Planning Permits

View current Planning Permits 

View details of active planning applications.

View current planning applications

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 believe you will be adversely affected by the granting of a Planning Permit, you can lodge a formal objection with Council.

The objection must:

  • be in writing (this includes email) and provide your full name, address, phone number and email address
  • state the grounds for your objection
  • state how you will be affected by the granting of the permit.

You can include suggestions for changes to the application that address some or all of your concerns.

Objections are public documents and may be made available to the applicant and other objectors during the application process.

Submitting the objection

You can submit your objection using an online form.

Submit an objection 

Alternatively, you can provide a written letter, printed form(PDF, 113KB) or email or and submit it to Council via email, post or in person:

Horsham Rural City
C/- The Statutory Planning Department

Civic Centre, 18 Roberts Avenue
PO Box 511
HORSHAM VIC 3402

For more information contact Statutory Planning on 5382 9777 or planning@hrcc.vic.gov.au

Timeframe for submitting the objection

Every objection must be considered before an application for Planning Permit is decided.

When a Planning Permit application is advertised, the Notice of Application (Public Notice) advises that Council will not make a decision for at least 14 days from the date at the bottom of the notice. If you lodge your objection within this time you can be guaranteed it will be considered.

The reality is that most applications are not determined immediately after the 14 days specified in the notice and there will be additional time to lodge an objection. 

Viewing objections to a Planning Permit application

Objections are public documents and may be made available to all parties and should not include any personal information of defamatory comments.

Copies will be made available to parties for the sole purpose of allowing consideration and review as part of the planning process under the Planning and Environment Act 1987.

Mediation

Mediation meetings are sometimes facilitated by council prior to making decision to ensure all parties are aware of each other’s issues in attempting to resolve grounds of concern and negotiate any changes to proposal.

This provides an opportunity to ensure there is a clear understanding of the planning process and you will be contacted if mediation is proposed.

Planning Permit application decision after receiving objections

Council must consider all objections received up until the time we make our decision.

When Council makes a decision on the Planning Permit application, all parties involved with the application are notified of that decision in writing in what is called Notice of Decision.

The application will be either approved or refused.

  • If objections are received for an approved application, Council must issue a Notice of Decision to grant a Planning Permit. A Notice of Decision is not a Planning Permit. The notice sets out the conditions that Council intends to apply to the permit should it be issued.
  • If Council refuses to grant a Planning Permit, a Notice of Refusal is given to the applicant and all objectors.

All council decisions may be appealed to the Victorian Civil and Administrative Appeals Tribunal and more information is available on the VCAT website.

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)