After a Planning Permit is granted, it has a limited lifespan. The owner or occupier of the land to which the permit applies must start the development or land use within 2 years of the grant date and complete the work within 4 years unless the permit specifies otherwise.
To allow more time for a development or for the commencement of a land use, the owner or occupier may ask Council for an extension to their Planning Permit.
You can ask Council to extend:
- the time in which the development must commence
- the time in which the land use must commence (for example, the date the building must begin operating as a medical centre or shop)
- the time within which the development must be completed.
You can request:
- an extension to a Planning Permit any time before the Planning Permit expires.
- an extension to the commencement date for development or land use up to 6 months after the expiry date.
- an extension to the completion date for development up to 12 months after the expiry date.
Council and the Victorian Civil and Administrative Tribunal (VCAT) are unable to approve requests outside of the relevant timeframe.
Requesting an extension
To apply for a Planning Permit extension:
- Complete the Application for extension of time request form.
- Submit the form to Council offices. The fee is $527, subject to GST.
Assessing the extension request
When we assess the request, we take the extent of the time delay, the reasons for the extension and the scale of the development into account.
The following have a strong impact on whether we approve the request:
- whether there has been a change of planning policy
- whether the landowner is seeking to 'warehouse' the permit (in other words, whether they have applied for the permit but don't intend to act on it)
- any intervening circumstances that bear upon granting or refusing the request
- the total time elapsed between issuing the permit and the request
- whether the time limit originally imposed was adequate
- the economic burden imposed on the landowner by the permit
- the probability of issuing a permit should a fresh application be made.
We have discretion around how long we extend a Planning Permit for, and we reserve the right to extend the permit for a different timeframe from the timeframe requested.
If we refuse a request that was made within the relevant timeframe, the applicant may apply to review the decision with the Victorian Civil and Administrative Tribunal (VCAT).
The processes for requesting and assessing a Planning Permit extension are governed by the Planning and Environment Act 1987.
For help, email Statutory Planning or call 9278 4888.