A planning permit was issued, but my client changed their mind – can planning permissions be changed in Victoria?

Welcome to our blog series aimed at Buyer’s Agents and Advocates in Victoria. Throughout this series, we explore the critical role of town planning in identifying property potential, mitigating risk, and enhancing the strategic advice you provide to your clients. Navigating Victoria’s planning system can be complex, but understanding key planning considerations can be a significant asset in your service offering.

Further reading in this series:

It’s not uncommon for plans to evolve during a property project in Victoria. Your client might have received a planning permit based on one set of designs or intentions, but due to new ideas, site conditions, or evolving project goals, they now wish to make alterations.

Once a planning permit is issued by Council, is that design and set of conditions final, or can planning permissions be changed?

Yes, planning permits in Victoria can often be changed, but it requires a formal application process to the Responsible Authority (usually the local Council) known as a Section 72 Amendment under the Planning and Environment Act 1987.

Why might a client need to amend an existing planning permit?

Reasons for seeking an amendment to an existing planning permit vary, but often include:

  • Design Modifications: The client or their architect/designer may want to alter the external appearance, internal layout (if it affects the exterior or planning considerations like overlooking), size, or materials of the approved buildings.
  • Adjusting Project Scope: Changes to the number of dwellings in a multi-unit development, altering the floor area of a commercial space, or modifying subdivision boundaries from the original approval.
  • Responding to Unforeseen Issues: Discovering unexpected site conditions (like rock or unmapped easements) after the permit is issued might necessitate design or layout changes that require amending the permit.
  • Changing Permit Conditions: Sometimes, a specific condition imposed by Council on the original permit becomes problematic, and the client may seek to modify or remove it.
  • Evolving Project Goals: A change in market focus or the client’s investment strategy might necessitate adapting the approved project to a slightly different use or configuration.
  • Change in Policy: Updates to the Planning Scheme or local Council policies after the permit was issued can sometimes necessitate changes to the approved plans or conditions to ensure ongoing compliance or facilitate future stages of the project.

What is the planning process for a Section 72 Amendment?

The application process for a Section 72 Amendment is similar in principle to applying for a new planning permit, although its complexity depends on the nature and significance of the proposed changes. It typically involves:

  1. Preparing the Application: This includes submitting revised plans clearly showing the proposed changes, and a written submission justifying these changes against the relevant planning controls and explaining why the amendment is being sought.
  2. Council Assessment: Council planners evaluate the proposed amendments against the objectives and requirements of the Planning Scheme and in the context of the original permit approval.
  3. Public Notification: If the proposed changes are considered to cause potential detriment to neighbours or significantly alter the approved outcome, Council may require public notification, giving affected parties an opportunity to comment or object.
  4. Council Decision: Based on their assessment and any public feedback, Council decides whether to approve the amendment (which may involve updated or new conditions) or refuse the application.
  5. Appeals: As with original permit applications, decisions on Section 72 Amendments can be appealed to the Victorian Civil and Administrative Tribunal (VCAT).

Understanding this process is valuable for Buyer’s Agents and their clients who undertake property development projects, as it demonstrates that permits offer some flexibility to adapt to changing circumstances, provided the proposed modifications are still acceptable within the planning framework and are sought through the correct formal process.

Need a planning consultant to help with Section 72 amendments?

AS Planning has extensive experience in managing Section 72 Amendment applications for a wide range of planning permits across Victoria. We can assess the planning merit of proposed changes to existing permits, prepare the necessary documentation, liaise with Council and relevant authorities, and guide the entire amendment process to seek approval for your clients’ revised project requirements. Request a quote today.

Planning for Retirement: How can town planning advice help clients downsize or repurpose property assets?

Welcome to our blog series aimed at Buyer’s Agents and Advocates in Victoria. Throughout this series, we explore the critical role of town planning in identifying property potential, mitigating risk, and enhancing the strategic advice you provide to your clients. Navigating Victoria’s planning system can be complex, but understanding key planning considerations can be a significant asset in your service offering.

Further reading in this series:

Retirement is a significant life transition that often involves adjusting living arrangements and leveraging assets. For your Victorian clients, their property holdings are frequently their most valuable asset, and strategic planning around these can be key to their retirement goals. How can town planning specifically help clients looking to downsize or repurpose property as part of their retirement plan?

