Planning Permit FAQs

There are many types of liquor licences. Most require planning permission prior to obtaining a liquor licence from the Victorian Gambling and Casino Control Commission (VGCCC). 

The type of licence required is determined by VGCCC, not by council or the applicant. Therefore, you should contact VGCCC to determine the appropriate type of licence before making an application for a planning permit. 

Details of the type of liquor licences that require a planning permit can be found here; planning permissions and liquor licences

A permit is also required for the following: 

• A different licence, or category of licence from that which is in force 
• If the hours of trading allowed under any licence are to be extended 
• If the number of patrons allowed under any licence is to be increased 
• If the ‘red line’ (licensed area) is being extended.

You can run a business from your house/dwelling without a planning permit, as long as it meets the 'Home Occupation' requirements specified in the Southern Grampians Planning Scheme   

If the home occupation requirements cannot be met, the business will need to be operated from a suitable commercial area.

When proposing to build a new fence, there are several factors to consider, such as whether a building and planning permit are required and discussing the proposed fence with any neighbours who share the same boundary. 

Common reasons for needing a planning permit for a fence, include: 

• If the fence is located in an area where heritage controls apply 
• If the fence is located in a flooding zone or overlay 
• If the fence is on a lot under 300m2
• If the fence is located in an area affected by the Design and Development Overlay

Please note that regulations concerning the cost sharing of boundary fences is a civil matter and is outside of Council’s jurisdiction.

Every application for a planning permit is required to be accompanied by the Certificate of Title.

A Certificate of Title must be provided for each parcel of land included in the application. Title information confirms the location and dimensions of the land specified in the planning application and any obligations affecting what can be done on, or with, the land.

As well as describing the land, a full copy of the title will include a diagram or plan of the land and will identify any encumbrances, caveats and notices. The title information accompanying your application must include a register search statement (if available) and the title diagram, which together make up the title. In addition, any relevant associated title documents, known as instruments (such as Restrictive Covenants or Section 173 Agreements), must also be provided.

You can obtain a copy of title by:

• Visiting the Land Data website at www.landata.vic.gov.au and following the general public access links for titles and property certificates. If your land is affected by instruments, you may also need to undertake an instrument search.
• Employing the services of a professional title searcher, conveyancer or solicitor who can assist you with obtaining all the necessary documentation.

Zones and overlays show how your land can be used and developed.

Every property is zoned. A property only has one zone. A zone shows the preferred land uses in an area. The main types of zones are residential, business and industrial.

Some properties also have overlay controls. Overlay controls may protect heritage or show areas that need special care, like those prone to flooding.

Current zoning and overlay information can be obtained via VicMaps.

The purpose of the Bushfire Management Overlay (BMO) is to:

• Ensure that the development of land prioritises the protection of human life and strengthens community resilience to bushfire.
• Ensure that the location, design and construction of development appropriately responds to the bushfire hazard.
• Ensure development is only permitted where the risk to life, property and community infrastructure from bushfire can be reduced to an acceptable level.
• Specify location, design and construction measures for a single dwelling that reduces the bushfire risk to life and property to an acceptable level.

The BMO requires a planning permit for certain developments and subdivision, bushfire hazards to be assessed and implementation of bushfire protection measures. See the Bushfire Management Overlay guide for types of development and subdivision that require a planning permit.

Further information regarding the BMO can be obtained by visiting the Department of Transport and Planning.

Particular documents are required with each type of planning application. Please see the links below, to the Department of Transport & Planning website for BMO document requirements.

Click on the type of development you are undertaking in the BMO:

• Outbuildings, sheds and similar works
• Single dwellings
• Subdivision
• Other development including unit development, commercial, retail

You may need to engage a qualified professional to undertake some of this work.

Please visit Planning and Bushfire Management Overlay on the CFA website for Help and Advice, there is a link to a list of accredited Bushfire Planning and Design Practitioners (BPAD).

Each individual property has a set of planning controls which specify when a planning permit is needed.
To find out what controls apply to your property, you can:

• obtain a free property report, or purchase a certificate of title or planning certificate at www.land.vic.gov.au
• visit the planning maps online section of the Department of Transport and Planning website.

Council requires all plans be drawn by an architect or draftsperson and be to a professional standard. Plans must include all the required information and be drawn to scale.

Whether or not a planning permit is required for the construction or extension of a dwelling or residential building, if the land is in a General Residential Zone or Neighbourhood Residential Zone, a lot must provide the minimum garden area at ground level.

