34 East Concourse, Beaumaris - Information Memorandum

Page 1


As Melbourne’s leading independent commercial property agency, we take pride in creating worth across all four points of this city.

01. Point of Interest 02. Point of View

Property Features 04. Property Particulars 05. Location

06. Sales Process

07. Appendices Zone and Overlays

Public Auction Thursday 27th November at 12pm onsite

Like a timeless designer piece, 34 East Concourse is cut to perfection — refined, versatile, and impossible to overlook. Anchored in the heart of Beaumaris’ iconic Concourse, this freehold retail investment pairs classic commercial fundamentals with great taste. Currently leased to fashion boutique Jorge Lifestyle since 2008, the single-level shop presents a clean, light-filled interior of 146.5 sqm*, complete with heating and cooling, staff amenities, and valuable rear access with 2 on-title car spaces. With over 300 public car parks right at the doorstep and a generous 6 m* frontage, visibility and convenience are stitched into every seam. Set on 193 sqm* of Commercial 1-zoned land, this property delivers both security and style with a quality tenant in place and the flexibility to adapt for future retail, café, or hospitality use.

146.5 sqm*

193 sqm*

$49,624 p.a

Convenient

Leased Commercial 1

2

Allocated car spaces.

860 m*

Total building area.
Total land area.
Leasing income from April 2026. Perfectly surrounded by everyday conveniences and local favorites.
long-term tenant since 2008. Zone.
To Beach road.

Tightly held, consistently in demand, and proven to stand the test of time — for investors chasing a strong yield in a postcode that never goes out of fashion, this is the perfect fit.

“A proven tenant, strong yield, and unbeatable Beaumaris location — this is a secure investment with timeless appeal.”

Tim Cooney | 0468 860 737 tim.cooney@cva.melbourne Property Executive | Southern Region

After nearly two decades of experience across Australia and London, Tim brings a global perspective to local deals — paired with a distinctly Melbourne sense of approachability. Since joining CVA in 2021, he’s become known for his attention to detail, proactive mindset, and long-game thinking. For Tim, commercial real estate isn’t about chasing transactions, but building partnerships. He thrives on developing genuine, long-term relationships and takes the time to understand not just what clients want now, but what they’ll need next. Tim blends strategic thinking with day-to-day diligence, whether he’s running a campaign, structuring a deal or mapping out a multi-year leasing strategy, his goal is the same: deliver value, build trust, and exceed expectations.

“Stylish, stable, and set in Bayside’s best retail strip — 34 East Concourse is a smart addition to any portfolio.”

Stirling Findlay | 0481 848 240 stirling.findlay@cva.melbourne Property Executive | Southern Region

Honest. Ambitious. Professional. From scaffolding sites to sales doors, Stirling built his work ethic the hard way — early starts, long days and zero shortcuts. But it was in commercial real estate that he found his stride: where discipline meets people, hustle meets strategy, and every move is about doing right by clients — helping each make decisions that matter, not just closing deals. Because Stirling knows, real estate can be complicated — but it doesn’t have to be. As the bridge, he spots opportunities, clears obstacles, and keeps clients connected to what matters most. The outcome? Smarter strategies, stronger deals, and relationships that last well beyond the contract.

A well-presented single-level retail building that offers a bright and inviting interior, ideal for a variety of retail or lifestyle uses. The open-plan layout is complemented by polished timber flooring, high ceilings, and extensive downlighting, creating a warm and modern shopping environment.

Large display windows provide excellent natural light and street visibility, enhancing the sense of space while drawing attention from passing foot traffic. The interior fit-out features built-in shelving, hanging rails, and display zones, all arranged to maximise functionality and presentation.

The rear portion includes a comfortable lounge or fitting area, staff amenities, and direct rear access for deliveries and convenience. The property also benefits from two on-title car spaces and is positioned just steps away from over 300 public car parks within The Concourse precinct.

Meticulously maintained and tastefully finished, this property combines quality presentation with strong commercial fundamentals — a ready-made investment in one of Bayside’s most enduring retail locations.

Principle Outgoings

Site

Title particulars

Certificate of Title — Volume 8207 Folio 232 Lot. 34 LP40619

Zoning Commercial 1 Zone (CIZ)

Planning Overlays

Development Contributions Plan Overlay - Schedule 1 (DCPO1)

Design And Development Overlay - Schedule 7 (DDO7)

Special Building Overlay (SBO) Vegetation Protection Overlay - Schedule 3 (VPO3)

Municipality City of Bayside

All signs point to: East Concourse.

Positioned in the heart of Beaumaris, East Concourse offers a thriving retail environment that blends community charm with enduring commercial strength. Here are some notable aspects and benefits of buying property in this area:

Established Retail Precinct:

East Concourse stands as the beating heart of Beaumaris’ local commerce, known for its boutique atmosphere and high community engagement. The area enjoys consistent daily foot traffic from both loyal residents and visitors who frequent the Concourse for dining, shopping, and services.

