What you need to know
For all planning related queries please contact our dedicated planning phone line (03) 9243 9111 between the hours of 10am to 4pm, Monday to Friday. For all other planning related queries outside of these hours, please contact our department via email at Council@mvcc.vic.gov.au.
We will endeavour to respond to your email query within 48 hours, however, please note that we are experiencing a high volume of phone calls and emails due to the current COVID-19 pandemic. Your patience is appreciated during this time.
If you are after an update on an existing application and you are not the Applicant, please contact your nominated Applicant for an update as Council cannot discuss an application with anyone other than the nominated Applicant.
COVID-19 update
Our Statutory Planning unit is acutely aware of the hardships and challenges facing our community at this time. In the face of this unprecedented challenge, we are working remotely and remain fully operational with all regular planning services still being offered to applicants, the community and businesses. Even pre-application and consultation meetings are continuing, but in the spirit of social distancing, we’re doing these via Zoom (video call). Inspections and proactive enforcement are also continuing.
We have given our full cooperation to VCAT to participate in remote hearings if required, to ensure VCAT matters are not delayed. We will consider these unprecedented circumstances when making decisions about timeframes, application fees, business operating and delivery times or other hardship requests. Please continue engaging with the planners and support staff by calling 9243 9111 or email council@mvcc.vic.gov.au.
Already have an application and just wanting to check the status? Or did you want to find out more information regarding an advertised plan?
You can check the status of an application using our planning applications register.
Our online planning register shows all current planning applications with Council.
An ‘advertised’ application is one that is being exhibited for public viewing. This allows affected residents to make written submissions about proposals.
Electronic copies of all advertised documents are available below. Please note that these files can be very large and may take some time to download. If you have trouble accessing or viewing the documents, you can view them on the computers at Council. You can also call the Planning Department on 9243 9111 during business hours.
To submit, pick the application in the advertised planning applications register and click ‘submit response'. You can also use the objection/submission form (pdf, 334KB) as an attachment to your response.
The online documents are made available for the sole purpose of enabling their consideration and review as part of a planning process under the Planning and Environment Act 1987. The documents must not be used for any purpose which may breach any copyright. Under the Planning and Environment Act 1987, Council may make a decision 14 days after advertising has commenced.
Note: applicant details are not displayed to be consistent with the Information Privacy Act.
Planning permit applications to carry out minor building and works in a Commercial Zone are covered through VicSmart.
Note: on 24 April 2020 the State Government introduced the COVID-19 Omnibus (Emergency Measures) Bill 2020 which are temporary measures in response to the Coronavirus pandemic. Planning documents previously required to be physically available to view at state or local government office are now only required to be available for online inspection. This includes copies of planning scheme amendments and submissions, and planning permit applications and objections. If you require any assistance with obtaining any digital copies of planning permit applications and objections, please contact us at council@mvcc.vic.gov.au. For more information see the COVID-19 Omnibus (Emergency Measures) Bill 2020.
Responding to an advertised planning application
A planning objection is a formal submission that opposes a planning application. Anyone who feels they will be detrimentally affected by an advertised planning application can submit an objection, provided that it’s received before we make a decision.
We also accepts submissions in support of an application.
To view current applications, visit the Advertised Planning Applications page.
How to object
- Open our Advertised Statutory Planning Applications Register and search for the application.
- Select the application and click 'submit response'.
- Enter your reason for objecting/supporting. You may also use the objection/submission form (pdf, 334KB) which can be attached to your response.
- Provide your name, address and contact details and click 'submit'.
- You will receive a letter confirming that the objection/submission was received.
The objection/submission form (pdf, 153KB) can also be emailed to council@mvcc.vic.gov.au.
A petition can be lodged but please be aware that it only counts as one objection and that only the first name on the petition will be lodged as an objector to the application.
*An objection/submission is a public document and copies may be made available other parties including the applicant, Councillors and VCAT (Victorian Civil and Administrative Tribunal).
Grounds for a valid objection
Only relevant planning issues can be considered as part of any objection. See below for some examples of objections which are not planning issues:
Consultation Meetings
If there are 10 or more objections* for an application we may arrange a Consultation Meeting. These meetings are attended by a Ward Councillor, a Council Planning Officer, the permit applicant and objectors.
