Statutory Planning FAQs
Depending on the provisions of the Planning Scheme, a Planning Permit may be needed to change the use of the land or to develop the land. This may be subject to meeting conditions. Some forms of use or development may be prohibited. The best way to find out if you need a Planning Permit is to submit a request for written planning advice from Council's Planning Department. Simply provide the details of what you would like to achieve (e.g. change of land use, removal of vegetation, construction of a building) with a current copy of the relevant title and the fee of $65 and advice can be provided to you in writing.
Objecting to someone else's planning permit application
If you feel that you might be materially affected by a particular planning proposal, you may submit an objection to the responsible authority. There are limitations on the types of objections allowed: for example, an objection relating solely to commercial competition cannot be considered and objections cannot be considered if the Planning Scheme specifies that the application is exempt from notifying the community. Objections must be in writing and must clearly state the reasons for the objection and how you would be directly materially affected. A group of people may make a combined objection (for example, a petition). Please note that a petition is considered to be one submission of objection and any correspondence relating to the objection will be forwarded to the head signatory of the petition. The responsible authority must make a copy of every objection available for inspection by both the permit applicant and the public. Objections should be lodged by the date shown on the 'Notice of Application' which you may receive in the post or see displayed on the subject land. Council is able to make a decision on an application any time after the date on the Notice of Application which means that any submissions submitted after the noted date may not be received in time to be considered in the decision making process.
Application for a Planning Permit refused or disagreeing with conditions imposed by the permit
If your application for a planning permit is refused by the responsible authority, or the decision contains conditions that you do not agree with, you may lodge an application for review to the Victorian Civil and Administrative Tribunal (VCAT).
Planning Controls and restrictions on the land
To determine the zoning of the land and whether any planning overlays exist, you can obtain a free Planning Property Report on the Department of Planning and Community Development website.
You will need to check a current (less than 30 days old) copy of title of the land to ensure there are no restrictive covenants or any agreements or any other restrictions. These may be obtained on the LANDATA website.
Obtaining a copy of your property title
Copies of titles may be obtained from LANDATA or in person at the Titles Office at Level 9, 570 Bourke Street, Melbourne, 3000. A fee will be required.