Affluent Local Demographics:

The surrounding Bayside community is one of Melbourne’s most desirable residential pockets, home to established families and professionals with strong disposable income. This demographic base creates steady demand for premium retail, fashion, and lifestyle offerings.

Ample Customer Parking:

With over 300 public car parks available throughout The Concourse, businesses benefit from exceptional accessibility and convenience. Easy parking encourages longer visits and repeat patronage, supporting sustained customer flow throughout the week.

Vibrant Retail and Service Mix:

The precinct hosts a healthy blend of local favourites and well-known retailers such as IGA, Hagen’s Organics, Terry White, and Beaumaris Cellars. This synergy between established brands and boutique operators enhances cross-exposure and creates a thriving commercial ecosystem.

Prime Coastal Position:

Located just 860 metres from Beach Road, East Concourse captures a unique blend of local and coastal traffic. Its proximity to the beach and main arterial routes makes it a preferred stop for shoppers, professionals, and weekend visitors, strengthening its longterm commercial appeal.

34 East Concourse places your business in a highly visible, tightly held retail strip surrounded by strong local operators, steady foot traffic, and an affluent customer base — ensuring long-term growth and stability in one of Bayside’s most sought-after commercial hubs. AND THE POINT?

All signs point to: Beaumaris.

Beaumaris is one of Melbourne’s most coveted Bayside suburbs, renowned for its pristine coastline, leafy streets, and timeless village atmosphere. Set along Port Phillip Bay, the suburb offers a perfect balance between seaside relaxation and urban convenience, attracting professionals, families, and retirees who value quality living and community connection.

The area is anchored by The Concourse — a vibrant local hub filled with cafés, boutiques, medical services, and specialty retailers that serve as the heart of daily life in Beaumaris. This strong sense of community fosters consistent foot traffic and loyal patronage, making it an ideal environment for local businesses to flourish.

Beyond its retail appeal, Beaumaris boasts a wealth of lifestyle amenities, including top-rated schools, sporting clubs, scenic walking trails, and easy access to public transport. Its proximity to

Beach Road also ensures strong exposure to both local residents and visitors exploring Melbourne’s famous Bayside strip.

With its mix of affluence, accessibility, and enduring charm, Beaumaris remains a highly desirable location for business owners and investors seeking stability and long-term growth in a truly premium coastal setting.

And the point?

Tightly held, consistently in demand, and positioned within one of Bayside’s most established retail strips — 34 East Concourse offers investors the rare combination of security, style, and long-term performance. With a quality tenant in place and exceptional local amenity at its doorstep, this freehold investment delivers lasting appeal in a location that continues to stand the test of time.

SALES PROCESS AUCTION

Public Auction Sale Process

At CVA Property Consultants, we are committed to providing a transparent and structured approach to public auctions, ensuring all interested buyers have an equal opportunity to participate. Here is an outline of the key steps in our auction process:

1. Registering to Bid

We request that all interested parties register prior to auction, to ensure they are kept informed of any changes or updates. Registration can be done with the agent you are dealing with or on-site or online, depending on the auction format. Please ensure you provide all required identification and contact detai

2. Auction Day

On the day of the auction, the property will be offered for sale to the highest bidder. Bidding will be open, and participants can place bids. The auctioneer will guide the process, and once the highest bid is reached and meets the vendor’s reserve price, the property will be declared sold to that bidder. If the reserve is not met, the vendor may choose to negotiate with the highest bidder or withdraw the property from sale.

3. Contract and Settlement

Following a successful auction, the winning bidder must immediately sign the contract of sale and pay a deposit (10% of the purchase price). The remaining terms, including the settlement date, will be finalised between the vendor and the successful buyer. The property is considered sold upon the fall of the hammer, and both parties are legally bound by the contract at this point.

We are dedicated to clear communication and ensuring that all participants are fully informed throughout the public auction process. Our goal is to facilitate a seamless and respectful transaction for all parties involved.

REIV Auction Rules:

1. The Auctioneer may make one or more bids on behalf of the vendor of the land at anytime during the Auction.

2. The Auctioneer may refuse any bid.

3. The Auctioneer may determine the amount by which the bidding is to be advanced.

4. The Auctioneer may withdraw the property from sale at any time.

5. The Auctioneer may refer a big to the vendor at any time before the conclusion of the Auction.

6. In the event of a dispute concerning a bid, the Auctioneer may re-submit the property for sale at the last undisputed bid or start the bidding again.

7. The Auctioneer must not accept any bid or offer for a property that is made after the property has been knocked down to the successful bidder, unless the vendor or successful bidder at the Auction refuses to sign the contract following the auction.

8. If a reserve price has been set for the property and the property is passed on below the reserve price, the vendor will first negotiate with the highest bidder for the purchase of the property.

