Planning FAQs

Answers to the 100 most common Victorian town planning questions. For advice specific to your property, order a Detailed Planning Assessment.

Planning Permits & Process

How permits work, application process, timeframes, costs, and your rights.

Do I need a planning permit?
Whether you need a planning permit depends on your property's zone, any overlays that apply, and the type of development or use you are proposing. Some activities are permitted as of right under the planning scheme, while others require a permit. Check your property's planning controls on VicPlan or contact your local council's planning department. For a comprehensive assessment of all controls affecting your property, consider ordering a Detailed Planning Assessment.
What is the difference between a planning permit and a building permit?
A planning permit is approval from your local council under the planning scheme — it governs what you can build, where on the site, and how it's used. A building permit is approval from a registered building surveyor confirming the construction meets the Building Code of Australia. You typically need the planning permit first, then the building permit before construction can start.
How do I find out what zone my land is in?
You can check your property's zone on VicPlan (planning.vic.gov.au), the Victorian Government's free online planning tool. Enter your address and it will show the zone, any overlays, and other planning controls. Our free Planning Zones Guide also explains what each zone means for development.
What is a planning overlay?
A planning overlay is an additional layer of planning controls that applies on top of the zone. Overlays address specific issues like heritage (Heritage Overlay), design requirements (Design and Development Overlay), flooding (Special Building Overlay), bushfire risk (Bushfire Management Overlay), or environmental significance. Each overlay may trigger additional permit requirements or design conditions.
How do I apply for a planning permit?
You apply for a planning permit through your local council. Most councils accept online applications. You'll need to submit plans, a written description of the proposal, the application fee, and any supporting reports (arborist, traffic, etc.) required by the planning scheme. Many applicants engage a town planning consultant to prepare and manage the application.
Where can I find my Certificate of Title?
You can obtain a copy of your Certificate of Title from Land Use Victoria (the Victorian land titles office) or through an online title search provider such as landtitles.com.au. The title shows ownership details, lot size, and any registered restrictions like easements, covenants, or Section 173 agreements that may affect development.
How long does a planning permit take to process?
Standard planning permit applications have a statutory timeframe of 60 days from when the council receives all required information. In practice, most applications take 3-6 months due to requests for further information, advertising periods, and council workload. VicSmart applications are decided within 10 business days. Complex applications or those that go to VCAT can take 12 months or more.
What is a VicSmart application?
VicSmart is a streamlined permit process for straightforward applications. VicSmart applications are decided within 10 business days, don't require public notice, and can't be appealed to VCAT. Examples include simple fences, minor buildings, vegetation removal of a single tree, and some subdivision applications. Your council can confirm if your proposal qualifies for VicSmart.
What happens if I build without a permit?
Building without a required planning permit is a breach of the Planning and Environment Act 1987. Your council can issue an enforcement order requiring you to stop work, remove the building, or apply for a retrospective permit. Penalties can include fines. Retrospective permits are not guaranteed — the council may refuse and require removal of the works.
How much does a planning permit cost?
Planning permit fees are set by the Victorian Government and vary by the type and cost of development. As a guide, a standard residential application for development under $100,000 costs approximately $1,318 (2024/25). Fees increase for higher-value developments. Additional costs may include consultant reports (arborist, traffic, acoustic), which can add $1,000-5,000+ to total costs.
How do I check the status of my planning application?
Contact your local council's planning department by phone or email with your application reference number. Many councils also offer online tracking through their website where you can check the status, view any conditions, and see upcoming decision dates.
Who is my local council?
You can find your local council by entering your address on the Know Your Council website (knowyourcouncil.vic.gov.au) or by checking VicPlan. Victoria has 79 local councils (municipalities) that are responsible for administering planning permits within their area.
What is a Section 173 agreement?
A Section 173 agreement (under the Planning and Environment Act 1987) is a legally binding agreement between a landowner and the council. It is registered on the Certificate of Title and binds future owners. Councils use Section 173 agreements to secure conditions such as restricting future subdivision, requiring maintenance of landscaping, or ensuring affordable housing obligations are met.
Can I amend an approved planning permit?
Yes. You can apply to amend an approved planning permit under Section 72 of the Planning and Environment Act 1987. The amendment application is assessed by council and may require re-notification to neighbours depending on the nature of the changes. Minor amendments are generally straightforward; significant changes may require a new application.
What is 'owner's consent' for an application?
If you are not the registered owner of the property (for example, you are a tenant or prospective purchaser), you need the written consent of every registered owner before lodging a planning permit application. Owner's consent confirms the owner is aware of and agrees to the application being made.
How long does a permit stay valid?
A standard planning permit requires development to commence within two years and be completed within four years from the date of issue. These timeframes can be varied by conditions on the permit. You can apply for an extension of time before the permit expires, and council will consider the request having regard to any changes in planning policy.
What is a planning scheme amendment?
A planning scheme amendment is a formal change to the local planning scheme — for example, rezoning land, introducing a new overlay, or changing development controls. Amendments are prepared by council or the Minister for Planning and go through a public exhibition and panel hearing process. They are different from individual planning permit applications.
What is the role of VCAT in planning?
VCAT (Victorian Civil and Administrative Tribunal) is the independent body that reviews planning decisions. If your planning permit application is refused by council, or if conditions are unreasonable, you can appeal to VCAT for a fresh hearing. Similarly, objectors to an approved application can appeal. VCAT hears the matter afresh and makes its own decision, which replaces the council's decision.
How do I object to a neighbour's planning application?
If you receive a notice about a planning application, you can lodge an objection with the council within the timeframe stated on the notice (usually 14 days). Your objection must be based on planning grounds such as overshadowing, overlooking, traffic, or neighbourhood character — not personal matters like property values or commercial competition.
What is a 'notice of decision' (NOD)?
A Notice of Decision (NOD) means the council has decided to grant the permit but has not yet issued it. The NOD is sent to the applicant and any objectors, giving objectors a 21-day window to lodge an appeal at VCAT. If no appeal is lodged within the 21 days, the permit is issued. If an appeal is lodged, the permit is not issued until VCAT determines the matter.

