Overview
Find the answers to all your questions regarding planning permits.
Assessing the need for a planning permit
Do I need a planning permit?
Depending on the project you or your building contractor are working on, you may need a permit from Council. Permits are a legal requirement for works on private and public land and are designed to consider the way the land is used and developed
The Northern Grampians Planning Scheme consists of zones, overlays and other provisions which determine whether a permit is required. To check which zones and overlays affect your property, visit our Council mapping site
Generally, a permit is required for:
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subdivision of land
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development of land in rural areas
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New single dwelling, extension or alterations
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Additional structures to a single dwelling
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boundary fences
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More than one dwelling on a property
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changing the use of your land or buildings (e.g. shop to a medical centre or warehouse to a gym)
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Rooming house
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constructing outbuildings and sheds in rural areas
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commercial or industrial development
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applying for a liquor licence
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constructing or displaying signage
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waiver or reduction of car parking (associated with changing the use of the land or increasing the floor area of the building)
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drainage and easements (creation, variation or removal)
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Tree controls, removal of a tree, removal of vegetation, native and/or introduced
You should not assume that works, however small, do not require a permit.
What are the steps in the planning process?
Do I need a permit to remove a tree or vegetation on my property?
A planning permit is often required if you wish to remove or prune trees or other:
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Non-native species or vegetation if the property is within a Heritage Overlay or Environmental Significance Overlay; and
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If there are planning permit conditions or other restrictions or agreements apply to your property.
It is important you talk to a planner before you remove any vegetation.
Your application will have the best chance of being approved if:
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you demonstrate there is no other option but to remove the trees/vegetation.
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the overall impact of the vegetation removal on the surrounding landscape and ecology of the area is minimal.
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it is clear that tree and vegetation removal has been minimised, with good quality vegetation and significant, healthy trees being successfully retained.
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you are willing to work with us on developing a revegetation plan to provide replacement planting that achieves a long-term environmental gain (this can be done through our biodiversity offsets program).
Do I need a planning permit to obtain a liquor licence?
There are many types of liquor licences. Most require planning permission prior to obtaining a liquor licence from the Victorian Gambling and Casino Control Commission (VGCCC).
The type of licence required is determined by VGCCC, not by council or the applicant. Therefore, you should contact VGCCC to determine the appropriate type of licence before making an application for a planning permit.
A permit is also required for the following:
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a different licence, or category of licence from that which is in force
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if the hours of trading allowed under any licence are to be extended
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if the number of patrons allowed under any licence is to be increased
Do I need a planning permit to subdivide my land?
Yes, you need a planning permit to subdivide land. In most instances, you will be required to apply for a planning permit for a development (e.g., the construction of a second dwelling on a lot) before applying to subdivide the land.
This is done to ensure the new lots can be used for the purpose of the subdivision.
For more information click here.
Can I run a home-based business from my property?
You can run a business from your house/dwelling without a planning permit, as long as it meets the 'Home Occupation' requirements specified in the Northern Grampians Planning Scheme
A planning permit, for example, is not required for a 'Home Occupation' sign if the sign does not exceed 0.2 sqm in area and is not in an area included in the Heritage Overlay.
If the home occupation requirements cannot be met, the business will need to be operated from a suitable commercial area.
Do I need a planning permit to put up a fence?
When proposing to build a new fence, there are several factors to consider, such as whether a building and planning permit are required and discussing the proposed fence with any neighbours who share the same boundary.
Common reasons for needing a planning permit for a fence, include:
Please note: Regulations concerning the cost sharing of boundary fences is a civil matter and is outside Council’s jurisdiction.
Council offers a planning pre-application discussion service. This allows you to book a meeting with a council planner and gain valuable feedback prior to the application formally being lodged.
Please note that pre-application advice does not pre-empt the assessment or consideration of any planning application lodged with council. It is preliminary advice only, related to any plans presented at a pre-application meeting. Prospective applicants are urged to take advantage of this service.
For information on how to access this service, see the Planning Pre-Application Discussion Service section
Where can I obtain a copy of my land title?
Every application for a planning permit is required to be accompanied by the Certificate of Title.