For more information, contact

Tim Cooney

0404 530 393

john.nockles@ cva.melbourne

Stirling Findlay

0481 848 240 stirling.findlay@ cva.melbourne

SALES PROCESS

BAYSIDE PLANNING SCHEME

COMMERCIAL 1 ZONE

Shown on the planning scheme map as B1Z , B2Z , B5Z or C1Z

Purpose

To implement the Municipal Planning Strategy and the Planning Policy Framework

To create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses.

To provide for residential uses at densities complementary to the role and scale of the commercial centre.

Operation

A schedule may apply under this zone to a planning scheme outside of metropolitan Melbourne That schedule may:

specify the maximum leasable floor area for office

specify the maximum leasable floor area for shop (other than restricted retail premises)

- Permit not

SALES PROCESS

Use

Informal outdoor recreation

Office

Place of worship

Railway

Retail premises (other than Shop)

Rooming house

Shop (other than Adult sex product shop)

Tramway

Any use listed in Clause 62.01

Section 2 - Permit required

Use

Adult sex product shop

Condition

The leasable floor area for all offices must not exceed any amount specified in the schedule to this zone.

The gross floor area of all buildings must not exceed 250 square metres.

Any frontage at ground floor level must not exceed 2 metres.

Must meet the requirements of Clause 52.23-2.

The leasable floor area for all shops must not exceed any amount specified in the schedule to this zone.

Must meet the requirements of Clause 62.01.

Condition

Must be at least 200 metres (measured by the shortest route reasonably accessible on foot) from a residential zone or, land used for a hospital, primary school or secondary school or land in a Public Acquisition Overlay to be acquired for a hospital, primary school or secondary school.

Agriculture (other than Animal production and Apiculture)

Container deposit scheme centre

Grazing animal production

Industry (other than Automated collection point and Container deposit scheme centre)

Leisure and recreation facility (other than Informal outdoor recreation, Major sports and recreation facility and Motor racing track)

Must not be a purpose listed in the table to Clause 53.10.

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SALES PROCESS

34 01-2

15/07/2013

VC100

Use

Place of assembly (other than Carnival, Cinema, Cinema based entertainment facility, Circus, Exhibition centre and Place of worship)

Utility installation (other than Minor utility installation and Telecommunications facility)

Warehouse

Any other use not in Section 1 or 3

Condition

Must not be a purpose listed in the table to Clause 53.10.

Must not be a purpose listed in the table to Clause 53.10.

34.01-3

31/07/2018

VC148

Section 3 - Prohibited

Use

Animal production (other than Grazing animal production)

Corrective institution

Major sports and recreation facility

Motor racing track

Small second dwelling

Use of land

A use must not detrimentally affect the amenity of the neighbourhood, including through the:

Transport of materials, goods or commodities to or from the land

Appearance of any building, works or materials

Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil

Subdivision

A permit is required to subdivide land

VicSmart applications

Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2.

Class of application

Subdivide land to realign the common boundary between 2 lots where:

The area of either lot is reduced by less than 15 percent. The general direction of the common boundary does not change.

Information requirements and decision guidelines

Clause 59.01

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BAYSIDE PLANNING SCHEME

SALES PROCESS

Class of application

Subdivide land into lots each containing an existing building or car parking space where:

The buildings or car parking spaces have been constructed in accordance with the provisions of this scheme or a permit issued under this scheme.

An occupancy permit or a certificate of final inspection has been issued under the Building Regulations in relation to the buildings within 5 years prior to the application for a permit for subdivision.

Subdivide land into 2 lots if:

The construction of a building or the construction or carrying out of works on the land:

– Has been approved under this scheme or by a permit issued under this scheme and the permit has not expired.

– Has started lawfully

The subdivision does not create a vacant lot.

34 01-4

01/12/2023

VC217

Buildings and works

Information requirements and decision guidelines

A permit is required to construct a building or construct or carry out works

This does not apply to:

The installation of an automatic teller machine

An alteration to an existing building façade provided:

The alteration does not include the installation of an external roller shutter

At least 80 per cent of the building facade at ground floor level is maintained as an entry or window with clear glazing

An awning that projects over a road if it is authorised by the relevant public land manager

An apartment development must meet the requirements of Clause 58

VicSmart applications

Subject to Clause 71 06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2

Class of application

Construct a building or construct or carry out works with an estimated cost of up to $500,000 where the land is not:

Within 30 metres of land (not a road) which is in a residential zone.

Used for a purpose listed in the table to Clause 53.10.

Used for an Adult sex product shop.

