When a property has a ‘Section 173 Agreement’ registered on it, what does this mean?

Welcome to the “Frequently Asked Planning Questions: Conveyancers and Solicitors Edition” blog series, where we dive into those often-tricky planning questions that come up when we’re working with the brilliant Conveyancers and Solicitors we partner with.

Here at AS Planning, we’re all about teamwork, and we regularly help you and your clients navigate the sometimes-complex world of planning in across Victoria. Ever find yourself scratching your head over a particular planning scenario? You’re definitely not alone! We’ve compiled some of the common questions we encounter that we hope will be a real asset to you and your firm in minimising risk, streamlining property transactions and adding value for your clients.

Engage AS Planning for professional support in navigating planning matters, strategic planning advice, and preparing and lodging applications. Request a quote today.

Example Planning Question:

 

“The title for a property my client is buying has a ‘Section 173 Agreement’ registered on it. What does this signify, and what are the potential ongoing obligations?”

Example Scenario:

Your client is purchasing a unique property that previously had a planning permit for a specific type of development (e.g., a reduced car parking permit in exchange for a public art contribution). The title search reveals a Section 173 Agreement. Your client intends to use the property for a different purpose and wants to understand if this agreement will affect his future plans.

Planning Perspective Considerations for a Section 173 Agreement:

A Section 173 Agreement is a legally binding agreement made between a landowner and a Council under Section 173 of the Planning and Environment Act 1987. It runs with the land and binds future owners. These agreements are often used to secure specific outcomes related to a planning permit.

Key Considerations:
  • Purpose of the Agreement: Section 173 Agreements can cover a wide range of matters, such as restrictions on land use, requirements for ongoing management, contributions to public open space, affordable housing, or limitations on future development.
  • Ongoing Obligations: The obligations outlined in the agreement are legally binding on all future owners of the land. These can be long-term and may have significant implications for how the property can be used or developed.
  • Impact on Future Plans: Your client’s intended use of the property might be restricted or subject to the conditions of the Section 173 Agreement.
  • Removal or Amendment: Amending or removing a Section 173 Agreement can be a complex legal and planning process, often requiring Council approval and potentially the agreement of other parties.

Section 173 Agreements can have long-lasting impacts on property use and development.

What does it mean when your property is in a ‘Growth Area’ and what is a ‘Growth Areas Infrastructure Contribution (GAIC)?

Welcome to the “Frequently Asked Planning Questions: Conveyancers and Solicitors Edition” blog series, where we dive into those often-tricky planning questions that come up when we’re working with the brilliant Conveyancers and Solicitors we partner with.

Here at AS Planning, we’re all about teamwork, and we regularly help you and your clients navigate the sometimes-complex world of planning in across Victoria. Ever find yourself scratching your head over a particular planning scenario? You’re definitely not alone! We’ve compiled some of the common questions we encounter that we hope will be a real asset to you and your firm in minimising risk, streamlining property transactions and adding value for your clients.

Engage AS Planning for professional support in navigating planning matters, strategic planning advice, and preparing and lodging applications. Request a quote today.

Example Planning Question:

“The Section 32 for a property in a designated ‘Growth Area’ mentions a ‘Growth Areas Infrastructure Contribution (GAIC).’ What exactly is this, and who is liable for it?”

Example Scenario:

Your client is purchasing a newly subdivided block of land in Nar Nar Goon, a rapidly expanding outer eastern suburb of Melbourne. The Section 32 mentions a potential GAIC liability. My client is unsure what this contribution is for and whether she will be responsible for paying it now or in the future.

Planning Perspective Considerations for Growth Areas Infrastructure Contribution (GAIC):

Growth Areas Infrastructure Contributions (GAIC) are charges levied on land in designated growth areas to fund essential infrastructure like roads, schools, parks, and community facilities needed to support the growing population.