A Certificate of Title must be provided for each parcel of land included in the application. Title information confirms the location and dimensions of the land specified in the planning application and any obligations affecting what can be done on, or with, the land.
As well as describing the land, a full copy of the title will include a diagram or plan of the land and will identify any encumbrances, caveats and notices. The title information accompanying your application must include a register search statement (if available) and the title diagram, which together make up the title. In addition, any relevant associated title documents, known as instruments’(such as Restrictive Covenants or Section 173 Agreements), must also be provided.
You can obtain a copy of title by:
- visiting the Land Data website at www.landata.vic.gov.au and following the general public access links for titles and property certificates. If your land is affected by instruments, you may also need to undertake an instrument search.
- employing the services of a professional title searcher, conveyancer or solicitor who can assist you with obtaining all the necessary documentation.
Zones and overlays show how your land can be used and developed.
Every property is zoned. A property only has one zone. A zone shows the preferred land uses in an area. The main types of zones are residential, business and industrial.
Some properties also have overlay controls. Overlay controls may protect heritage or show areas that need special care, like those prone to flooding.
Current zoning and overlay information can be obtained via the following link: Northern Grampians Pozi
The purpose of the Bushfire Management Overlay (BMO) is to:
- ensure that the development of land prioritises the protection of human life and strengthens community resilience to bushfire.
- ensure that the location, design and construction of development appropriately responds to the bushfire hazard.
- ensure development is only permitted where the risk to life, property and community infrastructure from bushfire can be reduced to an acceptable level.
- specify location, design and construction measures for a single dwelling that reduces the bushfire risk to life and property to an acceptable level.
The BMO requires a planning permit for certain developments and subdivision, bushfire hazards to be assessed and implementation of bushfire protection measures. See the Bushfire Management Overlay for types of development and subdivision that require a planning permit.
Further information regarding the BMO can be obtained by visiting the Department of Environment, Land, Water and Planning.
What do I need to provide with my planning application?
Particular documents are required with each type of planning application. Please see the links below, to the Department of Environment, Land, Water & Planning website for BMO document requirements.
Click on the type of development you are undertaking in the BMO:
You may need to engage a qualified professional to undertake some of this work.
Please visit Planning and Bushfire Management Overlay on the CFA website for Help and Advice, there is a link to a list of accredited Bushfire Planning and Design Practitioners (BPAD).
Each individual property has a set of planning controls which specify when a planning permit is needed. To find out what controls apply to your property, you can:
- obtain a free property report, or purchase a certificate of title or planning certificate at www.land.vic.gov.au
- visit the planning maps online section of the Department of Environment, Land, Water and Planning (DELWP) website www.planning.vic.gov.au.
Council requires all plans be drawn by an architect or draftsperson and be to a professional standard. Plans must include all the required information and be drawn to scale.
For further information about the requirements when preparing plans to be lodged, please see the planning application and process section of our website.
Whether or not a planning permit is required for the construction or extension of a dwelling or residential building, a lot must provide the minimum garden area at ground level as set out in the following table:
The garden area must be an uncovered outdoor area of a dwelling or residential building normally associated with a garden. It includes open entertaining areas, decks, lawns, garden beds, swimming pools, tennis courts and the like. It does not include a driveway, any area set aside for car parking, any building or roofed area and any area that has a dimension less than one metre.
A planning application for the development of a dwelling must demonstrate compliance with the garden area requirement, including a site plan showing:
- uncovered garden area with dimensions greater than 1 metre
- the garden area calculation as a percentage, in accordance with the above table
- other conditions may apply (confirm with council planner).
More information on the garden area requirement can be found at the following link: Minimum garden area requirement
The Aboriginal Heritage Amendment Act 2016 came into effect on 1 August 2016 and establishes new provisions and changes to the Aboriginal Heritage Act 2006.
For information, please refer to the Aboriginal Victoria website.
No. The planning permit application fee is a charge that must be paid to the responsible authority for consideration of a planning permit application. Payment of this fee does not guarantee you will be granted a planning permit.
Planning permit application fees are statutory fees made under the Planning and Environment (fees) regulations - these fees are not set by council. See the Planning services fees and charges for more information.