Information requirements and decision guidelines

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Clause 59.02
Clause 59.02
Clause 59.04
BAYSIDE PLANNING SCHEME

SALES PROCESS

BAYSIDE PLANNING SCHEME

Transitional provisions

Clause 58 does not apply to:

An application for a planning permit lodged before the approval date of Amendment VC136

An application for an amendment of a permit under section 72 of the Act, if the original permit application was lodged before the approval date of Amendment VC136

Maintenance

All buildings and works must be maintained in good order and appearance to the satisfaction of the responsible authority

34 01-5

08/09/2025 VC282

34 01-6

14/01/2025 VC237

Site description and design response

An application for any of the following must be accompanied by a site description and a design response as described in Clause 54 01, 55 01 or 57 01, as appropriate:

Construction or extension of one dwelling on a lot of less than 300 square metres.

Construction of a dwelling if there is at least one dwelling existing on the lot.

Construction of two or more dwellings on a lot.

Extension of a dwelling if there are two or more dwellings on the lot

Construction or extension of a dwelling on common property

Construction or extension of a residential building

Clause 34.01-5 does not apply to an apartment development.

Application requirements

Use

An application to use land must be accompanied by the following information, as appropriate:

The purpose of the use and the types of activities which will be carried out.

The likely effects, if any, on adjoining land, including noise levels, traffic, the hours of delivery and despatch of goods and materials, hours of operation and light spill, solar access and glare.

The means of maintaining land not required for immediate use

If an industry or warehouse:

– The type and quantity of goods to be stored, processed or produced

– Whether a Development Licence, Operating Licence, Permit or Registration is required from the Environment Protection Authority

– Whether a notification under the Occupational Health and Safety Regulations 2017 is required, a licence under the Dangerous Goods Act 1985 is required, or a fire protection quantity under the Dangerous Goods (Storage and Handling) Regulations 2022 is exceeded

– The likely effects on adjoining land, including air-borne emissions and emissions to land and water

Buildings and works

An application to construct a building or construct or carry out works must be accompanied by the following information, as appropriate:

A plan drawn to scale which shows:

SALES PROCESS

34 01-7

31/07/2018

VC148

34 01-8

08/09/2025

VC282

BAYSIDE PLANNING SCHEME

– The boundaries and dimensions of the site

– Adjoining roads

– The location, height and purpose of buildings and works on adjoining land

– Relevant ground levels – The layout of existing and proposed buildings and works – All driveway, car parking and loading areas

– Proposed landscape areas. –

All external storage and waste treatment areas.

Areas not required for immediate use.

Elevation drawings to scale showing the colour and materials of all buildings and works

Construction details of all drainage works, driveways, vehicle parking and loading areas

A landscape layout which includes the description of vegetation to be planted, the surfaces to be constructed, site works specification and method of preparing, draining, watering and maintaining the landscape area

An application to construct or extend an apartment development, or to construct or extend a dwelling in or forming part of an apartment development, must be accompanied by an urban context report and design response as required in Clause 58.01.

Exemption from notice and review

An application to subdivide land or construct a building or construct or carry out works is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act. This exemption does not apply to land within 30 metres of land (not a road) which is in a residential zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:

General

The Municipal Planning Strategy and the Planning Policy Framework

The interface with adjoining zones, especially the relationship with residential areas

Use

The effect that existing uses may have on the proposed use.

The drainage of the land.

The availability of and connection to services

The effect of traffic to be generated on roads

The interim use of those parts of the land not required for the proposed use

Subdivision

Provision for vehicles providing for supplies, waste removal and emergency services and public transport

The effect the subdivision will have on the potential of the area to accommodate the uses which will maintain or enhance its competitive strengths

SALES PROCESS

ZONE AND OVERLAYS

Building and works

The movement of pedestrians and cyclists, and vehicles providing for supplies, waste removal, emergency services and public transport.

The provision of car parking.

The streetscape, including the conservation of buildings, the design of verandahs, access from the street front, protecting active frontages to pedestrian areas, the treatment of the fronts and backs of buildings and their appurtenances, illumination of buildings or their immediate spaces and the landscaping of land adjoining a road.

The storage of rubbish and materials for recycling.

Defining the responsibility for the maintenance of buildings, landscaping and paved areas

Consideration of the overlooking and overshadowing as a result of building or works affecting adjoining land in a General Residential Zone, Housing Choice and Transport Zone, Neighbourhood Residential Zone, Residential Growth Zone or Township Zone

The impact of overshadowing on existing rooftop solar energy systems on dwellings on adjoining lots in a General Residential Zone, Housing Choice and Transport Zone, Mixed Use Zone, Neighbourhood Residential Zone, Residential Growth Zone or Township Zone

The availability of and connection to services

The design of buildings to provide for solar access

The objectives, standards and decision guidelines of Clause 54, Clause 55 and Clause 57 This does not apply to an apartment development

For an apartment development, the objectives, standards and decision guidelines of Clause 58

Transitional provisions

The objectives, standards and decision guidelines of Clause 55 of this scheme, as in force immediately before the approval date of Amendment VC136, continues to apply to:

An application for a planning permit lodged before that date.

