An Overview on Planning Permits in Victoria’s Planning System

Statutory planning may also be referred as development control (Eccles & Bryant, 2011, p. 1). They represent a framework for the “formulation and administration of controls on the use and development of land” (Eccles & Bryant, 2011, p. 1). Planners “model and predict cities and regions and through the tools of planning control ensure that” those models and predictions work “efficiently and effectively” (Allmendinger, 2017, p. 147). As an extension of that, planning permits are regulatory instruments that reflect this broader rational approach towards urban planning.

We address the frequently asked questions about the function of planning permits, amongst landowners, developers, and interested parties, who may be affected by any change in land use or a development:

What is a planning permit?

A planning permit gives permission for a “particular use and/or development proposal in a particular area of land” (Eccles & Bryant, 2011, p. 107). The content of a planning permit will generally state the consent granted, the conditions required, the land that the permit applies, and the set of plans approved (if any). 

When is a planning permit required?

Whether a planning permit is required depends on the applicable planning scheme and its provisions.  Depending on the planning proposal submitted to the responsible authority, the proposal may also trigger or require more than one permission. Permit applications allow responsible authorities the ability “to assess the effect of the proposed use or development on the land…and particularly the effects on surrounding land” (Byard et al., 2023, [432,200]).

This process reflects the statutory requirement in section 47 of the Planning and Environment 1987 Act (Vic) that if a “planning scheme requires a permit to be obtained for a use or development of land….” then an application for a permit must be made to the responsible authority for that development to be lawful.

When does a planning permit begin and expire?

Generally, a planning permit begins from the date stated in the planning permit.

However, a planning permit may expire depending on certain situations. For example, if a planning permit relates to the use of land, then the permit may expire if the use does not start within the time specified in the permit, or if no time is specified on the permit, then two years after the issue of that permit. Finally, if the use is discontinued for a period of two years, then the planning permit may also expire as well.

A permit for the development and use of land expires if the development or any stage of the development does not start or is not completed within the time specified in the permit, or if no time is specified on the permit, then within two years after the issue of that permit.

Can amendments be made to an application for a planning permit?

An amendment to a planning application can be made prior, or after, notice of the planning application is made. Generally, the types of amendment may involve an amendment to the use or development, the description of the land, any plans or documents that form part of the application.

Can there be objections to an application for a planning permit?

Any person who may be affected by the grant of a permit may lodge an objection to a planning permit application. An objection must be made to the responsible authority in writing stating the reasons for the objection, and stating how the objector would be affected by the grant of the permit (Planning and Environment Act 1987 (Vic), s 57).

If the responsible authority makes a decision to grant the permit, then, unless the planning scheme specifies the permission sought as being one to which review rights do not apply, the objector has a right to apply to the Victorian Civil and Administrative Tribunal (Tribunal / VCAT) for review of that decision

What are the matters that a responsible authority must consider before making a decision to grant a planning permit?

The statutory framework for guiding the determination of a planning decision is described in section 60 of the Planning and Environment Act 1987 (Vic). They are statutory considerations that a responsible authority must consider to “all applications for permits.

Before a responsible authority makes a decision, the matters that must be considered, include:

These considerations are similarly considered by the Tribunal when an application is referred for review.

What are the matters that a responsible authority may consider before making a decision to grant a planning permit?

In addition to the mandatory considerations, before making a decision, the responsible authority may also consider the following:

These considerations are similarly considered by the Tribunal when an application is referred for review.

What is Use and Development in relation to a planning permit?

The Planning and Environment Act 1987 (Vic) prescribes statutory meaning to the special terms, use and development. In section 3, the term, Use, is defined only as “in relation to land includes use or proposed use for the purpose for which the land has been or is being or may be developed”.

Whereas, the term, development, adopts broader categories and scope, including:

1. the construction or exterior alteration or exterior decoration of a building.
2. the demolition or removal of a building or works.
3. the construction or carrying out of works.
4. the subdivision or consolidation of land, including buildings or airspace.
5. the placing or relocation of a building works on land.
6. the construction or putting up for display of signs or hoardings.

In turn, planning schemes set out the particular forms of development which require permits.

Bibliography

Related Entries

Significant Cultural Heritage | Sale of Land Disclosure (Development Controls) | Zones and Overlays | Heritage Property |

Authored by:
Ben Franklin, Managing Partner (LIV Accredited Specialist – Property Law), David Andrewartha, Partner, Luke English, Partner (LIV Accredited Specialist – Environment & Planning) & Matthew Tran, Lawyer.