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.

 

I don’t need a permit, I’ll just build it… what’s the worst that can happen?

Plenty.

There’s a bit of a “planning cowboy” culture in Victoria with some builders, shed/pool suppliers and even owners thinking or saying “we never bother with council” or “the fine is cheaper than the permit.” That may sound clever in the moment, but it ignores what Councils and the Victoria Building Authority (VBA) actually do now, and it ignores some very public Victorian examples where people were made to restore, rebuild or pull things down.

The common 3 planning permit myths

1. “Do I really need a planning permit?”

Maybe you don’t, but if your property has overlays or special controls (heritage, flood prone, rural/farming, environmentally sensitive), or you’re building forward of the house or changing the use, Victorian Councils absolutely do enforce. The state’s own planning guide says enforcement is there to “stop existing breaches and punish for breaches.”

2. “I’ll just cop the fine.”

That’s not how it plays out. A lot of owners think they’ll get a small infringement and move on. What actually happens is Council/VBA sends a building notice, then a building order, and if it can’t be made to comply, you can be told to remove it. Moorabool Shire literally prosecuted a property owner and ordered an illegal building to be removed by a set date. That’s real money and real demolition.

3. “No one will dob me in.”

People dob. Councils drive past. And sometimes, like in Loch Sport, an officer just saw the works, checked, and shut it down because the builder was unregistered and the work didn’t meet the rules. Owners were left with a half-finished reno and extra costs to fix it.

The “don’t mess with us” example of why planning permits are required

If anyone thinks Councils won’t go hard, point them to the Corkman Irish Pub in Carlton, demolished illegally in 2016. State and Council teamed up, took them to VCAT, hit them with big fines and even jail, and pushed them to restore the site. That’s the nuclear version of “you ignored planning controls, now you’re fixing it.”

No, your backyard shed may not cop Corkman level heat, but it proves Councils have the tools and will use them.

“But that’s Melbourne Metro, regional Victorian Councils don’t care so much about planning right?”

Not really. Regional can feel looser because properties are bigger and people know the contractors, but the rules are the same Planning & Environment Act and Building Act. Regional Councils are actually quite active where there’s flood/LSIO, unsafe or unregistered building work, or structures thrown up on farming land without permits. That Loch Sport case above was in Wellington Shire, not the CBD.

Why flouting planning rules hurts the property owners (not just builders)

  • Council writes to the owner, not the installer.
  • Owner may still have to apply for planning retrospectively.
  • Owner may have to engage a planner, draftsperson, engineer to document what’s already built at their own cost.
  • Owner may be told to alter or demolish structures, if it can’t be supported where it sits, again at their own cost.
  • Illegal structures may hurt the future sale or insurability of your property.

That “we’ll worry about it later” chat on site usually becomes “we spent more, than if we’d just got the planning permit.”

Who this applies to

  • homeowners doing pergolas/alfrescos/extensions
  • shed/garage suppliers dropping buildings in flood/heritage areas
  • pool installers pushing ahead near boundaries or easements
  • rural/ag shed builders putting big sheds in LSIO
  • horse/stable/arena installers roofing an open arena so it now looks like a facility
  • anyone relying on “I’ve never seen Council bother people around here”

If it’s visible, in an overlay, or changes the use, it’s very much likely on Council’s radar.

What to do, instead of blatantly ignoring planning permission

  1. Do a planning check first. Check your local Council’s website, or give them a call. Run a property search on VicPlan.
  2. Prepare a thorough planning application and lodge it. You will be surprised with how far a proper site plan, photos and planning report will get you, when it comes to obtaining planning approval. A detailed and complete planning application can help you sail through the process faster than silence. If you find the processes difficult, you can always hire a planning consultant to help you.
  3. If you’ve already been hit with a notice, you need to respond asap. Victoria is quite clear: notices escalate when people ignore them. Don’t let it turn into an order. Get in touch with your Council to understand the notice and what you need to do, to be compliant. You may need to hire a planning consultant like AS Planning, to help you respond to Council and get the approval you need retrospectively. Serious non-compliance may result in a significant fine.

Not sure if you actually need a planning permit?

Contact us to book a planning pre-check, the cost of a check will be cheaper than a potential fine or building order. We have extensive experience with planning matters related to: sheds, pools, extensions, business identification signage, out buildings, change of use, car parking reduction and many other triggers.