An application for an amendment of a permit under section 72 of the Act, if the original permit application was lodged before that date.

Clauses 55 and 58 of this scheme, as in force immediately before the approval date of Amendment VC174, continue to apply to:

An application for a planning permit lodged before that date

An application for an amendment of a permit under section 72 of the Act, if the original permit application was lodged before that date

Clause 55 of this planning scheme, as in force immediately before the approval date of Amendment VC267, continues to apply to:

An application for a planning permit lodged before that date

An application for an amendment of a permit under section 72 of the Act, if the original permit application was lodged before that date.

Clause 54 of this planning scheme, as in force immediately before the commencement of Amendment VC282, continue to apply to:

An application for a planning permit lodged before that date

Page 7 of 8

SALES PROCESS

BAYSIDE PLANNING SCHEME

An application for an amendment of a permit under section 72 of the Act, if the original permit application was lodged before that date

34 01-9

31/07/2018

VC148 Signs

Sign requirements are at Clause 52.05. This zone is in Category 1.

Page 8 of 8

SALES PROCESS

45 06

31/07/2018

VC148

45.06-1

19/01/2006

VC37

BAYSIDE PLANNING SCHEME

DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY

Shown on the planning scheme map as DCPO with a number

Purpose

To implement the Municipal Planning Strategy and the Planning Policy Framework

To identify areas which require the preparation of a development contributions plan for the purpose of levying contributions for the provision of works, services and facilities before development can commence

Development contributions plan

A permit must not be granted to subdivide land, construct a building or construct or carry out works until a development contributions plan has been incorporated into this scheme

This does not apply to the construction of a building, the construction or carrying out of works or a subdivision specifically excluded by a schedule to this overlay

A permit granted must:

Be consistent with the provisions of the relevant development contributions plan

Include any conditions required to give effect to any contributions or levies imposed, conditions or requirements set out in the relevant schedule to this overlay

45 06-2

19/01/2006

VC37

Preparation of a development contributions plan

The development contributions plan may consist of plans or other documents and may, with the agreement of the planning authority, be prepared and implemented in stages.

The development contributions plan must:

Specify the area to which the plan applies

Set out the works, services and facilities to be funded through the plan, including the staging of the provision of those works, services and facilities

Relate the need for the works, services or facilities to the proposed development of land in the area

Specify the estimated costs of each of the works, services and facilities.

Specify the proportion of the total estimated costs of the works, services and facilities which is to be funded by a development infrastructure levy or community infrastructure levy or both.

Specify the land in the area and the types of development in respect of which a levy is payable and the method for determining the levy payable in respect of any development of land.

Provide for the procedures for the collection of a development infrastructure levy in respect to any development for which a permit is not required.

The development contributions plan may:

Exempt certain land or certain types of development from payment of a development infrastructure levy or community infrastructure levy or both

Provide for different rates or amounts of levy to be payable in respect of different types of development of land or different parts of the area

SALES PROCESS

44 05

01/07/2021 VC203

44 05-1

31/07/2018 VC148

44 05-2

16/10/2025 VC288

BAYSIDE PLANNING SCHEME

SPECIAL BUILDING OVERLAY

Shown on the planning scheme map as SBO with a number (if shown)

Purpose

To implement the Municipal Planning Strategy and the Planning Policy Framework

To identify land in urban areas liable to inundation by overland flows from the urban drainage system as determined by, or in consultation with, the floodplain management authority.

To ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity.

To protect water quality and waterways as natural resources by managing urban stormwater, protecting water supply catchment areas, and managing saline discharges to minimise the risks to the environmental quality of water and groundwater.

Flooding management objectives and statement of risk

A schedule to this overlay may contain:

Flooding management objectives to be achieved

A statement of risk

Buildings and works

A permit is required to construct a building or to construct or carry out works, including:

A fence

Roadworks, if the water flow path is redirected or obstructed

Bicycle pathways and trails.

Public toilets.

A domestic swimming pool or spa and associated mechanical and safety equipment if associated with one dwelling on a lot.

A rainwater tank with a capacity of not more than 10,000 litres.

A pergola or verandah, including an open-sided pergola or verandah to a dwelling or small second dwelling with a finished floor level not more than 800mm above ground level and a maximum building height of 3 metres above ground level.

