Objecting to a Planning Application

When a planning application requires formal advertising, documentation such as plans and reports will be available to view, detailing the proposal. 

Letters will be forwarded to adjoining properties owners and occupiers; however some applications will also be advertised by a sign on the property or in the local newspaper.

Written comments are welcomed in response to the advertisement of an application, forming submissions to the proposal.

If these comments oppose the proposal, they are considered an objection.

 

Viewing Applications for Public Exhibition

Applications for public exhibition are available to view free of charge online and in person at our Customer Service Centres during office hours.

You will need to quote the application number if requesting to view the application in person.

To view applications online, go to Applications Currently on Public Exhibition.

 

Who can object to a planning application?

Anyone who may be affected by the grant of a permit can submit an objection to Council.

Objections can be lodged with Council any time up to when it makes a decision, however it is recommended that objections are lodged during the 14-day advertising period.

An objection must:

  • Be in writing
  • State reasons for the objection
  • State how the objector would be affected by the grant of a permit.

What should I include in my objection?

Your objection must:

  • Include the objector’s full name, relevant postal address, phone number & email address
  • Specify the planning application number
  • Include the reasons for the objection and state how the objector would be affected

An objection will carry more weight if it is rational, specifically addresses the proposal and clearly describes how you will be affected.

Constructive suggestions on how any impacts could be reduced (or even eliminated) by possible changes to the plans are also useful.

Council may reject an objection if it is considered to have been made primarily to secure or maintain a direct or indirect commercial advantage for the objector. 

Lodging a Submission

Any person affected by the granting of a permit may lodge a submission. A submission must be made to Baw Baw Shire Council in writing stating the reasons for support or any objection and how they would be affected if a permit was granted. It must also include the name and address of the submitter and the application number. Submitters can:

 

Who can view a copy of my objection? Are copies publicly available?

 Any person is entitled to view and read an objection to a planning application before a decision has been made on the application.

Any submissions to an application received by Council, including objections and letters of support, may also be made available for public viewing under Section 57(5) of the Act at one of our Customer Service Centres.

Council may also provide an applicant with a copy of your objection.

To find out more about current planning applications to be considered by Council or to view past decisions, go to Council Meeting Agendas and Minutes.

Who considers an objection and makes the decision on a planning application?

Council will consider your objection when making a decision on a planning application.

Council must consider all objections when assessing an application and once a decision has been made, you will receive a copy of that decision.

If Council decides to grant the permit, it will issue a ‘Notice of Decision to Grant a Permit’.

As an objector you will be sent this notice and you will have 21 days to lodge an application for review at VCAT - Victorian Civil & Administrative Tribunal.

If no objectors lodge a review with VCAT during this time, Council will grant the planning permit.

www.vcat.vic.gov.au

Withdrawing an objection

If you no longer have concerns about the application after speaking with Council, you can withdraw your objection. Any withdrawal made must also be in writing.

Please note for an objection to be withdrawn it must be unconditional and not subject to any conditions or requirements.

If you do withdraw an objection, you will not be informed of the decision or be able to make a further appeal to VCAT if you are unhappy with the decision.