Key Considerations:
  • Liability: Typically, the owner of the land at the time of a trigger event (often the first residential construction) becomes liable for the GAIC. However, the specific arrangements can vary, and sometimes the vendor might have already paid a portion.
  • Trigger Events: Common trigger events include the issue of a building permit for a residential dwelling or further subdivision of the land.
  • Contribution Rates: GAIC rates are set by the Victorian State Government and can vary depending on the location and the type of development.
  • Disclosure in Section 32: Sellers are legally required to disclose any potential GAIC liability in the Section 32. However, understanding the timing and amount of the contribution can be complex.
  • Impact on Development Costs: Buyers need to factor potential GAIC payments into their overall development costs.

Ensure your clients understand their potential GAIC obligations and how these contributions work.

Contact AS Planning today for planning advice, and support with planning application preparation and lodgement.

My client’s property is located in a “Bushfire Prone Area”, what are the key planning and building considerations I need them to know?

Welcome to the “Frequently Asked Planning Questions: Conveyancers and Solicitors Edition” blog series, where we dive into those often-tricky planning questions that come up when we’re working with the brilliant Conveyancers and Solicitors we partner with.

Here at AS Planning, we’re all about teamwork, and we regularly help you and your clients navigate the sometimes-complex world of planning in across Victoria. Ever find yourself scratching your head over a particular planning scenario? You’re definitely not alone! We’ve compiled some of the common questions we encounter that we hope will be a real asset to you and your firm in minimising risk, streamlining property transactions and adding value for your clients.

Engage AS Planning for professional support in navigating planning matters, strategic planning advice, and preparing and lodging applications. Request a quote today.

Example Planning Question:

 

“The Section 32 indicates the property is in a ‘Bushfire Prone Area.’ What are the key planning and building considerations I need to highlight to my client?”

Example Scenario:

Your client is purchasing a property in a beautiful, more rural setting in the Macedon Ranges. The Section 32 clearly states it’s within a designated Bushfire Prone Area. Your client is aware of potential insurance implications but isn’t fully across how this designation might affect future renovations or even day-to-day living.

Planning Perspective Considerations for properties in designated Bushfire Prone Areas:

Being in a Bushfire Prone Area triggers specific planning and building regulations aimed at minimising the risk to life and property. These go beyond insurance and can significantly impact development.

Key Considerations:
  • Bushfire Attack Level (BAL) Ratings: Any new buildings or significant renovations will likely require assessment to determine the Bushfire Attack Level (BAL). This rating dictates the construction standards, materials, and design features required to withstand different levels of bushfire intensity. AS Planning can help undertake the assessment.
  • Building Regulations: The Building Code of Australia has specific bushfire protection measures that must be incorporated into the design and construction of buildings in these areas. This can include fire-resistant materials, window and door protection, and water tank requirements.
  • Planning Scheme Overlays: Bushfire Management Overlays (BMOs) in planning schemes often contain specific requirements related to vegetation management, access for emergency vehicles, and defendable space around buildings.
  • Vegetation Management: Restrictions may apply to the clearing of native vegetation, even on private land, to reduce fuel loads. Permits might be required for certain vegetation removal activities.
  • Property Maintenance: Ongoing property maintenance, such as maintaining defendable space and managing vegetation, becomes a crucial responsibility for property owners in bushfire-prone areas.

Don’t let your clients underestimate the planning and building implications of purchasing property in a Bushfire Prone Area.

Ensure they are aware of the potential construction costs and ongoing responsibilities. Contact AS Planning today for expert advice on navigating bushfire prone area planning regulations, and support with planning application preparation and lodgement.

My client is purchasing a property in a ‘Residential Zone’ and wants to run a business from it. Is this allowed?

Welcome to the “Frequently Asked Planning Questions: Conveyancers and Solicitors Edition” blog series, where we dive into those often-tricky planning questions that come up when we’re working with the brilliant Conveyancers and Solicitors we partner with.

Here at AS Planning, we’re all about teamwork, and we regularly help you and your clients navigate the sometimes-complex world of planning in across Victoria. Ever find yourself scratching your head over a particular planning scenario? You’re definitely not alone! We’ve compiled some of the common questions we encounter that we hope will be a real asset to you and your firm in minimising risk, streamlining property transactions and adding value for your clients.

Engage AS Planning for professional support in navigating planning matters, strategic planning advice, and preparing and lodging applications. Request a quote today.

Example Planning Question:

 

“The Section 32 states the property is in a ‘General Residential Zone.’ My client wants to run a small online business from home. Is this automatically allowed?”