A deck, including a deck to a dwelling or small second dwelling with a finished floor level not more than 800mm above ground level

A disabled access ramp

This does not apply:

If a schedule to this overlay specifically states that a permit is not required

To roadworks or bicycle paths and trails constructed or carried out by or on behalf of the Head, Transport for Victoria, to the satisfaction of the relevant floodplain management authority

To flood mitigation works carried out by the responsible authority or floodplain management authority

To the following works in accordance with plans prepared to the satisfaction of the responsible authority:

SALES PROCESS

ZONE AND OVERLAYS

BAYSIDE PLANNING SCHEME

– The laying of underground sewerage, water and gas mains, oil pipelines, underground telephone lines and underground power lines provided they do not alter the topography of the land

– The erection of telephone or power lines provided they do not involve the construction of towers or poles designed to operate at more than 66,000 volts

To landscaping, driveways, vehicle cross overs, footpaths or bicycle paths if there is no significant change to existing surface levels, or if the relevant floodplain management authority has agreed in writing that the flowpath is not obstructed

To an extension of less than 20 square metres in floor area to an existing building (not including an out-building), where the floor levels are constructed to at least 300mm above the flood level or if the relevant floodplain management authority has agreed in writing that the flowpath is not obstructed

To an upper storey extension to an existing building

To an alteration to an existing building where the original building footprint remains the same and floor levels are constructed to at least 300mm above flood level

To an out-building (including replacement of an existing building) if the out-building is less than 10 square metres in floor area and constructed to at least 150mm above the flood level or the relevant floodplain management authority has agreed in writing that the flowpath is not obstructed

To a replacement building (not including an out-building) if it is constructed to at least 300mm above the flood level and the original building footprint remains the same The responsible authority may require evidence of the existing building envelope

To fencing with at least 25% openings and with the plinth at least 300mm above the flood level

To a replacement fence in the same location and of the same type and materials as the existing fence

To a pergola or an open deck area with unenclosed foundations

To a carport constructed over an existing carspace

To an in-ground swimming pool and associated security fencing, where the perimeter edging of the pool is constructed at natural surface levels and excavated material is removed from the flowpath

To a tennis court at existing surface level with fencing designed to minimise obstruction to flows

To an aviary or other enclosure for a domestic animal if it is less than 10 square metres in floor area at ground level.

To open sided verandahs, open sided picnic shelters, barbeques and park furniture (excluding playground equipment) if there is less than 30mm change to existing surface levels.

To radio masts, light poles or signs on posts or attached to buildings.

VicSmart applications

Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2.

Class of

SALES PROCESS ZONE AND OVERLAYS

44.05-3

16/10/2025 VC288

BAYSIDE PLANNING SCHEME

Subdivision

A permit is required to subdivide land

VicSmart applications

Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2.

Class of application

Any of the following classes of subdivision:

Subdivide land to realign the common boundary between two lots where the area of either lot is reduced by less than 15 per cent and the general direction of the common boundary does not change.

Subdivide land into lots each containing an existing building or car parking space where:

– The buildings or car parking spaces have been constructed in accordance with the provisions of this scheme or a permit issued under this scheme.

– An occupancy permit or a certificate of final inspection has been issued under the Building Regulations in relation to the buildings within five years prior to the application for a permit for subdivision.

Subdivide land into two lots if:

– The construction of a building or the construction or carrying out of works on the land is approved under this scheme or by a permit issued under this scheme and the permit has not expired.

The construction or carrying out of the approved building or works on the land has started lawfully

– The subdivision does not create a vacant lot.

Subdivide land into two lots if:

A permit has been issued under a provision of a residential zone to construct up to two dwellings on the land and the permit has not expired.

Each lot will contain either:

one existing dwelling; or – one dwelling permitted to be constructed in accordance with the permit.

Provision

Clause 59.08

44.05-4

31/07/2018 VC148

Application requirements

Unless otherwise agreed in writing by the relevant floodplain management authority, an application to construct a building or construct or carry out works must be accompanied by a site plan which shows, as appropriate:

The boundaries and dimensions of the site

Relevant existing and proposed ground levels, to Australian Height Datum, taken by or under the direction or supervision of a licensed land surveyor

The layout, size and use of existing and proposed buildings and works, including vehicle parking areas

Floor levels of any existing and proposed buildings to Australian Height Datum

Cross sectional details of any basement entry ramps and other basement entries to Australian Height Datum, showing floor levels of entry and exit areas and drainage details

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SALES PROCESS

44.05-5

31/07/2018

VC148

44 05-6

31/07/2018

VC148

44 05-7

31/07/2018

VC148

BAYSIDE PLANNING SCHEME

Any other application requirements specified in a schedule to this overlay

Local floodplain development plan

If a local floodplain development plan has been developed for the area and has been incorporated into this scheme, an application must be consistent with the plan

Exemption from notice and review

An application under this overlay is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act

Referral of applications

An application must be referred to the relevant floodplain management authority under Section 55 of the Act unless in the opinion of the responsible authority, the proposal satisfies requirements or conditions previously agreed to in writing between the responsible authority and the floodplain management authority.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:

The Municipal Planning Strategy and the Planning Policy Framework

Any local floodplain development plan

Any comments from the relevant floodplain management authority

The existing use and development of the land.

Whether the proposed use or development could be located on flood-free land or land with a lesser flood hazard outside this overlay.

The susceptibility of the development to flooding and flood damage.

