Planning Permits

What is a Planning Permit?

A Planning Permit may be required for various land uses and all forms of development including, native vegetation removal, buildings and works, change of use and subdivision of land. Planning controls which apply to your land will determine if a permit may be issued for these activities. In making a decision on a Planning Permit application, Council must consider the relevant decision guidelines under the Horsham Planning Scheme.

Please contact Council’s Town Planning Department on 5382 9798 or planning@hrcc.vic.gov.au to confirm whether you require a planning permit prior to the commencement of any new use or development.

Please note it is advised to make contact with Council’s Town Planners early on in your planning process as they will be able to determine whether permits are necessary and what kind of permit may be required. 

Planning Permit vs Building Permits

Planning Permits are usually required before you undertake any change of land use or development. Building permits generally relate only to the actual construction plans of a building or development. If a Planning Permit is required, it must be obtained before a Building Permit can be issued. Before you start, please contact Council’s Town Planning Department to discuss local Planning requirements, the permits you may require and what fees apply and when.

Applying for a Planning Permit

What to include with your application

If you are applying for a Planning Permit please:

  • Ensure that the permit application form is completed with accurate and legible details
  • Ensure the necessary plans are attached
  • Provide a current copy of title (less than 3 months old) including any Covenants and/or Section 173 Agreements applicable to the land (a current copy of title can be located on the LANDATA website.
  • Include a covering letter providing details of your application
  • Payment of applicable Planning Permit application fee
  • Completion of the Cultural Heritage Management Plan Assessment form (attached to the relevant checklist)
  • Completion of the relevant checklist applicable to your application

Please note the Checklists are available under the forms tab.

Amending a Planning Permit

Various reasons may arise where the applicant may need to request an amendment to their Planning Permit. An application form to amend a Planning Permit must be lodged with the relevant Statutory Planner at Council for assessment. 

Documentation required:

When applying to amend a Planning Permit:

  • Ensure that the application to amend a Planning Permit form is completed with accurate and legible details
  • Ensure any amended plans are attached
  • Provide a current copy of the title (less than 3 months old)
  • Covering documentation providing a detailed outline for the amendment
  • Payment of amendment fee

Secondary Consent Amendment

A Secondary Consent Amendment is often the most suitable way of assessing minor modifications required to endorse plans.

Under normal circumstances, Planning Permits contain the condition:

The development as shown on the endorsed plan must not be altered or modified without the prior written consent of the Responsible Authority.

Your Planning Permit must contain the above condition, then you will be able to apply for an amendment under Secondary Consent.

In addition to the above, there are other issues that should be taken into consideration when submitting an application for Secondary Consent Amendment:-

There is no provision for notification or advertising of your amendment under Secondary Consent provisions. If it is considered that the proposed amendment to your plans would result in any amenity impacts, you will be required to apply for an amendment under Section 72 of the Planning and Environment Act 1987 (the Act):

  • You cannot alter or delete any condition or pre-amble of a Planning Permit under Secondary Consent provisions
  • The proposal does not result in a transformation of the proposal
  • It does not authorise something for which primary consent is required under the planning scheme
  • It is of no consequence having regard to the purpose of the planning control under which the permit was granted
  • It is not contrary to a specific requirement (or condition of the permit) as distinct from an authorisation within the permit, which itself cannot be altered by consent

If your proposed modification does not meet any of the above requirements, you will be required to apply for an Application to Amend a Planning Permit pursuant to Section 72 of the Act.

How do I apply for a Secondary Consent Amendment?

When making an application for an amendment under Secondary Consent provisions, the following information is required:

  • Fully Completed Secondary Consent application form including all proposed amendments (an additional covering letter may be added if required)
  • Relevant Fee
  • 1 full set of plans (at a scale of 1:100 or 1:200) with the proposed amendments clearly highlighted
  • 1 full set of A3 plans with the proposed amendments clearly highlighted
  • An electronic version of all plans, in PDF form
  • A full copy of Certificate of Title including any restrictions and plan of subdivision (less than 3 months old) for the subject site

Please contact Council’s Town Planning Department on 53829798 or planning@hrcc.vic.gov.au to discuss your request in further detail.

Objecting to a Planning Permit

Overview

If you object to a planning permit application, you must do so in writing.

Your objection and the personal information on this form are collected by Horsham Rural City Council for the purposes of the planning process as set out in the Planning and Environment Act 1987. If you do not provide your name and address, Council will not be able to consider your submission.

