Planning Help

Whether or not you need a planning permit depends on: what type of use or development you want to do, where (which address) you want to do it; and, how your land is affected by provisions of the Golden Plains Planning Scheme 

Below are some of the more frequently asked questions about planning permit requirements or you can get further assistance at the bottom of the page. 

 

Click here for an overview of the statutory planning permit process. 

Do I need a Planning Permit? FAQs
What is a planning permit?

A planning permit is a legal document that allows a certain use and/or development on land. It normally contains a written document with conditions that must be met and a set of plans. A planning permit is not a building permit. You may need to obtain both a building permit and a planning permit. Find out about building permits.  Planning Permits are tied to the land, and not the person who applied for them (so if you move to a different site, the planning permit does not move with you).  

How do I access the Golden Plains Planning Scheme?

The Golden Plains Planning Scheme can be viewed here

Incorporated and Reference Documents can be viewed here

How do I know the zone or overlays applicable to my site?

Use the VicPlan online tool to generate a property report. Simply enter your property address to view the zones, overlays, and relevant planning controls that apply to your site. This report will help you determine if any permits are required.   

What is the difference between planning permits and building permits?

A planning permit gives permission to use or develop land in accordance with the planning scheme (and the Planning and Environment Act 1987). A planning permit can only be issued by Council. A building permit, on the other hand, ensures the structural safety of buildings and compliance with the building regulations (the Building Act 1993) and can be issued by a private building surveyor.  Learn more about building permits here

Do I always need a planning permit for development or land use changes?

No. Whether you need a permit depends on the zoning of your land, overlays affecting it, and the type of development or use proposed. Some minor works or changes may be exempt. Please review the Golden Plains Planning Scheme or contact Council's Planning Department for more information. 

  • Clause 62 list for general use and development exemptions (e.g. some fences, maintenance repair works etc.) 
  • Clause 52.11 (home-based businesses), 
  • Clause 52.12 for bushfire protection exemptions (e.g. defendable space for existing and proposed dwellings etc.) 
  • Clause 52.17 for native vegetation removal exemptions (e.g. planted vegetation, fire protection, dead trees etc.) 
Do I need a planning permit to start a home-based business?

Many home-based businesses do not require a planning permit if they meet all the requirements under the Home-Based Business Provision of the Golden Plains Planning Scheme. These include restrictions on the number of employees, car parking provisions, and other relevant requirements. Review Clause 52.11 to see if you qualify for an exemption. Other permits may also be required from Council, see our business permit flow chart here

You must also check your certificate of title for any restrictions or covenant that may prohibit your proposal.   

Do I need a planning permit to remove or lop trees/ vegetation?

A planning permit is often required to remove, destroy, or lop trees and vegetation, especially if the vegetation is native, located in a sensitive area, or protected by planning controls. 

You will likely need a permit if the vegetation is protected under an overlay in the planning scheme, such as: 

  • Vegetation Protection Overlay (VPO) 
  • Environmental Significance Overlay (ESO) 
  • Significant Landscape Overlay (SLO) 
  • Heritage Overlay (HO), where the tree contributes to the heritage value of the site 

Vegetation on public land, roadsides, or near waterways may also require a planning permit. 

However, there are exemptions that apply in some cases, such as for safety, bushfire protection, or weed control. These exemptions are listed under Clause 52.17 of the Golden Plains Planning Scheme. 

For more details, visit the Department of Energy, Environment and Climate Action (DEECA): Native Vegetation Regulations to download the Native vegetation removal regulations - Applicant's guide or refer to Council’s local guidance at Native Vegetation and Wildlife | Golden Plains Shire Council. 

You must also check your certificate of title for any restrictions or covenant that may prohibit your proposal.   

Do I need a planning permit for a Small Second Dwelling?

A small second dwelling (a second dwelling up to 60 square metres, on the same lot as an existing dwelling)—also known as a granny flat, secondary dwelling, or accessory dwelling unit—no longer requires a planning permit in most residential zones. However, this exemption does not apply if the property is affected by special planning controls, such as flooding, bushfire risk, heritage, or environmental overlays. In these cases, a planning permit may still be required. 

Even if a planning permit is not needed, a building permit is still required. This ensures the dwelling meets all siting, design, safety, and amenity standards under the Building Regulations 2018. 

It’s also important to note that a small second dwelling cannot be subdivided or sold separately from the main house. You are encouraged to check any title restrictions, as some properties have restrictive covenants which limit the number of dwellings on a lot. 

For more information, visit the Victorian Government’s planning resources or contact Council’s Planning Department for advice specific to your property.  

Do I need a planning permit for a shed?

