This section covers information about applying for a permit, amending a permit, extensions of time, secondary consent, conditions on permits, section 173 agreements, VCAT, VicSmart applications and subdivisions.
Click on the links to skip to a section.
- What is a Planning Permit?
- Do I need a Planning Permit?
- How do I find out what planning controls affect my property?
- Applying for a Planning Permit
- Amendments to a Planning Permit
- Extending the time of a Planning Permit
- VICSMART Applications
- Victorian Civil and Administrative Tribunal - VCAT
What is a Planning Permit?
A planning permit is a legal document (including endorsed plans) that gives permission for a use and/or development, including subdivision, on a particular piece of land. Planning Permit applications are assessed under the provisions of the Moorabool planning Scheme.
The objectives of land use planning in Victoria as set out in the Planning and Environment Act 1987 are achieved through the implementation of planning schemes. A planning scheme sets out requirements and policies for the use, development, protection or conservation of land. It is a legal document, binding on all parties and enforceable by law. Each municipality in Victoria is covered by a planning scheme which has been approved by the Minister for Planning.
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
All planning schemes include maps (which show the zoning and any overlays affecting the land) and an ordinance (which includes provisions and definitions relating to use and development, as well as policies to guide discretionary decision-making).
Do I need a Planning Permit?
Whether you need a planning permit or not will depend on a number of factors including:
- The zone in which your land is located
- The schedule to the zone as applicable
- Whether any overlays apply to your land or if the development or use is subject to any 'Particular Provisions' in the Planning Scheme.
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
- Licenced premises
- Advertising signage
- Clearing or lopping of native vegetation
- Keeping animals
- Reduction in car parking requirements
How do I find out what planning controls affect my property?
- Information can be found in the Moorabool Planning Scheme.
- Alternatively, you can obtain a free report from Land Victoria that gives you the zone and overlay controls affecting your property. These reports are linked to the Moorabool Planning Scheme providing direct access to the zones and overlays that apply to your land.
For other information contact the Planning Department.
Alternatively you can apply for Information on Planning Controls (DOC, 45.5KB) which provides written advice on whether you require a Planning Permit for your proposal.
Applying for a Planning Permit
- Fill out all fields of the application form and include all mandatory information (i.e. owners consent, certificate of title, prescribed fee, plan to be endorsed, etc.).
- Attached all the additional information that is required (i.e. site plan, floor plan and elevations, planning report, soil test report, red line area, etc.).
- Use the relevant checklists as a guide.
- Get help from a Planning Officer if required. Contact us.
- Duty planner available at Darley office between 8:30am and 5:00pm Monday to Friday.
- Duty planner available for phone contact from the Ballan office between 8:30am and 5:00pm Monday to Friday.
- Duty planner available for phone contact from the Lerderderg Libraryin Bacchus Marsh between 8:30am and 5:00pm Monday to Friday.
Council’s Planning Officers provide general advice to the public, interest groups, business, visitors, government authorities, etc.
If you need specialist help with your planning application the following links are provided:
- Planning Consultants
- Licensed Surveyors (DOC, 33.45 KB)
- Geotechincal Consultants for soil testing and Land Capability Assessments (DOC, 36.89 KB)
- Bushfire Consultants (DOC, 61.5 KB)
What are the fees?
Statutory planning permit fees are set by the State Government.
What happens next?
Incomplete applications may be returned to you with a list of things you need to provide Council before your application is accepted. Once accepted, your application may require public notice (advertising) and referral to external body such as a water authority, fire authority or roads authority. Learn more about the application process.
The prescribed time for deciding a planning application is 60 days. Some applications may be quicker, however more complex applications can take longer.
When you receive your permit ensure you read all conditions in the permit carefully as all conditions must be adhered to. Take particular note of condition 1 of the permit which may contain things you must provide to Council before your use or development can commence.
Learn more about the permit decision process.
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 (PDF, 212.73 KB) - Permits must be obtained from Council's Environkmental Health Department for septic tanks where sewerage is not available.
- Footpath Trading Permits - Approval is required from Council's Compliance Unit for dining or the display of materials on the footpath. - Contact us for a copy of the Footpath Trading Permit.
- Crown Land - Approval is required from the State Government for use or development of Crown Land.
- Road Opening Permit (PDF, 113.4 KB)- approval is required to contruct a new crossovers access to a public road.
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.
Amendments to a Planning Permit
Extending the time of a Planning Permit
Extension of Time Application Form (PDF, 414.38 KB)
Find out if your application qualifies for a VicSmart ten business day decision.
Victorian Civil and Administrative Tribunal - VCAT
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 guide Taking it to VCAT - A guide to Planning and Environment disputes at VCAT or for further information, contact VCAT:
Office Hours: 9.00am to 4.30pm
Phone: 1300 01 8228
Fax: (03) 9628 9789
Address: 55 King Street, Melbourne Vic 3000
GPO Box 5408, Melbourne 3001
DX 210576 Melbourne
For more information about the planning process and making applications, contact us.