Decoding commercial zoning & overlays in Victoria: A practical guide for agents

Welcome to Planning 101 for Commercial Real Estate Agents, a blog series designed to equip you with essential knowledge about how town planning impacts commercial properties in Victoria. Understanding planning isn’t just a technicality; it’s a strategic tool that helps you identify opportunities, manage risks, and close deals smoothly for your clients.

Further reading in this series:

As a commercial real estate agent in Victoria, you constantly encounter terms like Commercial 1 Zone, Industrial 3 Zone, Heritage Overlay, or Design and Development Overlay. These aren’t just labels on a map; they are the fundamental building blocks of the Victorian Planning Scheme that dictate what a property can be used for and how it can be developed. But what do they actually mean in practical terms for you and your commercial property clients?

Understanding commercial zoning and overlays is essential for accurately assessing a property’s potential and limitations, providing informed advice, and avoiding unexpected planning hurdles.

The problem: Zoning and overlay confusion

Without a clear understanding of zoning and overlays, it’s difficult to confidently answer client questions about permitted uses, development potential, or potential restrictions. Misinterpreting these controls can lead to recommending unsuitable properties or underestimating the complexity of future plans.

The solution: A basic understanding of key planning controls affecting commercial properties

The Planning Scheme maps divide land into different Zones, each with specific objectives and rules about land use and development. Overlays apply in addition to the zone, adding extra requirements or restrictions for specific characteristics of the land (e.g., heritage significance, environmental sensitivity, design requirements).

Key commercial zones and what they mean (in simple terms):

  • Commercial 1 Zone (C1Z): Typically found in town centres and shopping strips. Permits a wide range of retail, commercial, residential, and other uses. Often encourages multi-storey development. This is usually the most flexible commercial zone.
  • Commercial 2 Zone (C2Z): Often located on main roads or at the edge of centres. Focuses more on showrooms, restricted retail, warehouses, and some office/commercial uses. Less focus on residential than C1Z.
  • Industrial Zones (e.g., IN1Z, IN3Z): Primarily for industrial uses, warehouses, and some limited office/commercial. Residential use is usually prohibited. Different industrial zones have slightly different purposes (e.g., IN1Z for general industry, IN3Z often for more sensitive or restricted industries).
  • Mixed Use Zone (MUZ): Allows for a mix of residential, commercial, and sometimes light industrial uses. Often found in transition areas.

Key overlays and their practical impact on commercial real estate:

  • Heritage Overlay (HO): Protects buildings and precincts of historical significance. Can severely restrict external (and sometimes internal) alterations, demolition, and new development design to ensure compatibility with heritage values.
  • Design and Development Overlay (DDO): Specifies design guidelines or mandatory requirements for new buildings and alterations (e.g., height limits, setbacks, materials, streetscape interface). Aims to achieve desired urban design outcomes.
  • Parking Overlay / Clause 52.06 (Car Parking): Specifies car parking requirements for different land uses. Can require a minimum number of spaces or set a maximum, impacting the feasibility of converting a building to a use with different parking needs.
  • Activity Centre Zone (ACZ): Applies to designated major activity centres. Often replaces standard zone rules and includes detailed precincts and mandatory requirements for development, design, and sometimes specific uses.

Understanding the interplay between a commercial property’s Zone and any Overlays is fundamental to determining its planning potential and limitations and identifying likely permit triggers. While the full Planning Scheme is complex, knowing the basics of these controls empowers you to have informed initial conversations with clients.

How AS Planning helps decode planning controls relating to commercial properties

AS Planning provides expert interpretation of Victorian commercial zoning and overlays. We can help you understand how these controls apply to a specific property, clarifying permitted uses, development considerations, and key restrictions.

Contact AS Planning for expert help decoding commercial zoning and overlays for your commercial properties and clients in Victoria. Get a quote.

Planning permit delays are killing my deals – How can I prevent this for commercial leases and sales?

Welcome to Planning 101 for Commercial Real Estate Agents, a blog series designed to equip you with essential knowledge about how town planning impacts commercial properties in Victoria. Understanding planning isn’t just a technicality; it’s a strategic tool that helps you identify opportunities, manage risks, and close deals smoothly for your clients.

