Removal of clause 52.27
As anticipated by our update on 10 December 2024 which can be found here, as of 1 July 2025 the Victorian Government have amended all Planning Schemes to delete Clause 52.27 in its entirety.
There is no longer a planning permit trigger if a venue is intending to amend any condition on their liquor licence or amend their red line plan or to obtain a new liquor licence. Previously there was a two-step process for such applications – a planning application to the local council and an application process with Liquor Control Victoria (LCV).
From 1 July 2025 only an application to LCV will be required.
However, this does not mean that a venue can ignore the conditions of existing planning permits – some permits may still govern or restrict the use of the premises and may require amendment based on certain changes. In addition, local councils remain a referral authority for any application to LCV, so Councils will still have a role to play in future applications.
Despite this, the removal of clause 52.27 from all Planning Schemes provides many licensed premises with a unique opportunity to consider changes to their trading conditions while avoiding a lengthy and expensive planning process.
If you are considering any such changes, please contact BSP Lawyers to discuss your particular venue, and we can advise how the removal of Clause 52.27 will affect your proposal.
Permanent exemptions for outdoor areas
Together with the above change, on 27 June 2025 the Victorian Government amended all planning schemes to permanently exempt the use and development of outdoor dining on public land from planning requirements where the use is associated with the use of adjoining land, and is authorised by a local law, or by the public land manager. This applies to outdoor dining areas on public land such as footpaths or roadways, that are associated with and adjacent to a hospitality venue. Furniture, marquees, all-weather coverings, and other such fittings associated with outdoor dining, are also covered by the exemption.
Operators are still required to obtain, if applicable in the relevant municipality, a permit for kerbside trading under local laws.
The amendment essentially incorporates elements of the COVID-19 exemptions for outdoor areas – which are contained in clause 52.18 into the planning scheme. Clause 52.18 created more extensive public and private land exemptions which apply to other uses besides hospitality, but which were subject to use and development conditions, as outlined in our previous update which can be found here. These conditions remain in force with the current expiry date being set, currently, for 12 October 2025
The amendment to current clause 62.03 applies only to adjoining public land used for outdoor dining, where a local law permission is in place. As such, this is not as extensive as the COVID-19 exemptions – which include private land, such as conversion of car parking areas. Read in conjunction with the removal of clause 52.27, this change is perhaps not as significant. But, if you are in a circumstance where your venue still requires permission for land use and you are expanding a public activation, then this may save you some planning permit hurdles.
If you would like specific advice about how your venue may be affected by this change, please contact our office.
This update does not constitute legal advice and should not be relied upon as such. It is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of the content.
