After a planning permit is issued, there are several things you may need to do. Read the permit conditions carefully to determine your next steps.
Appeal the decision to VCAT
If you are an objector to an application, or the applicant, and are unhappy with the decision, then you may have appeal rights to VCAT. You are encouraged to speak with the planning department first to resolve your concern and learn about your appeal rights. Note that strict timeframes apply for lodging an appeal. The last page of the decision sets out relevant information.
Lodge plans to comply with permit conditions
Your planning permit may include conditions which require you to lodge plans for endorsement before you proceed with the use or development. There is no cost to lodge these plans and Council expects to respond to you within 4 weeks of submission. Ensure you have read the permit conditions carefully and demonstrated how you have met the requirements of the condition.
Apply for certification and statement of compliance
For subdivision permits, a separate application must be lodged in SPEAR to complete the certification (CERT) and statement of compliance (SOC). Your licensed land surveyor must apply for the certification and statement of compliance.
Extend your planning permit expiry
All planning permits have an expiry. Check your permit conditions carefully and note the expiry of the permit. You can apply to extend your planning permit if you need more time. A permit can be extended within 6 months of the expiry date. Once this date has passed, a permit extension cannot be lodged. When you apply for an extension you will need to tell us how much longer you will require, the reason why the extension is needed and a fee applies.
Amend your planning permit / plans
Any changes to the planning permit, including any documents or plans endorsed under the planning permit must be approved by Council. Minor changes to plans can be endorsed through a process called Secondary Consent. For larger changes, or changes that may impact other people, or any changes to the permit preamble (what the permit is for) or permit conditions, this must be done through an amended planning permit application.
Other permits you may need
Planning Permits are only one part of the approvals you may need from Council. There are a number of other permit requirements including building, wastewater, local laws and more.
If you have further questions about the permit that has been issued, please contact the planning department at [email protected] or call 5220 7111. You may find the answer below, in our Frequently Asked Questions.
To lodge either:
- plans for endorsement (after a permit is issued)
- an extension of time to the planning permit expiry
- an application for secondary consent
- an application for an amended planning permit
Please view the lodgement instructions here.
A section 173 agreement (S173) is an agreement made under Section 173 of the Planning and Environment Act 1987 (Vic) between Council and a land owner. An S173 is legally binding and will be registered on the land title. The subject matter for section 173 agreements is broad, but typically they will contain provisions regulating use and development of the land. It is important you allow plenty of time if your permit requires a section 173 agreement to be drafted as preparation and registration of the agreement can vary significantly based on individual circumstances.
It is at the discretion of the owner as to who they engage to prepare the Agreement, however a review/checking fee will be incurred if the Agreement is drawn up by a firm other than Harwood Andrews. Council has engaged Harwood Andrews to check agreements and to register Agreements to Title. Costs and expenses incurred in association with the checking and review of 173 Agreements must be borne by the applicant.
You may choose to use Harwood Andrews to draw up the Agreement and avoid the checking fee.
For more information contact Harwood Andrews via their online portal at http://harwoodandrews.com.au/173
Council makes decisions based on the provisions on the Golden Plains Planning Scheme which provides both guidance and limitations. Whether you are an applicant or an objector and are unhappy with Council’s decision on a planning permit application, you may have the right to appeal to the Victorian Civil and Administrative Tribunal (VCAT). Appeals must be lodged within the specified timeframe (60 days for applicants and 28 days for objectors). Before lodging an appeal, you may wish to discuss the decision with Council to understand the reasons behind it and explore possible solutions. Contact [email protected] to discuss the outcome of an application further.
Planning decisions can sometimes be complex. If clarification is needed regarding permit conditions, required changes, or next steps, applicants can contact Council’s Planning Team for further explanation. Contact [email protected] to discuss the decision further.
Occasionally, typographical mistakes occur as part of the permit issuing process. If you believe there is an administrative error in Council’s decision, please contact [email protected] to discuss further.
A request for an extension of time must be submitted to Council before the permit expires. The request should outline the reasons for the extension and the additional time required.
The timeframe to apply for an extension of time will be specified as a condition on the permit issued (usually the last condition). Extensions of up to two years are typically considered. Applications lodged after the permit has expired may not be approved.
If changes are required to approved plans, an application to amend the permit may be needed. Minor modifications like elevation, design alterations may be approved through a Secondary Consent Amendment, while more significant changes require a Section 72 Amendment. Some amendments may require public notice or external referrals before being approved. It is recommended to check with Council before making any changes.
A secondary consent application is for minor changes to plans and documents that do not require notification to other people (ie neighbours) and do not require changes to the permit itself. Whether or not something is eligible for secondary consent is assessed on a case-by-case basis, but may include changes to building materials, landscaping and services.
An amendment to a planning permit is required for all other changes and may be subject to additional public notice. Any changes to what the permit description allows, or conditions of the permit must be done through an amendment.
Plans that require endorsement must be submitted via our online planning portal: Greenlight. If you have any trouble, you may get in touch with the planning department for assistance. Development Engineering plans relating to a subdivision application must be uploaded to SPEAR.