Amendment C196more

Project progress
  1. AuthorisationAuthorisation
  2. ExhibitionExhibition
  3. Consider public submissionsConsider public submissions
  4. Panel hearingPanel hearing
  5. Panel reportPanel report
  6. Council decisionCouncil decision
  7. Submit to MinisterSubmit to Minister
  8. Final decisionFinal decision

UPDATE

Council has a stormwater map for its local drainage area in our City, where it is the local drainage authority. This webpage focuses on the planning scheme amendment that is introducing this map into the Merri-bek Planning Scheme. A separate webpage gives the map and describes how it is used for building permits in the local drainage area.  

Melbourne Water is preparing an updated stormwater map for its regional drainage area in our City, where it is the regional/main drainage authority. Melbourne Water's website gives more information about this. Talk to Melbourne Water if you have any questions about its updated map.

 

Introduction

In August 2025, Council endorsed Special Building Overlay Schedule 2 (SBO2) to land affected by stormwater overland flows in the city's local drainage area, where Council is the local drainage authority. Council also redesignated the map for building permits.

There is already an SBO Schedule 1 (SBO1) in the Planning Scheme for Melbourne Water’s larger, regional drainage area in Merri-bek.  Melbourne Water is reviewing its map and is doing community consultation for an updated map in late 2025.

There are SBOs in many other Planning Schemes across metropolitan Melbourne. 

Background

In 2021 Council had expert drainage engineers prepare an initial stormwater map for the city's local drainage areas. The map shows where a 1 in 100-year stormwater overland flow affects land. This is a storm with a one per cent chance of happening in any year. After land owners were consulted, the map was designated for the Building Regulations 2018 to inform building permits.

In 2023, the Council worked with Melbourne Water and had expert drainage engineers prepare an updated stormwater map for the city's local drainage areas. Land owners were again consulted before the updated map was designated for the Building Regulations 2018 to inform building permits.

In 2024 Council started a process to include the updated stormwater map in the Merri-bek Planning Scheme with Amendment C196more, as SBO2. Doing this enables the map to inform planning permits.

In 2025, Council continued its C196more process. After exhibiting the proposal in 2024, submissions were referred to an independent Planning Panel appointed by the Victorian Government. In July 2025, the Planning Panel gave its report, supporting the proposal and recommending it be adopted by Council.

On 13 August 2025, Council resolved to endorse the C196more for the SBO2. The Council also resolved to redesignate the SBO2 map for the Building Regulations 2018.   

The Exhibited Amendment 

Exhibition and Submissions

Amendment C196more was publicly exhibited from Thursday, 16 May to Monday, 17 June 2024. Thank you to all who made a submission. 

On Wednesday, 12 February 2025 Council considered the Amendment and resolved to request an independent Planning Panel to consider submissions. The Council Report and associated attachments are on the Council meetings and past agendas page.

Copies of redacted submissions to the amendment can be viewed below:

Submissions 1-10 (PDF 3Mb)

Submissions 11-20 (PDF 7Mb)

Submissions 21-30 (PDF 6Mb)

Submissions 31-41 (PDF 3Mb)

Submissions 42-51 (PDF 1Mb)

Submissions 52-60  (PDF 1004Kb)

Submissions 61-70 (PDF 2Mb)

Submissions 71-80 (PDF 641Kb)

Submissions 81-94 (PDF 2Mb)

Directions and Panel Hearing

The Panel held an initial Directions Hearing by video conference on Tuesday, 22 April 2025. A second Directions Hearing by video conference happened on Monday, 2 June 2025. 

A Panel Hearing was held on 12 and 13 June 2025. More information about Planning Panels is available from the following website:

About Planning Panels Victoria

If you have questions about the Planning Panel, contact Planning Panels Victoria on (03) 5381 9457 or planning.panels@transport.vic.gov.au.