Example Scenario:

Your client is purchasing a property in a standard residential area of Geelong. She plans to operate a small business from one of the spare rooms. While the zoning is clearly “General Residential Zone,” you’re unsure if this type of home-based business is permissible without a planning permit or if there are any specific conditions she needs to be aware of.

Planning Perspective Considerations for Residential Zoning and Home Based Businesses:

While a residential zone primarily caters to housing, many planning schemes allow for certain “home-based businesses.” However, this permissibility often comes with specific limitations and criteria.

Key Considerations:
  • Definition of Home-Based Business: Planning schemes usually have a specific definition of what constitutes a home-based business. This often includes limitations on the scale of the operation, the number of non-resident employees, the amount of floor space used, and the impact on the amenity of the surrounding residential area (e.g., noise, traffic, parking, hours of operation).
  • Permit Requirements: Depending on the scale and nature of the proposed business, a planning permit might still be required even if it technically falls under the definition of a home-based business.
  • Amenity Impacts: Councils are concerned about protecting the amenity of residential areas. A home-based business that generates excessive traffic, noise, or parking issues is less likely to be approved or may face enforcement action if operating without a permit.
  • Advertising and Signage: Restrictions often apply to any external signage or advertising associated with a home-based business in a residential zone.

Don’t assume that a residential zoning automatically allows for all types of home-based businesses. Understanding the specific provisions of the local planning scheme is crucial to advising your client correctly.

Is your client planning to operate a business from their new residential property? Contact AS Planning consultants today for expert advice on the permissibility of home-based businesses within specific zones in your local area and comprehensive support preparing and lodging a planning application with your local Council.

What does a ‘Restrictive Covenant’ mean for my client’s future use and development of the land?

Welcome to the “Frequently Asked Planning Questions: Conveyancers and Solicitors Edition” blog series, where we dive into those often-tricky planning questions that come up when we’re working with the brilliant Conveyancers and Solicitors we partner with.

Here at AS Planning, we’re all about teamwork, and we regularly help you and your clients navigate the sometimes-complex world of planning in across Victoria. Ever find yourself scratching your head over a particular planning scenario? You’re definitely not alone! We’ve compiled some of the common questions we encounter that we hope will be a real asset to you and your firm in minimising risk, streamlining property transactions and adding value for your clients.

Engage AS Planning for professional support in navigating planning matters, strategic planning advice, and preparing and lodging applications. Request a quote today.

Example Planning Question:

 

“The title search for a property reveals a ‘Restrictive Covenant.’ What does this actually mean for my client’s future use and development of the land?”

 

Example Scenario:

Your client is purchasing a larger block of land in a developing outer suburb of Bendigo. The title search reveals a Restrictive Covenant dating back several decades. The wording seems somewhat vague, mentioning restrictions on “more than one dwelling” and “building materials.” Your client is hoping to potentially subdivide the land in the future or build a separate dwelling for his elderly parents.

Planning Perspective Considerations for a Restrictive Covenant:

A Restrictive Covenant is a private agreement registered on the property title that restricts how the land can be used or developed. Unlike planning scheme controls, these covenants are often created by developers and can be difficult to remove or vary.

Key Considerations:
  • Enforceability: While old, covenants can still be legally enforceable by other benefiting landowners (often within the original subdivision).
  • Scope of Restrictions: The wording of the covenant is critical. It might restrict the number of dwellings, building heights, materials used, or even the types of businesses that can operate. Vague wording can lead to interpretation disputes.
  • Impact on Development Potential: Covenants can severely limit a buyer’s ability to subdivide, build additional dwellings, or carry out certain types of development that would otherwise be permissible under the planning scheme.
  • Removal or Variation: Removing or varying a covenant is a legal process that can be complex, time-consuming, and often requires the consent of all benefiting parties or an application to the Supreme Court. It is not typically handled through the standard planning permit process.

Don’t assume a Restrictive Covenant is outdated or irrelevant. Its existence can have significant long-term implications for your client’s property rights and development aspirations.

Unravelling the complexities of Restrictive Covenants requires expert understanding. Ensure your clients are fully aware of the potential limitations on their property.

