What is the planning scheme?

The planning scheme controls land use and development within a municipality. It contains State and local planning policies, zones and overlays and other provisions that affect how land can be used and developed.The planning scheme will indicate if a planning permit is required to change the use of land, or to construct a building or make other changes to the land.

Every municipality has its own planning scheme. The planning scheme is on display at the public information counter at the council’s planning department.

A copy of every planning scheme in Victoria is also available to inspect and buy at the Department of Infrastructure Planning Information Centre, Upper Plaza, 80 Collins Street, Melbourne and online at www.doi.vic.gov.au/planningschemes.

What information is in a planning scheme?

There are two types of information in a planning scheme: a set of planning scheme maps that show the zones and overlays that apply to land covered by the scheme, and written information or ordinance that sets out the requirements of the policies, zones and overlays.

What are planning policies and how are they relevant?

Planning policies are statements about how decisions will be made. State planning policies are concerned with issues such as urban consolidation and neighbourhood character, while local planning policies are concerned with issues of regional or local significance. The council must take into account both the State and local planning policies when making a planning decision.

What is a zone?

The planning scheme zones land for particular uses, for example, residential, industrial, business or other.

The zones are listed in the planning scheme and each zone has a purpose and set of requirements. This information will describe if a planning permit is required, and the matters that the council must consider before deciding to grant a permit. The zone also contains information relating to land uses, subdivision of land, construction of new buildings and other changes to the land.

A zone sets out land use controls in three sections:

Legend
B1Z Business 1 Zone
R1Z Residential 1 Zone
RDZ1 Road Zone Category 1
Legend
HO Heritage Overlay

 

Section 1: Land uses that do not require a planning permit.

Section 2: Land uses that require a planning permit.

Section 3: Prohibited uses. Some uses are not allowed on land in a zone because they may conflict with other uses; for example, industry is prohibited in the Residential 1 Zone.

What is an overlay?

The planning scheme map may show that a piece of land has an overlay as well as a zone affecting it. Not all land has an overlay. Some land may be affected by more than one overlay. If an overlay applies, the land will have some special feature such as a heritage building, significant vegetation or flood risk. The Heritage Overlay, for example, applies to heritage places of natural or cultural significance and describes the requirements that apply.

The overlay information will indicate if a planning permit is required for the construction of a building or other changes to the land. For example, if a Heritage Overlay applies, a planning permit is required to demolish an existing building. The Heritage Overlay requires council to consider, before it grants the permit, whether the demolition of the building will lessen the significance of the heritage place.

Legend
HO Heritage Overlay

 

What do ‘use’ and ‘development’ mean?

Use of land refers to using land for a particular purpose (such as a dwelling or a shop) and may not involve building anything.

Development includes the construction, alteration or demolition of a building or works and the subdivision or consolidation of land.

In some zones, the development of land and the proposed new use both require a permit. For example, in the Mixed Use Zone, a permit is required to construct a building and to use a building for an office. In other zones, the use may not require a permit, but a permit may be required to construct the building (the development) for the use. In this situation, council can only consider the effects of the new building (such as height, visual bulk and so on) and not the change in the use of the land.

Finding the information in the planning scheme

Planning scheme maps are usually kept in a large folder at the council’s planning counter. A copy of every planning scheme is also available online at www.doi.vic.gov.au/planningschemes. Symbols are used for the zones and overlays shown on the maps. For example, all land in the Residential 1 Zone is marked with the symbol R1Z, and all land affected by a Heritage Overlay is marked with the symbol HO and a number. The land may also be affected by one or more overlays. Zone and overlay information is shown on separate maps. If you wish to examine the planning scheme:

1. Look at all the maps that apply to the land you are interested in. Identify the zone and overlays that apply.
2. Look in the written (ordinance) part of the planning scheme to find out what the zone and overlays mean and what planning policies and other provisions may apply.

You need to look at both parts of the scheme.

Alternatively, talk to the council planning staff and explain your interest in the planning scheme. Ask them to show you the relevant sections. They can also explain what this information means, and how it affects the land you are interested in. Ask for a copy of this information. There may be a photocopy charge.

