Amendment VC278 - Planning controls for waterways

On 23 December 2025, the Victorian Government approved Amendment VC278. The amendment introduced new planning controls to protect the landscape values of waterways across the northern metropolitan area of Melbourne. The new planning controls came into effect on 20 January 2026.

What this means?

As of this date, you may require a planning permit for a building, fence, works, or to lop or remove any vegetation on your property. This will apply to land covered by the Significant Landscape Overlay (SLO).

Council’s response

Council endorsed an officer’s submission(PDF, 389KB) and passed a resolution calling on the Victorian Government to undertake further consultation with affected landowners at the Council meeting held on 20 May 2025. Council officers wrote to the Department of Transport and Planning (DTP), outlining the concerns of Council. Unfortunately, no further consultation was undertaken by DTP prior to approval of Amendment VC278.

What is a Significant Landscape Overlay (SLO)?

The SLO is a planning tool used to identify and conserve the character of a significant landscape. It is applied where a landscape and its associated characteristics, which may include vegetation, waterways, geological, cultural or other key features, are identified as significant to an area. 

An SLO is made up of five components:

• A statement of significance
• The landscape character objectives
• Permit requirements (also known as permit triggers)
• Application requirements
• Decision guidelines.

What are the new planning controls?

Amendment VC278 - Planning for our waterways protects 17 urban waterway corridors in northern metropolitan Melbourne through changes to state planning policy and the introduction of SLOs that introduce planning permit triggers in certain circumstances.

Where do these requirements apply?

The new planning controls apply to land along four waterways in the City of Whittlesea, including the Merri Creek (Merri Merri), Darebin Creek, Edgars Creek and the Plenty River (Kurrum). These four waterways are tributaries of the Yarra River (Birrarung).

When is a permit required?

A permit is required for new buildings and works if:

• the building is over 6 metres in height above ground level
• the building is greater than 50 square metres in additional gross floor area
• the ground level changes by more than 600mm
• the building and works are sited less than 50 metres from the top of bank of the waterway.

In some priority development areas, less stringent building and works controls apply.

A permit is required for all land covered by the overlay to construct a fence if:

• sited less than 50 metres from the top of bank of the waterway and any rural style fence up to 1.4 metres in height and any non-permeable style fence.

A permit is required for all land covered by the overlay to remove, destroy or lop any vegetation if:

• the tree has a height of more than 6 metres above ground level, a trunk diameter of more than 0.4 metres measured at 1.4 metres above ground level and a canopy diameter of more than 4 metres.

Other planning rules still apply

There may be other controls applying to a property, in addition to the SLO. It is always worth checking with Council’s planning department to find out what controls apply to your property.

For assistance, please contact Building and Planning on 03 9217 2170 or email buildplan@whittlesea.vic.gov.au and one of our friendly team members will get back to you. 

Frequently asked questions