VC267 is here, it’s time to start your planning application

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Good news if you’re ready to start building! The wait is over – Planning Scheme Amendment VC267 has now been officially implemented into the Victorian Planning Scheme. If you’ve been keeping an eye on its progress, this marks the green light to move forward with your new residential building plans.

What Is VC267 and why does it matter?

For those of you focusing on building a new house or a dual occupancy, Amendment VC267 brings some important updates to ResCode (that’s Clause 54 and Clause 55 of the Victorian Planning Provisions). These changes aren’t just minor tweaks; they represent a push towards enhancing the liveability, sustainability, and overall design quality of new homes across Victoria.

If you’re in the early stages of planning a new residential project and haven’t yet lodged your planning permit application, it’s absolutely crucial to get your designs aligned with these new requirements right from the start. Getting it right early saves time, money, and potential headaches down the track.

Who should be paying attention to VC267 now?

If any of the following apply to your current or upcoming projects, now’s the time to get familiar with VC267:

  • You’re actively planning to build a new house or a dual occupancy.
  • You haven’t yet submitted your planning permit application to Council.
  • Your project site falls within a Residential, Mixed Use, or Township Zone.
  • You want to ensure your designs seamlessly comply with the updated standards of Clause 54 and Clause 55.

Engage a planning consultant like AS Planning to streamline the planning process

At AS Planning, we understand that staying on top of the latest planning scheme amendments is vital for successful building projects. We work with individuals and developers across Victoria, providing tailored support to ensure your new residential projects not only meet the requirements of VC267 but also achieve great design outcomes.

Think of us as your experienced guides through the updated ResCode landscape. We can collaborate with your architects and designers to ensure your vision aligns with the new standards, offering support from the initial feasibility assessments right through to managing your application with Council.

Here’s how we help our clients:

  • Early-Stage Insights: We offer thorough site analysis and ResCode compliance reviews to identify any potential opportunities or constraints early in the design process.
  • Application Expertise: We handle the meticulous preparation and submission of your planning permit application, ensuring all documentation is accurate and comprehensive.
  • Design Guidance: We provide practical advice on crucial elements like layout, setbacks, private open space design, and site coverage to meet the new standards effectively.
  • Collaborative Approach: We work closely with your designers and other consultants to ensure a coordinated and efficient process.
  • Council Advocacy: We manage the ongoing communication with Council, addressing any queries and keeping you informed throughout the assessment process.

Why choose AS Planning for your project?

We know you have choices when it comes to planning consultants. Here’s why individuals and builders across Victoria trust AS Planning with their residential projects:

  • Deep Residential Planning Knowledge: We have a strong track record and extensive experience navigating residential planning regulations throughout Victoria.
  • Current and Practical Advice: We provide clear, actionable advice based on the very latest planning controls, ensuring your project is on solid ground.
  • Trusted by Developers and Homeowners: We’ve built strong relationships with those undertaking new residential projects who rely on our expertise.
  • Transparent and Predictable: We offer fixed fees and a clear process, providing you with budget certainty.
  • Proven Results: Our 5-star rating and positive feedback from numerous clients speak to our commitment to achieving successful outcomes.

Ready to move forward with your VC267 compliant project?

With VC267 now in effect, it’s time to take those exciting new residential projects from concept to reality. Let AS Planning be your partner in navigating these updated regulations. Reach out for a consultation and quote. 

What do I need to be aware of when my clients Section 32 mentions a planning overlay?

Welcome to the “Frequently Asked Planning Questions: Conveyancers and Solicitors Edition” blog series, where we dive into those often-tricky planning questions that come up when we’re working with the brilliant Conveyancers and Solicitors we partner with.

Here at AS Planning, we’re all about teamwork, and we regularly help you and your clients navigate complicated planning matters across Victoria. Ever find yourself scratching your head over a particular planning scenario? You’re definitely not alone! We’ve compiled some of the common questions we encounter that we hope will be a real asset to you and your firm in minimising risk, streamlining property transactions and adding value for your clients.

Engage AS Planning for professional support in navigating planning matters, strategic planning advice, and preparing and lodging applications. Request a quote today.