Further reading in this series:

You’ve worked hard to find the right tenant or buyer for a commercial property in Victoria. Heads of agreement are signed, or the offer is on the table. Then comes the crunch: the client discovers they need a planning permit for their intended use, signage, or fit-out, and the potential for significant delays puts the entire deal at risk. How can you avoid this frustrating scenario?

Unexpected planning permit requirements are a major cause of stalled or collapsed commercial property transactions. The key to preventing these delays is proactivity.

The problem: Uncertainty and unforeseen hurdles mid-deal

When a client discovers the need for a planning permit late in the negotiation process, it introduces uncertainty regarding:

  • Timeline: How long will the permit application take? (It can be weeks or months).
  • Outcome: Will the permit actually be granted?
  • Conditions: What conditions might Council impose that affect their plans or costs?

This uncertainty makes commercial real estate clients nervous, impacts their business launch timelines, and provides grounds for renegotiation or withdrawal, often leading to lost deals for the commercial agent.

The solution: Address planning early and provide clarity

The most effective way to prevent planning delays from killing your commercial real estate deals is to address potential planning permit requirements before they become obstacles.

Strategies to prevent planning delays affecting commercial properties:

  1. Pre-listing planning check: Understand the property’s planning controls and likely permit triggers before you market it. This allows you to inform potential clients upfront about the planning pathway required for typical uses or modifications.
  2. Early planning assessment for interested parties: Once you have a seriously interested tenant or buyer with a specific proposed use or fit-out in mind, encourage them (or the landlord/vendor) to get a rapid planning assessment immediately. This confirms if a permit is needed and flags any potential issues early in the negotiation phase.
  3. Facilitate pre-application discussions: For commercial real estate proposals with potential planning complexity, connect your client with a town planner who can organise and lead a pre-application meeting with Council. Getting early Council feedback can identify concerns and help shape the proposal to increase the chances of a smooth application process later.
  4. Manage expectations: Be upfront with clients about the potential for planning requirements based on the property and their intended use. While you don’t need to be the planning expert, acknowledge that permits may be needed and recommend professional advice be sought.
  5. Partner with a planning expert: Have a trusted town planning consultant ready to assist your clients quickly when planning questions arise. Their expertise in navigating Council processes and preparing applications can significantly streamline the path to approval compared to a client trying to figure it out themselves.

By providing access to timely, expert planning advice, you turn potential planning roadblocks into manageable steps, demonstrating value to both commercial property landlords/vendors (smoother transactions) and tenants/buyers (clarity and a clearer path forward).

How AS Planning helps prevent planning related delays

AS Planning works with commercial real estate agents and their clients in Victoria to proactively identify planning permit triggers, provide rapid assessments, liaise with Council, and manage planning applications efficiently. We provide the planning clarity needed to keep your commercial leases and sales on track.

Contact AS Planning to help streamline the planning process and prevent delays for your commercial deals in Victoria. Get a quote.

Commercial property signage & fit-outs: What planning permits do my clients need?

Welcome to Planning 101 for Commercial Real Estate Agents, a blog series designed to equip you with essential knowledge about how town planning impacts commercial properties in Victoria. Understanding planning isn’t just a technicality; it’s a strategic tool that helps you identify opportunities, manage risks, and close deals smoothly for your clients.

Further reading in this series:

Beyond securing the ideal location, incoming commercial real estate tenants and buyers in Victoria need to make the space their own. This almost always involves fitting out the interior and installing visible signage. However, even these seemingly straightforward steps can require planning permits, adding unexpected time and complexity if not anticipated.

Understanding the common triggers for planning permits related to commercial property fit-outs and signage is essential for managing client expectations and ensuring a smooth transition into their new premises.

The problem: planning permit surprises for signage and works

Clients often assume that once they’ve leased or bought a commercial space, they can immediately install their branding and undertake interior fit-out works. They may not realise that specific planning rules apply, potentially triggering the need for permits that cause delays to their opening timeline.

The solution: identifying planning triggers early

Key planning permit triggers for commercial properties relate to changes that are externally visible, impact the building’s structure (in a way defined by planning), or relate to advertising.