Residential Development & Subdivision

Second dwellings, granny flats, subdivision, ResCode, setbacks, and lot sizes.

Can I build a second house on my property?
In most residential zones, building a second dwelling requires a planning permit. The feasibility depends on your zone, lot size, overlays, and any title restrictions. Your proposal will be assessed against Clause 55 (ResCode) standards covering setbacks, overshadowing, overlooking, private open space, and car parking. A Detailed Planning Assessment will tell you exactly what controls apply before you engage an architect.
What are the rules for a 'granny flat' (small second dwelling)?
The term 'granny flat' has two planning meanings in Victoria. A 'dependent person's unit' is a small movable building that doesn't require a planning permit, but the occupant must be dependent on someone in the main dwelling. A self-contained second dwelling with its own kitchen, bathroom, and sleeping area requires a planning permit and must comply with ResCode standards regardless of size.
How do I subdivide my property?
Subdivision requires a planning permit from your council. You'll need a licensed surveyor to prepare a plan of subdivision and typically need to demonstrate that both resulting lots can support compliant development. Council will assess the proposal against the zone schedule's minimum lot size, any overlay requirements, and Clause 56 (subdivision standards). Once the permit is granted, the plan must be certified and registered with Land Use Victoria.
What is the minimum lot size for subdivision?
Minimum lot sizes vary by zone and schedule. For example, some GRZ schedules have no minimum, while NRZ schedules may specify 500-800 sqm minimums. Some schedules in rural zones require 40 hectares or more. Check the specific schedule that applies to your property — our Detailed Planning Assessment identifies the exact minimum for your site.
What is a dual occupancy development?
A dual occupancy is a development of two dwellings on a single lot. It requires a planning permit in most residential zones and is assessed against Clause 55 (ResCode). Dual occupancy can take many forms: side-by-side, front-and-rear, or attached units. The development can then be subdivided into separate titles if the zone schedule permits it.
What is the 10/30 bushfire rule?
The 10/30 right under the CFA Act allows property owners in designated bushfire-prone areas to clear vegetation within 10 metres of a dwelling (including trees) and reduce vegetation to below 2 metres for 30 metres from a dwelling, without a planning permit. This does not override other legislation, and native vegetation provisions may still apply in certain circumstances.
Can I build a front and back unit?
Yes, a front and rear unit configuration is common for dual occupancy developments in Victoria. The rear dwelling typically requires a driveway of at least 3 metres width, dedicated car parking, private open space, and must meet all ResCode (Clause 55) standards for setbacks, overlooking, and overshadowing. The feasibility depends on your lot width, depth, and any overlay controls.
What are the ResCode requirements for residential development?
ResCode is the set of standards in the Victorian Planning Scheme (Clauses 54 and 55) that govern residential development. Key standards include minimum street setbacks, side and rear setbacks, site coverage (usually 60% maximum), permeability (usually 20% minimum), private open space, car parking, overlooking, and overshadowing. Each standard has an objective and a measurable requirement.
How far from the boundary do I need to build?
Required setbacks depend on the zone, building height, and wall length. Under ResCode (Clause 55), a ground-floor wall up to 3.6 metres high generally requires a 1-metre side setback. Taller walls require progressively larger setbacks. Front setbacks are determined by the prevailing neighbourhood pattern. Rear setbacks depend on lot depth and secluded private open space requirements.
Can I build on a lot under 300 sqm?
Yes, but small lots face tighter requirements. Clause 54 applies to single dwellings on lots under 300 sqm (or 500 sqm in some zones). Building on a very small lot requires careful design to meet site coverage, permeability, setback, and private open space standards. Some zone schedules also specify minimum lot sizes that may prevent subdivision to lots this small.
