Live Music Overlay – what is it?

Amendment VC305(Amendment) was gazetted on 26 October 2026 and is intended to support the operation of live music venues whilst managing the interface between those venues and new residential development.

The Amendment introduces a new Live Music Overlay (LMO) to clause 45.13, together with policy changes across the Planning Policy Framework and amendments to clause 53.06.

The amendment largely adopts the established “agent of change” principle and enshrines it in policy. In practical terms, responsibility is placed on new residential development to protect itself from noise generated by existing live music venues, rather than requiring existing venues to curtail operations because of subsequently established sensitive uses.

What does the Amendment do?

The Amendment:

• introduces a new clause 45.13 Live Music Overlay;
• introduces new strategic policy relating to cultural places and live music venues;
• amends clause 13.05-1S (Noise management);
• replaces clause 53.06;
• updates operational provisions in clause 71.06; and
• applies consequential changes across Victorian planning schemes to facilitate implementation of the new framework.

Live Music Overlay

The LMO is designed to:

• recognise the social, economic and cultural benefits of live music;
• protect noise-sensitive residential uses from unreasonable live music noise; and
• ensure new residential development does not compromise the operation of existing or future live music entertainment venues.

The overlay, rather than controlling the venue itself, it principally regulates the introduction of new noise-sensitive residential uses in proximity to live music venues.

What development is affected?

The overlay applies to applications under any zone to:

• use land for a noise sensitive residential use;
• construct a building associated with a noise sensitive residential use; or
• construct or carry out works associated with a noise sensitive residential use.

“Noise sensitive residential use” includes:

• dwellings;
• small second dwellings;
• rooming houses;
• residential aged care facilities;
• retirement villages;
• residential villages; and
• community care accommodation.

Importantly, the overlay does not apply to works associated with an existing dwelling or an existing small second dwelling.

What venues are protected?

The definition of “live music entertainment venue” is broad and includes:

• food and drink premises providing live music;
• nightclubs;
• function centres;
• residential hotels providing live music;
• rehearsal studios; and
• any other venue specified in an overlay schedule.

Protection extends beyond traditional pubs and music venues and captures a range of entertainment and hospitality uses.

New acoustic requirements

A central feature of the LMO is the requirement that new noise sensitive residential uses incorporate acoustic attenuation (a lessening in amount, force, magnitude, or value) measures.

The required outcome is that live music noise must be reduced to specified levels, namely:

• for indoor live music venues, compliance with the applicable noise limits under the Environment Protection Act 2017 framework and EPA Publication 1826.5; and
• for outdoor live music venues, noise levels below 45 dB(A) measured as an Leq over 15 minutes.

The overlay expressly allows noise assessment to occur within habitable rooms with windows and doors closed, reflecting contemporary acoustic design standards.

The practical effect is that the burden of managing the acoustic interface is transferred to the design and construction of new residential development rather than the operation of the venue.

Application requirements

Applications affected by the LMO must generally provide:

• a site analysis;
• identification of nearby live music venues;
• details of days and hours of venue operation;
• details of existing and proposed acoustic attenuation measures; and
• an assessment of the proposal’s impact on the functioning of the live music venue.

These requirements are directed towards demonstrating that the residential development can coexist with nearby live music activities without creating future land use conflict.

Decision guidelines

In addition to the usual clause 65 considerations, responsible authorities must consider:

• whether the design appropriately minimises noise impacts;
• whether future residents will be satisfactorily protected from unreasonable live music noise; and
• the impact of the proposal on existing and future live music venues.

Notably, decision makers are now expressly required to consider the operational viability of live music venues as part of permit assessment.

Practical implications

VC305 is a targeted amendment aimed at reducing land use conflicts that arise when residential development is proposed near established entertainment venues.

For proponents of residential development, the amendment means:

• additional due diligence will be required where a site is near a live music venue;
• acoustic reporting is likely to become a key component of permit applications;
• building design may need to incorporate enhanced attenuation measures; and
• the impact of development on venue operations will become an express planning consideration.

For operators of live music venues, the amendment provides greater planning protection by recognising that existing venues should not be unreasonably constrained by later residential encroachment.

Key takeaway

The substantive effect of the Amendment is the introduction of a statewide agent of changeframework for live music venues. Rather than requiring venues to adapt to new residential development, the planning system now requires new noise-sensitive residential uses to be designed and assessed in a manner that protects the ongoing operation of existing and future live music entertainment venues.