A professional building design consultant such as Design Equilibrium Pty Ltd is up to date with this information and should be engaged on all planning applications.

before making the application

• find out about the planning scheme
• talk to the council planner
• talk to the neighbours
• consider getting professional advice

prepare and submit the application

• application information
• application form
• fee

council checks the application

• more information?
• referral?

application is advertised if required

• for at least 14 days
• usually by letter to neighbours and a sign on-site
• people affected may object

council assesses the application

• considers any objections
• holds mediation meeting if needed
• considers any referral comments
• assesses planning scheme provisions
• negotiates with permit applicant
• prepares report

council decides the application

• permit with notice of refusal
• conditions or decision with or
• conditions

review by VCAT if applied for

• by the permit applicant against conditions or refusal
• by an objector against notice of decision
  

Refer page 12 'Typical planning application and working drawing process' for a more detailed step by step guide to the process.

What obligations does a permit impose?

The permit contains written conditions and usually has endorsed plans that show what is to be built and how the land can be used. The proposed use or development must satisfy all the conditions on a planning permit and comply with the endorsed plans. This means the use or the buildings and works must be exactly as shown on the endorsed plans. The approved planning and building plans must also be consistent. Council also has to approve minor changes to the approved plans. A new planning permit application will be required if council doesn't consider the changes to be minor.

The planning permit process
Before you make the application to council

• Engage a building design professional. Planning assessment and decision-making are sophisticated processes that involve concepts such as respecting neighbourhood character, achieving good urban design outcomes, protecting reasonable amenity and enhancing heritage significance. Council and the community are looking for proposals that will meet their expectations. Getting the right professional advice at the beginning will help develop your ideas so you meet council's expectations and your objectives.They will find out if a planning permit is required and make sure that what you want to do is not prohibited. If a proposal is prohibited, there is no point in making an application because it will be refused. If a permit is required, they will view a copy of the planning scheme provisions that council will use to assess the application. Ask the designer whether the council is likely to support the proposal. Discuss any changes that might be necessary to make the proposal acceptable.
• Talk to your neighbours so they are aware of your intentions. Taking the time to talk to them at this early stage may save time later if changes can be made to the plans that address their concerns. Most people appreciate the opportunity to discuss plans before the formal notice process commences, although it will not always be possible to make changes that satisfy everybody.

Making a planning permit application

An experienced & professional consultant should be engaged to follow out the following processes.

Step 1: Find out if a permit is required

Find out whether a permit is required, what information must be provided with the application, and what relevant policies and provisions council will use to assess it. Different information will need to be provided for different types of permit applications and might include site plans, elevation drawings or a written report.

Step 2: Describe what the permit is for

Clearly describe what you want a permit for. Make sure you describe all the things that need a planning permit so a further permit won't be required. Check this with the council planner when lodging the application.

Step 3: State the cost of development

You must provide an accurate estimate of the cost of the development. This will determine the planning application fee. The fee must be paid when you lodge the application. It is paid to council to consider and assess the application. It is not a fee for approval, so there is no refund if the application is refused. The scale of fees is set down by government regulation.

Step 4: Include the owner's consent

If a permit is required, fill out the application for planning permit form, provide the required information and pay the required fee. All councils use a standard application for planning permit form. You must lodge the application form at the council offices.

Step 5: Attach title information

A current Certificate of Title must be provided. You must also provide a copy of any registered restrictive covenant that affects the land. If a registered restrictive covenant does apply, talk to the council planner about what to do next.

Step 6: Attach the plans and any necessary extra information

If the appropriate information is not provided, the application won't be processed. Council must have sufficient information to assess your application. Plans or other information may also need to be prepared to accompany the application. The planning scheme may state that particular information is required for certain types of permit applications.

Step 7: Check everything is there

All planning applications must include:

• a completed application form
• the planning fee
• a copy of the title to the land and any registered
  restrictive covenants
• at least three copies of scaled and dimensioned plans showing existing conditions (preferably at 1:100, 1:200 or 1:250 scale). These should show relevant information such as access points, building footprints, boundary dimensions, slope and levels, orientation and the nearest intersecting street
• at least three copies of scaled and dimensioned plans showing the proposed development (preferably at 1:100, 1:200 or 1:250 scale)
  a written description of the proposed use or development.
• All relevant site & neighbouring information including reports / assessments of significant trees etc
• Make sure all the information provided on the application form is correct. Sign and date it, and keep a copy of everything for your records.

Step 8: Submit the application

If the appropriate information is not provided, the application won't be processed. Council must have sufficient information to assess your application. Plans or other information may also need to be prepared to accompany the application. The planning scheme may state that particular information is required for certain types of permit applications.