Whether a planning permit is required for a shed depends on the size, location, and zoning of the property: 

  • If the shed is associated with an existing dwelling: A planning permit may not be required if it meets the setback, size, and height requirements of the planning scheme. This does not apply if the site is affected by any planning overlays. 

     

  • If the shed is on a vacant lot: A planning permit is likely required, as a shed on its own is generally considered a use and development of the land that requires assessment under the planning scheme. In some zones, a shed on a vacant lot is prohibited. 

     

  • If the shed is in a Farming Zone: The need for a permit depends on whether the shed is associated with agriculture or rural industry. A farm shed used for agricultural purposes may not need a permit, but a domestic shed (not linked to farming) is more likely to require approval. 

It is recommended to contact Council’s Planning Department to confirm whether a permit is required. You must also check your certificate of title for any restrictions or covenant that may prohibit your proposal.   

Do I need a planning permit for a dwelling in a Farming Zone?

A planning permit is required to build a dwelling in a Farming Zone (FZ), unless the site is over 100Ha in size and there are no planning overlays applicable to the site.  

The Golden Plains Planning Scheme includes strict controls to protect agricultural land and ensure that any new dwellings: 

  • Are genuinely linked to farming activities, and 
  • Do not compromise agricultural productivity. 

Before approving a dwelling in a Farming Zone, Council's assessment will include:  

  • Lot size and existing land use;
  • The need for the dwelling in relation to farming activities; 
  • Infrastructure and access requirements, including water supply and waste disposal; 
  • Amenity impacts; 
  • Surrounding land use compatibility; 

Some areas within the Farming Zone may have additional restrictions due to overlays, such as Bushfire Management (BMO), Flood Overlay (FO), Land Subject to Inundation Overlay (LSIO) or Environmental Significance (ESO), which may introduce extra requirements. Like other standard applications, these applications will also be referred to other departments for their comments and then be assessed based on the merits.  

It is recommended to check the zoning and overlays of your land via VicPlan and speak with Council’s Planning Team to discuss whether a permit is required and what documentation will be needed to support the application. 

Can I build a tiny home on my land? Do I need a planning permit for tiny homes?

The ability to place a tiny home on your property depends on several factors, including zoning, overlays, and intended use. 

  • If the tiny home is a permanent dwelling (connected to utilities and used as a primary residence), it may require both a planning permit and a building permit, depending on the zoning of the land and any relevant overlays. 
  • If the tiny home is on wheels (a movable dwelling) and is being used for temporary accommodation, a planning permit may not be required if it meets specific exemptions under the planning scheme. However, there may be restrictions on how long it can be occupied and where it can be placed. 
  • If the tiny home is a second dwelling on the property, planning controls will determine whether a secondary dwelling is permitted, based on minimum lot size, land use zoning, registered restrictions on the title and infrastructure capacity. 

Before proceeding, it is recommended to consult with Council’s Planning Department and lodge an application for written planning advice via our website to determine whether approvals are required. 

You can also find more information on tiny homes here. 

Do I need a planning permit to subdivide land?

Yes, a planning permit is always required to subdivide land. Please find information about subdivision on our website at Subdivisions | Golden Plains Shire Council 

What is a restrictive covenant and how do I vary it or remove it?

A restrictive covenant is a legal restriction registered on a property title that limits how the land can be used or developed—for example, preventing certain types of buildings, materials, or further subdivision. 

There are three methods available for the variation or removal of a restrictive covenant on the title: 

  1. pursue the variation or removal through the Supreme Court; 
  2. apply for variation or removal via a planning permit; or  
  3. apply for an amendment to the Golden Plains Planning Scheme. 

Supreme Court of Victoria – An application can be made to the Supreme Court, pursuant to Section 84 of the Property Law Act 1958 to discharge or modify a restrictive covenant, in whole or in part. Applicants are advised to contact their solicitor about this course of action. Council is not involved in any action under this method. 

Planning Permit – In some cases, you can apply for a planning permit under Section 60(5) of the Planning and Environment Act 1987 to vary or remove a covenant.  This process may involve notifying affected landowners and, in some cases, can be reviewed by the Victorian Civil and Administrative Tribunal (VCAT) if objections are received. If any of the land beneficiary object to the variation or removal of the covenant, the application will be refused by the responsible authority. 

Planning Scheme Amendment – You can request a planning scheme amendment to remove or vary a covenant. This is a more complex and lengthy process that involves exhibition and ministerial approval. It is generally used where the change affects multiple properties or aligns with a broader planning strategy. 

Find more information on Restrictive Covenants here.  

How do I build outside of a building envelope?