What is an easement and how does it affect building?
An easement is a registered right for a third party (such as a water authority or council) to access or use part of your land, typically for drainage, sewerage, or services. You generally cannot build over an easement without the consent of the authority that benefits from it. Easements are shown on your Certificate of Title and plan of subdivision.
What is a 'battleaxe' block subdivision?
A battleaxe subdivision creates a rear lot accessed via a narrow driveway strip (the 'handle'). The handle is typically 3-4 metres wide and leads to the main lot area (the 'head'). This is common in suburban Melbourne where rear yards are large enough to support a second dwelling. The driveway strip must meet council standards for width, surfacing, and turning.
What is a 'small second home' (under 60 sqm) policy?
The Victorian Government has introduced reforms to make it easier to build a small second dwelling (under 60 sqm) on residential lots. In some zones, these smaller dwellings have relaxed permit requirements or streamlined assessment pathways. Check with your council or the DELWP website for the latest policy settings, as these reforms are still being implemented across councils.
Can I convert a garage into a habitable room?
Converting a garage to a habitable room may require both a planning permit and a building permit. The planning permit is needed if the conversion changes car parking provision or creates an additional dwelling. The building permit is needed to ensure the room meets building regulations for habitable rooms (insulation, natural light, ventilation, ceiling height).
What are the rules for building a carport or garage?
A carport or garage associated with a single dwelling generally doesn't need a planning permit unless it's in front of the dwelling line, exceeds height limits, or an overlay applies. It will still need a building permit. If the structure is within a Heritage Overlay or Design and Development Overlay area, a planning permit is likely required.
What is a 'Development Plan Overlay' (DPO)?
A Development Plan Overlay (DPO) requires a development plan to be prepared and approved before planning permits can be granted. DPOs are commonly applied to larger development sites, growth areas, or areas where coordinated development is needed. The development plan sets out the layout, density, and staging of development for the site.
How many dwellings can I fit on my lot?
The number of dwellings depends on your zone, lot size, overlay controls, and ability to meet ResCode standards. There is no simple formula — each site requires individual assessment considering setbacks, car parking, private open space, overshadowing, and overlooking requirements. A Detailed Planning Assessment will identify the key constraints that determine your site's development potential.
What is the 'setback' requirement for a house?
Setback is the minimum distance a building must be from a property boundary. Street setbacks are set by the prevailing pattern in the neighbourhood (Standard B6 of ResCode). Side setbacks depend on wall height — typically 1 metre for walls up to 3.6 metres. Rear setbacks depend on lot depth. Different zones and overlays can modify these requirements.
Can I build a granny flat on a subdivided block?
A self-contained dwelling on a subdivided block is assessed as a standard dwelling, not a granny flat. It requires a planning permit in most zones and must comply with all ResCode standards. If the lot has already been subdivided, the dwelling is assessed under Clause 54 (one dwelling on a lot) rather than Clause 55 (two or more dwellings).
How do I apply for a Certificate of Compliance?
A Certificate of Compliance (under Section 97N of the Planning and Environment Act) confirms that a use or development complies with the planning scheme. You apply through your council with plans and evidence that the use/development meets all applicable requirements. This is sometimes needed when selling a property to demonstrate lawful use.