They are informal meetings where everyone is given a chance to present their concerns/support for the proposal. A 5-minute time limit applies to all presentations.
Decisions are not made at Consultation Meetings, but, constructive negotiations between parties are encouraged.
If a Consultation Meeting is organised for an application you have objected to you will be invited to attend.
*To qualify for a Consultation Meeting the objections must meet the following criteria:
- 10 or more objections must be from individual properties. E.g. two objections from the same address will count as one objection for this purpose.
- For residential developments, 10 or more objections must be from properties located within 500 metres of the subject site.
- Objections that are not based on valid planning grounds (see above) are not included.
Requesting endorsed Planning Permit documents on closed files
What information can be provided?
Members of the public can request access to any endorsed documents as part of an approved planning permit application. Examples include:
- Endorsed development and landscape plans;
- Endorsed Construction and Site Management plans;
- Endorsed specialist reports such as arboricultural reports, traffic impact assessments, sustainability management plans etc.
How to make a request
Requests for endorsed documents can be made online
You will need to provide the following information:
- Identify the address of the subject land and the planning permit number. If you do not know the planning permit number, please contact the Statutory Planning Department on 9243 9111 for assistance.
- The endorsed document or plan that you require. If you do not know which document to request, describe the information that you are after.
- Your reason for making the request.
Council will decide whether the request is appropriate. Examples of inappropriate requests include:
- Use of the document for a purpose that would breach copyright laws, such as requesting development plans to repurpose for your own development proposal or requesting a specialist report for submission for your own planning permit.
- Use of a document for a purpose that would infringe on somebody’s privacy.
Council officers will write to the applicant advising whether the document request has been approved. Requested documents will be supplied electronically by Council and will be delivered to the nominated email address.
Please note that an administration fee of $91.70 will be applicable in instances where access to documents is not readily available – Council will let you know if this is the case after your application has been received.
Please allow for up to 15 business days for your request to be processed.
Wanting to submit a planning enquiry?
A planning enquiry can include written planning advice as well as copies of planning related documents such as planning permits and endorsed plans.
How to request copies of endorsed plans/documents
If you want to receive a copy of endorsed planning permits and plans please email council@mvcc.vic.gov.au. Ensure that you include the relevant address and or planning permit you want to receive.
Please note, if you are not the nominated owner or the applicant, endorsed plans cannot be sent or distributed to you. Written consent from the owner and or applicant is required 60 days after the issuing of permit or refusal.
How to request written planning advice?
If you apply for written planning advice it is helpful if you give us as much information as you can so that we can give you the best advice possible.
You will need to include a current certificate of title (less than three months old).
If you are proposing a new business, you must include details of the business, hours of operation and car parking. This will assist with our response to your enquiry.
Before submitting a request for written planning advice you will need to have registered for our online services. Please allow up to 48 hours for your registration to be processed.
Once you have registered an account you can use the following link to submit your application (you will be prompted to log in first if you haven’t done so):
Request written planning advice.
A response to a planning enquiry generally takes 10 – 15 business days, depending on the complexity of the enquiry.
Planning enquiries for residential proposals incur a fee of $157.35. Non-residential enquiries incur a fee of $250.85 – see our statutory planning fees below.
Planning application timeframes
We are mindful that applicants are often under time and financial pressures. As such we do our best to process applications as efficiently as possible.
However, there are strict processes (as described below) that must occur during the assessment. It is important that applicants have an understanding of the process and the potential time that it can take to reach a decision.
State legislation stipulates that applicants can refer an application to VCAT if we fail to decide within 60 days.
If you are asked to provide further information, it is 60 days from the date all the relevant information is received and any advertising requirements are met.
Realistically, depending on the size and detail of the proposed works, it can take anywhere from four weeks for small applications and much longer for large-scale applications. The more steps needed to pass through the assessment process, the longer a decision is likely to take.
Looking to submit a planning application?
Here is our planning permit process explained
Stage one
Find out what do prior to making a planning application
Stage two
Prepare and submit your application
Stage three
We review your application
Stage four
Public notification is given (if required)
Stage five
We assess your application and prepare a report
Stage six
We make a decision
Stage seven
Review by VCAT (if required)
Stage eight
Extend a permit (if issued)
Prior to making a planning application
- Check the Title at Landata for any restrictions on the land.
- Find out the planning controls for your property or business.
