What is a Planning Permit?
A planning permit gives you permission to use land, build on land, or subdivide land and the Moorabool Planning Scheme defines when a permit is or is not required. When it does, the permit makes sure that land is used safely, buildings are designed appropriately, and the amenity of neighbours is protected. Planning permits are required by law under the Planning and Environment Act 1987 and it is Council's role to administer and enforce this Act.
Some key points are:
- Only Moorabool Shire Council (or occasionally the State Government's Minister for Planning) can issue a planning permit within the Moorabool Shire - this means we are the responsible authority.
- We can only consider the Moorabool Planning Scheme when assessing planning permit applications and this is a public document.
- Planning permits make sure land is used safely and buildings are well designed.
- Planning permits help to protect your amenity, privacy and safety. The planning system is the reason that housing and industry are separated!
- A planning permit applies to the land, not the owner - if the land is sold, the permit remains.
- Breaching a planning permit or purposely avoiding getting one is an offence under the Act.
What is the Moorabool Planning Scheme?
The Moorabool Planning Scheme contains all the zones, overlays and particular provisions for the Shire which guide when permits are required and what we are allowed to consider when assessing applications. The Scheme also identifies important qualities and issues in the Shire and how the planning system can address these.
The purpose of a planning scheme is to:
- Provide a clear and consistent framework within which decisions about the use and development of land can be made.
- To express state, regional and community expectations for areas and for land use.
- To provide for the implementation of state and local policies affecting land use and development.
You can view the Moorabool Planning Scheme here:
When do you need a Planning Permit?
The quickest and easiest way to work out whether you need a planning permit is to talk with a planner by dropping into our Darley office or calling the planning department on 03 5366 7100.
Many types of use and development require a planning permit, including (but not limited to):
- Building a house or a shed;
- Establishing a business (including working from home);
- Industrial or commercial development;
- Subdividing land;
- Building a dam or other excavations;
- Licensed premises;
- Advertising signage;
- Clearing or lopping of native vegetation;
- Keeping animals;
- Reduction in car parking requirements.
Whether or not you need a planning permit will depend on a few things. Most important are the zone and any overlays, but other 'particular provisions' in the Scheme can also require a planning permit. A permit may be required for one or many reasons and each reason must be satisfied.
- All land has a single zone (for example, General Residential Zone) and may also have a Schedule (for example, Schedule 1). This is normally abbreviated, such as GRZ1.
- Zones define what the purpose of the land is for and when a use needs a permit.
- 'Section 1' uses do not need a permit. 'Section 2' uses need a permit. 'Section 3' uses are prohibited.
- Land may have many overlays, or none at all.
- Overlays control built form and development and are used for particular purposes such as recognising the need for bushfire protection or preserving a town's character.
Use these tools to see for yourself the zone and overlays on your property:
Other Statutory Approvals
As well as requiring a planning permit from Council, you may also require approval for your proposal under other legislation. Examples include:
- Building Permit - Building permits are required for most works such as a new building, extensions, alterations or change of use of an existing building.
- Liquor Licence - Liquor Licenses are required for the sale and/or consumption of alcohol from the Victorian Commission for Gambling and Liquor Regulation.
- Septic Tank Permit - Permits must be obtained from Council's Environmental Health Department for septic tanks where reticulated sewerage is not available.
- Local Laws Permits - Current Local Laws can be viewed here(PDF, 7MB). If you need more information, please contact Council's Community Safety Department for more information.
- Crown Land - Approval is required from the State Government for use or development of Crown Land.
- Vehicle Crossing Permit - Approval is required to construct new crossovers access to a public road to both urban and rural roads.
These are just some examples of approvals which may be required and you are encouraged to discuss your proposal with the relevant Council department and/or external agency early in the process.
The Victorian Civil and Administrative Tribunal (VCAT) is an independent tribunal which hears and decides on applications by permit applicants, objectors and others in an informal and expeditious manner upon their merits. It permits a broad range of people whose interests are affected by a decision to participate in a hearing.
The Planning and Environment List hears and determines:
- Applications to review decisions made by Municipal Councils and other authorities under a number of Acts of Parliament;
- Applications for enforcement orders;
- Applications to cancel or amend permits;
- Applications for declarations relating to the use and/or development of land under the Planning and Environment Act 1987.
Once Council makes a decision on an application, a review by VCAT can be applied for by the permit applicant against conditions of a permit or a refusal to grant a permit, or by an objector against a Notice of Decision to grant a permit.
Please refer to the VCAT website for further information.
Address: 55 King Street, Melbourne Vic 3000
GPO Box 5408, Melbourne 3001
Frequently Asked Questions
What is the difference between a building permit and a planning permit?
A planning permit does not remove the need to obtain a building permit. Building permits relate specifically to the carrying out of building construction, where as planning permits are legal documents giving permission for a land use or development. Go to Council’s page to make a planning permit application.
How can I view a planning application or obtain a copy of a permit/plans?
At the Greenlight ‘search application’ page enter the application no. as a continuous seven digit number i.e. ‘YYYY###’ and hit the ‘search’ button. Only enter an address if you don’t have the PA number. Click on the PA number to view all public documents associated with the application.
Application Forms, Checklists and Templates
View Planning Applications
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