Applicants should carefully consider their plans before applying for permits. However, Council recognises that, over time, people may wish to make changes to plans or seek to alter conditions of permits due to changes in circumstances.
Any person entitled to act on a planning permit can apply to Council to amend a permit. Amendments can be sought to:
- alter approved plans
- change planning permit conditions
- change the use or development for which the permit was issued
- extend the life of a permit.
Amending an approved plan
There are three methods available for amending approved plans. The method chosen will depend on whether the changes are considered to be minor and the date the original permit was issued.
Requests for minor changes to approved plans for permits issued prior to 23 August 2005 can be made under Section 62(3) of the Planning and Environment Act, even though this section has been repealed.
Minor changes to approved plans after this date can be sought under secondary consent if a permit contains a condition which states:
The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason (unless the Boroondara Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority.
The following information will need to be provided for an amendment to the endorsed plans:
- three copies of the proposed changes, which are to be highlighted on the plan
- a written summary explaining the proposed amendments and reasons why the amendments are to be made
- an amendment fee.
Major changes to plans will only be considered if an Application to Amend a Permit is lodged under Section 72 of the Planning and Environment Act.
Amending a permit condition
To alter a permit condition, an Application to Amend a Planning Permit must be lodged. If the applicant is not the owner, the owner must consent or be notified of the application.
An Application to Amend a Permit will be processed in accordance with the requirements of Section 72 of the Planning and Environment Act. This is essentially the same process as a planning permit application and may include:
- a request for any further information to allow Council to undertake a proper assessment
- referral to public authorities if required under the Planning Scheme
- notification if Council believes the change may cause material detriment to any person.
If Council supports the changes it will issue an Amended Permit. A table at the foot of the permit will specify the changes and new conditions may apply. Council may issue a Refusal to Amend a Permit if it does not support the changes or a Notice of Decision to Amend a Permit if it agrees to the changes, notwithstanding objections raised.
The same review provisions apply to Applications to Amend a Permit at the Victorian Civil an Administrative Tribunal (VCAT) as Applications for a Planning Permit.
It should be noted that, apart from minor changes to plans under secondary consent, a permit issued at the direction of VCAT can only be amended through an application under Section 87 to VCAT.
An application to Amend a Permit should be accompanied by the following:
Additional information may be required depending on the extent and complexity of the changes proposed.
Note: the application to amend – pursuant to Section 62(3) – cannot be used for amendments to endorsed plans where the permit was issued after 23 August 2005.
Extension of time for planning permits
Before a planning permit expires, or within three (3) months afterwards, the owner or occupier of the land to which the permit applies may ask Council for an extension of time, to extend the life of the permit.
Council may extend the time within which the use or development or any stage of it is to be started, or the development or any stage of it is to be completed, or the time within which a plan is to be certified (under the Subdivision Act).
A fee of $445.00 is payable with a request for an extension of time to a permit pursuant to Section 69 of the Act. This fee is subject to GST.
Pursuant to Section 16 of the Planning and Environment Regulations 2005 the request must be made in writing.
Council's application form can assist you in making such a request in accordance with the above Section of the Regulations. The form is available at the bottom of this page.
When considering the issue of extending the life of a planning permit, several tests have previously been applied by the Victorian Civil and Administrative Tribunal. The established tests include:
(a) whether there has been a change of planning policy
(b) whether the landowner is seeking to 'warehouse' the permit
(c) any intervening circumstances that bear upon grant or refusal
(d) the total elapsed time between the permit issuing and the request
(e) whether the time limit originally imposed was adequate
(f) the economic burden imposed on the landowner by the permit
(g) the probability of a permit issuing should a fresh application be made.
Council has discretion with respect to the length of time that a planning permit will be extended for. Council reserves the right to extend the permit for an alternative timeframe than the timeframe requested.
Council will take into account the extent of the time delay, the reasons for the extension and the scale of the development when considering what length of time is appropriate for the permit to be extended.
Extension of time request application form (PDF, 78.1 kB)