The Council's Part A Submission for the Panel Hearing can be viewed below:

Part A - Submission (PDF 6Mb)

The Part A Submission's index of appendices and hyperlinks can be viewed below. We recommend looking at this before viewing the appendices:

Part A - Index (PDF 140Kb)

The Part A Submission's appendices can be viewed below:

Part A - Appendix 1A (PDF 24Mb)

Part A - Appendix 1B (PDF 28Mb)

Part A - Appendix 1C (PDF 43Mb)

Part A - Appendices 2 and 3 (PDF 6Mb)

Part A - Appendices 4 and 5 (PDF 7Mb)

Part A - Appendices 6 to 10 (PDF 3Mb)

The Council's Part B Submission for the Panel Hearing can be viewed below:

Part B - Submission (PDF 7Mb)

The Part B Submission's appendices can be viewed below:

Part B - Appendix 1 (PDF 521Kb)

Part B - Appendix 2 (PDF 237Kb)

Part B - Appendix 3 (PDF 355Kb)

Part B - Appendix 4 (PDF 335Kb)

 

UPDATE 16/07/2025

Planning Panels Victoria has today given its Panel Report for Council's C196more proposal. This report can be viewed below. 

C196more Panel Report (PDF 991Kb)

It is anticipated Council will consider this Panel Report at its 13 August 2025 meeting. 

UPDATE 23/07/2025

Arising from the Panel's recommendations, an updated Background Document has been prepared. This update includes the map review process done by Council and supported by the Panel. The updated document is known as the Merri-bek City Council, Creating the Local Drainage Authority's Stormwater Map Technical Report (Engeny, July 2025). 

The exhibited version of the Background Document and its appendices are above, under The Exhibited Amendment section of this webpage, accessed from the pull-down list of Exhibition documents.

Any changes to the Background Document can be viewed below:

Body of document with changes highlighted (PDF 6Mb)

The Background Document has an index of appendices on page 3. New appendices have also been added to the document. These can be viewed below:  

Appendix J - Part A - Final Map (PDF 15Mb)

Appendix J - Part B - Final Map (PDF 21Mb)

Appendix J - Part C - Final Map (PDF 21Mb)

Appendix K - Map Review Outcomes (PDF 180Kb)

Appendix L - Part A - Final Map compared to Exhibited Map (PDF 20Mb)

Appendix L - Part B - Final Map compared to Exhibited Map (PDF 29Mb)

Appendix L - Part C - Final Map compared to Exhibited Map (PDF 27Mb)

It is anticipated Council will consider the final Amendment C196more at its 13 August 2025 meeting.

UPDATE 14/08/2025

At its 13 August 2025 meeting, Council considered the Panel's report and endorsed the C196more Amendment. Council also designated its endorsed C196more SBO2 map under the Building Regulations 2018 and gave notice to the Building and Plumbing Commission (BPC).

14 August 2025 Notice Letter to BPC (PDF 107Kb)  

21 August Government Gazette Notice (PDF 52Kb)

Find out more about Amendment C196more

Below is a list of frequently asked questions about Amendment C196more. This list supported the public exhibition stage of the amendment process.

  • Amendment C196more proposes to introduce the Special Building Overlay Schedule 2 (SBO2) into the Merri-bek Planning Scheme.

    The SBO2 is for the city’s local drainage areas, where Council is the drainage authority, for land affected by stormwater overland flows from a 1 in 100-year storm event.

    There is already an SBO Schedule 1 (SBO1) in the Planning Scheme for Melbourne Water’s larger, regional drainage areas in Merri-bek. There are SBOs in many other Planning Schemes as well.  

  • In 2023 Council had expert drainage engineers prepare an updated stormwater map. The map shows the affected land. A 1 in 100-year storm has a one percent chance of happening in any year.

    After property owners were consulted, the map was designated for the Building Regulations 2018 in November 2023 and is now being used to inform building permits.

    The next step is to put the updated stormwater map in the Merri-bek Planning Scheme as an SBO2, so it can be used to inform planning permits.

  • The map was prepared by expert drainage engineers who have prepared similar stormwater maps for other municipalities.

    An initial map was prepared in 2021 and shared with property owners. Then, Melbourne Water and the expert engineers did work so the map could be refined. This led to an updated stormwater map being prepared in 2023, and again being shared with property owners.

