Planning permit process, investigation and compliance
Apply for a planning permit
If you propose to use or develop land, it is best to first make a pre-application appointment with a Council officer to discuss the proposal.
By arranging a pre-application appointment, the officer will be able to advise you as to what information you will need to submit with your planning application.
This can save you considerable time and money in the processing of the application.
To make an appointment, contact 9599 4444.
Items to submit with your planning permit
Make sure to refer to the following:
Checklist for Planning Application (DOC, 107KB)
Checklist for Subdivision Application (DOC, 103KB)
Planning Permit Application Form (PDF, 713KB) - Read guidelines on
How to complete the application form (PDF, 186KB));
Planning application fee (PDF, 67KB) - A covering letter which summarises the application. For more complex applications, a report format summarising the proposal and indicating its consistency with the relevant planning policies and control is required.
Please note: Multi-dwelling developments call for more detailed information and subsequently a Site Context Plan and Design Response is essential to the application.
If the application is for the particular use of a building, a floor plan needs to be provided which clearly labels each room and how it is to be used. Car parking provision and location should also be shown on the plans.
If the application is for buildings and works, then elevations of the building needs to be provided together with floor plans.
When submitting plans, they should clearly identify areas of new and existing works. In some cases, it may also be necessary to provide a schedule of external materials including a proposed colour scheme.
For an application that is only for use of the land, a summary of the proposal such as hours of operation, number of staff etc, will need to be submitted with the application.
Plans submitted with applications must show accurate dimensions and should be drawn to scale.
After the application is lodged
When Council receives an application for a planning permit, the application is delegated to a particular Officer.
You will be notified in writing of the Officer’s name and contact telephone number.
At this stage an initial assessment is undertaken in order to determine whether there is sufficient information to assess the application.
If Council considers further information is necessary, a written request will be sent to the Applicant.
Most applicants will need to be advertised and this is done in the form of a Notice of Application. You may have seen yellow signs placed on a site notifying people that a development has been proposed.
The Notice of Application can consist of a notice on site, a mail out to all surrounding owners and occupiers, a notice in the newspaper or a combination of all three.
There is a fee associated with the advertising process, however the Council staff will notify you of the cost and type of advertising necessary.
Council can undertake the notification on your behalf for a fee.
What if Council receives comments from the public in regards to my application?
Council cannot make a decision on your application for 14 days after notification of your application is given.
During this time, people can be certain that any comments they submit to your application will be taken into account.
All submissions received, up until Council determines your application, must be taken into consideration.
In particular circumstances, the Council Planner will suggest a Consultative Meeting be held with objectors. While not compulsory, such meetings may assist in understanding issues and may lead to the withdrawal of objections.
The meeting provides an informal forum for all interested parties to discuss the application and work towards a solution that is acceptable to everyone involved.
Consultative Meetings are not automatic and specifically depend on the combined willingness of all parties to compromise and work towards an acceptable solution.
When and where does Council consider my application?
Following the notification process, the Council planner prepares a report making a recommendation to Council, after having considered submissions to the application, any negotiations or results from a Consultation Meeting, comments from any Referral Authorities, state and local government planning policies, the provisions of the Bayside Planning Scheme and local policy.
If objections are received, your application will be reported to Council’s Planning Committee meeting where a recommendation will be made. You may address the Committee if you notify the Council's Governance Manager in writing by 11am on the morning of the Meeting. Objectors have a similar right.
The recommendation from the Planning Committee are final and do not need to be ratified by full council.
What happens after Council’s decision?
Council may determine to either:
- Issue a Permit (if there are no objections);
- Issue a Notice of Decision to Grant a Permit (if objections have been received but Council considers that the proposal is acceptable); or
- Refuse to Grant a Permit if the proposal is not considered to be acceptable.
A permit can be issued with or without conditions. Proposals can only begin and subsequently continue, if all of the conditions on the permit are met.
Does Council have the final say on my application?
If an application for a Planning Permit has been refused or conditions have been placed on the permit which the Applicant is concerned about, the Applicant may appeal to the Planning and Environment List of the Victorian Civil and Administrative Tribunal within 60 days of Council’s decision.
Similarly, should any objectors to the application be dissatisfied with Council’s decision to grant a permit, appeals can be made to VCAT within 21 days of Council’s decision.
Page last updated: 27 Jan 2011
