What you need to know about planning requirements for a commercial Padel Court in Victoria

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Padel (also known as paddle ball) is the latest sport sensation sweeping Melbourne and Victoria. If you are planning to establish a dedicated commercial Padel Centre or Court, the success of your project relies on getting planning approval for an Indoor Recreation Facility from your Council.

Use this guide from AS Planning to gain clarity on the essential technical requirements and due diligence steps needed to secure your Padel Ball Court Planning Permit.

Phase 1: Structural Feasibility and Site Selection for a Commercial Padel Ball Court or Centre

The unique, enclosed structure of a Padel court requires specific building dimensions that must be verified early in your due diligence.

The Padel Court Technical Requirements

  • Padel Court Dimensions: A standard court requires a footprint of approximately 20m × 10m (200 m²).
  • Vertical Space is Key: Due to the high walls and ball trajectory, you must confirm your building has a minimum clear internal height of 6 metres above the playing surface.
  • Professional Plans: A Designer or Draftsperson is essential to prepare accurate plans detailing the enclosed court structures, internal circulation, and overall layout for Council assessment.

Zoning and Land Use Verification (VicPlan)

Padel Centres are classified as an Indoor Recreation Facility, which generally requires a Use Permit under Victorian Planning Schemes.

  • Check Your Zone: Use VicPlan to verify your property’s zone. Commercial Zones are often the most supportive.
  • Industrial Areas: Be aware that some Councils actively discourage recreation uses in certain Industrial Precincts where policy mandates the protection of employment land.

Reviewing the Certificate of Title

  • Obtain the Title: Secure the current Certificate of Title from Landata.
  • Check for Restrictions: Look for any Restrictive Covenants or Section 173 Agreements that may legally prevent the establishment of a Padel Centre.

Expert Tip: A consultant like AS Planning identifies these documents, but you must obtain legal advice from a conveyancer or planning lawyer for interpretation.

Phase 2: Securing Council Clarity (Due Diligence)

Spending time and money on detailed plans for an unsuitable site is the biggest risk. You need Council’s preliminary view first.

Pre-application Advice on Site Suitability

  • Seek Formal Guidance: Present your Padel Centre concept to the local Council planning department.
  • Secure Written Feedback: Always obtain written advice (usually through a paid pre-application service). This confirms the Council’s preliminary position, identifies specific policy constraints, and streamlines the application process later.

Using the Planning Register for Precedent

Review Council’s planning register to see if similar Indoor Recreation or Padel proposals have been approved or refused nearby. Understanding local precedent strengthens your application strategy.

Phase 3: Technical Reports and Application Preparation

Once your site is confirmed as suitable, a successful Padel Court permit application requires a coordinated package of specialist reports to demonstrate compliance.

Essential Specialist Consultant Reports

Technical Requirement Consultant Needed Why It’s Necessary for Padel
Traffic & Parking Traffic Engineer Assesses parking supply, access, and ensures compliance with Clause 52.06. Insufficient parking is a common ground for Council refusal.
Acoustics Acoustic Engineer The repetitive, sharp impact noise of the Padel ball and paddle must be assessed to ensure surrounding sensitive uses (residential, office) are protected.
Building Code Private Building Surveyor Confirms compliance with the Victorian Building Regulations (VBR) and the National Construction Code (NCC), specifically for toilet and amenity capacity.

Operational Details for the Permit

Provide precise operational information for Council to assess the Use Permit:

  • Operating Hours: Clear weekday, weekend, and public holiday hours.
  • Patron Capacity: Maximum number of players, spectators, and staff onsite at any time.
  • Cumulative Impact: Account for any Existing Uses (e.g., gyms) on the site, as Council must assess the combined patron numbers and shared parking demand.

Get support with your application preparation, launch your commercial Padel Centre with AS Planning

AS Planning specialises in securing Planning Permits for Padel Centres in Melbourne and Victoria. We provide the expert guidance and coordination necessary to turn your due diligence into a successful permit application.

Our Expert Role (Post Due Diligence):

  • Full Planning Submission: We prepare the statutory planning report, addressing all local policy and zoning matters.
  • Consultant Coordination: We manage, integrate, and submit all specialist technical reports (Traffic, Acoustic, etc.).
  • Council Liaison: We handle all communication with Council, respond to Requests for Information (RFI), and manage the complex advertising and referral stages to secure your permit.

Timeframes: Planning permits require realistic timeframes for assessment. Ensure these are factored into your lease negotiations.

Before Contacting AS Planning: Your Action Checklist

  • Verified the site’s vertical space and court footprint for Padel.
  • Confirmed Zoning via VicPlan.
  • Secured written preliminary feedback from Council.

Commercial Pickleball Court Planning Permit Checklist: Melbourne and Victoria

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Pickleball is booming in Melbourne and across Victoria! If you’re looking to convert a commercial or industrial space into a dedicated indoor recreation centre, understanding the Victorian planning process is critical to get the ball rolling and protect your investment.

