Planning applications and permits

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.

Register online.

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.