Vegetation, Trees & Environment

Tree removal permits, native vegetation, arborist reports, and environmental overlays.

Do I need a permit to remove a tree?
Many councils require a planning permit to remove, destroy, or lop trees above a certain size — commonly trees with a trunk circumference over 0.5 metres at 1 metre above ground. Additional permit triggers apply if your property is affected by a Vegetation Protection Overlay (VPO), Environmental Significance Overlay (ESO), or Heritage Overlay (HO). Check your local council's specific tree controls.
What is a native vegetation removal permit?
Under Clause 52.17 of the Victorian Planning Scheme, removal of native vegetation requires a planning permit unless an exemption applies. Applications must include an assessment of the biodiversity impact and demonstrate that the removal has been avoided and minimised. Offset requirements (replanting or payment) apply to approved removals.
What is the new 15 September 2025 canopy tree rule?
From 15 September 2025, new canopy tree planting provisions take effect across Victoria. These require new residential developments to plant and maintain canopy trees to help address urban heat island effects and maintain neighbourhood character. The requirements specify minimum tree sizes, planting locations, and protection during construction.
How do I identify a 'canopy tree'?
A canopy tree is generally defined as a tree that will reach a mature height of at least 8 metres with a spreading canopy. The specific definition may vary depending on the planning control that applies. Your council or an arborist can help identify whether a tree qualifies as a canopy tree under the relevant provisions.
Can I remove a tree if it is damaging my pipes?
Damage to infrastructure may support a permit application, but it does not automatically exempt you from needing a permit. You will generally need an arborist report and potentially a plumber's report documenting the damage. Some councils have specific exemptions for emergency situations, but you should check with your council before removing the tree.
What is a Tree Protection Zone (TPZ)?
A Tree Protection Zone (TPZ) is the area around a tree's trunk calculated from its trunk diameter, within which construction activities, soil disturbance, and material storage should be avoided to protect the tree's root system and health. TPZ calculations follow the Australian Standard AS 4970-2009 Protection of Trees on Development Sites. An arborist determines the TPZ for each significant tree.
How do I prune a tree on a boundary?
Under Victorian law, you can prune branches and roots that overhang or encroach from a neighbour's property back to the boundary line, provided you don't harm the overall health of the tree. However, if the tree is protected under local planning controls, you may still need a permit to prune it. For significant pruning, consult an arborist and check with your council.
Can I remove a tree for bushfire safety?
Yes. The 10/30 right under the CFA Act allows vegetation clearing within 10 metres of a dwelling and reduction to below 2 metres within 30 metres, without a planning permit, in designated bushfire-prone areas. Additionally, a Bushfire Management Plan approved under the Bushfire Management Overlay may require or allow vegetation removal beyond these distances.
What is a Biodiversity overlay?
Victoria doesn't have a single 'Biodiversity Overlay' but uses several overlays to protect biodiversity values, including the Environmental Significance Overlay (ESO), Vegetation Protection Overlay (VPO), and Significant Landscape Overlay (SLO). Each has specific permit triggers related to vegetation removal, buildings, and works within areas of ecological significance.
What is a Vegetation Protection Overlay (VPO)?
A Vegetation Protection Overlay (VPO) protects areas of significant vegetation. A permit is generally required to remove, destroy, or lop vegetation within a VPO area. The VPO schedule specifies which vegetation is protected and the permit requirements. Some exemptions exist for emergency works, routine garden maintenance, and vegetation within a specified distance of a dwelling.
What is an arborist report?