- Discuss your proposal with a planning consultant or other related professional.
- Speak with your neighbours.
All properties have a set of planning controls that specify when a planning permit is needed. If you are unsure of what planning controls apply to your property or site you can:
- Buy a planning certificate online from Landata.
- View planning maps at the Department of Sustainability and Environment website.
Once you have a concept including some plans book in a pre-application meeting with us!
What to submit with your request
- A recent (no older than 3 months) Certificate of Title and Plan of Subdivision
- Concept floor plans showing, for example, building footprints, setbacks and property boundaries.
- Concept elevation plans.
- If the meeting is for heritage development, please provide a colour and material schedule (with samples).
- If the meeting is for a change of use application, please describe the use as much as possible. For example – proposed opening hours, staff numbers, number of seats, etc.
- If the meeting is for a liquor license, please provide a plan showing red line areas, patron areas and operating hours.
Submitting an application
We recommend that you get a professional to help you with your proposal. We’ve also prepared some standard application checklists to help you prepare your application.
All applications can submitted online. You will need to register an account before you can start. Please allow up to 48 hours for account authorisation.
After your account is registered you can use the following links to submit your application (you will be prompted to log in first if you haven’t done so):
- Planning Permit application (for all applications other than those relating to a single dwelling, amendments or VicSmart applications)
- Planning Permit application – Single dwellings (e.g. dwelling extension/new dwelling in an Overlay)
- VicSmart Planning Permit application
Please note, all mandatory fields in the lodgement portal must be completed for your application submission to be successful.
Once we receive your application we will send you a letter. The letter will include some details about the planning process.
All applications lodged will also be in our online register.
Please note that we will only contact the applicant you nominate. This helps us to process applications without unnecessary delays.
What is required with your application
The information that you need to give us will depend on what you want to do. Generally, all applications need the following:
- Payment (see application fees);
- A summary of your proposal;
- An estimate of the cost of the proposal. If your development will cost more than $1,093,000 you will need to pay the Metropolitan Planning Levy (MPL). We’ll need a copy of the MPL certificate;
- A Certificate of Title (landata website);
- Plans;
- A planning report.
We review your application
Our officers will review your application make sure everything is in order.
If we need more information, we will let you know within 28 days.
If you need more time to get this information to us, please email us at council@mvcc.vic.gov.au. Please include the reasons why you need more time and provide us with a reasonable revised due date.
Your application will lapse if you do not respond to our request. If your application has lapsed you will need to apply again and pay all fees.
If required we will refer your application to other internal and external departments. This may include the following:
- Development Engineering (Drainage);
- Traffic and Transport;
- Local Laws;
- Health;
- Arborist;
- Waste;
- Environment Sustainable Design (ESD);
- Water Sensitive Urban Design (WSUD);
- Heritage;
- Melbourne Water;
- VicRoads; and
- Melbourne Airport.
If your application needs to be referred, please allow for extra assessment time. There may be additional issues raised as a result of the comments provided by these bodies.
Public notification is given (if required)
The Victorian planning system is set up to ensure that any interested party can have a chance to comment on a planning permit before a decision is made.
The officer will decide if and how public notification occurs. This could take the form of:
- Direct mail notification;
- On-site signage; and
- An advertisement in the local newspaper.
If we are satisfied that the application will not negatively impact anyone there may not be a need to advertise. There are also some applications, such as VicSmart permits, that are exempt from notice requirments.
If public notification is required, it must be carried out for a period of at least 14 consecutive days or 30 days during the Christmas holiday period.
All advertised applications are on our online register.
If you decide to change your plans after notice has occurred, you will need a Section 57A amendment. This will incur a fee of 40% of the original application fee. Section 57A amendments can are lodged through the online applications portal.
Lodging an objection
During advertising a person can make a submission about the proposal. This can be either an objection or support. If you wish to objector/support a planning application this can done online.
Anyone can object to a planning permit application. We must consider all objections and submissions when we make our decision. Read more about responding to an advertised plan.
We assess your application and prepare a report
After the advertising period finishes the Council officer will write an assessment report. The report will make a recommendation about Council’s decision. The report outlines the following:
- Description of the proposal;
- The relevant policies and planning scheme requirements;
- The assessment process; and
- A response to objections and/or referral comments
Possible scenarios after advertising
There are three possible scenarios after advertising ends:
- No objections. The report is reviewed under delegation by a Coordinator. A decision is made following this review.
