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Planning and Design

Planning and Design

Planning Decisions

Granting a planning permit

If your planning permit is granted, you must comply with all of the permit conditions. Please 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.

More information on submission of plans complying with planning permit conditions.

Conditions are placed on planning permits as a result of consultation with different Council departments, each with their own area of expertise.

Sometimes, conditions are required to be placed on a planning permit at the request of a Referral Authority. A Referral Authority is a statutory or government body that is responsible for a particular area of concern. For example, VicRoads is responsible for the maintenance and upkeep of major roads such as Princes Highway and may require certain matters to be undertaken if a developer is working within or making alterations to the road.

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 you feel that a permit condition is unacceptable, you have 60 days from the date the permit was issued to apply to the Victorian Civil and Administrative Tribunal (VCAT) for a review.  Visit the VCAT website for further information

Notice of decision to grant a permit

If there have been objections to a planning application, Council can only issue a Notice of Decision to Grant a Permit (NOD). The NOD does not have the same legal status as a permit. However, it advises of Council’s decision to grant the permit and identifies the conditions to be included on it.

An objector has 28 days to lodge an application for review with VCAT. If VCAT confirms that no applications have been lodged within the 28 day period, Council can issue the permit.

If an objector lodges an application for review within 28 days of the notice being given, Council cannot issue the permit and the application will be decided by VCAT.

Notice of refusal

Council may refuse to grant the permit and will issue a Notice of Refusal to Grant a Permit. 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.

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. Information about applications for review to VCAT is printed on the back of the Refusal notice.  Visit the VCAT website for further information