Example Planning Question:

 

“The Section 32 for a property my client is purchasing mentions a ‘Heritage Overlay.’ What do I really need to be aware of beyond this simple statement?”

 

Example Scenario:

Your client is excited to purchase a charming period home in a well-regarded inner-city suburb of Melbourne. The Section 32 clearly states the property is within a Heritage Overlay. Your client envisions making some internal renovations and potentially adding a small rear extension in the future to create more living space for her growing family. As her Conveyancer, you’ve noted the overlay but aren’t entirely sure of the specific implications for your client’s plans.

Planning Perspective Considerations for Heritage Overlays

A Heritage Overlay isn’t just a label; it carries significant weight in the planning process. It means the local Council has identified the property (or the precinct) as having historical, architectural, or social significance. This overlay can impact everything from minor internal alterations to significant extensions or demolitions.

Key Considerations:
  • Permit Triggers: Even seemingly small changes might require a planning permit under a Heritage Overlay. This could include alterations to facades, window replacements, painting in certain colours, or even internal works that affect significant heritage fabric.
  • Design Guidelines: Councils often have specific design guidelines for properties within Heritage Overlays to ensure any new works are sympathetic to the heritage character. These guidelines can dictate materials, scale, form, and detailing.
  • Council Assessment: Applications within Heritage Overlays often undergo a more rigorous assessment process, potentially involving heritage advisors and neighbour notifications. This can lead to longer processing times and a higher likelihood of specific conditions being imposed.
  • Future Development Potential: The overlay can significantly restrict the potential for future extensions or redevelopment of the site.

Simply noting the presence of an Overlay in the Section 32 isn’t enough. Understanding the specific controls and their implications for your client’s current and future plans is crucial.

Heritage Overlays, like in this example can be complex. Engage AS Planning today for a clear understanding of the planning implications and comprehensive support from permit application preparation and lodgement, liaising with Council, through to final approvals.

Are planning approvals & permit requirements slowing down your Fit-Out project?

If you run a construction or design company specialising in business fit-outs, you will understand the importance of delivering a seamless transformation for your clients. Whether it’s a sleek new office, a state-of-the-art medical facility, or a trendy restaurant or cafe, the fit-out process can be complex and challenging. While you focus on the design and build of the space, navigating planning regulations and permit applications is another matter entirely.

This is where partnering with a planning consultant like AS Planning can make all the difference.

Why planning matters in Fit-Out projects

Fit-out projects aren’t just about aesthetics and functionality—they often involve significant changes to the use of a building, its internal layout, and even its external features. These changes can trigger planning requirements such as:

  • Change of Use Permits: Transforming an office into a childcare centre or converting retail space into a gym often requires Council approval for changing the designated use of the land under the relevant zoning or by triggering a car parking reduction.
  • Overlay Considerations, including Heritage: If your fit-out project is impacted by a planning overlay, such as heritage or flooding, additional restrictions may apply, requiring specialized planning knowledge.
  • Car Parking and Access: Modifications that increase foot traffic or staffing numbers—like new retail outlets or fitness centers—may necessitate compliance with car parking and vehicle accessibility standards.
  • Business Identification Signage: Installing or modifying signage to display your client’s business name or logo often requires Council planning approval. This is especially important for retail, hospitality, and office spaces, as poorly placed or unapproved signage can result in fines or removal orders from Council’s Planning Enforcement Team.
  • Liquor Licences: For hospitality fit-outs, particularly bars, restaurants, or cafes, acquiring or modifying a liquor license is a key step in the planning process. This process involves meeting local licensing requirements and often includes public notification and Council approval, which can be streamlined by a planning consultant.
  • Buildings and Works Approvals: Physical modifications to a building, such as structural changes, extensions and increases in floor area, may require a “buildings and works” permit. 

Navigating these requirements can be daunting for your clients, and even the smallest oversight could lead to costly delays, fines and potential action through the Victorian Civil and Administrative Tribunal (VCAT).

The benefits of working with a Planning Consultant

You should be able to maintain your focus on delivering a high-quality fit-out that meets your client’s vision. Handling planning applications and navigating local Council Planning Schemes, policies and regulations can take time away from the project itself. By partnering with a planning consultant like AS Planning, you not only save time, but also add value to your services.