Flood risk factors to consider include:

– The frequency, duration, extent, depth and velocity of flooding of the site and accessway

– The flood warning time available

– The danger to the occupants of the development, other floodplain residents and emergency personnel if the site or accessway is flooded

The effect of the development on redirecting or obstructing floodwater, stormwater or drainage water and the effect of the development on reducing flood storage and increasing flood levels and flow velocities

Any other matters specified in a schedule to this overlay

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42 02

31/07/2018

VC148

42 02-1

31/07/2018

VC148

42.02-2

28/10/2022

VC224

BAYSIDE PLANNING SCHEME

VEGETATION PROTECTION OVERLAY

Shown on the planning scheme map as VPO with a number

Purpose

To implement the Municipal Planning Strategy and the Planning Policy Framework

To protect areas of significant vegetation.

To ensure that development minimises loss of vegetation.

To preserve existing trees and other vegetation.

To recognise vegetation protection areas as locations of special significance, natural beauty, interest and importance

To maintain and enhance habitat and habitat corridors for indigenous fauna

To encourage the regeneration of native vegetation

Vegetation significance and objectives

A schedule to this overlay must contain:

A statement of the nature and significance of the vegetation to be protected The vegetation protection objectives to be achieved.

Permit requirement

A permit is required to remove, destroy or lop any vegetation specified in a schedule to this overlay

This does not apply:

If the table to Clause 42 02-3 specifically states that a permit is not required

To the removal, destruction or lopping of native vegetation in accordance with a native vegetation precinct plan specified in the schedule to Clause 52 16

VicSmart applications

Subject to Clause 71 06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2

Class of application

Remove, destroy or lop one tree provided:

A permit has not been granted for a VicSmart application to remove, destroy or lop a tree on the same land within the last 12 months

There is no other current VicSmart application to remove, destroy or lop a tree on the same land

Information requirements and decision guidelines

Clause 59.06

SALES PROCESS

42.02-3

16/08/2024 VC262

Table of exemptions

BAYSIDE PLANNING SCHEME

The requirement to obtain a permit does not apply to:

Emergency works

Vegetation that is to be removed, destroyed or lopped:

in an emergency by, or on behalf of, a public authority or municipal council to create an emergency access or to enable emergency works; or where it presents an immediate risk of personal injury or damage to property Only that part of the vegetation that presents the immediate risk may be removed, destroyed or lopped under this exemption.

Extractive industry

Fire protection

Geothermal energy exploration and extraction

Greenhouse gas sequestration and exploration

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary to enable the carrying out of extractive industry in accordance with a work plan approved under the Mineral Resources (Sustainable Development) Act 1990 and authorised by a work authority granted under that Act.

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary to enable the carrying out of any of the following fire protection activities:

fire fighting; planned burning;

making or maintenance of a fuelbreak or fire fighting access track (or any combination thereof) that does not exceed a combined width of 6 metres;

making a strategic fuelbreak up to 40 metres wide by, or on behalf of, a public authority in accordance with a strategic fuelbreak plan approved by the Secretary to the Department of Environment, Land, Water and Planning (as constituted under Part 2 of the Conservation, Forests and Lands Act 1987 );

is ground fuel within 30 metres of a building and is vegetation other than native vegetation;

in accordance with a fire prevention notice issued under either: – section 87 of the Fire Rescue Victoria Act 1958 ; – section 65 of the Forests Act 1958 ; or – section 41 of the Country Fire Authority Act 1958 keeping vegetation clear of, or minimising risk of bushfire ignition from, an electric line in accordance with a code of practice prepared under Part 8 of the Electricity Safety Act 1998 ;

minimising the risk to life and property from bushfire on a roadside of a public road managed by the relevant responsible road authority, and carried out by, or on behalf of that authority in accordance with the written agreement of the Secretary to the Department of Environment, Land, Water and Planning (as constituted under Part 2 of the Conservation, Forests and Lands Act 1987 ). In this exemption, roadside, public road and responsible road authority have the same meanings as in section 3 of the Road Management Act 2004

Note: Additional permit exemptions for bushfire protection are provided at Clause 52.12.

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary in accordance with an operation plan approved under the Geothermal Energy Resources Act 2005

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary in accordance with an operation plan approved under the Greenhouse Gas Geological Sequestration Act 2008

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OVERLAYS

The requirement to obtain a permit does not apply to:

Land management and directions notice

Land use conditions

Mineral exploration and extraction

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary to comply with a land management notice or directions notice served under the Catchment and Land Protection Act 1994

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary to comply with a land use condition served under the Catchment and Land Protection Act 1994

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary by the holder of an exploration, mining, prospecting, or retention licence issued under the Mineral Resources (Sustainable Development) Act 1990:

that is low impact exploration within the meaning of Schedule 4A of the Mineral Resources (Sustainable Development) Act 1990 ; or in accordance with a work plan approved under Part 3 of the Mineral Resources (Sustainable Development) Act 1990

Note: Schedule 4A of the Mineral Resources (Sustainable Development) Act 1990 specifies limits on the extent of native vegetation that may be removed as part of low impact exploration.