Understanding the planning options available allows you to provide tailored advice that helps clients utilise their property assets in ways that align with their evolving lifestyle during retirement.

Town planning strategies for retirement & downsizing goals:

Town planning regulations provide the framework for several property strategies that can support retirement plans:

  • Generating Funds Through Subdivision: For clients who own a large family home on a sizeable block, a planning permit for subdivision might be possible. This allows them to carve off and sell a portion of the land, potentially generating significant funds for retirement, while keeping their existing home on a smaller, more manageable block size that meets minimum planning requirements.
  • Creating New Living Arrangements with a Dual Occupancy: Clients might wish to build a smaller, more accessible dwelling on their current property (or a new property they purchase) to move into themselves. This is typically known as a dual occupancy and requires a planning permit for the building design and layout against density and site coverage controls. The original house could then be rented out to provide income or sold.
  • Repurposing Existing Property: For clients who own commercial or rural properties, planning advice can clarify if a ‘Change of Use’ permit is feasible to repurpose the land or buildings for a different activity that better suits a retirement lifestyle or generates income in a less demanding way (e.g., converting a rural building to a bed and breakfast, subject to zoning and planning permission).
  • Assessing New Properties for Suitability: When assisting clients in purchasing a new property specifically for retirement, planning due diligence is crucial. It ensures the site allows for any desired future modifications (like accessibility ramps or extensions), fits within a preferred neighbourhood character defined by planning overlays, and doesn’t have hidden planning constraints that could impact their retirement living plans.

By understanding these specific planning mechanisms, you can help clients explore concrete, regulated options for their property assets that might not have considered, directly supporting their long-term financial and lifestyle planning in retirement.

Need a planning consultant with expertise in retirement & downsizing projects?

AS Planning provides expert town planning advice to help Buyer’s Advocates support their clients’ retirement and downsizing goals in Victoria. We can assess the planning potential of existing properties for strategies like subdivision or dual occupancy, clarify options for repurposing commercial or rural holdings, and provide planning due diligence for potential new acquisitions, all while guiding the necessary planning permit processes according to the Victorian Planning Scheme. Get a quote today.

My investor client bought a property – what planning permits will they need and why?

Welcome to our blog series aimed at Buyer’s Agents and Advocates in Victoria. Throughout this series, we explore the critical role of town planning in identifying property potential, mitigating risk, and enhancing the strategic advice you provide to your clients. Navigating Victoria’s planning system can be complex, but understanding key planning considerations can be a significant asset in your service offering.

Further reading in this series:

Your investor client has successfully acquired a property in Victoria, perhaps identified through thorough due diligence or for its confirmed planning potential. Now they’re ready to move forward with their plans for the property. What regulatory steps are needed, specifically regarding planning permits from the local Council?

A planning permit is the formal document issued by the Responsible Authority (usually the local Council) that grants permission for a particular use or development to occur on a piece of land, ensuring it complies with the objectives and requirements of the Victorian Planning Scheme. Most significant changes to a property require one.

Common investor development projects that trigger the need for a planning permit:

Many typical investment strategies involve changes that require planning permission:

  • Creating Multiple Dwellings: This is a very common one. Whether building two dwellings on a block (a dual occupancy) or constructing a larger multi-unit development, a planning permit for the buildings themselves is almost always required. If the intent is to sell the dwellings separately, a planning permit for subdivision is also needed.
  • Building New Structures: Constructing a new commercial building, industrial warehouse, or even significant outbuildings in certain zones or overlays requires a planning permit.
  • Changing the Use of Land or Buildings: If your client intends to use a property for something different than its established or permitted use (e.g., converting a former retail shop into a restaurant, setting up a medical clinic in a residential area where it’s not permitted ‘as of right’, operating a specific type of business from a commercial building), a ‘Change of Use’ planning permit is often necessary.
  • Significant Alterations or Additions: While minor internal renovations usually don’t need a planning permit, significant external alterations, large extensions, or changes to building appearance, particularly in areas with design controls or on commercial properties, can trigger permit requirements.
  • Developments on Rural Land: Many activities on rural-zoned land, such as building a house, subdivision, or even certain agricultural practices like intensive animal husbandry, require planning permits.

Why do we need to go through the planning permit process?

