The Victorian Government has yet again announced an extension to COVID-19 exemptions under the planning scheme that relate to use of outdoor areas across Victoria – now extending their operation to 30 June 2027.
In October 2020, the Victorian Government originally amended the planning scheme to facilitate outdoor trading arrangements in response to COVID-19 restrictions. Originally set to expire on 12 October 2023, they were progressively extended to 2024, 2025 and now until 30 June 2027.
This extension was largely unexpected, as the provisions had been set to expire on 12 October 2025 and no announcements of the extension were made. The explanatory report in support of the extension states that the amendment is ‘required to support the continuation of Victoria’s social and economic recovery’.
As a reminder of what the exemptions currently permit:
- Public land exemptions
The clause creates exemptions whereby requirements of the planning scheme do not apply to public land being used for, inter alia, hospitality uses.
Planning scheme requirements relating to construction of a building or the construction or carrying out of works on public land also do not apply to a temporary building or moveable building associated with the use of land for hospitality uses. - Food and drink business extension exemptions
The clause creates exemptions whereby requirements of the planning scheme do not apply to hospitality uses if the use is associated with the existing use of adjoining land for a food and drink premises, function centre, nightclub or winery.
The clause also creates exemptions relating to construction of a building or works where those works relate to a temporary building or moveable building associated with the use of the land for hospitality. - Car parking exemptions
The clause exempts requirements for the provision of car parking to uses exempted under this clause as set out above, and to car parking requirements for the existing use.
The same pre-conditions must continue to be met for the exemptions to apply, which include that:-
- The use must not unreasonably affect the amenity of the neighbourhood.
- Land in, or within 30 metres of, a residential zone must not be used for the outdoor consumption of food or drink between the hours of 10.00pm and 7.00am.
- The use or development of land must not impede access required by emergency services or for waste collection.
- The height of a building constructed or placed under an exemption in this clause must not exceed 3.6 metres.
- A building must not be constructed or placed under an exemption in this clause within 1 metre of adjacent land in a residential zone if the height of the building exceeds 1.8 metres.
Please note that the exemption only applies to planning permit requirements – and not liquor licence conditions. Compliance with all applicable liquor licences is still required, as the temporary licence extensions previously issued under the Liquor Control Reform Act 1998 have long since ended.
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.