An arborist report is a professional assessment prepared by a qualified arborist (tree specialist). It typically includes tree species identification, health and condition assessment, Tree Protection Zones, the impact of proposed works on trees, and recommendations for retention, removal, or protection. Councils commonly require arborist reports as part of planning permit applications that affect significant trees.
Do I need a permit to remove shrubs?
Generally, shrubs are not subject to the same planning controls as trees, but there are exceptions. If the shrubs are native vegetation, Clause 52.17 may require a permit. If your property is within a VPO, ESO, or Heritage Overlay, controls may apply to all vegetation including shrubs. Check your property's overlays and your council's local policy.
What is a 'Significant Landscape Overlay' (SLO)?
A Significant Landscape Overlay (SLO) identifies and protects areas of significant landscape character. Permits may be required for buildings, works, and vegetation removal within SLO areas. The SLO schedule specifies landscape character objectives and the types of changes that trigger a permit. This overlay is common in leafy suburbs and areas with strong vegetation character.
Can I replant trees elsewhere instead of keeping them?
Offset planting or payment into a native vegetation offset fund is required when native vegetation removal is approved under Clause 52.17. For non-native trees, some councils accept replacement planting as a condition of permit approval. However, offsets are a last resort — the planning scheme requires you to first avoid, then minimise, vegetation removal before offsets are considered.
Is the tree on my property a 'native' species?
Native species are those indigenous to Australia. A qualified arborist or ecologist can identify whether your tree is native. Common Victorian native trees include eucalypts, acacias, banksias, and melaleucas. The classification matters because native vegetation removal has specific permit requirements under Clause 52.17 of the planning scheme.
Can I cut branches overhanging from a neighbour's tree?
You have a common law right to trim branches and roots that encroach onto your property, back to the boundary line. However, you must not damage the tree's health, and you should return the pruned material to your neighbour. If the tree is subject to planning controls (e.g., Heritage Overlay, VPO), you may need a planning permit even for pruning.
What is a 'Site Environment Management Plan'?
A Site Environment Management Plan (SEMP) outlines how environmental impacts will be managed during construction. It typically covers tree protection, erosion and sediment control, contaminated soil management, and stormwater management. Councils may require a SEMP as a condition of a planning or building permit, particularly for sites near waterways, native vegetation, or sensitive environments.
What is a 'Land Subject to Inundation' overlay?
The Land Subject to Inundation Overlay (LSIO) identifies areas prone to flooding. A planning permit is generally required for buildings and works within the LSIO area, and applications are referred to the relevant floodplain management authority (usually Melbourne Water or a catchment management authority). Finished floor levels are typically required to be above the designated flood level.
Do I need to protect trees during construction?
Yes. If your planning permit requires tree retention, you must implement tree protection measures during construction. This typically includes installing protective fencing around Tree Protection Zones, avoiding soil compaction, not storing materials within the TPZ, and managing drainage to prevent root damage. Non-compliance can result in enforcement action.
What are the penalties for removing trees illegally?
Illegally removing protected trees can result in significant fines under the Planning and Environment Act 1987. Councils can issue infringement notices and enforcement orders. Penalties can be substantial and courts may also require replacement planting. Some councils actively investigate and prosecute illegal tree removal.

Fences, Sheds & Minor Structures

Fence heights, sheds, pergolas, decks, retaining walls, and minor building works.

