in accordance with the requirements of any local floodplain development plan incorporated into this scheme.</p></li><li><p class=\"\"><span style=\"\">Informal outdoor recreation, racecourse or leisure and recreation (with no permanent grandstand&nbsp;or raised viewing area).</span><br></p></li><li><p class=\"\">Public toilets.<br></p></li><li><p class=\"\">Landscaping, driveways, and vehicle cross overs associated with a dwelling, if there is less&nbsp;than a 50 millimetre change to existing ground levels, or if the relevant floodplain management&nbsp;authority has agreed in writing that the flow path is not obstructed.</p></li><li><p class=\"\">Roadworks, footpaths or bicycle pathways and trails carried out by a public authority if there&nbsp;is less than a 50 millimetre change to existing ground levels, or if the relevant floodplain&nbsp;management authority has agreed in writing that the flow path is not obstructed.</p></li><li><p class=\"\">Earthworks associated with the construction of a dam, where no fill is imported to the site, the&nbsp;<span style=\"\">dam is not constructed on a waterway, the dam does not exceed 3 megalitres in capacity and&nbsp;</span><span style=\"\">there is no embankment.</span></p></li></ul>"},{"ordinanceID":"21740030","title":"4.0 Application requirements","amendmentNumber":"C243gben","gazettalDate":"10/09/2021","ordinanceType":"Schedule Section","ordinanceLevel":"LPP","ordinanceMapCode":"","ordinanceIncludable":"no","orderIndex":1202,"ordinanceNumber":"4.0","semanticNumber":"44.04-s1-4.0","content":"<p>The following application requirements apply to an application for a permit under Clause 44.04,&nbsp;<span>in addition to those specified in Clause 44.04 and elsewhere in the scheme and must accompany&nbsp;</span><span>an application, as appropriate, to the satisfaction of the responsible authority:</span></p><ul style=\"list-style-type:square;\"><li>Evidence of the existing building envelope or footprint&nbsp;<span style=\"\">of a dwelling that is to be replaced.</span></li></ul>"},{"ordinanceID":"21740031","title":"5.0 Decision guidelines","amendmentNumber":"C263gben","gazettalDate":"29/05/2025","ordinanceType":"Schedule Section","ordinanceLevel":"LPP","ordinanceMapCode":"","ordinanceIncludable":"no","orderIndex":1203,"ordinanceNumber":"5.0","semanticNumber":"44.04-s1-5.0","content":"<p>The following decision guidelines apply to an application for a permit under Clause 44.04, in addition to those specified in Clause 44.04 and elsewhere in the scheme which must be considered, as appropriate, by the responsible authority:</p><ul><li>Whether the application is consistent with the performance criteria outlined in:<br><ul><li><em>Bendigo Local Floodplain Development Plan</em> (City of Greater Bendigo,<em>&nbsp;</em>February 2018)<br></li><li><em>Heathcote Local Floodplain Development Plan </em>(City of Greater Bendigo, May 2021)<br></li><li><em>Marong Local Floodplain Development Plan </em>(North Central Catchment Management Authority, September 2024)</li></ul></li></ul>"}],"planningScheme":{"schemeID":"gben","title":"Greater Bendigo","amendmentNumber":"VC319","gazettalDate":"22/10/2026"},"parentOrdinance":{"ordinanceID":"21740017","title":"44.04 LAND SUBJECT TO INUNDATION OVERLAY","amendmentNumber":"VC171","gazettalDate":"06/09/2021","ordinanceType":"Sub-Clause","ordinanceLevel":"VPP","ordinanceMapCode":"LSIO","ordinanceIncludable":"yes","orderIndex":1189,"ordinanceNumber":"44.04","semanticNumber":"44.04"}}