- 1-9 objections. The report is presented to an internal panel of senior Council staff. This panel will make Council’s final decision. All parties to the application (applicant and objectors) are informed of the decision.
- 10+ objections. The officer’s report is presented at an Ordinary Council Meeting. The Councillors make the final decision and all parties to the application are informed. There may also be a Consultation Meeting at Council before the decision is made. The meetings involve the applicant, objectors, the planning officer and ward Councillor/s. The purpose of these meetings is to discuss issues with the proposal and they sometimes result in changes made to the application.
We make a decision
Approval
If there are no objections, we can issue a permit immediately. An applicant can also apply to VCAT within 60 days to have the conditions reviewed.
Notice of decision
If we want to approve the application, and there are less than ten objections, we must issue a Notice of Decision to Grant a Permit. All objectors will be sent this notice and will have 28 days to lodge an application for review at VCAT, if they wish. The applicant can also apply to VCAT within the 60 days to have the conditions reviewed.
If no objectors lodge a review with VCAT during this time, Council will grant the permit.
Refusal
Council can decide to refuse a permit, even if there were no objections to it.
If a permit is refused, a Refusal to Grant a Permit notice will be issued that will detail why the permit has been refused. This will be sent to the applicant and all other parties who commented on the application. An applicant can also apply to VCAT within the 60 days to have the decision reviewed.
For more information, read our planning proceedings at VCAT guide.
Application is reviewed by VCAT (if required)
If you are unhappy with Council’s decision with regard to a planning permit, you can lodge an appeal with VCAT. This includes:
- Objecting to the granting of a permit;
- Objecting to a refusal of a permit; and
- Objecting to the conditions placed on a permit/or lack of conditions.
For more information, read our planning proceedings at VCAT guide.
Extending a permit (if issued)
The last condition on a planning permit advises you on when to start and complete the permit. The ’finish’ date is the expiry date of the permit.
When can I lodge an extension to my planning permit?
There are many factors that may cause a delay in the commencement/completion of works, or operation. Most permits expire two years from the date of issue unless otherwise specified.
However, if you feel that you need extra time, you can apply for an extension to your permit. A request for an extension of time to a planning permit can be made:
- Before the permit expires; or
- Within 6 months after the permit expires; or
- Within 12 months after the permit expires, if the development lawfully commenced before the expiry date and you wish to extend the time to complete the development.
Any request made outside of the above times is not able to be considered and you will need to reapply for a planning permit.
How can I apply to extend a planning permit?
All extension of time requests are to be submitted online through the apply to extend a planning permit page.
Assessment of extension of time requests
You will need to explain why you are not able to start/complete your use/development by the expiry date. In most cases, particularly for the first extension, the request will be approved. However, there are circumstances when an extension of time request may be refused. These circumstances include:
- Changes to the planning scheme since the approval of your permit which would affect the proposal were it lodged today.
Warehousing of permits – if there has been ample time to start a development and no extraordinary circumstances to prevent this from occurring. - The request is made outside of the statutory time frame (see above).
You can appeal a refusal of an extension of time application under Section 81 of the Planning and Environment Act 1987. Please see VCAT’s website for more information on lodging an appeal.
Fees
Extension of time applications incur a fee of $265 in the 2019/20 financial year – see our statutory planning fees page.
Every planning permit application is required to submit a set of documents for Council to make a decision for the proposal.
The requirements are set out in the Moonee Valley Planning Scheme. Each application is unique. It is required to submit specific information to assess the permit application.
General requirements
Every planning permit application should be accompanied by the following items:
- A lodgement fee (this is required before submission for online lodgements);
- A description of what the permit is for and what the proposal involves;
- An estimate of the costs of the works (if the application is for development/buildings and works).
- A valid Metropolitan Planning Levy Certificate for developments with an estimated cost of works which exceeds $1,093,000. For more information, see the State Revenue Office website;
- A Certificate of Title, including a Plan of Subdivision and any covenants or Section 173 Agreements which is a minimum of 3 months old. These can be bought online from the LANDATA website; and
- Electronic copies of plans and any additional information such as town planning reports which responds to the relevant provisions of the Moonee Valley Planning Scheme.
