Common Planning Permit Types in Victoria

1Typical Process

1. 1.Pre-application meeting with council (recommended)
2. 2.Prepare architectural plans and supporting reports
3. 3.Lodge application with council and pay fees
4. 4.Application advertised to neighbours (if required)
5. 5.Council assesses against zone, overlay, and ResCode standards
6. 6.Decision issued (approve, refuse, or approve with conditions)
7. 7.Endorsed plans become part of the permit

Key Information

Tips

• •Engage a town planner early to identify potential issues
• •Ensure plans address overlooking, overshadowing, and setback requirements
• •Consider neighbourhood character in your design
• •A pre-application meeting can identify deal-breakers before you invest in detailed plans

1Typical Process

1. 1.Engage a licensed surveyor to prepare a Plan of Subdivision
2. 2.Lodge planning permit application with council
3. 3.Application may be advertised and referred to servicing authorities
4. 4.Council issues planning permit with conditions
5. 5.Comply with conditions (e.g., infrastructure contributions, easements)
6. 6.Council certifies the Plan of Subdivision
7. 7.Plan registered with Land Use Victoria to create new titles

Key Information

Tips

• •A title search will reveal existing easements and restrictions that may affect subdivision potential
• •Servicing authority requirements (water, sewer, drainage) can significantly affect costs
• •Consider whether you need to build before subdividing (common for multi-dwelling projects)
• •Section 173 agreements may be required for certain conditions

1Typical Process

1. 1.Determine the land use definition that applies to your proposal
2. 2.Check if the use is as-of-right, requires a permit, or is prohibited in your zone
3. 3.If permit required, prepare application with supporting information
4. 4.Application may be advertised to neighbours
5. 5.Council assesses against zone objectives, car parking (Clause 52.06), and amenity impacts

Key Information

Tips

• •Check the zone's table of uses first — your proposed use may be prohibited
• •Car parking requirements can be a significant factor, especially for restaurants and retail
• •Consider the amenity impacts on neighbours (noise, traffic, hours of operation)
• •Some uses require additional approvals (e.g., liquor licence, food premises registration)

1Typical Process

1. 1.Determine if an overlay or particular provision protects the vegetation
2. 2.Engage an arborist to assess the tree and prepare a report
3. 3.If a permit is required, prepare application with offset information
4. 4.Application assessed against Clause 52.17 (native vegetation) or relevant overlay
5. 5.Offset requirements may apply (planting replacement vegetation or paying an offset levy)

Key Information

Tips

• •Check for local laws — many councils have separate tree protection local laws
• •An arborist report is almost always required
• •The 'avoid and minimise' principle applies to native vegetation removal
• •Offset requirements can be costly — factor this into your project budget

1Typical Process

1. 1.Determine the category of sign (business identification, promotion, major promotion, etc.)
2. 2.Check if the sign is exempt from needing a permit under Clause 52.05
3. 3.If permit required, prepare application with sign details, dimensions, and location
4. 4.Council assesses against Clause 52.05 and any overlay requirements

Key Information

Tips

• •Many small business identification signs are exempt from requiring a permit
• •Signs in heritage areas almost always require a permit and heritage-sensitive design
• •Illuminated and animated signs have additional requirements
• •Third-party advertising (billboards) has the most stringent requirements

1Typical Process

1. 1.Apply the principal-activity test (Cl 73.03 + case law) — a venue whose predominant activity is alcohol service is a Tavern (or Hotel); food-led venues with alcohol incidental are Food and drink premises
2. 2.Read the zone use table for the resulting use term — in NRZ / GRZ / RGZ, Tavern and Hotel are Section 3 (prohibited); Food and drink premises is Section 2 with conditions
3. 3.If a planning permit is required for the underlying use, prepare the application — including a noise and amenity management plan addressing hours, patron numbers and the residential-interface impact
4. 4.Assessment runs against the zone decision guidelines + Clause 65 (cumulative impact, hours, patron management) — not against the deleted Clause 52.27
5. 5.Lodge the LCV liquor licence application separately; LCV checks the planning permit is in order as part of its own assessment

Key Information

Tips

• •The principal-activity test is the headline question — a 'bar' in a residential zone is usually a Tavern and therefore prohibited
• •The planning permit and the LCV liquor licence are two separate processes; the liquor licensing authority is Liquor Control Victoria (not the VCGLR or VGCCC anymore — VGCCC handles gambling and casino only)
• •Cumulative impact (the number of licensed venues already in the area) is still a relevant consideration, just now under the zone decision guidelines rather than old Cl 52.27-2
• •Hours of operation and patron numbers are key decision factors and will be permit conditions
• •A noise impact assessment may be required at the residential interface