What is the maximum height for a fence?
In most residential zones, a fence behind the front building line can be up to 2 metres high without a planning permit. Front fences are typically limited to 1.2-1.5 metres in height, depending on the zone and council policy. Fences on corner lots may have additional height restrictions for traffic sightlines. Heritage Overlay areas often have specific fence requirements.
Do I need a permit for a front fence?
In many residential zones, front fences over a certain height (typically 1.2-1.5 metres) require a planning permit. The specific trigger depends on your zone and any overlays. In Heritage Overlay areas, a permit is usually required for any new front fence regardless of height. Front fence height and design are assessed against neighbourhood character and streetscape objectives.
Can I build a shed on my property without a permit?
Small sheds associated with a dwelling generally don't need a planning permit if they comply with the zone's building and works exemptions — typically single-storey, behind the front building line, and within certain size limits. However, they may still need a building permit depending on size and construction. Sheds in overlay areas (Heritage, DDO) may need a planning permit regardless of size.
How big can a shed be before a permit is required?
The planning permit exemption for outbuildings varies by zone but commonly allows structures up to 10 sqm in floor area and 3 metres in height. Larger outbuildings may be exempt if they meet specific criteria. A building permit is generally required for sheds over 10 sqm. Always check both planning and building permit requirements with your council.
What are the rules for a fence over 2 metres?
A fence over 2 metres high generally requires a planning permit in residential zones. In some cases, it may also require a building permit. The application will be assessed against neighbourhood character, amenity impact on adjoining properties, and any relevant overlay requirements. Retaining walls combined with fencing may be assessed together for overall height.
Do I need a permit for a pergola?
A pergola associated with a dwelling generally doesn't need a planning permit if it's behind the front building line, open-sided, and complies with zone exemptions. However, if the pergola is in a Heritage Overlay area or has a solid roof (making it a verandah or covered structure), a planning permit may be required. A building permit may be needed regardless.
Can I build a deck without a permit?
Low decks (generally under 800mm above ground level) associated with a dwelling typically don't need a planning permit, provided they are behind the front building line and comply with zone exemptions. Higher decks may trigger planning permit requirements due to overlooking and visual bulk impacts. A building permit may be required depending on height and size.
What are the rules for shipping container storage?
Placing a shipping container on your property may require a planning permit depending on your zone and the purpose. In residential zones, a shipping container visible from the street is likely to require a permit and may not be supported. Some industrial and rural zones are more permissive. Check with your council's planning department for specific guidance.
Do I need a permit for a rainwater tank?
Rainwater tanks associated with a dwelling are generally exempt from planning permit requirements if they are behind the front building line and below a certain height (typically 4 metres). Tanks in Heritage Overlay areas or visible from the street may require a permit. A building permit is usually not required for standard domestic rainwater tanks.
Can I build a fence on a boundary line?
Fences are typically built on or very close to the boundary line and are a shared responsibility under the Fences Act 1968 (Vic). You should discuss the fence with your neighbour before building. Planning permit requirements depend on the fence height, location (front vs side/rear), zone, and any overlays. Disputes about fencing can be resolved through VCAT.
What is a 'Boundary Canopy Tree' rule for fences?
Recent planning changes have introduced canopy tree requirements that interact with fence construction. Where a canopy tree is required near a boundary, fence design may need to accommodate the tree's growth. The specific requirements depend on the applicable planning controls and any conditions on a planning permit.
Can I build a tennis court?
A tennis court may require a planning permit depending on the zone, lot size, and any overlays. In residential zones, courts are generally permitted but may trigger permit requirements due to associated fencing height, lighting, and vegetation removal. Courts in Heritage Overlay or Significant Landscape Overlay areas will likely require a permit.
What is a 'front fence policy' in my council?
Many councils have local policies that guide front fence design in their planning schemes. These policies address fence height, transparency, materials, and character to ensure fences are consistent with the streetscape. Check your council's local planning policy framework or contact their planning department for guidance on front fence expectations in your area.
Do I need a permit for a retaining wall?
Retaining walls over a certain height (typically 1 metre) may require a building permit. A planning permit may be required if the retaining wall significantly changes ground levels, is in a Heritage Overlay area, or when combined with a fence exceeds the permitted height. Retaining walls near boundaries should be carefully considered for drainage and structural impacts.
Can I install solar panels without a permit?
Solar panels on the roof of an existing dwelling generally do not require a planning permit. However, if the property is in a Heritage Overlay area, a planning permit may be required as the panels change the building's external appearance. Ground-mounted solar arrays may also have different requirements. A building permit is typically not required for standard rooftop installations.
What are the rules for satellite dishes?
A satellite dish associated with a dwelling generally doesn't need a planning permit if it's not visible from the street and is within certain size limits. In Heritage Overlay areas, a planning permit is likely required. Larger commercial dishes may have specific requirements depending on the zone.
Can I build a cubby house?
A small cubby house associated with a dwelling is generally exempt from planning and building permit requirements if it is single-storey, behind the front building line, and within size limits (typically under 10 sqm). Larger or elevated cubby houses may trigger permit requirements, particularly for overlooking impacts.
What are the height restrictions for sheds near boundaries?
Outbuildings near side and rear boundaries are typically limited to 3 metres in height at the boundary, measured from the natural ground level. Height limits may vary depending on the zone schedule and any applicable overlay. Buildings over 3 metres at the boundary generally require a planning permit and will be assessed for amenity impacts on neighbours.
Can I put a fence in front of a tree?
You can build a fence near a tree, but if the tree is protected by planning controls (VPO, Heritage Overlay, or local tree protection provisions), the fence construction must not damage the tree's root system within the Tree Protection Zone. Your council may require an arborist assessment before approving fence construction near a significant tree.
Do I need a permit for a pool fence?
Pool fencing is a building regulation requirement under the Building Regulations 2018 — all swimming pools and spas must have a compliant safety barrier. This is separate from planning requirements. The pool fence itself generally doesn't need a planning permit, but the swimming pool may require a building permit and possibly a planning permit depending on the zone and overlays.