Documents submitted must be in pdf format and should be labelled as follows:
New Application – Address – Certificate of Title
New Application – Address – Plans
New Application – Address – Reports
A failure to provide application requirements will result in a delay in the processing of an application. A failure to provide the necessary documents may result in a decision to refuse the proposal.
Application checklists
We have prepared application checklists for common planning applications. See checklist which may be applicable for your application below:
- Residential development (ResCode) applications (Construction/extension of one dwelling on a lot of less than 300 square metres, or construction of two more dwellings on a lot) (pdf, 378KB).
- Change of use applications (where a planning permit is required for a specific land use) (pdf, 318KB).
Heritage overlay applications (where a planning permit is required for development within a Heritage Overlay area) (pdf, 326KB). - Reduction of car parking requirement applications (pdf, 313KB).
- Liquor licence applications (pdf, 596KB)
- Advertising signage applications (pdf, 309KB)
A planning permit application may incorporate many permit triggers. For example, the use of the land for a medical centre may include the display of advertising signage and a reduction in car parking. In these instances the application requirements of all permit triggers will be required to be met. If you are unsure, contact the Statutory Planning department on 9243 9111.
VicSmart applications
For VicSmart applications to be processed, all the application requirements must be met.
If the VicSmart application requirements are not met, it will not be proccessed within 10 business days.
The following checklists are guides for each type of VicSmart application:
- VicSmart Checklist 1 – Realign the common boundary between two lots (pdf, 58KB).
- VicSmart Checklist 2 – Subdivide land into lots each containing an existing building or car parking space (pdf, 57KB).
- VicSmart Checklist 3 – Subdivide land with an approved development into two lots (pdf, 58KB).
- VicSmart Checklist 4 – Construct a front fence in a residential zone (pdf, 55 KB).
- VicSmart Checklist 5 – Construct a building or works in a zone, other than a rural zone (pdf, 61KB).
- VicSmart Checklist 6 – Construct a building or works in an overlay (pdf, 58 KB).
- VicSmart Checklist 7 – Remove, destroy or lop one tree (pdf, 56KB).
- VicSmart Checklist 8 – Minor subdivision, minor buildings and works, painting or tree lopping in a Heritage Overlay (pdf, 58KB).
- VicSmart Checklist 9 – Minor subdivision or works in a Special Building Overlay (pdf, 93KB).
- VicSmart Checklist 10 – Display a sign in a Commercial, Industrial or Special Purpose Zone (pdf, 55KB).
- VicSmart Checklist 11 – Reduce a car parking requirement (pdf, 56KB).
- VicSmart Checklist 14 – Extension to one dwelling on a lot in a Residential Zone (pdf, 64KB).
For more information, visit the Department of Environment, Land, Water and Planning website.
Waste Management Guidelines
A Waste Management Plan (WMP) is often required to be prepared and endorsed as a condition of a planning permit.
A Waste Management Plan is applied to multi-dwelling developments but can also be applied to proposals where waste generation is a consideration.
Large planning applications (such as apartments or other complex applications) requires a waste management before a planning permit is approved. Waste Management Plans are important to ensure that waste management systems don’t adversely affect pedestrian spaces, local businesses, traffic, litter, noise and odours. A Waste Management Plan has minimum requirements and preferred design options. These are outlined in Council’s Waste Management Plans – A guideline for planning applicants (pdf, 1.33MB).
It is important that all information in the guidelines are adequately addressed. Where more information is required, Council may request further detail and a resubmission of a Waste Management Plan.
A fee of $280.90 – $2000.00 will be applied for each Waste Management Plan resubmission for review and assessment. Fees will be applied to reflect the inadequacy of the Waste Management Plan . The aim of Waste Management Plan is to ensure that new developments consider and implement best practice waste management designs and systems.
Waste Management Plans can be submitted through Council’s online applications portal:
Once you have registered an account, you can use the link below to submit your plans/documents:
Heritage Guidelines
Any application within a heritage overlay is to be designed to accord with Council’s heritage guidelines (pdf, 9.36MB).
In addition to the heritage guidelines, we have individual precinct guidelines (pdf, 5.03MB) to each precinct.
For more information, you may visit the Planning Scheme Amendment C163 page on Council’s website.