Here’s how working with a planning consultant benefits both you and your clients:

1. Expert Planning Advice

AS Planning will assess the site before work even begins to identify any potential planning hurdles. Whether it’s understanding local zoning laws, determining if a change of use permit is needed, or dealing with environmental requirements, we ensure you’re prepared to address any and all planning issues before they arise.

2. Smooth Application Process

The planning process can involve multiple permit triggers—change of use, signage approvals, car parking considerations, and more. AS Planning will handle the preparation and lodgment of a comprehensive application that responds to all relevant planning considerations, ensuring the application is submitted correctly, reducing the risk of delays caused by missing documents or errors. This includes liaising with professional partners to obtain essential specialist reports required for applications, such as traffic, arboricultural and environmentally sustainable design (ESD).

3. Council Liaison

Dealing with local Councils can be time-consuming and complex. AS Planning acts as the liaison between your client and the Council, negotiating on their behalf and ensuring all planning considerations are appropriately responded to. This allows your team to focus on the fit-out without getting bogged down by red tape.

4. Compliance Assurance

Regulations around such considerations as accessibility, environmental impact, and heritage preservation can be intricate. A planning consultant ensures that all aspects of the project meet local and state policy requirements, so your clients don’t face compliance issues post-project.

5. Faster Project Completion

By handling planning matters from the outset, you minimise the risk of project delays due to planning compliance issues or permit refusals. A smooth planning process keeps your fit-out timeline on track, leading to faster completion and satisfied clients.

Focus on the Fit-Out, AS Planning can handle the planning permits and any planning red tape

Partnering with a planning consultant isn’t just a value-add for your clients—it’s an investment in the efficiency and success of your projects. By offering planning support, you can expand your service offerings and ensure your fit-outs are completed without the headache of planning delays.

Contact us today to learn more about how we can support your fit-out projects and help your clients through the planning process.

A planning consultants guide to Liquor Licences & Licenced Premises

Do you have a vision for opening a business in Victoria that involves selling or supplying alcoholic beverages?? It’s a great opportunity to create a vibrant community space where people can relax, socialise, and enjoy great food and drinks. However, establishing a successful business that serves alcohol requires careful navigation of planning regulations and requirements, permits, and business licences. Here’s a detailed guide to help you understand what’s involved in getting your establishment up and running in Victoria.

Lets’ start with the basics, what types of businesses require a Liquor Licence in Victoria?

A liquor licence is necessary for a range of businesses, including but not limited to:

  • Restaurants and Cafes: If you plan to serve alcohol alongside meals, a liquor licence is essential.
  • Bars and Pubs: Establishments that primarily serve alcoholic beverages to patrons must be licenced.
  • Nightclubs: Nightclubs offering alcohol for on-site consumption require licences.
  • Hotels and Motels: Businesses providing accommodation and serving alcohol on their premises need liquor licences.
  • Bottle Shops and Liquor Stores: Retail stores selling packaged alcoholic beverages for off-site consumption must be licenced.
  • Events and Catering Services: Catering businesses serving alcohol at events need licences.
  • Wineries, Breweries, and Distilleries: Producers and manufacturers of alcoholic beverages often require specific licences for tasting rooms and sales.
  • Sports Clubs and Associations: Clubs serving alcohol to members and guests need liquor licences.
  • Community Clubs: Social and community clubs offering alcohol services require licences.
  • Entertainment Venues: Theaters, concert halls, and similar entertainment venues serving alcohol need licences.

