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
- VicSmart applications
- Do you need to change an existing planning permit?
- Planning Fees
- Other Statutory Approvals
- 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?
You can obtain a free report from DELWP (the Deaprtment of Environment, Land, Water and Planning) that gives you the zone and overlay controls affecting your property, as well as your relevant water and power authorities. These reports provide links to the relevant sections of the Moorabool Planning Scheme. Please be aware that other planning controls beyond zones and overlays may apply in particular circumstances. Please contact Council to enquire.
More information can be found in the Moorabool Planning Scheme.
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
To make an application for a planning permit:
- Fill out all fields of the application form and include all mandatory information (i.e. owners consent if applicable, certificate of title including any restrictive covenants or agreements, prescribed fee).
- Attach all the additional information that is required, including but not limited to: (i.e. ,, soil test report, red line area, etc.).
- Site plan, floor plan and elevations, and colour/material schedule.
- Relevant planning reports such as ResCode assessment, bushfire management statement, land capability assessment, native vegetation removal report, farm/land management plan.
- Once submitted, the Planning Department may require additional information as appropriate.
- 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 Library in Bacchus Marsh between 8.30am and 5.00pm Monday to Friday.
If you have already submitted an application for a planning permit and wish to modify your proposal in process before a decision is made, please complete and submit this form. Please note that a fee may be charged if the application has already been advertised.
Some applications may be eligible for VicSmart 'fast-track' assessment in ten business days and for a reduced fee provided they meet VicSmart provisions. View more information and find out if your application qualifies for a VicSmart application here.
If you need specialist help with your planning application the following links are provided:
- Licenced Surveyors (DOC, 33.45 KB)
- Geotechincal Consultants for Land Capability Assessments (DOC, 36.89 KB)
- Bushfire Consultants
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.
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.
Do you need to change an existing planning permit?
If you have been issued a planning permit, you may apply to modify what the permit allows, conditions on the permit, endorsed plans, or the expiry dates.
Amendment to an issued planning permit
- Change conditions.
- Change what the permit allows.
Please be advised that amending a planning permit does not extend the expiry dates and you may be required to apply for a separate extension of time.
Amendment by secondary consent
- Change endorsed plans.
- Changes where the conditions specifically allow for written consent.
Extension of time Planning Permit in accordance with Section 69 of the Planning and Environment Act 1987
- Extending the commencement or completion dates.
Statutory planning permit application fees are set by the State Government. The current 2019/20 fees can be found here (external link). Please note that these fees are adjusted each financial year.
Please contact Council for information regarding fees prior to lodging your application.
Non-Statutory Council Fees and Charges
There are seperate Council fees for specific planning applications and processes such as extensions of time, amendment by secondary consent, and advertising.
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 Environmental Health Department for septic tanks where reticulated sewerage is not available.
- Local Laws Permits - Current Local Laws can be viewed here. 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 (PDF, 113.4 KB) - Approval is required to contruct 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.
Victorian Civil and Administrative Tribunal (VCAT)
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