What happens if Council decides to grant a permit
If we decide to grant the permit, you will receive a Notice of Decision to Grant a Permit (NOD). As an objector you will have 21 days to appeal the decision – appeals are considered by the Victorian Civil and Administrative Tribunal (VCAT). If no objectors lodge a review with VCAT during this time, the planning permit will be issued.
Additional information
For further details of the objection/support process see responding to a planning permit application: Planning Guide.
How to amend a planning permit
You can submit a Section 72 application online. You will need to register an account before doing so.
Once you have signed up to an account you can use the following links to submit your application to amend a planning permit:
- Amend an existing planning permit (for amendments to all permits other than those which relate to a single dwelling).
- Amend an existing planning permit – single dwelling.
As a minimum you will need to provide the following information with your Section 72 amendment application:
- Current copy of the Certificate of Title for your property (less than 3 months old). You can get a current copy of the Certificate of Title for your property by searching the title register at Landata.
- Original permit number.
- Information about whether the approved use/development has commenced.
- A clear explanation of the changes that you want to make to your planning permit, permit conditions, or endorsed plans.
- PDF copies of amended plans if relevant.
- A town planning report justifying the amended proposal against the relevant provisions of the Moonee Valley Planning Scheme.
Section 72 amendment can include changes to permit conditions and what the permit allows.
Section 72 amendments are the same as normal applications in the following ways:
- Further information can be requested in relation to the proposed amendment/s. A lapse date will be given to when the information is required;
- Depending on the changes, notification to adjoining properties may be required; and
- Any affected party has appeal rights relating to an amendment to a planning permit.
Amendments to what a permit allows, permit conditions, or major plan changes are made under Section 72 of the Planning and Environment Act 1987, therefore referred to as ‘Section 72 amendments’.
Minor changes to endorsed plans (secondary consent)
If you want to make minor changes to your plans you can apply under ‘Secondary Consent’. These applications are processed relatively quickly and don’t need be advertised.
Secondary consent applications can include the following:
- Changes that have no impacts on adjoining properties;
- Changes that don’t require additional planning permission;
- Changes that don’t contradict permit conditions; and
If you are unsure if you are eligible to apply for a secondary consent amendment contact our Statutory Planning department on 9243 9111 to speak with a planning officer.
Prior to submitting a secondary consent application you will need to have registered for our online services. Please allow up to 48 hours for your registration to be processed.
Once you have registered an account you can use the following link to submit your application (you will be prompted to log in first if you haven’t done so):
Amend a current planning application (Section 50/50A/57A)
At times, some applicants change their application as a result of feedback, a request for further information, in response to concerns raised by adjoining properties or for various other reasons. This process is known as either a Section 50, 50A or 57A amendment, depending on who initiates the change and at what stage of an application the change occurs.
Section 50 (applicant initiated) and 50A (Council initiated) amendments occur before an application has been advertised. These do not incur a fee.
Section 57A amendments are those which occur after an application has already been advertised and incur a fee of 40% of the original application cost. It is important to note that we may re-advertise a Section 57A amendment if necessary.
You can submit Section 50/50A/57A amendments online. You will need to have registered for our online services. Please allow up to 48 hours for your registration to be processed.
Once you have registered an account you can use the following link to submit your application (you will be prompted to log in first if you haven’t done so):
Are you looking to demolish?
You may need to make a request under Section 29A of the Building Act 1993 and Building Regulations 2018 for report and consent to demolish.
How can I apply for a section 29A demolition consent?
A Section 29A can be submitted to Council electronically through our online applications portal.
Before submitting a demolition request application you will need to register for online services. Please allow up to 48 hours for your registration to be processed.
Once you have registered an account you can use the link below to submit your application:
What is a Section 29A Demolition Consent?
Section 29A of the Building Act 1993 and the Building Regulations 2018 state that the consent of the Responsible Authority (Council) may be required before a building permit for demolition is issued.
Report and consent for demolition from Council is required:
- If the demolition (including any demolition completed or approved within the last 3 years) would amount to 50% or more of the total volume of the building (known as the ‘volume test’ under Section 29A(1)(a) of the Act).
- If the demolition includes any part of the building facade (known as the ‘facade test’ under Section 29A(1)(b) of the Act).
A Section 29A demolition consent is a separate approval process to a planning or building permit. Often, a planning permit for demolition may also be required (such as if the building is within a Heritage Overlay). This approval must be obtained before a Section 29A demolition consent.