• Note the application reference number and the name and contact details of the council planner responsible for the application.
• Use the application reference number in all correspondence with council.
• Keep a copy of all the correspondence from council about the application. It is an important record of council's assessment process, and of the dates when decisions were made.
• Try to lodge the application with the council planner you've discussed the proposal with. Get them to check that all the necessary information is provided.

After the application is lodged

You should receive an acknowledgment letter from council.

The council planner will check the application and advise you (in writing) within a reasonable time if more information is required. If more information is required, you should provide it promptly or the application won't be processed further.

The application is a public document and is available for inspection at the council offices. So that people who may be affected by the proposal can understand what's proposed, copies of plans may be made available to them.

Referrals

Your application will be sent for comment to other departments (for example, engineering services, urban design) within council. It might also be formally referred to external agencies such as the Department of Natural Resources and Environment, VicRoads or Melbourne Water if the application
affects their interests.

Advertising

A fundamental part of the Victorian planning system is to allow people affected by a planning decision to be given the opportunity to comment on what's proposed before the decision is made. When the application is lodged, council decides whether notice will be given to the owners and occupiers of the adjoining land or any other person, and how the notice will be given. This is usually called advertising.

If the planning scheme specifically states that advertising is not required, or if council is satisfied that the application will not have a negative impact or cause material detriment to any person, the application
will not be advertised.

If formal advertising is required, council will issue a written direction to advertise the application. This can be expected within a reasonable time after the application is lodged, once all the required information is provided. The advertising period is at least 14 days. Neighbours are usually notified of the permit application by letter. A notice may also be required to be displayed on the site.

Any comments received are called submissions, and these should be lodged with council during the advertising period. Council must consider them when it makes its decision about the application. Submissions that oppose a proposal are objections. Most submissions are objections, and they may lead to changes being made to the proposal before council makes its decision. Submissions can also be made in favour of a proposal. Advertising must be carried out exactly in accordance with council's direction and the 14-day time frame must be strictly observed. Contact the council's planning department if you do not understand what you are required to do.

You may be directed to place a sign on the street frontage of the land for 14 days. This is usually required if council considers that persons other than the immediate neighbours might be affected by the proposal. Council will usually provide a sign filled out with the required information. You will have to make the sign weatherproof and ensure that it is displayed in accordance with council's requirements. With the council planner, confirm the date to go on the sign, the date from which the sign must be on display, and when the sign can be taken down.

Most councils require a statutory declaration as evidence that advertising has been completed. The application won't be processed further until the advertising has been completed to council's satisfaction and the statutory declaration returned to council.

Objections

Objections may be lodged with council up to the time when it makes its decision about the application; however, objections are usually lodged during the 14-day advertising period. Anyone can lodge an objection. Objections can't be ignored and council must consider them when it makes its decision. Although objections may take any form, those relating to reasonable planning concerns will have more influence over council's decision.

When the advertising period has finished, check if the council's planning department has received any objections. If there are no objections and all the referral comments are back, the council planner can assess the application and make a recommendation about whether to grant a permit. Even if there are no objections, the application may be refused if the council planner's assessment is not favourable. If objections have been received, arrange a meeting with the council planner to discuss them and identify the planning issues. For example, a change to the plans to increase the setback from a boundary may reduce shadow effects on a neighbour's property etc.

Many councils encourage the objectors and the permit applicant to meet to discuss the proposal and address the objections. Council will facilitate the negotiation between the parties. As the permit applicant, you can arrange the meeting or negotiate with the objectors individually. Ask the council's planning department for a copy of the objections. Make a note of each objector's name, contact details and their main concern. Offer to meet the objectors on-site to discuss what can be done. Contacting objectors individually may be effective, but be careful that any changes you agree to
will not cause problems for other objectors. While it's not always possible to resolve objections and differences of opinion, it's usually worthwhile to try. Make sure you keep the council planner informed about the arrangements you make.

The council planner might suggest some changes to the plans or appropriate conditions to address the objections or issues council has identified when assessing the application. Any further action you take will depend on the nature of the objections, the advice from the council planner and your willingness to negotiate changes.

Changing the plans after advertising and negotiation with objectors

After the negotiation process, you may make changes to the plans however additional council fees are payable. Talk to the council planner about the best way to make these changes to ensure a new application is not required. Make sure you give the council planner a set of the revised plans with the changes clearly highlighted. Provide a covering letter that explains the changes and the reasons for them. Make sure the revised plans are clearly labelled for future reference.

