Planning permits allow a particular use or development on a piece of land, and state the conditions of that use.
There is a process for applying for permits, which allows certain people to object to the application. There is also a process of appealing a decision to grant a planning permit. The information below discusses planning permits. For more general information on land use planning see Land use and planning in Victoria.
A planning scheme will designate various developments or uses of land for which a planning permit is required.
For example, a planning scheme may provide that a planning permit is required to open a business, construct a building, carry out works or clear native vegetation in certain areas of a municipality.
An application for a planning permit is made in the prescribed form to the responsible authority. It must be signed by the owner of the land.
A planning permit under a planning scheme is to be distinguished from 'building permits', which are separately required under the Building Act 1993 (Vic) on Austlii and the Victorian Building Regulations. building permits and controls relate to construction methods and standards, while planning permits relate broadly to the use and development of land.
Whether or not a planning permit is required for an activity will depend on the zone the property is in and which overlays apply to the property.
Copies of each planning permit application must be available for public inspection at a responsible authority’s office until the appeals process is completed; (see section 51 of the Planning and Environment Act 1987 (Vic)). A copy of every permit that is issued must also be available for public inspection; (see section 70 of the Planning and Environment Act 1987 (Vic)).
A responsible authority must also keep a register of all planning permit applications and all decisions relating to permits available for public inspection; (see section 49 of the Planning and Environment Act 1987 (Vic)).
The Planning and Environment Act 1987 (Vic) and planning scheme force the planning permit applicant or responsible authority to give notice of an application for a planning permit to certain people.
The responsible authority must give notice of a planning permit application to owners and occupants of land which adjoins the land concerned, unless it is “satisfied that the grant of the permit would not cause material detriment to any person”; (see section 52(1) of the Planning and Environment Act 1987 (Vic)).
This is in addition to notifying municipal councils, relevant Referral Authorities and other persons or bodies to whom the planning scheme requires it to give notice. The responsible authority must not decide on the application until at least 14 days have elapsed from the date of the notice; (see section 59 of the Planning and Environment Act 1987 (Vic)).
The responsible authority must also give notice to any other person if it considers that the grant of the permit may cause material detriment to them. For these people, notice may be given by placing a sign on the land concerned, publishing notice of the application in a newspaper circulated locally, by mail, direct delivery or any other way the responsible authority considers appropriate; (see sections 52(1)(d) & (2) of the Planning and Environment Act 1987 (Vic)).
No notice is required if:
Any person not given notice in accordance with section 52, can apply to Victorian Civil and Administrative Tribunal (“VCAT”) to have the permit canceled or amended (see 87, and section 89 of the Planning and Environment Act 1987 (Vic)).
You can apply to VCAT if you;
(see section 89 of the Planning and Environment Act 1987 (Vic))
What is required to be provided in a notice of a planning permit application is set out in Planning and Environment Act Regulations 2005 (Vic) - Form 2.
Any person who may be affected by the grant of a permit may object to the grant of a permit; (see section 57(1) of the Planning and Environment Act 1987 (Vic)).
Objections may be made even if the planning scheme did not require notice to be given of the application, however the responsible authority does not have to take these into account; (see section 60(3) of the Planning and Environment Act 1987 (Vic)).
Further information on objecting to a planning permit application can be found in Objecting to a planning permit application and Appealing planning permit decisions to VCAT.
A planning permit, and the conditions on that permit, will generally continue in force so long as the activity permitted by the permit is undertaken. For example, assume a planning scheme allow the construction of a two storey house without a permit and a three storey building with a permit. A person obtains a permit and builds a three storey house. That permit will remain in force so long as that third storey exists. This is true even if the original owner sells the house to another.
There are, however, three situations in which a planning permit will expire.