Assessment of Section 29A applications
Our friendly Statutory Planning team review all Section 29A applications. The assessment includes an investigation to see if the demolition requires a planning permit.
Some properties may be included in our Heritage Gap Study. The Heritage Gap Study identifies properties with potential heritage significance. If the property is within the heritage gap study, the 29A is referred to our Heritage Adviser. The heritage advisor will determine if heritage protection for the property is needed. For more information on the Heritage Gap Study. If your property is included within the Heritage Gap Study, it is recommended that you contact our Strategic Planning Department on 9243 9111.
A Section 29A application will be refused if a planning permit is required and has not been issued.
All Section 29A applications must include the following information:
- A Demolition Plan showing all existing buildings, structures and areas to be demolished
- A Certificate of Title, including the title plan and any covenants and Section 173 Agreements. The title and supporting documents are to be no more than 30 days before the application.
- Photographs of the existing buildings, structures and areas to be demolished
- The application fee – $85.20
If you do not provide the correct information the processing of your application will be delayed.
About Statutory Planning Fees
Cost of the proposal (i.e. how much for a two dwelling development, how much will it cost to construct the dwellings?). For an application to amend a permit, the total cost relates to the original cost of development permitted, plus the additional costs of development related to the amended application.
The statutory fees listed are from the Planning and Environment (Fees) Interim Regulations 2016 and are set by the State Government, effective as of 9 June, 2016.
Non-statutory fees for photocopying, written enquiries, extensions of time, etc. are set by Moonee Valley City Council.
GST does not apply to statutory fees but applies to all other fees and is inclusive in the listed fees.
Fees (with the exception of exempt applications) must be paid when lodging an application and any application submitted without the prescribed fee will not be registered or considered until we have received full payment.
Reference should be made to the Planning and Environment (Fees) Regulations 2016 and the Subdivision (Fees) Regulations 2016 to obtain the complete wording of individual fee regulations and other regulations (which include planning scheme amendment fees, waiving and rebating provisions).
Please refer to the Department of Environment, Land, Water and Planning website for more information about statutory planning fees in Victoria.
In most cases, Statutory Planning fees can be paid upon lodgement using Moonee Valley City Council’s online application lodgement service.
You can contact the Statutory Planning Department on 9243 9111 to discuss your payment options or pay in person at the Civic Centre. Please remember to quote your application reference number and/or the property address when providing payment details to Council.
Current Statutory Planning fees
Download a copy of the current Statutory Planning fees (pdf, 243KB)
Planning Enforcement and Investigation
What the planning enforcement team does
The planning enforcement team are responsible for administering and enforcing the Planning and Environment Act 1987, planning permits issued under the Moonee Valley Planning Scheme and other relevant legislation as they relate to the use and development of land within the municipality.
Planning Enforcement matters include:
- building works that are inconsistent with an approved planning permit or endorsed plans;
- illegal use of a property or land use operations that fail to meet conditions prescribed on a planning permit, for example, a breach of approved operating hours;
- building works conducted without a planning permit, including house extensions in heritage areas.
Enforcement action will be taken when there is a clear breach of the Moonee Valley Planning Scheme, planning permit conditions, unauthorised developments and illegal land uses.
What happens after a breach is identified
If a breach is identified as a result of a complaint or through proactive enforcement, the owner of the land is advised in writing of the breach.
We prefer to achieve voluntary compliance from the land owner. However, where a breach is significant or compliance is not forthcoming, it may warrant enforcement action. This action could include;
serving a planning infringement notice (penalty);
applying to Victorian Civil and Administrative Tribunal for an enforcement order; or
commencing prosecution in the Magistrates Court.
How to lodge a complaint
Council now has an online planning enforcement investigation request lodgement process.
To report a suspected breach, click here.
In making a formal complaint, you will be required to detail the nature of the alleged breach, including the property address and any other relevant particulars that may assist the investigation.
Your contact details will also be requested so that the officer can contact you should further information be required and to advise you on the progress and outcome of the investigation. Your details are kept confidential.
Construction Site Management Plans
Construction Site Management Plans (CSMPs) are reviewed by our Development Engineering team and as such they are lodged through a different portal.
A Construction and Site Management Plan (CSMP) is a condition of a planning permit. This condition is usually applied to large or difficult to build developments.