Some councils circulate the revised plans to all persons who were given notice of the original application and invite comment as part of the assessment process. People who might be affected by the changes must
be informed of them and have the opportunity to comment before council decides on the application. If council decides to grant a permit when plans have been changed through negotiation with objectors, there is usually a condition on the permit that requires amended plans showing the specified changes to be submitted and approved. This condition binds the permit applicant and protects the objectors.

If objections aren't withdrawn

Objectors will usually be reluctant to withdraw an objection, even if the revised plans address their concern or an agreement between the parties is reached, because they risk forfeiting the right to a review. However, an objection can be withdrawn conditionally, for example, provided that certain changes are made to the conditions imposed. Then, if the objector's requirements are not met, the objection still stands. An objection must be withdrawn or conditionally withdrawn in writing, signed and dated.

The recommendation and permit conditions

Discuss the recommendation and the proposed permit conditions with the council planner before a decision is made. Councils usually use a set of standard conditions, but the planner may think special conditions are appropriate. By discussing the conditions early, you may avoid the need to apply for a review because you find the permit conditions unacceptable.

Assessment of the application

The council planner prepares a report describing the proposal, the relevant policies and planning scheme requirements, the assessment process, any objections and referral comments, and the response to them. They then make a recommendation about whether or not a planning permit should be granted. The council planner has to judge how well a proposal meets policy objectives in the planning scheme, and they may have to strike a balance between competing objectives.

An officer of the council may make the decision under delegation. This means a senior officer or committee of officers of the council makes the decision, rather than it being decided by the full council. A decision made under delegation is usually quicker because the application does not have to wait for a council meeting.

Most councils have a policy that identifies applications that may be decided under delegation. If the application is for a major project, or there are a certain number of objections, the application will usually be decided at a committee of council or a full council meeting.

If your application is listed on a council meeting agenda, you might want to make a short presentation to council in support of your application. With the council planner, discuss if this is possible and appropriate, and find out what notice is necessary for you to speak at the council meeting. Objectors can also make a short presentation at the council meeting.

Refusal

Council or its delegate may refuse to grant the permit and will issue a Refusal to Grant a Permit notice. The grounds for the refusal will be listed on the notice. Council will give a copy of this notice to you and all other parties involved in the application process. Information about applications for review to the Victorian Civil and Administrative Tribunal (VCAT) is printed on the back of the refusal notice.

A council planner may let you know in advance if your application is to be refused and the decision is to be made under delegation. This allows you to make changes to the application that address council's concerns. However, you are not under any obligation to make changes and, sometimes, there is a fundamental difference between what you want to do and the council planner's assessment of the application that can only be resolved at VCAT.

In some instances, the council planner may recommend that the permit is granted but council may refuse the application. Council is not obliged to accept the council planner's recommendation and there are many reasons why it may be overturned. If your application is refused, you have 60 days from the date that notice of the refusal is given to apply to VCAT for a review of the decision. Lodge an application for review as soon as possible so you get in the VCAT system.

Granting the permit

A permit is nearly always subject to specified conditions that must be met. If there are no objections, council can issue the permit immediately. If there are objections, council can only issue a Notice of Decision to Grant a Permit. All concerned parties will receive a copy of the notice. The Notice of Decision to Grant a Permit does not have the same legal status as a permit. However, it signals council's decision to grant the permit and identifies the conditions to be included on it.

An objector has 21 days to lodge an application for review. If VCAT confirms that no application has been lodged within the 21 days, council will issue the permit. If an objector lodges an application for review within 21 days of the notice being given, council cannot issue the permit. The application will be decided by VCAT.

If council issues a permit, you will receive a copy of the permit and the endorsed plans. These are important documents and should be kept in a safe place. Don't use the endorsed plans as your working plans.

Permit conditions and expiry

If the permit is granted, you must comply with all of the permit conditions. Check the conditions very carefully and note any that must be complied with before the use or development commences. For example, amended plans may be required, or there may be a condition requiring a landscape plan to be prepared and approved by council. You cannot act on the permit until these conditions have been satisfied and the plans have been endorsed.

Note any conditions about expiry of the permit. Most permits expire two years from the date of issue unless specified times are included as a condition of the permit.

If a permit condition is unacceptable, you have 60 days from the date the permit was issued, or the Notice of Decision to Grant a Permit was given, to apply for a review. Lodge an application for review of the conditions as soon as possible so you get in the VCAT system.

