About the planning permit process
A planning permit in Victoria is a legal document issued by a local council or the minister for planning that gives you permission to use or develop land in a certain way.
What is a planning permit needed for?
The Hepburn Planning Scheme (the Scheme) sets out what use and development needs a planning permit for all land in the Hepburn shire.
Uses that might require a planning permit include group accommodation in a rural zone or running a business from home. Development that might require a planning permit includes constructing, extending or demolishing a building, putting up a sign or subdividing land.
Planning permit vrs building permit.
Please also note that planning permits are not the same as building permits.
A planning permit focusses on if you can use or develop the land based on zoning, neighbourhood character, and local impact. A building permit focuses on how a building is constructed, ensuring structural safety and compliance with building standards.
For development you will usually need both, and typically you need to get your planning permit approved before you can get a building permit.
Do I need a planning permit?
You can look up your property in VicPlan to see what zones and overlays apply to your property. From there you can check the Scheme to see what requirements your property might have for any use or works you are proposing.
The Scheme can be quite technical, and many people reach out to Council for assistance with interpretations. Planning consultants can be another good resource too.
If you do require a planning permit, it will be either a standard application or a VicSmart application. A standard application generally requires more consideration and usually involves giving public notice of the application.
VicSmart applications are designed for straightforward applications and are cheaper and quicker. Advertising is not required and if we get all the right information with the application, we can generally provide a decision within 10 business days. For complete guidance, check out VicSmart Permits Guide. You can also review local submission requirements via Hepburn Shire Council VicSmart Page.
Once issued, your planning permit lists specific rules, time limits, and endorsed plans that you must follow for your project to be legal.
Application lodged
Your application has been lodged. An invoice and/or request for further application information will be provided. Once received the application can be allocated to a planner.
Under assessment
Your application is being assessed to determine if any other information has been provided (including all reports and details on plans). At this stage we also send a copy of the application to the relevant authorities as needed (water authorities, the fire authority, heritage advisor etc.).
Awaiting further information
Once we have sent the applicant a request for further information, we wait for their response. The applicant is given a timeframe to send us the information. This can be extended if necessary.
Assessment of further information (if necessary)
The planner will assess the information provided from the applicant to make sure all the required information has been received and is satisfactory.
Application on advertising
If needed, the application will now be advertised. Generally, a sign will be displayed on the property, and letters will be sent to notify surrounding properties of the proposal. During advertising, application documents are available on this website for everyone to view and make submissions.
Final assessment
The planner will review submissions, review key issues, and determine whether to support or not support the application.
Decision preparation
The planner will write the report and submit it for approval.
Decision
The following decisions can be made on an application:
- Issue a planning permit - If the application is supported by Council and has no objections, a planning permit will be issued and land development or use can commence. All conditions on the planning permit must be met by the permit holder.
- Issue a notice of decision to grant a planning permit - If there are objections to the application, but Council is supportive, then Council can issue a Notice of Decision (NOD) to grant a permit. The NOD is not a planning permit. It is a legal notice that states Council supports the application, and this is sent to the applicant and objectors. Objectors can then appeal to the Victorian Civil Administrative Tribunal (VCAT) within 28 days of the notice. If they do, the application will go to VCAT for a decision. If no appeal is made, Council can issue the permit.
- Refuse to issue a planning permit - If Council considers that the land development or use proposed in the application is not acceptable, it will refuse to issue a planning permit. The reasons for the refusal are listed in the refusal notice sent to the applicant and any objectors.
VCAT appeal in progress (If applicable)
VCAT will consider all of application material and any further material presented at a hearing before making a decision. Once a decision is made, a copy of the VCAT order will be sent to all parties. VCAT's decision is final unless there is an appeal by a party to the supreme court on a point of law.
If an appeal has been lodged with VCAT, the following may occur:
- VCAT reject the appeal or strike it out.
- VCAT refuse the application, so no permit issued.
- VCAT approve the application and either issue a permit or order Council to issue a permit.
- VCAT approve the application but required amended plans before any plans are endorsed.
How to apply to VCAT?
Information on how to apply to VCAT for a review of Council’s decision is in your planning permit, notice of decision to grant a planning permit or refusal to grant a planning permit notice. There is an application fee for applying to VCAT for a planning permit application decision review. The fee must be submitted with your application. You can find out more information about how to apply to VCAT and how the review process works from the VCAT website.
Extend permit expiration date
If you need more time to start or finish works you can apply for an extension of time.
The application for an extension of time on a planning permit must be submitted:
- before the permit expires, or
- within six months after the permit expires, or
- within 12 months after the permit expires, if the development lawfully commenced within the permit timeframe.
To request an extension of time you must complete the online application form.