Step 4 - Comply with Planning Permit Conditions


Now the planning permit has been issued it is really important to read all the conditions to see what you need to do next.  The conditions on the permit are generally divided into stages, including what you need to do before construction (and before a building permit can be issued), during construction, before you can move in and ongoing requirements.

If you are unsure with any of the conditions please contact the Planning Officer who dealt with your application to discuss.  This information should be on the covering letter sent with your planning permit.

The following are the most common conditions applied to planning permits issued within the Wye River and Separation Creek bushfire affected area and information is provided on how to comply with the condition.

Amended plans required

If this condition is included on the planning permit, you will need to prepare and submit amended plans showing the specific information detailed in the condition before a building permit can be issued.  These amended plans will be reviewed by Council and if they are considered appropriate will be endorsed to form part of the planning permit.

Layout not altered

If your plans change after the planning permit has been issued you will need to check with the Planning Officer to see if you need the revised plans approved before a building permit can be lodged.  Minor internal changes do not require amendments but generally most external changes will.   

Stormwater drainage

There may be numerous conditions on your planning permit relating to stormwater drainage.  

One of those conditions will require detailed plans for construction of a storm water detention system designed by a qualified engineer to be submitted to Council for approval.  Background information on stormwater drainage is included within the Stormwater section of this website.

The condition outlines the technical information to be provided but if you would like more information on how to comply with this condition please contact the Bushfire Recovery Engineer on 5232 9400.

Another standard drainage condition will refer to the legal point of discharge and you will need to apply to Council's Bushfire Recovery Engineer for advice on this, as detailed here.  

Geotechnical works

The house has been approved on the basis of the information and recommendations in the Geotechnical Assessment and compliance with this report is critical for the safety of occupants, the structure and surrounding properties.  The report should be provided to all parties involved in the design and construction of the house.  

If your property has been identified as one with a very high landslip risk the planning permit may also have a condition requiring you to provide evidence from a Geotechnical Consultant that the house has been built in accordance with the report.   


A standard requirement of any approval is to ensure suitable access is constructed to the site before any works begin on the land.  This is to provide for the safety of people and property. 

Before undertaking any works within the road reserve you will need to obtain approval from Council, details of which can be found here.  

Please contact Council's Bushfire Recovery Engineer on 03 5232 9400 for technical information about the access requirements.

Construction standard

Council is in the process of preparing a Construction, Traffic and Environmental Management Plan to facilitate safe and orderly development across Wye River and Separation Creek.  When approved, this document will need to be complied with and should be provided to all parties involved in construction of the house.

Section 173 Agreement

In some cases a Section 173 Agreement may be required as a condition of a planning permit.  This may be to allow for structures within the road reserve or for a private bushfire shelter.  The following information sheet explains the process:

Planning Checklist for Section 173 Agreements(PDF, 1MB)

Council's solicitor Harwood Andrews can prepare the agreement on behalf on an owner to minimise the cost of agreement preparation, prior to signing by Council and lodgement at the Titles Office.  We encourage anyone needing to draft an agreement to contact the Council's Planning Department on (03) 5232 9400 to enquire about the potential for use of Council's solicitor in this process.

If the agreement is required in relation to the installation and maintenance of a Private Bushfire Shelter on the property, the following standard agreement template can be used:

 Section 173 Agreement Template - Private Bushfire Shelters Wye River & Separation Creek Rebuild Proposals(DOCX, 60KB)

If the agreement is required to meet condition requirements on other matters, the following template is applicable.

Section 173 Agreement template(DOCX, 40KB)


Information on how to comply with the wastewater requirements, including how to apply for a septic tank permit can be found here.

Fire fighting water supply

A standard requirement for all applications across the bushfire affected area is to provide 10,000 litres of effective water supply for fire fighting purposes.  To be effective, site constraints such as slope and proximity to the road need to be considered and the following additional guidance is provided:

The water supply must:

  • be sited and designed to be hydraulically possible for a CFA appliance to draw water from the outlet ie. delivery of at least 20 lts/sec at the CFA pump

  • the outlet/s of the water tank must be within 4m of the accessway and be unobstructed

  • include a riser up to the road level with a coupling (64mm CFA 3 thread per inch male fitting)

  • incorporate a ball or gate valve (British Standard Pipe (BSP) 65mm)

  • incorporate pipework and fittings with a minimum of 65mm (excluding the CFA coupling) or greater if required to achieve the above

  • be readily identifiable from the building or appropriate identification signage to the satisfaction of CFA must be provided.


  • If the elevation from the base of the water supply to the outlet point is greater than 6m a pump will need to be installed at the supply to boost the water up to the outlet point. Installation would be to AS 2419.1 2005 - Fire Hydrant Installations standard e.g. use of 100 mm pipe etc.

  • If a pump is installed it should be diesel operated and be installed in a ventilated non-combustible enclosure to protect it from radiant heat. Weatherproof signage indicating the placement of the pump and the pumps operating instructions shall be placed both at the pump and at the outlet point.

For assistance to achieve compliance with your particular site please contact Councils Fire Awareness Officer on 03 5232 9400.

Bushfire resilience

Council has information on managing private property to reduce fire risk here.  Extensive information is also available through the Country Fire Authority website.  


Planning approval is generally required to remove vegetation from properties across Wye River and Separation Creek and is generally discouraged unless it is required to comply with the bushfire resilience requirements.     

Expiry of permit

Planning permits will generally have a permit expiry condition and for most planning permits issued under the special bushfire planning controls, an extended timeframe to start the development has been allowed.  If there is no permit expiry condition then it defaults to the standard which is two years to commence the development and a further two years to complete the development.  

It is very important to check your permit expiry condition and remember to apply for an extension of time if you are not going to meet the condition.  Further resources to assist you are as follows:

Extensions of Time Planning Information Checklist(PDF, 176KB)

Planning Permit Extension of Time Application Form(PDF, 84KB)

Permit notes - building approval

Information about obtaining a building permit can be found here.  

Permit notes - Septic tank permit

Information on how to apply for a septic tank permit can be found here

Permit notes - Works in road reserve approval

Details about how to obtain a works in road reserve approval can be found here.

Permit notes - Landscaping

While detailed landscaping plans are not required to be submitted, Council encourages owners to undertake suitable landscaping that complies with the bushfire resilience requirements. The Colac Otway Shire booklet Landscaping Your Coastal Garden for Bushfire(PDF, 3MB)” is a great resource to assist in the design and selection of plant species.