Common planning permit triggers for commercial properties:

  1. Business Identification Signage: This is one of the most frequent triggers. Most Planning Schemes have specific rules (Clause 52.05) about the size, type (e.g., fascia signs, projecting signs, sky signs, electronic signs), location, and illumination of business signage. A planning permit is often required, particularly for:
    • New illuminated or large format signs.
    • Signs on heritage buildings or in heritage areas (Heritage Overlay).
    • Signs that exceed specific size or location limits set by the zone or an overlay.
    • Multiple signs on one building.
    • Changing signs on properties with existing signage permits where the permit specifies details of the signs.
  2. External Works or Building Alterations: While minor internal cosmetic fit-outs usually don’t need planning permits. However, planning permits are often required for:
    • Changes to the building’s façade (windows, doors, cladding).
    • Adding new external features (awnings, balconies, plant equipment visible externally).
    • Structural alterations that impact the building’s exterior form.
    • Works on heritage buildings or in areas with specific design controls (Design and Development Overlay).
  3. Intensification of Use: Sometimes, a fit-out indicates an intensification of the approved use (e.g., adding significantly more seating to a café). While the use itself might be permitted, the intensification might trigger new planning considerations like increased car parking demand.

Why permits are often needed for commercial properties

Planning permits for signage and works ensure that changes are appropriate for the building’s context, don’t negatively impact streetscape or neighbouring properties, comply with design guidelines, and respect any heritage significance.

Advising your clients upfront about potential permit requirements for their planned signage and fit-out prevents surprises and helps them factor in the necessary time for the application process.

How AS Planning can assist with signage and fit-out related permits for commercial properties

AS Planning specialises in identifying planning permit triggers for commercial property signage and fit-outs in Victoria. We can advise your clients on likely requirements, prepare the necessary planning reports, and manage the planning permit application process with Council to help them get operational smoothly.

Contact AS Planning for planning permit support for commercial signage and fit-outs in Victoria. Get a quote.

What kind of businesses can my commercial property be used for?

Welcome to Planning 101 for Commercial Real Estate Agents, a blog series designed to equip you with essential knowledge about how town planning impacts commercial properties in Victoria. Understanding planning isn’t just a technicality; it’s a strategic tool that helps you identify opportunities, manage risks, and close deals smoothly for your clients.

Further reading in this series:

A potential tenant or buyer loves your commercial real estate listing, but they need it for a specific use – perhaps converting an old office into a medical centre, a retail shop premises into a gym, or turning a vacant warehouse into a trendy food and drink premises. Their crucial question is simple: “Can I actually do that here?” Providing a clear, accurate answer quickly is key to progressing this commercial real estate deal.

The ability to use a property for a specific purpose is governed by the Victorian Planning Scheme, primarily through its zoning. Understanding ‘permitted uses’ is fundamental in commercial real estate.

The problem: Assuming a “Use” is allowed

Assuming a property’s zone allows any commercial activity is a common mistake. Zones permit specific categories of use, and even within those, some uses require a planning permit while others don’t. A proposed use that doesn’t align with the zone’s permission, or requires a permit the client isn’t prepared for, can quickly halt negotiations.

The solution: Checking ‘Permitted Use’ of a commercial property against the Planning Scheme

The definitive answer lies in consulting the Planning Scheme relevant to the property’s location.

How to check if a specific “Use” is permitted:

  1. Identify the Zone: Determine the property’s zoning. Common commercial zones include Commercial 1 (C1Z), Commercial 2 (C2Z), Mixed Use Zone (MUZ), or various Industrial Zones (IN1Z, IN3Z).
  2. Consult the Zone Provisions: Go to the specific zone in the relevant Planning Scheme document. Within the zone’s table of uses, find the proposed use type (e.g., ‘Medical Centre’, ‘Food and Drink Premises’, ‘Office’).
  3. Understand the Permission Status: The table will indicate one of the following statuses for that use in that zone:
    • ‘Section 1 – Permit Not Required’: The use is allowed ‘as of right’, provided it meets any specified conditions. Great news!
    • ‘Section 2 – Permit Required’: The use is allowable, but requires a planning permit from the Council. This adds time and cost, which the client needs to know upfront.
    • ‘Section 3 – Prohibited’: The use is not allowed in this zone under any circumstances. This property won’t work for your client’s intended use.
  4. Check Overlays: Review any overlays affecting the property. Some overlays can add further restrictions or requirements for certain uses, even if the zone initially permits it.

