Each Planning Permit application undergoes various assessment and decision-making stages.
Stage 1: Submitting an application
After you have submitted your Planning Permit application it is registered and allocated to a statutory planner. The statutory planner is responsible for processing and assessing the application.
Stage 2: Initial assessment
The statutory planner assesses the submitted documentation to ensure there is sufficient information to make a well-informed decision.
The statutory planner may request further information within 28 days of receipt of the application. The application is put on hold until this information is received. If the information is not received within the prescribed timeframe, the application lapses.
Stage 3: Referral authorities
In some cases, the application may be forwarded to other Council departments and external authorities, such as Melbourne Water or VicRoads, for specialist or technical advice.
External authorities have 28 days to reply to Council.
Stage 4: Notice of Application
If Council thinks your application could cause anybody material detriment they will direct you to give notice of your application by:
- mailing a notice to adjoining owners and occupiers, and possibly additional notices
- displaying an on-site notice, and possibly a notice in a newspaper (depending on Council’s impact assessment).
The notice period usually takes a minimum of 14 days, but can be longer. Council must consider all submissions received up until the time a decision is made, even if this takes longer than 14 days.
Council cannot make a decision on an application until the advertising and notice period is complete.
Stage 5: Consultation or mediation
Community members may lodge objections to the Planning Permit application.
If objections have been received, the statutory planner may organise an informal consultation meeting with interested parties, and invite the relevant Ward Councillor to attend.
The meeting aims to identify and understand issues raised, and potentially agree on solutions.
Stage 6: Amendments to application
You may amend your application at any time during the process. But if you make an amendment after the notice period, the application may have to be re-advertised.
Stage 7: Detailed assessment
The statutory planner thoroughly assesses your application against all relevant policies and planning scheme requirements. They review all submissions received and any comments from other Council departments and referral authorities.
The statutory planner then prepares a report and a recommendation.
Stage 8: Decision-making by Council or delegates
The Council or a delegate of the Council (generally a senior statutory planning officer) will make a decision on the application, according to Council's Instrument of Delegation.
If an application is being decided by the Council, it will be referred to the Urban Planning Special Committee (UPSC). Interested parties are invited to address the UPSC meeting before a decision is made.
Possible decision outcomes include:
- If there are no objections and the application is supported, Council issues a Planning Permit.
- If there are objections, but the application is supported, Council issues a Notice of Decision (NOD) to grant the permit.
- If the application is not supported, Council issues a Refusal to Grant the Permit.
When we issue a Planning Permit, it may be subject to conditions that need to be met. If this is the case and we ask you to amend your plans, you will need to complete and lodge the plan endorsement request form with Council for endorsement.
Stage 9: Period for appeals
Council’s decision is final unless the applicant lodges an appeal.
Once a decision is made, objectors have 28 days and applicants have 60 days to lodge an Application for Review with the Victorian Civil and Administrative Council (VCAT). After the appeal hearing, VCAT makes the final decision and provides written reasons to everybody involved in the appeal.
VCAT directs Council to implement its decision.
The Planning and Environment Act 1987 sets out the legal procedures for a Planning Permit application. This legislation ensures that decisions made by Council about land use and development are fair, orderly and sustainable. It ensures that everyone who may be affected has the opportunity to have their say.
When assessing a Planning Permit application, Council refers to the Boroondara Planning Scheme.
For help with Planning Permits, contact Statutory Planning on 9278 4888 or email Statutory Planning.