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Amendment C334yara - Planning Permit Trigger Removals & Exemptions

Amendment to remove planning permit triggers for businesses and implement permit exemptions in heritage overlays.

Council has requested the Minister for Planning authorise the Amendment to be exhibited.

At its Meeting on Tuesday, 16 December 2025, Council resolved to request that the Minister for Planning authorise the Amendment and allow Council to publicly exhibit it.

The documents adopted at this meeting can be viewed below.

Overview

This Amendment is part of Council’s priority to reduce red tape for local businesses. Officers engaged SGS Economics and Planning (SGS) who recommended opportunities to reduce planning permit triggers for small businesses in Yarra.

Amendment C334yara proposes to reduce local planning permit triggers for businesses by exempting certain buildings and works, business identification signage from requiring a planning permit and providing an exemption from notice and review, subject to conditions.

Based on a Notice of Motion 6 from 25 April 2025 Council Meeting, the amendment also proposes to include exemptions for solar panels in the Incorporated Plan under the Provisions of Clause 43.01 Heritage Overlay, subject to certain conditions being met which will ease the pathway towards more sustainable energy solutions for buildings in a Heritage Overlay.

Land affected by the amendment

The proposed permit trigger removal for businesses affects all land in the Commercial 1 (C1Z), Commercial 2 Zone (C2Z) and Mixed Use Zone (MUZ).

The proposed solar panel exemptions affect all land in Yarra (regardless of zoning).

What stage is this amendment as?

There are six steps in the process to consider amendments.

This project is currently at Stage 1 - 'Authorisation' of the process.

What are the next steps?

Current

Following submissions from the community, Council will consider them and resolve to submit the amendment and submissions to an independent public hearing, where all views will be heard and considered. 

Exhibition will be held as an opportunity to provide a submission on the proposed changes made to the Yarra Planning Scheme as part of the planning scheme amendment process.

Following submissions from the community, Council will consider them and resolve to submit the amendment and submissions to an independent public hearing, where all views will be heard and considered. 

The panel or committee will review the amendment and all submissions and will release a report with recommendations.

Council will consider the recommendations from the hearing report and adopt a final position on the amendment. Council would then request the Minister for Planning to make a decision on the amendment.

The Minister will consider the exhibited amendment, recommendations from the committee hearing and Councils adopted position to make a decision on the amendment.

What has happened so far?

Complete

Officers engaged SGS Economics and Planning (SGS) to assist in identifying opportunities to reduce regulatory burden for small businesses in Yarra (SGS Pty Ltd Report Supporting Local Businesses – Streamlining Planning Permit for City of Yarra dated 21 May 2025).

Officers have also investigated the potential to include a permit exemption for solar panels to facilitate sustainability improvements in Heritage Overlay areas.

This work has informed the proposed changes being made to the Yarra Planning Scheme as part of this amendment – C334yara.

Frequently asked questions

There will be no immediate impact on landowners/occupiers and current planning permits.

The current controls in the planning scheme will continue to apply to live planning permit applications and any future planning permit applications until the permanent controls are introduced into the Yarra Planning Scheme. 

The other tools in the Planning Scheme will continue to apply and will need to continue to be considered when preparing a planning permit application.

The following local provisions and controls currently trigger permits for businesses within Yarra.

Heritage Overlay (HO) (Cl 43.01) requires a planning permit to construct a building and to carry out works. It opts in many categories of applications that would normally be exempt from the need for a permit. Also requires a permit to construct or display a sign.

Standard exemptions in the Design and Development Overlay (DDO) (Cl. 43.02) head provisions are limited and only cover residential development. Many older Yarra DDO schedules do not have buildings and work exemptions in their local schedules. However, the new DDOs do include some exemptions.

Currently, solar panels are not exempt under the Yarra Heritage Overlay Schedule, unless they are not visible from the street (as per State provision).

Following engagement between Councillors, officers and several traders, Council resolved the Notice of Motion No.14 on the 9 July 2024 Council Meeting. It resolved that Council explores opportunities and advocacy avenues to streamline and simplify processes for local business, and support and promote local businesses and live music. This amendment focuses on reducing regulatory burden for small businesses in Yarra by making changes to the Yarra Planning Scheme.

In addition, in Notice of Motion No.6 from 25 April 2025 officers were asked, amongst other items, to prepare a report regarding facilitating sustainability improvements in heritage overlay areas. In response, officers have investigated the potential to include a permit exemption for solar panels in the Incorporated Plan under the Provisions of Clause 43.01 Heritage Overlay.

It will reduce the regulatory burden on local businesses by reducing permit triggers (where appropriate) and/or fast track permits that will have the most impact for small businesses in Yarra.

In response to Notice of Motion No.6 from 25 April 2025, exempting solar panels within the Incorporated Plan, with conditions, will facilitate sustainability improvements in Heritage Overlay areas.

These conditions include:

  • The panel is flush with the existing roof plane and not tilt-mounted;
  • The panel is not protruding over the existing roof ridge lines;
  • The panel is not located on a verandah, canopy, bay windows or similar; and
  • The roof of the building does not have any of the following features: turret, tower, spire, dormer (e.g. with windows or vents).

Further frequently asked questions

Further information

To find out more, please contact the Strategic Planning unit.