    Property owner feedback in 2021 and 2023 has been important for the map’s development. This feedback helped to create the updated stormwater map that is now being used for the SBO2.

    If you would like to find out more information about the process to create the stormwater map or the outcomes of previous consultation please visit our Conversations Merri-bek page. 

    See Stormwater map for Land Development

  • Having an SBO2 means a planning permit is needed to develop land affected by the 1 In 100-year storm event.

    The SBO2 helps property owners, building surveyors, and architects to design new buildings and structures away from places where stormwater affects land.

    The SBO2 will only be used if you want to build on your land.

  • The SBO1 is for 1 in 100-year stormwater flows affecting land in Melbourne Water's regional drainage areas in Merri-bek. The map for Melbourne Water’s areas is already part of the Planning Scheme.

    The SBO2 is for 1 In 100-year stormwater flows within Council's drainage areas.

  • If the SBO2 applies to your property, you will need to make an application to Council for a flood level certificate. This information tells you the estimated flood level for your property. You would then give this information to your building designer who will consider how to best manage the 1 in 100-year risks and prepare preliminary plans. Once these plans have been prepared, you can then apply for a planning permit with Council.

    We recommend contacting Council’s Urban Planning team on 9240 1111 to discuss the proposal’s preliminary plans. Do this before submitting a permit application.

  • Property rates are not affected by the SBO. For more information about the calculation of property rates, visit Understand your rates and waste charge.

If you would like to find out more about Amendment C196more, please contact Strategic Planning by emailing StrategicPlanning@merri-bek.vic.gov.au or on 9240 1111

If you would like to know more about the process for creating the stormwater map or our previous consultations about the map, please visit our Conversations Merri-bek page.   

See Stormwater map for Land Development

If you are developing land affected by the map or want to use a dynamic version of the final map, go to our Stormwater Map webpage.  

Privacy and the planning scheme ammendment process

Please be aware that we collect information from organisations and individuals during the planning scheme amendment process through submissions made to an Amendment. Submissions may be handwritten, electronic (both written and audio-visual), and often contain images, maps, and plans. Submissions frequently contain personal information which at times may be sensitive for commercial, health, or other reasons.

Natural justice and transparency are important parts of the Planning Scheme Amendment process. Council must make all submissions to an Amendment available for any person to inspect at its offices for a period of two months after the Amendment is finalised. This is a requirement of the Planning and Environment Act 1987. This includes all personal information such as names, address details, phone numbers email addresses. Your submission may also be emailed or posted to interested parties during the Planning Scheme amendment process.

We use submissions when assessing the Amendment and summaries of your submission are included in any Council report that considers the Amendment following the close of the exhibition. Your submission will also be used and disclosed in the public process of a Panel Hearing if one is required. Any submission forwarded to Planning Panels Victoria will be managed in accordance with their privacy policy.

Publication of Submissions on our website

We will make all submissions available for online viewing on this website during the Planning Scheme Amendment process. All submissions made available online will be redacted to remove personal names, telephone, and address details. Submissions will be removed from the website once the Amendment is finalised.

Use of your personal information

In accordance with the 'Privacy and Data Protection Act 2014 (VIC)' and 'Health Records Act 2001 (VIC)' the personal information submitted by you is being collected by Merri-bek City Council for the submission process and it will not be disclosed to any other external party without your consent, except as a requirement of the 'Planning and Environment Act 1987 (VIC)'. If we provide a copy of your submission to another person, we will provide a disclaimer that it is made available for the purpose of the planning scheme amendment process as set out in the Planning and Environment Act 1987 and that the information must not be used for any other purpose or distributed to another party or published online.

If you do not provide your name and address Council will not be able to consider your submission.

You can gain access to your personal information you have provided to Merri-bek City Council and if you wish to alter it, please contact Council’s Privacy Officer via telephone on 9240 1111 or e-mail at PrivacyOfficer@merri-bek.vic.gov.au

You can find more information regarding privacy on our Privacy page.