The planning permit system exists to manage how land is used and developed in Victoria. It ensures that proposals meet the requirements of the Planning Scheme, consider the surrounding neighbourhood character, manage potential impacts (like traffic, noise, or overlooking), and align with broader strategic planning goals for the area. By going through the process, Council assesses that your client’s project is appropriate for its location.

A planning professional understands the specific triggers for permits within the Planning Scheme and the detailed information Council requires for assessment. They can prepare and manage the application on behalf of your client.

Need to engage a planning consultant for your investor development project?

AS Planning specialises in preparing, lodging, and managing planning permit applications for a wide range of residential, commercial, and rural investment projects across Victoria. We interpret the Planning Scheme requirements, prepare all necessary documentation (including coordinating specialist reports), liaise with Council and relevant authorities, and navigate the entire application process, aiming for efficient approval to help your clients proceed with their investment goals. Request a quote today.

Subdivision & Development: How do I know if a property has genuine planning potential?

Welcome to our blog series aimed at Buyer’s Agents and Advocates in Victoria. Throughout this series, we explore the critical role of town planning in identifying property potential, mitigating risk, and enhancing the strategic advice you provide to your clients. Navigating Victoria’s planning system can be complex, but understanding key planning considerations can be a significant asset in your service offering.

Further reading in this series:

Finding a property with strong subdivision or development potential is often a key driver for your investor clients. A large block or a favourable zone designation looks promising on paper. But how can you definitively know if a property has genuine, planning potential that will be supported by the local Council, rather than just theoretical capacity?

Determining the planning feasibility of a site is the critical step. This involves an expert assessment of how the Victorian Planning Scheme specifically applies to that property to confirm what is realistically achievable.

Planning Feasibility: The First Hurdle for Subdivision and Development

Before considering design concepts or construction costs, the most fundamental question is always: “Does the planning framework allow this?” Planning feasibility, assessed by a town planner, answers this question. It determines if subdivision or a specific type of development (like building multiple units, or a commercial premises) is permissible on that particular site according to its zoning, relevant overlays, and the many specific clauses within the Planning Scheme.

This is distinct from:

  • Design Feasibility: How a building designer or architect can physically fit a project onto the site while meeting building codes and planning requirements.
  • Cost Feasibility: Whether the project is financially viable based on construction costs, expected sale prices, etc.

Planning feasibility must be established first. If the planning controls make a proposal unviable from a regulatory standpoint, design and cost considerations become moot.

Key planning factors dictating genuine potential for subdivision & development:

A town planner evaluating a site for subdivision or development potential undertakes a detailed analysis of several critical planning aspects:

  • Zoning Controls: The zone (e.g., General Residential Zone, Commercial 1 Zone) dictates the primary purpose of land use and sets baseline rules for minimum lot sizes in subdivisions, or the types of development allowed.
  • Overlays: Overlays add another layer of control. For development, overlays related to design, neighbourhood character, or environmental sensitivity are crucial. For subdivision, Density Reduction Overlays or minimum lot size requirements in overlays are paramount.
  • Development Standards: Specific clauses within the Planning Scheme dictate requirements for things like maximum building height, site coverage (how much of the land can be built on), required setbacks from boundaries, car parking rates, and landscaping. These standards directly impact the potential yield and design of a development.
  • Site Characteristics: The unique features of the property itself – its size, shape, slope, orientation, existing vegetation, and presence of easements – all interact with the planning rules and standards to determine what’s truly plannable.

A planning professional interprets how all these interconnected rules and site features combine, drawing on their experience with Council’s application of the Planning Scheme, to provide a realistic assessment of the genuine subdivision pattern or development scale that would likely receive support.

Need support to determine the feasibility of you subdivision or development plans?

AS Planning specialises in providing clear, expert planning feasibility assessments for properties across Victoria. We analyse zoning, overlays, and all relevant planning scheme requirements in detail to confirm the genuine, plannable potential for subdivision or development on a site. We work collaboratively with building designers, who then assess how best to design a project based on the planning parameters we identify. Request a quote today.

Can planning due diligence help avoid a bad property purchase?

Planning due diligence checks - image of vacant block with wire fence around it.