Garden area is defined as any area on a lot with a minimum dimension of 1 metre that does not include:

1. a dwelling, small second dwelling or residential building (exemptions apply)
2. a driveway; or
3. an area set aside for car parking.

Click here to find out more information about minimum garden area requirements and exemptions.

The Aboriginal Heritage Amendment Act 2016 came into effect on 1 August 2016 and establishes new provisions and changes to the Aboriginal Heritage Act 2006.

For information about CHMP requirements, please refer to the Aboriginal Victoria website.

The council may arrange a planning consultation meeting if objections have been lodged against a planning permit application.

If you are the permit applicant, it is beneficial to attend because you can explain your application clearly to objectors and clarify any issues that are raised.
If you are an objector, it is beneficial to attend because you can discuss your concerns directly with the permit applicant.

No.

The planning permit application fee is a charge that must be paid to the responsible authority for consideration of a planning permit application. Payment of this fee does not guarantee you will be granted a planning permit.

Planning permit application fees are statutory fees made under the planning and environment (fees) regulations - these fees are not set by the council. You are able to view the fees and charges here.

Once you have lodged your application with the council, the application will move through the statutory planning process.

The Planning and Environment Act 1987 specifies a prescribed time of 60 days to determine an application, after which the applicant can refer the matter to the Victorian Civil and Administrative Tribunal (VCAT) for determination. Visit the VCAT website for more information.

Many simpler planning permit applications are assessed in less than 60 days, particularly those that are exempt from the notice and appeal requirements of the Planning and Environment Act 1987.

The timeframe to determination of a planning application is dependent on a number of factors, including whether a complete application is lodged (ie. does not require further information to be provided), the need to refer the application to relevant authorities, whether public notice is required, and if so, the number of objections received.

You can track the progress of your application through Greenlight.

No. A notice of decision indicates that the council is proposing to grant a permit. A notice of decision means that there is a period of 28 days in which an objector can appeal the council's decision to the Victorian Civil and Administrative Tribunal (VCAT). If no appeal is lodged, a planning permit will then be issued.

An applicant has 60 days to apply to review any of the conditions included in the proposed planning permit. The applicant must notify the council and all objectors if they apply to VCAT to review any of the conditions of the planning permit.

If an objector applies to VCAT for a review any of the conditions of the planning permit, they must advise the council and the applicant.

Visit the VCAT website for more information.

No, the council cannot issue a permit until the appeal time period has expired.

For further information regarding appeals, visit the VCAT website.

A planning permit may contain use and/or development conditions upon which the approval is based.

Amended plans, if required, are generally requested as the first condition on the planning permit. However, you should check the wording of all other conditions of the planning permit, as other information or actions may be required.

Amended plans and/or documents which meet the requirements of these conditions must be submitted in order to obtain endorsed or approved plans. Building works and/or use must not commence until a set of plans have been endorsed.

For more information contact council's Planning Services Team.

A planning permit will generally have an expiry condition noted on it. The duration of time is calculated from the issue date of the planning permit, not the date of any amendment granted or the date of endorsement of plans (unless an extension of time has been obtained).

If there is no condition on the planning permit, the Planning and Environment Act 1987 specifies that a planning permit expires within two years of the issue date of the planning permit.

A Certificate of Compliance is a document issued by a responsible authority in accordance with Part 4A of the Planning and Environment Act 1987. Any person may apply for a Certificate of Compliance, and the certificates you can apply for arese either:

• Existing Use or Development Form 14 - a certificate stating that an existing use or development of land complies with the requirements of the planning scheme at the date of the certificate.
• Proposed Use or Development Form 15 - a certificate stating that a proposed use or development, or part of a use or development of land, would comply with the requirements of the planning scheme at the date of the certificate.

A Certificate of Compliance is not a planning permit, however a certificate gives some certainty in interpreting a planning scheme, or in establishing the extent of existing use rights that may exist on a property and may be useful to a person who needs to rely on it.

Find more information [insert form/fact sheet if council has one].

A Section 173 Agreement is a legal contract made between the council and another party or parties (normally a landowner, or sometimes a third party such as a referral authority) under Section 173 of the Planning and Environment Act 1987.

An agreement provides continuous restrictions or on-going requirements on the use or development of the land.

To amend or end a Section 173 Agreement, please follow the steps outlined in this document [link to Council’s Application Form]

Please note, amending or ending a Section 173 Agreement involves a statutory fee. Find out more information about the fees relevant to your proposal.