Pre-application advice in Victoria
Ensure Council are involved from early in the project to ensure as smooth and efficient application process as possible.
What is a Planning Permit?
A planning permit is a legal document issued by your local council that gives you permission to develop land or use it in a specific way. It’s important to note that this is not a building permit – you may need both, but a planning permit focuses on how land can be used and developed in accordance with the Victorian Planning Provisions.
Step 1: Do You Need a Permit?
The first question to ask is whether your project even requires a planning permit. Not all developments do. For instance, some minor renovations, internal works, or certain land uses may not need one. However, significant projects like unit developments, subdividing land, or commercial developments typically will.
To find out if you need a permit, check your local council’s planning scheme or visit the Victorian Planning Portal. Planning schemes outline what is allowed in your zone, whether you’re in a residential, commercial, industrial, or special use zone. Keep an eye on overlays, such as heritage or environmental protection overlays, which could also affect your project.
Step 2: Pre-Application Meeting – Your Early Advantage
Before diving into the paperwork, it’s a good idea to arrange a pre-application meeting with your local council’s planning department. This often-overlooked step can save you time and headaches down the track. During the meeting, council planners will explain the application process, identify potential issues, and guide you on what documents will be required. This can help avoid delays by ensuring your application is complete when it’s submitted.
Why a Pre-Application Meeting Matters
- It gives you the opportunity to identify potential red flags early, such as inappropriate built form based on planning scheme policies or prohibited uses.
- You can clarify any specific planning requirements for your development.
- It allows you to build a relationship with council planners, which can be helpful during the decision-making process.
Step 3: Preparing Your Application
Once you know you need a permit, the real work begins—preparing your application. This involves several components:
- Application Form: You can usually download this from your local council’s website or fill it out online.
- Copy of Title: Provides proof of ownership and details any restrictions on the property.
- Site and Elevation Plans: These should detail your proposed development, including boundaries, existing structures, and any new additions. Make sure they are accurate, as discrepancies can cause delays.
- Supporting Documentation: Depending on the nature of your project, you may need additional reports such as a heritage impact statement, environmental assessments, or a traffic report. Assessments and reports will incur additional cost.
- Application Fee: Fees vary depending on the type and scale of your project, so make sure to check the fee schedule with your council.
It’s crucial to ensure all documents are detailed, accurate, and aligned with local planning regulations. Missing or incorrect information is a common reason for delays.
Step 4: The Advertising Process
Once your application is submitted, the council may need to advertise it to the public. This ensures that people who may be affected by the development, such as neighbors, are aware of it and have a chance to provide feedback or objections.
Advertising can take several forms:
- Notice on the property: A sign is put up at the development site for a set period.
- Letters to nearby residents: Direct notification of neighbors.
- Council website or local newspaper: Sometimes, larger projects are advertised online or in print.
Dealing with Objections
Public objections are part of the process, but they can be a stumbling block if not handled properly. Common objections might include concerns about privacy, noise, traffic, or the overall impact on the neighborhood. To mitigate objections, consider:
- Engaging with your neighbors early to explain the project and address concerns before they escalate.
- Modifying your plans where reasonable to accommodate legitimate concerns.
- Providing evidence or expert reports (such as traffic studies) that demonstrate how you will manage the impacts of your development.
Step 5: Council Assessment and Decision
After the advertising period closes, the council’s planning department will assess your application. They’ll review it against the local planning scheme, any referral advice received, and any objections received.
The council has 60 days to make a decision, but there are a number of factors that can pause or restart the clock. During the assessment, the council may suggest modifications to your proposal to align it with the planning scheme or address referrals and/or objections.
There are three potential outcomes:
- Permit Granted: Your permit is approved, possibly with conditions.
- Notice of Decision to Grant a Permit: Council have decided to grant a permit, however because of objections received they must issue a Notice of Decision (NOD). This gives any objectors 28 days to appeal the decision via the Victorian Civil and Administrative Tribunal (VCAT). The NOD will contain permit conditions, and should there be no appeal, the permit will be issued after 28 days.
- Permit Refused: If your application conflicts with planning laws or attracts significant objections, it may be refused.
If you’re not happy with the decision, or if your permit is refused, you can appeal to the VCAT within 60 days of the decision.
Step 6: Permit Conditions and Compliance
If you’re granted a permit, you must comply with any conditions set by the council. These conditions might relate to construction timelines, environmental management, or design alterations. Make sure you understand and follow these conditions to avoid complications later on.
Step 7: Amendments and Appeals
As your project progresses, you may find that you need to make changes to the original plans. If these are significant, you may need to apply for an amendment to your permit. This involves submitting new plans and going through a similar review process.
If you’re unhappy with the council’s decision—whether it’s a refusal or conditions you find unreasonable—you can appeal to VCAT. VCAT will review your case, considering both the council’s decision and the planning scheme, and either uphold, modify, or overturn the decision.
Key Takeaways for a Successful Application
- Engage early with your council’s planning department to identify issues and clarify requirements.
- Prepare thorough and accurate documentation to avoid delays.
- Consider community impacts and address potential objections proactively.
The planning permit process in Victoria can be complex, but with careful preparation and a proactive approach, you can increase your chances of success. Whether you’re a first-time developer or seasoned in property projects, following these steps will help ensure your application is smooth, efficient, and meets all regulatory requirements.
Need Help with Your Permit Application?
If you’re feeling overwhelmed or unsure about your permit application, engaging with a professional, such as a town planner or a planning consultant like AS Planning, can provide you with the expert advice and assistance needed to get your project over the line. Contact us today to learn more about how we can help.
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