Welcome to our blog series aimed at Buyer’s Agents and Advocates in Victoria. Throughout this series, we explore the critical role of town planning in identifying property potential, mitigating risk, and enhancing the strategic advice you provide to your clients. Navigating Victoria’s planning system can be complex, but understanding key planning considerations can be a significant asset in your service offering.

Further reading in this series:

As a trusted Buyer’s Agent, your primary goal is to guide clients towards smart property acquisitions and protect them from costly mistakes. Your due diligence process is thorough, covering market analysis, building condition, and legal checks.

But, can a deeper dive into the planning rules before buying truly safeguard your client from future headaches or missed opportunities?

Yes, absolutely. Integrating targeted town planning due diligence (in conjunction with design feasibility study led by an Architect) early in the purchasing process is a powerful tool for both risk mitigation and opportunity identification, providing a new level of clarity.

Why is proactive planning due diligence so important before a property purchase?

Investing time in a planning assessment before purchase commitment helps avoid properties with hidden issues that could derail a client’s plans:

  • Uncovering Restrictive Overlays: A property might be in a desired location and zone, but affected by an overlay (like Heritage, Environmental Significance, or Bushfire Management) that severely restricts renovation, development, or even vegetation removal in ways not immediately obvious. Planning due diligence identifies these early.
  • Revealing Non-Compliant Works: Sometimes, previous owners have undertaken building work or initiated a land use without the necessary planning permit. A planning check can help flag potential retrospective permit issues and compliance problems that would become the buyer’s responsibility.
  • Identifying Site-Specific Constraints: Features like easements, significant trees (potentially protected by planning overlays), or challenging interfaces with neighbouring properties can impose limitations addressed by planning rules. Understanding these upfront avoids nasty surprises.
  • Providing Realistic Potential: While a property might appear to have development potential (e.g., a large block), a planning review confirms if that potential is genuinely supported by the zoning, minimum lot sizes, and other planning controls, preventing overestimation of a property’s future use.

Planning due diligence or feasibility is distinct from:

  • Design Feasibility: How a building designer or architect can physically fit a project onto the site while meeting building codes and planning requirements.
  • Cost Feasibility: Whether the project is financially viable based on construction costs, expected sale prices, etc.

Get strategic with a pre-application planning meeting with your Council

For properties with complex planning controls or significant, but uncertain, potential, a facilitated pre-application meeting with the local Council as part of your due diligence is invaluable (both for planning and for design feasibility). Organised and led by a planning professional on your client’s behalf, this meeting allows for direct, preliminary feedback from Council planners on how they view key planning considerations, potential issues, and the likely requirements for any future applications. This step offers a higher degree of certainty early on, allowing your client to make a purchasing decision with greater confidence. It is recommended that you have a design feasibility study completed by an Architect to take to Council during this phase.

By integrating this level of planning investigation, you provide a more comprehensive due diligence service. You empower your clients with a realistic understanding of a property’s planning-related risks and verifiable opportunities before they sign the contract, strengthening their decision-making and potentially saving them from significant future problems.

Need support with pre-purchase planning due diligence?

AS Planning specialises in providing efficient, focused planning assessments tailored for Buyer’s Agents and Advocates during the critical due diligence period. We provide clear, realistic advice on a property’s planning potential and constraints based on the applicable Planning Scheme and can organise and facilitate pre-application Council meetings on your behalf to address key planning considerations early.
AS Planning work across all Council areas in Victoria, request a quote today.

Can planning advice help you sell your property or increase its value?

Image of real estate agent in front of a property at an open home, garden gate in the background.

Selling a property in Melbourne or in Victoria often involves more than just presenting the existing building or land. Many buyers are looking at potential – the possibility of renovating, extending, subdividing, or changing the property’s use down the track. However, uncertainty about what’s allowed under Victoria’s planning rules can be a major challenge, leading to buyer hesitation, lower offers, or resulting in a property up for auction being passed in.

Buyer uncertainty due to planning questions costs sellers and real estate agents

Potential buyers frequently have questions about a property’s future potential, but they might not know how to find the official answers. They wonder:

  • Can I subdivide this land?
  • Could I convert this old shop into apartments or a cafe?
  • What size extension or new building is possible?
  • Will local planning overlays (like heritage or environmental) restrict my plans?
  • Are there specific rules about car parking or building height?

