Planning Permit Post Assessment

Notification of a decision (after a Planning Application has been decided)

Council aims to notify you within 3 days of an outcome decision.

Should your permit be approved and issued, it is very important that you thoroughly read through the Permit and conditions to understand your obligations.

In some cases, permit conditions need to be met before the approved use or development can commence.

Please contact Council if any of the conditions are unclear and you need them explained.

If there are standing objections to your Planning application, then Council will only issue a Notice of Decision to Grant a Permit or a Notice of Decision to Refuse a Permit.

Victorian Civil Administration Tribunal (VCAT) appeals process

This link provides an overview of the VCAT planning appeal process.

For more information about the appeals process, call VCAT on 1300 018 228.

Complying with Permit Conditions

Once a planning permit is issued, it is your responsibility to make sure that the land use or development is consistent with the permit conditions.

Section 173 Agreements

A Section 173 Agreement is a legal agreement made between Council and the landowner under Section 173 of the Planning and Environment Act 1987. In some cases a third party, such as a referral authority, may also be involved in an agreement.

A Section 173 Agreement is generally required by Council in a Planning Permit for subdivision of the land where a condition of a Planning Permit or Planning Scheme controls are not adequate for requirements.

An agreement may provide for:

  • The prohibition, restriction or regulation of the use or development of the land
  • The conditions subject to which the land may be used or developed for specified purposes
  • Any matter intended to achieve or advance the objectives of planning in Victoria or the objectives of the Council Planning Scheme or an amendment to the Planning Scheme, for which notice has been given

A Section 173 Agreement may be used:

  • To protect native vegetation
  • To restrict development to within an approved building envelope
  • To ensure development of land is undertaken in accordance with a Planning Permit
  • To secure off-site vegetation planting to compensate for approved removal of native vegetation
  • To prevent the further subdivision of land
  • To prevent the construction of additional dwellings on a lot
  • To acknowledge nuisance from adjoining uses (such as agriculture).

Always know your obligations and responsibilities under your Section 173 Agreement

It is important that landowners (and their representatives) know whether a Section 173 Agreement affects their property, and if so, they understand their obligations under the agreement.

Independent legal advice may need to be sought to gain a full understanding of the Section 173 Agreement.

Amending a Current 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(PDF, 1MB)  must be lodged with the relevant Statutory Planner at Council for assessment.

Documentation required to amend a Planning Permit:

  • Ensure that the application to amend a Planning Permit form(PDF, 1MB) 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.

Request a time extension

Your planning permit will state the time frames that any development/use must be started and completed. If you need more time you can request an extension.

Extension of Time Form(DOC, 178KB)

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(PDF, 74KB).

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(PDF, 74KB) 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 at planning@hrcc.vic.gov.au to discuss your request in further detail.