Business, Commercial & Use Changes

Home businesses, change of use, commercial zones, signage, and liquor licensing.

Can I run a business from home?
A home-based business (called a 'home occupation' in the planning scheme) is generally allowed without a planning permit if it doesn't change the residential character of the property, employs only residents of the dwelling, doesn't generate excessive traffic or noise, and uses less than a specified floor area. Different zones have different rules — check your zone schedule.
Do I need a permit for a home-based business?
If your home business complies with the 'home occupation' definition in your zone (no employees other than residents, limited floor area, no impact on neighbourhood amenity), a planning permit is usually not required. If the business grows beyond these limits — such as employing external staff, receiving regular customers, or generating deliveries — a planning permit for 'home-based business' may be needed.
Can I change a house into an office?
Changing the use of a dwelling to an office is a 'change of use' that usually requires a planning permit. The permit requirement depends on the zone — in some commercial zones, an office may be as-of-right, while in a residential zone, an office is likely to need a permit. The application will consider traffic, car parking, signage, and the impact on the residential character of the area.
Do I need a permit to sell alcohol?
Yes, serving or selling alcohol requires both a liquor licence from the Victorian Commission for Gambling and Liquor Regulation (VCGLR) and, in most cases, a planning permit under Clause 52.27 of the planning scheme. The planning permit application considers hours of operation, patron numbers, noise, and amenity impacts on surrounding properties.
What are the car parking requirements for a new business?
Car parking requirements are set out in Clause 52.06 of the Victorian Planning Scheme. The number of spaces required depends on the use — for example, a restaurant requires 3.5 spaces per 100 sqm of leasable floor area, while an office requires 3 spaces per 100 sqm. A reduction in parking can be sought if there is good public transport access or shared parking arrangements.
What is a 'change of use' application?
A change of use application seeks permission to use land or a building for a different purpose than it is currently used for or approved for. For example, changing from a shop to a restaurant, or from a dwelling to a medical centre. The new use must be permitted or permissible in the zone, and the application is assessed for amenity impacts including traffic, noise, and hours of operation.
Can I convert a warehouse into a home?
Converting a warehouse to a dwelling is a change of use that requires a planning permit and typically a building permit. The feasibility depends on the zone — in industrial zones, dwellings are generally prohibited. In some Commercial or Mixed Use zones, the conversion may be permissible. Building regulations requirements for habitable rooms (natural light, ventilation, sound insulation) must also be met.
What are the rules for signage on my business?
Signage is controlled under Clause 52.05 of the Victorian Planning Scheme. Whether you need a permit depends on the sign category, the zone, and the sign's size, location, and illumination. Some business identification signs are exempt from permits in commercial and industrial zones. Heritage Overlay areas have stricter sign controls. Each sign must comply with display area limits.
Do I need a permit for a footpath cafe?
Footpath trading (including outdoor dining) on council-managed land typically requires an activity permit from council under the council's local laws, rather than a planning permit. However, if you are creating a permanent outdoor dining structure, a planning permit may also be required. Contact your council's local laws and planning departments for specific requirements.
How do I start a medical centre?
A medical centre usually requires a planning permit for use in most zones. Key considerations include car parking (Clause 52.06 requires 5 spaces per practitioner), ambulance access, signage, operating hours, and impact on neighbouring amenity. You will also need to comply with health facility regulations and obtain a building permit for any fitout works.
