What is a Planning Permit? And why do I need one?
Planning Permits give permission to use or develop land in a particular way. Put simply, Town Planning is where the local Council assess what you want to do and decides if it is the right use or development for the area. The council’s planning department utilises their Planning Scheme to do this.
In some instances, you will require Town Planning permission, a 'planning permit' from your local Council to build what you want to build, where you want to build it. Another example is to use the building for the purpose you want to use it for. e.g. Using a house as an office.
Another example, let’s say you want to build a house (dwelling) in a residential area, generally, this could be developed without a planning permit. But let’s say you want to build a house (dwelling) in a commercial zoned area, this could still be permitted, but a planning permit may be required under the planning scheme.
It is not only the area or “Zone” (Residential, Commercial, Industrial, Green Wedge etc.) that dictates what can and can’t be done but also the various overlays (Heritage, Land Subject to Inundation, Environmental Significance, etc.) within that zone.
Planning Permits
Check your Planning Zone & Planning Scheme Overlays
You can use VicPlan to find a property or parcel, generate a planning property report, and view zones and overlays anywhere in Victoria.
Type the address into the search bar that says search for address or parcel, then select from the drop down box. This will show the relevant Planning Scheme Zone & Planning Scheme Overlays.
Planning Zone & Planning Scheme Overlays Example:
Using the example below, let's say we want to build an office at 39 Pine Avenue, Mildura. After typing in and selecting the address you will see the Property Information on the left of the page - this shows the relevant Planning Scheme Zone & Planing Scheme Overlays.
If we click on the applicable Planning Scheme Zone, COMMERCIAL 1 ZONE it will open up a new window with the relevant section of the planning scheme.
Selecting the COMMERCIAL 1 ZONE (inset) will take you to the Schedule of that zone.
You can see that there are many overlays that may require i.e. 'trigger' the need for a Planning Permit.
As we begin to read through the planning scheme we come across Section 1 - Permit Not Required (see below) and a table of the uses listed.
Looking through the list we see that an Office is permitted and that no planning permit is required. At first glance you might think happy days, lets get our plans drawn up and apply for a Building Permit, not so fast... we can see what we wish to build in the table of permitted uses but let's put our coffee down and keep scrolling, looks as though we may still require a planning permit under 'Building and Works'
The Building and Works section reads: A permit is required to construct a building or carry out works. This means that we will need to make an application to Council for a planning permit. The procedure formally commences when a completed application form and supporting documents are lodged with Council.
Typically an application will include:
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A detailed description of the proposal
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Photos
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Plans
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Supporting information including any consultants' reports
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A copy of the title of the land
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The prescribed fee
The necessary information will depend on the particular proposal. The detailed description should address all components of the proposed use and development and the permit triggers under the planning scheme. It should also state the existing use of the land as well as the estimated cost of the development and all specific information required by any relevant planning scheme provision.
BW&A National can assist in determining whether a planning permit is required, and if so can provide you with a fee proposal for Town Planning Services for more information contact our office on 1300 363 487
Town Planning and your Building Notice
Illegal building works are works that have been carried out without obtaining a building permit or the use of the building or place does not comply with the Building Act 1993 or National Construction Code (NCC) If Council have been made aware of the non-complying structure or use of the building, they will issue a Building Notice or Building Order to ‘show cause’ why the non-complying building or structure on the property should not be demolished within the time frame specified on the notice.
To rectify the situation and have the Building Notice cancelled it may first require a Planning Permit for the reasons described in our example above.
If you have been issued with a Building Notice or Order, BW&A Compliance can assist with resolving these matters.
Note: if you have applied for a Building Permit with BW&A National, part of the initial assessment carried out is to check to see whether what you propose to build will trigger a planning permit.