Noxious weeds Vegetation that is a noxious weed subject of a declaration under section 58 or section 58A of the Catchment and Land Protection Act 1994 This exemption does not apply to Australian Dodder ( Cuscuta australis ).

Pest animal burrows

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary to enable the removal of pest animal burrows.

In the case of native vegetation the written agreement of an officer of the department responsible for administering the Flora and Fauna Guarantee Act 1988 is required before the vegetation can be removed, destroyed or lopped.

Planted vegetation

Railways

Vegetation that is to be removed, destroyed or lopped that was either planted or grown as a result of direct seeding for Crop raising or Grazing animal production.

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary to maintain the safe and efficient function of an existing railway, or railway access road, in accordance with the written agreement of the Secretary to the Department of Environment, Land, Water and Planning (as constituted under Part 2 of the Conservation, Forests and Lands Act 1987 ).

Regrowth Vegetation that is to be removed, destroyed or lopped that has naturally established or regenerated on land lawfully cleared of naturally established vegetation, and is:

bracken ( Pteridium esculentum ); or within the boundary of a timber production plantation, as indicated on a Plantation Development Notice or other documented record, and has established after the plantation.

This exemption does not apply to land on which vegetation has been destroyed or otherwise damaged as a result of flood, fire or other natural disaster

Road safety

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary by and on behalf of a public authority or municipal council to maintain the safe and efficient function of an existing public road in accordance with the written agreement of the Secretary to the Department of Environment, Land, Water and Planning (as constituted under Part 2 of the Conservation, Forests and Lands Act 1987 ).

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SALES PROCESS

The requirement to obtain a permit does not apply to:

Stone exploration Vegetation is to be removed, destroyed or lopped to the minimum extent necessary to enable the carrying out of Stone exploration.

The maximum extent of vegetation removed, destroyed or lopped under this exemption on contiguous land in the same ownership in a five year period must not exceed any of the following:

1 hectare of vegetation which does not include a tree.

15 trees with a trunk diameter of less than 40 centimetres at a height of 1.3 metres above ground level.

5 trees with a trunk diameter of 40 centimetres or more at a height of 1.3 metres above ground level.

This exemption does not apply to costeaning and bulk sampling activities.

Surveying

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary by, or on behalf of, a licenced surveyor (within the meaning of section 3 of the Surveying Act 2004 ) using hand-held tools to establish a sightline for the measurement of land.

Traditional owners Vegetation that is to be removed, destroyed or lopped by a person acting under, and in accordance with:

a natural resources agreement under Part 6 of the Traditional Owners Settlement Act 2010 ; or

an authorisation order made under sections 82 or 84 of the Traditional Owner Settlement Act 2010 as those sections were in force immediately before the commencement of section 24 of the Traditional owners Settlement Amendment Act in 2016 (1 May 2017).

Tram stops Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary by or on behalf of the Head, Transport for Victoria to construct a tram stop, including a tram stop shelter

Transport land

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary by or on behalf of the Head, Transport for Victoria on land in a Transport Zone, or in a Public Acquisition Overlay if the Head, Transport for Victoria is the acquiring authority, to construct or maintain transport system infrastructure.

42.02-4 31/07/2018 VC148 Application requirements

An application must be accompanied by any information specified in a schedule to this overlay

42.02-5 31/07/2018 VC148 Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:

The Municipal Planning Strategy and the Planning Policy Framework

The statement of the nature and significance of the vegetation to be protected and the vegetation protection objective contained in a schedule to this overlay

The effect of the proposed use, building, works or subdivision on the nature and type of vegetation to be protected

The role of native vegetation in conserving flora and fauna

The need to retain native or other vegetation if it is rare, supports rare species of flora or fauna or forms part of a wildlife corridor

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The need to retain vegetation which prevents or limits adverse effects on ground water recharge

The need to retain vegetation:

– Where ground slopes exceed 20 percent

– Within 30 metres of a waterway or wetland –

On land where the soil or subsoil may become unstable if cleared

– On land subject to or which may contribute to soil erosion, slippage or salinisation

– In areas where the removal, destruction or lopping of vegetation could adversely affect the integrity or long term preservation of an identified site of scientific, nature conservation or cultural significance

– Which is of heritage or cultural significance.

The need to remove, destroy or lop vegetation to create a defendable space to reduce the risk of bushfire to life and property.

Any relevant permit to remove, destroy or lop vegetation in accordance with a land management plan or works program.

Whether the application includes a land management plan or works program.

Whether provision is made or is to be made to establish and maintain vegetation elsewhere on the land

Any other matters specified in a schedule to this overlay

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