If your property has a building envelope, it means there is a defined area on the land where buildings must be located. To build outside this area, you will need to apply for a planning permit to vary a restriction.  

Council will assess your application based on factors such as the impact on neighbouring properties, amenity, the reason the envelope was put in place, and other relevant planning policies. 

In some cases, Council may approve varied building envelopes, if the proposal is considered appropriate and does not cause adverse impacts, (e.g. fence, swimming pool etc. ).  

It is recommended to consult with Council’s Planning Department and lodge an application for written planning advice via our website to determine whether approvals are required. 

How do I demonstrate existing use rights?

To demonstrate existing use rights, you must show that the use has been lawfully established and continuously carried out for a period of 15 years. This can be done by providing evidence such as rates notices, leases, utility bills, or statutory declarations. An information sheet on Existing Use Rights can be found here

How do I apply for a Certificate of Compliance?

A certificate of compliance is a written statement from the Council confirming you comply with a certain provision of the planning scheme.  

To apply, please read the information on the certificate of compliance form. Submit the form along with supporting documentation and applicable fee and the application will be assessed. You may download the compliance certificate application form here: Compliance Certificate Application form 

Do I need a permit for my business?

Whether you need a planning permit for your business depends on the type of business, the zone your property is in, and how the business operates (e.g. hours, signage, parking, number of employees). 

Some small or home-based businesses may not need a permit if they meet certain conditions, while others—especially those involving customers, manufacturing, or changes to land use—often do. 

Please find more information on business at Business concierge. Contact Council’s Business Concierge for information about what approvals are required.  Other permits may also be required from Council, see our business permit flow chart here

Please find more information on home-based business at Clause 52.11 to check if you meet the exemptions for a planning permit. 

Can I build over my easement?

Building over an easement is generally not allowed without permission from the relevant authority (e.g., Council or water authority). Check your property’s title and contact the relevant authority to discuss any potential works. You may also give a call to our Building department to discuss further or review the policies on Easements | Golden Plains Shire Council. 

What is a BMO (Bushfire Management Overlay) and how does it affect my land?

The Bushfire Management Overlay (BMO) is a planning control that applies to areas identified as being at high risk of bushfire. Its purpose is to ensure that new development is planned and designed to improve bushfire resilience and protect life, property, and the environment. 

If your land is in a BMO, you may need to: 

  • Obtain a planning permit for buildings or works  
  • Submit a Bushfire Management Statement prepared by a qualified practitioner 
  • Meet specific design requirements, such as defendable space, access for emergency vehicles, and water supply for firefighting 

Find more information on Bushfire Planning | Golden Plains Shire Council on Council’s website. 

My property is sited within Heritage Overlay – what does that mean?

If your property is within a Heritage Overlay, it means the site has been identified as having heritage significance. This significance could relate to a building, structure, garden, landscape or the character of the overall township. Most works (including demolition, routine repair works and painting) within a Heritage Overlay require a planning permit.  

Please find more information about heritage overlays Heritage Planning | Golden Plains Shire Council 

What is required from council to construct or extend a dam?

You may need a planning permit to construct or extend a dam, depending on its size, location, and the zone or overlays affecting your property. Council will consider impacts on the environment, drainage, and nearby properties. Information sheet on dams can be found here.  

It is recommended to get in touch with the planning department to check if you need a planning permit.  

Common Planning Terms

Understand some common planning terms and words by reading this guide prepared by the Department of Transport and Planning - click here

Still need help with a Town Planning matter? 

Submit a General Enquiry

For general planning enquiries, you can email [email protected], call us on 5220 7111, or visit our planning counter at 2 Pope Street, Bannockburn.

Please ensure you know the address (or Council assessment number) of the land before you contact us. 

We can provide you general advice and planning information. If you require written confirmation that no planning permit is required, you will need to apply for Written Planning Advice. 

Apply for Written Planning Advice

Where you require an official letter from Council or written confirmation that a Planning Permit is not required, you need to apply and pay for Written Planning Advice. Fees can be viewed here

A town planner will review your enquiry and provide a letter which you can use with a building surveyor or other professionals. 

You should provide us with as much information as possible, including the title, any site plans or drawings, images and written statements. A response to a Written Planning Advice request will usually take between 1 - 2 weeks depending on complexity. 

Book a Pre-Application Meeting

If you have a larger proposal, or need more detailed assistance, you can book a pre-application meeting to get advice from our town planners about a specific proposal. For your pre-application meeting, you will need development plans and specific details of the proposal. Click here to learn more about pre-application meetings. 

Ready to apply for a planning permit?

If you know you need a planning permit but need assistance preparing your application or are ready to apply, head to our planning permit APPLY page.