Your objection will be available at the Civic Centre Offices, 18 Roberts Avenue, Horsham for any person to inspect and copies may be made available to the applicant for the relevant period set in the Planning and Environment Act 1987. You must not submit any personal information or copyright material of third parties without their informed consent. By submitting the material, you agree that the use of the material as detailed above does not breach any third party's right to privacy and copyright.

If you would like to be kept up to date regarding the progress of a particular application, please provide an email address (preferred) and/or phone contact in your submission.

Submissions of all types are considered - positive and negative, including hand written submissions and emails, but you must send them in to Council to ensure your position is recorded and considered.

Submissions can be received up until a decision is made on the proposed application.

Petitions

A petition or joint letter which deals with a planning application or a planning scheme amendment currently before Council under the Act will be treated as a submission to that planning application or that planning scheme amendment and will not be treated as a petition or joint letter.

A petition or joint letter is only considered as one objection. It is normal practice for the 'first named' person on a petition to be the formal contact for acknowledgement.

Appeals Against Planning Decisions

Overview

If you disagree with a decision made by Council on a Planning Permit application, you can lodge an appeal with the Victorian Civil and Administrative Tribunal (VCAT). Details outlining your appeal rights are provided on the reverse side of the notice you have received either as an applicant or a submitter to a specific Planning Permit application. Timeframes for appeals do apply so make sure you read your copy of the notice carefully.

Council’s decision on a Planning Permit can be one of the following:

  • A Notice of Refusal
  • A Notice of Decision to Grant a Permit
  • To issue a Permit

Further details and information can be found on VCAT’s website or via phone 1300 01 8228.

When Council issues a Notice of Refusal

  • The applicant may appeal against the refusal. The appeal must be lodged within 60 days of the giving of this notice
  • An appeal is lodged with VCAT
  • An appeal must be made on the Notice of Appeal form (available from VCAT) and be accompanied by the applicable fee
  • An appeal must state what grounds it is based on.
  • An appeal must also be served on the Responsible Authority (Council)
  • Notice of the appeal is to be given in writing to all parties to the appeal as soon as practicable after an appeal is lodged. An objector who appeals must give notice to all objectors. Objectors will be invited to any appeal hearing
  • Details about appeals must be given in writing to all parties to the appeal as soon as practicable after an appeal is lodged. An objector who appeals must give notice to all objectors. Objectors will be invited to any appeal hearing
  • Details about appeals and the fees payable can be obtained from VCAT

When Council issues a Notice of Decision

  • The person who applied for the permit may appeal against any condition in the Notice to Grant a Permit. The appeal must be lodged within 60 days of the giving of this Notice
  • An objector may appeal against the decision of Council (the Responsible Authority) to grant a permit. The appeal must be lodged within 21 days of the date of the Notice of Decision
  • If there is no appeal received a permit will be issued after 21 days of the Notice

When Council issues a Planning Permit

Any person affected may appeal against:

  • A decision of Council refusing to extent the time within which any development or use is to be started or completed
  • A decision of Council refusing to extent the time within which a plan under the Subdivision Act 1988 is to be certified, in the case of a permit relating to any circumstances mentioned in Section 6A(2) of the Planning and Environment Act 1987
  • The failure of Council to extent the time within one month after the request for an extension is made

How to proceed with an appeal:

  • An appeal must be made on a Notice of Appeal form (available from VCAT) and must be accompanied by the applicable fee
  • An appeal must also be served on the Responsible Authority (Council)
  • Details about appeals and the fees payable can be obtained from VCAT

Council understands that planning applications can be extremely difficult and confusing. For any additional information please contact Council’s Town Planning Department on 5382 9798 or planning@hrcc.vic.gov.au.

Current VCAT appeals

As required by the Order of the Victorian Civil and Administrative Tribunal, Council is required to make available copies of amended plans and any other supporting material. 

Appeals

P2344/2017 - Service Station 20 Dimboola Road and 11 Wawunna Road Horsham

Applicants-Amended-Plans-Elevations.pdf(PDF, 1MB)

Applicants-Amended-Plans-Locality-and-Site-Plans.pdf(PDF, 3MB)

Applicants-Amended-Statement-of-Grounds.pdf(PDF, 46KB)

Applicants-Statement-of-Changes.pdf(PDF, 47KB)

LET-310818_HRCC.pdf(PDF, 180KB)

PNPE9-Notice-of-Amendment-of-Application.pdf(PDF, 406KB)