Planning - Frequently Asked Questions

GMW receives planning permit application referrals from Councils and other Responsible Authorities under provisions within the relevant Planning Scheme and/or within the Planning and Environment Act 1987. GMW can receive:

• Referral of an application as a Referral Authority under Section 55 of the Planning and Environment Act 1987 (Determining Referral Authority)
• Referral Notice as an adjoining landowner or otherwise affected party under Section 52 of the Planning and Environment Act 1987.

The relevant triggers for the above referrals are received in accordance with Clause 66 of the relevant Planning Scheme. GMW are able to: approve an application, approve an application subject to conditions, object to an application, or request further information.

GMW’s areas of interest are surface water and groundwater quality, use and disposal. GMW requires that development proposals do not impact detrimentally on GMW’s infrastructure and the flow and quality of surface water and groundwater.

You can apply to obtain a VicSmart letter from GMW to include with your application submission to Council through submitting a PS007 application.

You can obtain pre-application information for a land use or development proposal through submitting a PS010 application. For technical assessment/complex matters, GMW may require an hourly rate (as specified in GMW’s Price List) to be paid to allow Property Services to progress an enquiry. The applicant will be contacted, and consent will be required for this to occur.

GMW is required in accordance with the Planning and Environment Act 1987 to provide an applicant with a copy of its decision in respect to any application referred for consideration.  Please direct all enquiries/correspondence in relation an application referred to GMW to Council in its capacity as the Responsible Authority.

Untreated (or inadequately treated) wastewater can pose a serious threat to public and environmental health. Wastewater may contain disease causing pathogens (viruses, bacteria, and parasites), chemicals, and other contaminants from household, industrial or commercial activities.

Many of these substances can cause disease when ingested by humans so prevention of contamination of food and water supplies with sewage or blackwater is critical to preventing disease of both individuals and entire communities. This is especially important in our water catchments areas, where leaking or failing systems can potentially contaminate the water used for drinking.

The discharge of untreated or poorly treated wastewater into either surface or ground water also has the potential to seriously impact the environment, with impacts on both plant and animal species. The delicate ecological balance can be damaged due to increased levels of nitrogen and phosphorus, and exposure to chemicals and pathogens.

Local Councils are responsible for overseeing all systems that are designed to treat daily flows of less than 5000L. Systems larger than this are managed by the Environment Protection Authority directly.

An LCA is a detailed written report completed by a suitably qualified professional that assesses the various aspects of a site and determines the capability of the land to sustain a wastewater system.

The main purpose of an LCA is to evaluate whether the wastewater generated by the proposed development can be managed on-site without causing harm to the environment or public health. The LCA assesses the suitability of the land for on-site wastewater treatment and disposal, considering factors such as soil type, topography, and climate. It helps determine the appropriate treatment system and the area of land needed for sustainable wastewater management.

GMW are unable to recommend any specific LCA provider. Please refer to the relevant Council's website, as many of them list providers available in their respective areas.

LCAs are documents written for a specific application at a particular time. If you have previously had an LCA undertaken on your property, the current circumstances on your block and/or guiding documents/legislation may not remain the same and/or may not have been adequately assessed.  

Therefore, you may require a new LCA. Sometimes it is possible for your land capability assessor to amend or adjust an existing LCA. Please consult your Council’s Environmental Health Department for further clarification and requirements.

Table 4-10 of the EPA Guidelines for onsite wastewater management (May 2024) provides a guide on the setback distances that may be applied to onsite wastewater systems. The table outlines setback distances (dependant on treatment level) from waterways, drainage lines, dams, lakes, groundwater bores, etc. In some limited situations, the adoption of one or more setback distances referenced in Table 4-10 may not be practicable for a site. Wastewater consultants and assessors may decide to seek alternative setback distances through demonstration of appropriate protections and controls. When this occurs, a risk and performance-based approach must be used to determine alternative setback distances. More information on this approach (known as Tier 2 approach) can be found in the EPA Guidelines for onsite wastewater management (May 2024) and EPA Guidelines for onsite wastewater effluent dispersal and recycling systems (May 2024).

The Planning Policy Framework is a three-tiered structure which integrates state, regional and local policies. Clause 14.02 of all planning schemes in Victoria (which forms part of the Planning Policy Framework) identifies retaining buffer zones at least 50m wide along each side of a waterway as a key strategy.

Waterways which have been proclaimed as a Heritage River under the Heritage Rivers Act 1992, also require a 50m building setback.

These setbacks are also supported by the North East Planning Referrals Committee Guidelines for the Protection of Water Quality’  (April 2001, Updated May 2016), and Planning permit applications in special water supply catchment areas (DEECA, February 2024)