If these questions remain unanswered or the information is hard to find, buyers are left guessing. This uncertainty increases their perceived risk, often resulting in them moving on or reducing their offer to account for the unknown planning challenges they might face.

Planning clarity could add value for proactive real estate agents and property vendors

Instead of leaving buyers to do complex planning investigations on their own (often under tight deadlines), vendors and agents can proactively provide this clarity upfront. Obtaining professional town planning advice before listing the property transforms planning unknowns into clear facts.

This doesn’t mean getting a permit before selling, but rather getting expert advice on what the planning scheme allows for the site. This proactive approach helps sell your property by:

  1. Boosting Buyer Confidence: Providing clear, reliable information about planning potential or constraints removes doubt and makes buyers feel more secure in their investment.
  2. Highlighting Opportunities: Expert advice can reveal hidden potential (like subdivision or change of use) that might not be immediately obvious, showcasing exciting possibilities to buyers.
  3. Removing Roadblocks: Addressing potential planning issues upfront means buyers aren’t scared off by perceived problems that a planning professional can clarify or demonstrate are manageable.
  4. Strengthening the Sales Narrative: Real estate agents are empowered with accurate information to confidently discuss the property’s planning possibilities, making the listing more compelling.
  5. Streamlining the Process: Buyers armed with pre-sale planning information are more likely to proceed quickly and confidently, reducing the risk of delays or renegotiations based on later discoveries.

Common planning considerations that could impact your property sale

Certain planning aspects are particularly important to clarify early as they significantly influence a buyer’s perception of a property’s potential and value:

  • Subdivision Potential: Is the land zoned for subdivision? What are the minimum lot sizes and requirements? Knowing this definitively is a major drawcard.
  • Change of Use: For commercial or industrial properties, what other uses are permitted without a lengthy planning process? Identifying alternate uses can attract a wider range of buyers.
  • Development Capacity: Understanding site coverage, height limits, setbacks, and how these apply to potential renovations or new builds.
  • Overlay Implications: Clarifying how specific overlays (e.g., Heritage, Design & Development, Environmental Significance) might impact building design, materials, or tree removal.
  • Car Parking & Access: Are there specific requirements or flexibility regarding car parking that a buyer needs to know for their intended use?
  • Tree Protection: A common point of confusion. Determining if trees are protected and require permits for removal, or if they can be legally removed (more on this below).

Addressing planning concerns: Protected Tree Example

Trees on a property are a perfect example of how planning uncertainty can cause buyer hesitation. Are they protected natives? Are they noxious weeds? Will they prevent building? Waiting for a buyer to investigate this late can be detrimental.

Getting an Arborist Report (often a step recommended by a planning professional) clarifies the status of trees on site. It confirms which trees are protected under planning overlays and if a permit is required for removal. This factual information can be shared with buyers, removing a key unknown and demonstrating a clear path forward regarding landscaping or development around trees. This kind of clarity can be invaluable in reassuring buyers.

“But the buyer can just ask the Council before the auction.” This is not a reliable avenue to ensure planning clarity.

While Councils are helpful, their planning departments are busy. Asking them to provide detailed, site-specific planning advice for a property going to auction in a week or two is often unrealistic. Their responses may be delayed, general, or not tailored to a buyer’s specific development idea, leaving uncertainty unresolved right when clarity is needed most.

How professional planning advice helps

By engaging a town planning professional early in the sales process, you proactively address these potential issues. They review the relevant planning controls, can often liaise with Council on a preliminary basis, and provide you with a clear assessment of the property’s planning context and potential. This informed position allows you to present the property accurately and confidently, highlighting its true possibilities to the market.

AS Planning specialises in providing expert town planning advice across Victoria. We work with vendors and real estate agents to cut through the complexity and provide the planning clarity you need to enhance your property sale campaign.

Our services in this area include:

  • Reviewing your property’s specific zoning and overlay controls.
  • Liaising with the local Council to clarify planning requirements.
  • Providing detailed, easy-to-understand written planning assessments.
  • Identifying efficient pathways to understand and present development potential.

Let us help you turn planning unknowns into clear advantages, giving buyers the confidence to make their best offer. Get a quote today.

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.

Further reading in this series: 

 

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.

Further reading in this series: 

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.

Further reading in this series: 

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.

Further reading in this series: 

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.