Once you have lodged your application with council, the application will move through the statutory planning process. Please see the planning application and process section of our website for further information.
The Planning and Environment Act 1987 specifies a prescribed time of 60 days to determine an application, after which the applicant can refer the matter to the Victorian Civil and Administrative Tribunal (VCAT) for determination. Visit the VCAT website for more information www.vcat.vic.gov.au.
Many simpler planning permit applications are assessed in less than 60 days, particularly those that are exempt from the notice and appeal requirements of the Planning and Environment Act 1987.
The timeframe to determination of a planning application is dependent on a number of factors, including whether a complete application is lodged (ie. does not require further information to be provided), the need to refer the application to relevant authorities, whether public notice is required, and if so, the number of objections received.
Council will arrange a planning consultation meeting if objections have been lodged against a planning permit application.
If you are the permit applicant, it is beneficial to attend because you can explain your application clearly to objectors and clarify any issues that are raised.
If you are an objector, it is beneficial to attend because you can discuss your concerns directly with the permit applicant.
I have received a notice of decision. Is this a planning permit?
No. A notice of decision indicates that council is proposing to grant a permit. A notice of decision means that there is a period of 28 days in which an objector can appeal council's decision to the Victorian Civil and Administrative Tribunal (VCAT). If no appeal is lodged, a planning permit will then be issued.
An applicant has 60 days to apply to review any of the conditions included in the proposed planning permit. The applicant must notify council and all objectors if they apply to VCAT to review any of the conditions of the planning permit.
If an objector applies to VCAT for a review any of the conditions of the planning permit, they must advise council and the applicant.
Visit the VCAT website for more information www.vcat.vic.gov.au.
You can appeal council's planning permit decision by contacting the Victorian Civil and Administrative Tribunal (VCAT). An application for appeal must be made within the prescribed time period.
For further information regarding the lodgement of an appeal, visit the VCAT website www.vcat.vic.gov.au
No, council cannot issue a permit until the appeal time period has expired.
For further information regarding appeals, visit the VCAT website www.vcat.vic.gov.au.
A planning permit may contain use and/or development conditions upon which the approval is based.
Amended plans, if required, are generally requested as the first condition on the planning permit. However, you should check the wording of all other conditions of the planning permit, as other information or actions may be required.
Amended plans and/or documents which meet the requirements of these conditions must be submitted in order to obtain endorsed or approved plans. Building works and/or use must not commence until a set of plans have been endorsed.
For more information contact council's planning services unit on 03 5358 8700.
A planning permit will generally have an expiry condition noted on it. The duration of time is calculated from the issue date of the planning permit, not the date of any amendment granted or the date of endorsement of plans (unless an extension of time has been obtained).
If there is no condition on the planning permit, the Planning and Environment Act 1987 specifies that a planning permit expires within two years of the issue date of the planning permit.
Planning permits generally consist of two documents; the planning permit and the endorsed plans. You can propose changes to the planning permit, the endorsed plans, or both.
An application to amend a planning permit or endorsed plans must be made in writing – see the planning application section or contact council's planning services unit on 03 5358 8700.
In some instances (typically as part of a planning permit application), the responsible authority may require an agreement with an owner of land to set out particular conditions or restrictions on the way land is used or developed, or to achieve other planning objectives in relation to the land.
These agreements are commonly known as Section 173 Agreements. The power to enter into the agreement arises under section 173 of the Planning and Environment Act 1987 (the Act).
Like other agreements, a Section 173 Agreement is a legal contract. However, the benefit of a Section 173 Agreement is that it can be registered over the title to the land. This means the owner’s obligations under the agreement bind future owners and occupiers of the land. A Section 173 Agreement can also be enforced in the same way as a permit condition or planning scheme.
The purpose of an agreement is to make it easier to achieve planning objectives for an area or a particular parcel of land than is possible when relying on other statutory mechanisms.
Upon your request, council will prepare the Section 173 Agreement and forward you a copy for review. Please note there will be a fee associated for this service.
For more information contact council's planning services unit on 03 5358 8700.