Step 1: Zoning and Planning Permits for licenced businesses

The first step in establishing a business that involves serving and consumption of alcohol is ensuring that your chosen location is appropriately zoned for such a business. Here’s what you need to know:

  • Zoning Requirements: In Victoria, zoning regulations determine where specific types of businesses can operate. Generally speaking, Commercial and Mixed-Use zones are favourable. However, if you’re considering a location in a different zone, such as a residential area, you may face additional restrictions and will likely need a planning permit.
  • Planning Permit: If your proposed location does not exempt your business from planning approval, you’ll need to apply for a planning permit. This application involves submitting detailed plans and information about how your business will operate, including but not limited to hours of operation, noise management, maximum patron capacity, signage and traffic considerations. When the sale and consumption of alcohol is part of your business, the application will also be assessed against Clause 52.27 – Licenced Premises of the Planning Scheme, which will include the need for a Cumulative Impact Assessment and a red line plan. Councils will assess how your business will impact the surrounding area, especially if it’s near residential zones.
  • Public Notification and Objections: Your planning permit application may need to be advertised to the public, giving nearby residents the opportunity to raise objections. Common concerns include noise, traffic, and late-night activity. If objections are raised, the Council may require additional conditions or modifications to your proposal.

Step 2: Liquor Licencing

One of the most critical aspects of opening a  business that will serve alcohol is obtaining the appropriate liquor licence:

  • Liquor License Types: In Victoria, liquor licenses are issued by the Victorian Commission for Gambling and Liquor Regulation (VCGLR). The type of license you need depends on the nature of your establishment:
    • Temporary limited licence
    • Major event liquor licence
    • Restaurant and cafe licence
    • Sporting or community club licence
    • Remote seller’s licence
    • Producers liquor licence
    • On-premises liquor licence
    • Live music liquor licence
    • Packaged liquor licence
    • General liquor licence
    • BYO liquor permit
    • Pre-retail liquor licence
    • Renewable limited licence
  • Licence Conditions: Liquor licences come with specific conditions that you must adhere to, including responsible service of alcohol (RSA) requirements, security measures, and limits on patron numbers. Compliance with these conditions is essential to maintaining your licence.
  • Licence Application Process: Applying for a liquor licence involves providing detailed information about your business, including floor plans, security arrangements, and strategies for managing intoxicated patrons. The application process can be lengthy, so it’s advisable to start early and seek appropriate professional advice..

Step 3: Business Licences and Permits for your business

In addition to zoning and liquor licencing, there are several other business licences and permits you’ll need:

  • Food Business Registration: If your establishment serves food, you must register as a food business with your local Council. This registration ensures that your kitchen and food handling practices comply with Victorian food safety standards.
  • Building Permit: If you plan to make structural changes to your premises, such as installing a commercial kitchen or altering the layout, you’ll need a building permit. This ensures that your building meets safety and accessibility standards.
  • Signage Permit: For exterior signs advertising your establishment, you may need a signage planning permit from your local Council. This permit ensures that your signage complies with relevant policy within the Planning Scheme regarding such aspects as size, illumination, and placement.
  • Outdoor Dining Permit: If you plan to offer outdoor seating, such as tables on a footpath or in a courtyard, you’ll need an outdoor dining permit. This permit regulates the use of public spaces to ensure pedestrian safety and accessibility.
  • Music and Entertainment License: If your establishment will feature live music, DJs, or any form of entertainment, you’ll need a licence from APRA AMCOS, which manages the rights to publicly perform music.
  • Trade Waste Agreement: If significant trade waste will be generated, including food waste and used cooking oil, you’ll need a trade waste agreement with your local water authority to manage and dispose of this waste properly.

How a Town Planning Consultant can help fast track the process

Opening a business that serves alcohol in Victoria involves navigating a complex web of regulations and permits. As a town planning consultancy, AS Planning can assist you in every step of the process — from selecting the right location and securing planning permits to applying for liquor licences, as well as business permits. Our goal is to help you open your establishment smoothly, minimising delays and ensuring that your business is set up for success.

Contact AS Planning today for expert advice and assistance with planning permits, liquor licences, and business permits. Let’s work together to turn your vision into a reality with a successful and compliant establishment!

Planning Permits, Licenses and Approvals for Takeaway Food Outlets and Franchises

Opening a takeaway food outlet or franchise in Victoria, whether it’s a well-known fast-food chain, a local independent takeaway, or a long-term food truck, requires careful planning and compliance with various regulations. To ensure your business runs smoothly and legally, you’ll need to navigate the processes for obtaining planning permits, business licences, and other necessary approvals. Here’s a guide on what’s required for different types of takeaway food businesses.

What are the different types of Takeaway Food Outlets?