Example: Food and Drink Premises to Medical Centre Conversion

Converting an existing food and drink premises (which might be permitted ‘as of right’ in a C1Z) to a Medical Centre (which might require a permit in the same zone) requires a ‘Change of Use’ permit application. The Council will assess the proposal based on planning considerations like car parking availability, traffic impacts, amenity to neighbours, and compatibility with the surrounding area.

Providing your client with a clear answer – whether their proposed use is permitted ‘as of right’, requires a permit, or is prohibited – based on a planning assessment, manages expectations and facilitates informed decisions.

How AS Planning can clarify permitted commercial property “Uses”

AS Planning provides expert advice on permitted uses for commercial properties in Victoria. We analyse zoning and overlays to determine if a specific use is allowed ‘as of right’, requires a planning permit, or is prohibited, helping you advise your commercial real estate clients accurately.

Contact AS Planning for clarity on permitted uses for your commercial real estate listings or for your clients’ business needs in Victoria. Request a quote.

What planning checks should I do before listing a commercial property in Victoria?

What planning checks should I do before listing a commercial property in Victoria? Image of a real estate agent with clipboard, infront of a vacant shop front.

Welcome to Planning 101 for Commercial Real Estate Agents, a blog series designed to equip you with essential knowledge about how town planning impacts commercial properties in Victoria. Understanding planning isn’t just a technicality; it’s a strategic tool that helps you identify opportunities, manage risks, and close deals smoothly for your clients.

Further reading in this series:

You’ve landed a new commercial listing in Victoria – congratulations! You’re ready to hit the market analysis, and prepare your marketing campaign. But before the sign goes up, there’s a critical step that can save you headaches down the line and even strengthen your pitch: conducting preliminary planning checks.

Ignoring planning upfront can lead to surprises for potential buyers or tenants, causing delays or deal collapse. Being proactive demonstrates expertise and provides clarity.

Planning permission unknowns can kill commercial real estate deals

Commercial tenants and buyers need to know if a property is suitable for their specific business needs. Their key questions often relate to how they can legally use the space and make necessary changes. If you or the vendor/landlord can’t answer these questions quickly and confidently, uncertainty creeps in. This is especially true for:

  • Businesses needing a different use than the current one (e.g., a retail space wanting to become a gym).
  • Clients with specific fit-out requirements.
  • Businesses that need prominent signage.

Do your planning due diligence before listing your commercial property

Conducting key planning checks before you list, allows you to identify potential issues early and proactively arm yourself (and your marketing materials) with accurate information. This isn’t about getting permits, it is about understanding the property’s planning potential and limitations.

Key planning checks for commercial real estate agents:

Here are the essential planning points to investigate for commercial listing in Victoria:

  1. Verify the Zoning: What is the current zone of the property (e.g., Commercial 1 Zone, Industrial 3 Zone)? This is the most fundamental step, dictating the primary types of uses and development permitted. The Planning Scheme maps and associated zone will clearly state this.
  2. Identify Relevant Overlays: Does the property have any overlays (e.g., Heritage Overlay, Design and Development Overlay, Parking Overlay, Activity Centre Overlay)? Overlays add specific requirements or restrictions that layer on top of the zone rules and are crucial to understand.
  3. Check “Permitted Uses”: Based on the zoning and overlays, what uses are allowed ‘as of right’ (no planning permit needed), and which require a planning permit? This is vital for advising potential clients on whether their business type is permissible.
  4. Flag Common Permit Triggers: Be aware of typical activities that may require a permit in commercial settings:
    • Changing the Use (if the new use isn’t ‘as of right’).
    • Installing new Business Identification Signage (size, illumination, location restrictions apply).
    • Undertaking significant External Works or Building Alterations.
    • Seeking a Reduction in Car Parking Requirements.
    • Activities related to Liquor Licensing or Extended Trading Hours (the use and hours often need planning approval before a Liquor Licence is granted).
  5. Assess Permit History (if possible): Has the property had recent planning permits issued? Were there any conditions attached that might impact future use or development? Were there any retrospective permits issued (which could indicate past compliance issues)?

Understanding these points allows you to anticipate commercial property buyer/tenant questions and discuss the property’s planning context with confidence.

Need planning advice or due diligence check before listing a commercial property?

AS Planning specialises in providing clear, rapid preliminary planning checks for commercial properties in Victoria. We can quickly verify zoning, identify overlays, clarify permitted uses, and flag likely permit triggers, equipping you with the essential planning information you need before you list. Request a quote.