Failure to decide the application

If council fails to make a decision about the application within 60 days, you can apply for a review to VCAT. The 60 days must be calculated in accordance with Regulation 30 of the Planning and Environment Regulations 1998.

If council did not request further information, the 60 days is calculated from the date the application was lodged excluding the time between council's direction to give notice about the application and the giving of the last required notice.

If council did request further information, the 60 days is calculated from the date when the information was provided excluding the time between council's direction to give notice about the application and the giving of the last required notice.

In calculating the 60 days, the day the application was lodged is excluded and the last day is included. Weekends and public holidays are included in the 60 days. However, if the last day falls on a weekend or public holiday, the 60-day limit expires on the next working day.

If the 60-day limit is approaching, find out from the council planner what the recommendation will be, when the decision will be made, and the reasons for any delay. Reviews against the failure to make a decision are relatively uncommon because council is likely to make a decision before the hearing date at VCAT. However, if a refusal is recommended, it may save you some time in the VCAT system if you have applied for a review under this provision. The appropriate action will depend on the particular circumstances.

Additional information required prior to, & during your application

The local authorities will require further information (by others) to supplement your planning application in addition to the fee proposal for works completed by Design Equilibrium Pty Ltd . In order to allow us to commence work on your application with minimal delay, we require your assistance by providing us with the following details:

• A 'Title Re-establishment Survey' including a 'Feature Level Survey' & 'Neighbourhood & Site Description Plan' from a licensed land surveyor and;
• An 'Arboricultural Report' from a suitably qualified arborist or horticulturist.

The following information will also be required prior to commencing work on your project, and will be organized by Design Equilibrium Pty Ltd on your behalf (fees apply). Please notify this office if any of this material has already been obtained. This material includes:

• Sewer locations and depths
• Flood levels in overland flow areas or zones
• Site sewer plan
• Legal points of discharge
• Current Certificate of Title (max 30 days old)
• Melbourne One Call information
• Council drains and assets

The following information will be required during the design/application process on most, or possibly all planning applications, and will be obtained by Design Equilibrium Pty Ltd as required, without prior notification to the client (fees apply). This allows minimal delay in the continuance of your project. Invoices for these will be sent to you as the need to obtain these details becomes necessary. These de

• Build over / near easement permits
• Build over / near easement permits 'First Rate' Energy efficiency rating (client will be notified)
• Landscape design (client will be notified)

Why do you need these additional items?

• A title re-establishment & feature survey will be required prior to attempting any site design to determine the exact areas/levels or buildings etc, and to determine if any fence/boundary discrepancies are in existence, which may affect the design.
• The Arborist report assists the designer in determining any large trees that may be removed due to health or species, and will be requested by the local council during your application for a planning permit to support the intended removal of any trees that the council may otherwise be concerned with removing.
• The Site Sewer Plan will determine the location of existing sewer pipes within the site.
• A current planning certificate will be required to assess if there are any specific overlays related to your site, which may have an affect on the design outcome, and may help determine the likelihood of an increased possibility of refusal through the council process. The planning certificate will determine if your site can accommodate your intended development use, or whether an alternate design solution may be required.
• A flood level to the Australian Height Datum (AHD) will be requested to determine if the area is prone to overland flow in a 1 in 100 storm, or to flooding for other reasons. This simple check will determine if increased floor levels required due to flooding, would cause a design problem and the possible end to a potential site. We believe it is far better to find this out early, saving potential heartache later into the building process.
• A current Certificate of Title (C.O.T) is required to determine any covenants that may be associated with the land, and may therefore conflict with your development intentions. An older Certificate of Title may also have incorrect boundary dimensions and bearings due to a recent survey being conducted or adverse possession claim etc. It is vital that a current C.O.T be obtained to reduce the possibility of using incorrect site information causing further redesign costs and heartache later in the building process.
• A 'build over or near an easement permit' will be required early in the process if your design is on or near an easement line. This will determine accurate sewer mains locations, and reduce the risk of potential time delays later in the building process due to the relevant authorities requiring alterations to the design to suit their mains asset locations.
• The legal point of discharge will be required to determine that the site is in fact, connected to mains storm water, and may help determine potential cost issues before progressing too far into the planning process.
• A landscape design will be requested by the local council assessing your application. It will generally be requested as a condition of the planning permit. The stamped planning drawings will not be released by the council until the landscape plan has been submitted into the local authorities, and is to their satisfaction.