What is a 'Commercial 1' or 'Commercial 2' zone?
The Commercial 1 Zone (C1Z) is for mixed-use commercial areas that accommodate retail, offices, business, entertainment, and residential uses. The Commercial 2 Zone (C2Z) is for offices, manufacturing, and bulky goods retail, but generally does not permit shops or dwellings. The zone determines what uses are permitted, require a permit, or are prohibited.
Can I have a home occupation with employees?
A standard 'home occupation' is limited to residents of the dwelling as workers. If you want to employ people who don't live at the property, the activity may be classified as a 'home-based business' which has broader scope but may require a planning permit. The number of employees, customer visits, and traffic generation will be key considerations.
What are the noise restrictions for a commercial property?
Noise from commercial properties is regulated by the Environment Protection Act 2017 and EPA noise guidelines. Planning permits typically include conditions limiting noise to comply with SEPP N-1 or SEPP N-2 standards, which set noise limits based on the surrounding land use. An acoustic report may be required as part of a planning permit application to demonstrate compliance.
Do I need a permit to have a pet shop?
A pet shop (animal keeping/selling) typically requires a planning permit and the specific requirements depend on the zone. In commercial zones, a pet shop (as a type of shop or restricted retail) may be permissible with a permit. You will also need to comply with the Domestic Animals Act and any council local laws regarding animal businesses.
Can I run a bed and breakfast (B&B)?
A B&B accommodation is generally permissible in residential zones, often without a planning permit if the number of guests and rooms is below certain thresholds. Once the operation exceeds these limits, a planning permit is required. Key considerations include car parking, the impact on neighbours, signage, and compliance with building and health regulations for guest accommodation.
What is the 'Liquor Licence' planning permit process?
Under Clause 52.27, a planning permit is required to use land to sell or consume liquor if a liquor licence is required under the Liquor Control Reform Act 1998. The planning application must address cumulative impact, amenity, hours of operation, patron numbers, and noise management. The planning permit must be obtained before or concurrently with the liquor licence application.
How many cars can I park at a home business?
Home occupations and home-based businesses should not generate car parking demand beyond what is normal for a residential property. Generally, a home business should accommodate all parking within the property boundaries without impacting street parking. If the business requires client visits, adequate on-site parking should be available without affecting neighbours.
What are the rules for outdoor seating?
Outdoor seating associated with a food premises on private land may require a planning permit depending on the zone and the scale of the seating area. If the seating is on public land (footpath), council's local laws apply and a separate permit is needed. Key planning considerations include noise, hours of operation, and amenity impacts on residential neighbours.
Can I put up a temporary sign?
Some temporary signs are exempt from planning permit requirements under Clause 52.05, including real estate signs, construction site signs, and event signs within certain size and time limits. The specific exemptions depend on the sign type, zone, and display area. Signs in Heritage Overlay areas have stricter controls and may still require a permit even if temporary.
How do I apply for an 'occupancy permit' for a business?
An occupancy permit is a building regulation requirement, not a planning permit. It is issued by a building surveyor confirming the building is suitable for its intended use and occupancy. You need an occupancy permit before occupying a new building or changing the use of an existing building. It is separate from (and in addition to) any planning permit requirements.

Need Answers Specific to Your Property?

These FAQs provide general guidance. For a detailed analysis of the specific planning controls affecting your property, order a Detailed Planning Assessment.

Ask a planning question

Free AI assistant — instant answers