Before diving into the specific permits and licences required, it’s important to understand the different categories of takeaway food businesses:

  • Fast Food Chains and Franchises: These are national or international brands offering quick-service meals, such as burgers, pizza, fried chicken, and more. These outlets typically offer both takeaway and dine-in options.
  • Independent Takeaways: Local businesses that provide a variety of quick meals, ranging from fish and chips to kebabs, sushi, and other fast-casual food options. These businesses are often standalone operations or small chains.
  • Long-term Food Trucks: Mobile units that are intended to stay on a premises long term, such as a kebab van at a petrol station. This in not to be confused with mobile food trucks which stay at a location short term, such as events, markets or specific locations with high foot traffic.

Each of these business types has unique considerations when it comes to planning permits, licences and approvals.

Step 1: Zoning and Planning Permits for takeaway food outlets and franchises

The first step in establishing a takeaway food outlet or franchise is ensuring your chosen location complies with local zoning regulations:

  • Zoning Requirements: In Victoria, zoning provisions dictate where specific types of businesses can operate. Fast food chains and independent takeaways are generally permitted in Commercial and Mixed-Use zones. However, if you’re considering a location in a different zone, such as a residential area, you may face additional restrictions and will likely need a planning permit.
  • Planning Permit: If your chosen location isn’t automatically zoned for a takeaway food business, you’ll need to apply for a planning permit. This process involves submitting detailed plans and information about how your business will operate, including its impact on traffic, parking, and local amenities. The Council will assess how your business will affect the surrounding area, particularly if it’s near residential zones.
  • Special Considerations for Food Trucks: Food trucks often have additional considerations, such as where they can park and operate. You may need a specific permit or approval from the local Council to operate in public spaces, markets, or events. Some Councils have designated areas or specific requirements for mobile food vendors. It is best to speak with your local Council in the first instance and if they advise a planning permit will be required, AS Planning is here to help.

Step 2: Business licences and permits for takeaway food outlets and franchises

In addition to planning permits, there are several other licences and permits you’ll need to operate a takeaway food outlet or franchise:

  • Food Business Registration: All food businesses in Victoria must register with their local Council. This registration ensures that your business complies with food safety standards and is subject to regular health inspections. Whether you’re running a fast-food franchise, an independent takeaway, or a food truck, this registration is mandatory.
  • Building Permit: If you’re making structural changes to a building, such as installing a commercial kitchen or altering the layout for a takeaway outlet, you’ll need a building permit. This ensures that the building meets safety and accessibility standards.
  • Signage Permit: For any exterior signage advertising your takeaway food outlet, you may need a signage planning permit from your local Council. This permit ensures that your signage complies with local regulations and policies within the Planning Scheme regarding size, illumination, and placement.
  • Mobile Food Vehicle Permit (for Food Trucks): If you operate a food truck, you’ll need a Mobile Food Vehicle Permit. This permit allows you to legally operate your food truck in designated areas and ensures compliance with health and safety regulations specific to mobile food businesses.
  • Trade Waste Agreement: Takeaway food outlets generate trade waste, including food scraps, used cooking oil, and packaging materials. You’ll need to enter into a trade waste agreement with your  local water authority to manage and dispose of this waste properly.
  • Outdoor Dining Permit: If your takeaway outlet or franchise plans to offer outdoor seating, such as tables on a footpath or in a courtyard, you’ll need an outdoor dining permit. This permit regulates the use of public spaces to ensure pedestrian safety and accessibility.

Step 3: Specific considerations for Franchises

For those opening a fast-food chain or franchise, there are additional considerations:

  • Bulk Licencing: Some franchises may have bulk licencing agreements for certain permits, such as liquor licences or food business registrations, which can streamline the process. However, you’ll still need to ensure that all local requirements are met.

How a Town Planning Consultant can help

Opening a takeaway food outlet, franchise, or long-term food truck in Victoria involves navigating regulations, permits, and licenses. As a town planning consultancy, AS Planning can assist you in every step of the process – from securing planning permits to business licences. Our expertise ensures that your business is set up for success, allowing you to focus on delivering great food to your customers.

Contact AS Planning today for expert advice and assistance with planning permits, business permits and licences.