CSMPs are necessary to ensure construction sites, including demolition and excavation, do not adversely affect health, safety, amenity, traffic or the environment in the surrounding area. It must also address broader obligations such as recycling, waste management and environmental initiatives. A CSMP must fully consider and address each stage of construction, including demolition, excavation and construction.
The objective of a CSMP is to plan ahead for each phase of construction, minimising the impact on:
- neighbours and nearby residents
- businesses and public venues (e.g. Melbourne Showgrounds and Flemington Racecourse)
- users of public footpaths, roads, bike paths and reserves
- traffic flow within the surrounding street network
- public parking within the vicinity of the site
- the environment and local waterways
- trees on and surrounding a development site
A permit holder (responsible builder or developer) should first check the planning permit to determine if the proposed development meets a condition or conditions which require a CSMP to be submitted to us for approval.
CSMP Guidelines and Template and online submission
Where a CSMP is required, please use the Moonee Valley City Council CSMP Guidelines in conjunction with the CSMP Template to help you prepare a satisfactory CSMP:
Please ensure all details are provided in your CSMP submission and that they are clear and concise.
Once you have completed the CSMP template, submit your application online:
Where additional information is required or is not adequate, we may request further detail and a resubmission. A fee of $297.75 will be applied for each CSMP resubmission for review and assessment. Complete this secondary application online:
Please note, where our CSMP Template is not used to develop a CSMP, submissions must address all matters for consideration to Council’s satisfaction.
Where construction commences without an endorsed CSMP in place, significant Penalty Infringement Notices will apply and works will be ordered to cease.
Approved Construction Site Management Plans
View a list of approved Construction Site Management Plans (pdf)
For further information
For further information please contact Development Engineering team on 9243 8880 or email developmenteng@mvcc.vic.gov.au.
What is the Moonee Valley Planning Scheme?
Planning in the City of Moonee Valley is governed by the Moonee Valley Planning Scheme (the scheme). The scheme contains state and local planning policies, zoning and overlay controls. The scheme also contains particular provisions relating to specific aspects of land use and development (such as car parking and advertising signage controls.
In many instances, a specific clause of the scheme will outline specific permit triggers. Clauses in the scheme will also often outline application requirements as well as decision guidelines or criteria for the Responsible Authority (Council) to consider when assessing applications.
Local policies
Each Council has its own set of local policies in a planning scheme.
Examples of local planning policies in Moonee Valley include:
- Stormwater Management (water sensitive urban design).
- Licensed Premises Policy (Guidelines for licensed premises operating in the municipality)
Examples of incorporated documents within local planning policies in Moonee Valley include:
Planning scheme amendments
Council may make amendments to the planning scheme to reflect policy updates. This is generally by the strategic direction for the management of growth and change in the municipality.
To find out more about current proposed planning scheme amendments see the long term planning in Moonee Valley page
How do I know which zone or overlay affects my land?
To see which Zone or Overlay applies to your land, visit the VicPlan website. Once you know what controls apply to your property you read about them in the Moonee Valley Planning Scheme.
If you want specific advice about how local policies, zones, overlays or particular provision may affect your proposal it is strongly recommended that you consult an independent town planning professional.
If you already have a proposal in mind and want some advice before lodging, you can request a pre-application meeting.
What are zones, overlays and particular provisions?
VCAT appeals
The Victorian Civil and Administrative Tribunal (VCAT) is a state government tribunal that deals with different types of disputes, including appeals against Council planning permit decisions.
When reviewing the decision of a Council regarding a planning permit, VCAT’s role is to reconsider the whole application afresh on its merits.
VCAT decides planning applications by permit applicants, permit holders, objectors and responsible authorities involving disputes over the use and/or development of land.
You can find out more information about how to apply to VCAT and how the review process works from the VCAT website.
Amended plans prior to VCAT
In certain circumstances VCAT directs responsible authorities like Council to publish plans (and other relevant material) prior to VCAT proceedings. We publish this information as soon as practical.
MV/2/2017 – 72 Ascot Vale Road, Flemington
Electronic package of Application for Review (excluding attachments D and F).
Attachment D (List of Amendments and New Application Material).
MV/782/2012/C – 43 Raleigh Street, Essendon
Section 87A Application (including Statement of Changes and Plans)