Getting a planning permit
- Do I need a planning permit?
- How do I apply for a planning permit?
- What do I need when submitting my planning spplication?
- What else do I have to submit with my application?
- What happens once I have lodged my application and paid the relevant fees?
- What happens when Council has all the necessary information?
- What if Council receives comments from the public in regards to my application?
- When and where does Council consider my application?
- What happens after Council's decision?
- Does Council have the final say on my application?
- Can I object to a planning application and how do I object?
- How do I withdraw my objection to a planning application?
If you propose to change the use of or develop land, it is recommended you arrange a pre-application meeting with one of Council's planning officers. At this meeting, the officer will advise you as to what information you will need to submit with your planning application, this can save you considerable time and money in the processing of the application. For an appointment call (03) 9599 4666.
Refer to the following checklists:
- planning application checklist
- subdivision application checklist
- application form (see guidelines on how to complete the application form)
- planning application fees (as per fee schedule)
- For more complex applications, a report format summarising the proposal and indicating its consistency with the relevant planning policies and control is required.
Multi-dwelling developments call for more detailed information and subsequently a Site Context Plan and Design Response is essential to the application.
If the application is for the particular use of a building, a floor plan needs to be provided that clearly labels each room and how it is to be used. Car parking provision and location should also be shown on the plans.
If the application is for buildings and works, then elevations of the building needs to be provided together with floor plans.
When submitting plans, they should clearly identify areas of new and existing works. In some cases, it may also be necessary to provide a schedule of external materials including a proposed colour scheme.
For an application that is only for use of the land, a summary of the proposal, such as hours of operation, number of staff, will need to be submitted with the application.
Plans submitted with applications must show accurate dimensions and should be drawn to scale.
When Council receives an application for a planning permit, the application is delegated to a particular Council Statutory Planning Officer. You will be notified in writing of the officer's name and contact telephone number.
At this stage, an initial assessment is undertaken in order to determine whether there is sufficient information to assess the application. If Council considers further information is necessary, a written request will be sent to the Applicant.
Most applications will need to be advertised and this is done in the form of a Notice of Application. You may have seen yellow signs placed on a site notifying people that a development has been proposed.
The Notice of Application can consist of a notice on site, a mail out to all surrounding owners and occupiers, a notice in the newspaper or a combination of all three.
Council staff will notify you of the type of advertising necessary. Council can undertake the notification on your behalf for a fee.
Council cannot make a decision on your application for 14 days after notification of your application is given. All submissions received, up until Council determines your application, must be taken into consideration.
In particular circumstances, the Council Statutory Planning Officer will suggest a consultation meeting be held with objectors and the applicant. The meeting provides an informal forum for all interested parties to discuss the application and to work towards a solution that is acceptable to everyone involved and may lead to the withdrawal of objections. These meetings specifically depend on the combined willingness of all parties to compromise and work towards an acceptable solution.
Council's Statutory Planning Officer considers the application (including: submissions to the application, changes implemented following consultation meeting negotiations, comments from Referral Authorities, state and local government policies, provisions of the Bayside Planning Scheme, and local policy) and will prepare a report and make a recommendation to Council's Delegated Officer or the Planning Committee.
If more than one objection is received, your application will be reported to Council's Planning Committee for a determination. Applicants and objectors may address the Committee by notifying the Council's Governance Manager in writing by 11am on the morning of the meeting.
The determination of Council's Delegated Officer or Planning Committee is final and do not need to be ratified by full Council.
Council may determine to:
- Issue a permit (if there are no objections).
- Issue a Notice of Decision to grant a permit (if objections have been received but Council considers that the proposal is acceptable)
- Refuse to grant a permit if the proposal is not considered to be acceptable.
A permit can be issued with or without conditions. Proposals can only begin and subsequently continue if all of the conditions on the permit are met.
If an application for a planning permit has been refused or conditions have been placed on the permit which the Applicant is concerned about, the Applicant may appeal to the Planning and Environment List of the Victorian Civil and Administrative Tribunal within 60 days of Council's decision.
Similarly, should any objectors to the application be dissatisfied with Council's decision to grant a permit, appeals can be made to VCAT within 21 days of Council's decision.
Any person who considers that approval of a planning permit will cause them material detriment can object. This can be done by completing the online objection form or writing a letter to Council's Planning Department detailing your concerns.
The Notice of Application indicates that the addressee has 14 days from the date of notice to object to the application, after which time a decision may be made. However, Council must consider any objection it receives up until the time it makes a decision although objectors are encouraged to forward their objections within the 14 days.
Any objections lodged should outline the reasons for objecting and the specific concerns with the proposal.
This can be done by completing an:
or writing a letter to Council withdrawing your objection.
Your planning permit application will be considered depending on the size of your development and how many submissions are have received. The application may be determined by the Planning Department or by the Planning and Amenity Committee. All applications that have two or more objections will be determined by the Planning and Amenity Committee. If the application is refused or if you disagree with Council's decision you may apply to the Victorian Civil and Administrative Tribunal (VCAT) for a review of Council's determination.