Common law principles of dedication of public highways do not apply to Crown land in Victoria; dedication of Crown land as a highway is governed by statute (Land Act 1958, s 25). Clause 13.02-1S of the Victorian Planning Policy Framework applies to all planning decisions for land subject to a Bushfire Management Overlay, not only to new settlements or subdivisions. Compliance with technical bushfire requirements is necessary but not sufficient for a permit; the planning authority must undertake an evaluative assessment of bushfire risk prioritising the protection of human life. A Planning Advisory Note is not part of the planning scheme and cannot qualify or restrict the legal effect of scheme provisions.
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