Step-by-step checklist to navigate the essential due diligence and permit application process for a Commercial Pickleball Court.

1. Do your own due diligence first and understanding the Victorian Planning Scheme

Before signing a lease or engaging consultants, you need to confirm if your proposed site is suitable for an “Indoor Recreation Facility”, this is the common planning term for a pickleball court in Victoria.

Zoning and Land Use (VicPlan)
  • Determine the Zone: Use the free VicPlan online tool to check the zoning of your prospective property.
    • Commercial Zones usually offer the strongest support for recreation uses.
    • Industrial Zones vary significantly; some Councils discourage this use to protect employment land.
    • Residential Zones are generally unsuitable for larger facilities.
  • The ‘Use’ is Key: An indoor recreation facility generally requires a Section 2 Use Permit within most Victorian planning schemes. Council will assess this against local policy and land context.
Property Title Review
  • Purchase the Title: Obtain the current Certificate of Title from Landata.
  • Review for Restrictions: Look closely for any Restrictive Covenants or Section 173 Agreements that may limit how the land can be used. These could prevent or complicate a Change of Use.
  • Note: AS Planning does not provide legal advice on restrictions on title. This must be obtained from a conveyancer or lawyer.
Council Planning Register Check
  • Search Nearby Decisions: Review your local Council’s planning register to see if similar recreation proposals have been approved or, critically, refused nearby. This provides invaluable insight into Council’s strategic direction.

2. The value of pre-application advice from Council

This is the most crucial step before committing to a site or significant spending.

Speak with a Council Planner
  • Initial Phone/Counter Inquiry (Free): Contact your Council planning department. Your main question should be: Is Council likely to support the Indoor Recreation Facility use at this specific site?
  • Obtain Written Comments (Recommended): Most Councils offer a formal pre-application service (usually for a fee). We strongly recommend obtaining this written feedback as it highlights specific issues early, preventing wasted expenditure on an unsuitable location.

3. Preparing your Pickleball Court planning permit application

Once you have positive written feedback from Council, you can prepare the necessary information and reports for your Planning Permit application.

Essential Pickleball Court Operational Details

Your application must clearly define the proposed operations:

  • Hours of Operation: Clearly outline weekday, weekend, and public holiday times.
  • Patron Numbers: State the maximum number of people onsite at any time (players, spectators, staff).
  • Tournaments & Events: Outline the expected frequency and maximum patron numbers for competitions.
  • Signage: Provide details (size, colours, illumination) for any proposed business identification signage.
Addressing Technical Requirements

You will likely need input from various specialist consultants for your pickleball court planning permit application:

Consultant Why You Need Them
Designer / Draftsperson To prepare professional plans showing court layout, circulation space, amenities, and access points.
Traffic Engineer To assess parking supply, access, turning movements, and address Clause 52.06 requirements. This is critical for applications requesting a parking reduction.
Acoustic Engineer May be required if nearby homes or sensitive uses could be impacted by the repetitive paddle/ball sounds and crowd noise.
Building Surveyor To assess existing toilet facilities and ensure compliance with the Victorian Building Regulations and National Construction Code (NCC).
Environmental Health Required if you plan to include a cafe, food sales, or food handling (check Food Act requirements).
Waste Management For larger facilities or those with a cafe, a formal Waste Management Plan may be requested.

4. Ready to apply? Let AS Planning coordinate your permit application on your behalf.

AS Planning specialises in managing the complex planning permit process for Indoor Recreation Facilities in Victoria.

We begin where your due diligence ends. Before contacting AS Planning, please ensure you have completed the following steps:

  1. Reviewed the zoning using VicPlan.
  2. Obtained and reviewed the Certificate of Title (including covenants).
  3. Spoken with Council and ideally obtained written pre-application feedback.
How AS Planning can help your secure your planning permit

Once your initial due diligence is complete and Council’s preliminary view is confirmed, AS Planning steps in to manage the entire application process:

  • Planning Report Preparation: Preparing the statutory planning report that justifies the proposal.
  • Consultant Coordination: Managing and integrating the reports from all necessary consultants (Traffic, Acoustic, etc.).
  • Council Liaison: Acting as the single point of contact with Council planners.
  • Application Management: Lodging the application, responding to Requests for Information (RFI), and managing all advertising and referral stages to secure your pickleball planning permit.

Timeframes: Remember, planning permits take time. Advertising, referrals, and assessment often take several months. Factor these realistic timeframes into any commercial agreements.

Don’t risk your investment on a poor site selection. Let AS Planning take the stress out of your permit application so you can focus on building your successful pickleball centre.

Ready to proceed with your application?

Have you completed your due diligence and obtained Council’s written feedback? Contact AS Planning today to begin the next stage of your planning permit submission.

 

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.