“Do I need a town planning permit?”

Planning permits are a vital component of many building projects in Victoria, Australia. They are distinct from building permits and focus on how land is used and developed under Victoria’s Planning Scheme. If you’re considering a new project, understanding whether a planning permit is required could save you time, money, and potential legal challenges down the track.

What Is a Town Planning Permit?

A town planning permit is an approval issued by your local council under Victoria’s Planning Scheme. It establishes what you can and cannot do on your property, taking into account the zone, overlays, and any other local planning controls that apply to your land.

Unlike building permits, which focus on structural compliance, planning permits govern the broader context of land use and its environmental, social, and urban impacts.

Building Permits vs. Town Planning Permits

In simple terms:

• Building Permits: Assess projects against the Building Code of Australia to ensure safety and structural compliance.

• Town Planning Permits: Assess projects against the Planning Scheme to ensure developments are appropriate and respectful to the local community.

Key Factors in Determining the Need for a Town Planning Permit

1. Property Zone

   • The zone of your property (e.g., Residential, Commercial, Industrial) dictates the types of developments or land uses permitted.

2. Overlays

   • Overlays add additional requirements beyond the base zoning. Common overlays include:

     • Heritage Overlay (HO): Protects buildings and landscapes of historical significance.

     • Vegetation Protection Overlay (VPO): Controls removal of trees and vegetation.

     • Floodway Overlay (FO): Manages development in flood-prone areas.

3. Specific Use or Development

   • Developments that might require a planning permit include:

     • Subdividing land.

     • Building a second dwelling on a lot.

     • Changing the use of a building (e.g., converting a warehouse to a residence).

     • Removing or lopping significant trees.

4. ResCode

   • While many projects must meet ResCode (Residential Development Provisions) standards, overlays or stricter local council rules may apply. These can impose additional restrictions on height, setbacks, and site coverage.

Commonly Overlooked Requirements

Many people are surprised to learn that planning permission is often required for:

• Front Fences: Councils regulate front fences to ensure they align with the character and aesthetic of the streetscape. Height restrictions and materials used are often reviewed to maintain visual harmony in residential areas.

• Significant Trees: Significant trees are protected due to their environmental, historical, or aesthetic value. Removing or altering these trees without permission can impact local biodiversity and neighbourhood character.

• Pavement, Driveways, and Other Permeable Areas: Councils enforce restrictions on impermeable surfaces to manage stormwater runoff and reduce urban flooding. Maintaining adequate permeable areas also supports groundwater replenishment and urban cooling.

Heritage Overlays in Melbourne

Heritage overlays are prevalent across Melbourne and are designed to protect areas, buildings, and landscapes with historical or cultural significance. Approximately 20% of Melbourne properties are impacted by heritage overlays, as highlighted in state planning data (source). These controls can vary in severity:

• Minor Restrictions: Prohibitions on external paint colours or replacement of original windows without council approval.

• Moderate Restrictions: Requirements to maintain specific architectural features or limitations on extensions and modifications.

• Strict Controls: Prevention of demolition or major alterations, mandating preservation of the property’s heritage character.

These restrictions exist to preserve Melbourne’s rich historical and cultural fabric, ensuring that developments respect the community’s shared history. Engaging early with council and experts can help navigate these complex requirements.

Typical Town Planning Timeframes in Melbourne

Town planning timeframes in Melbourne vary by council. While the Victorian state government has introduced initiatives to streamline the process, such as the Smart Planning Program, many local councils remain understaffed, causing delays. On average, applications can take 8-12 weeks, though our experience for metropolitan projects typically extends to 4-6 months (source). but this may extend significantly for complex projects or where additional information is required.

If a project is sent to council for a town planning permit due to a heritage overlay or a similar item, councils may refuse to review the project against ResCode restrictions, instead deferring this responsibility to the Registered Building Surveyor. This highlights the importance of engaging a building surveyor for a ResCode review before submitting your application.

Navigating Victoria’s Planning Scheme

Victoria’s standardised Planning Scheme applies across the state, with minor adjustments by individual councils. This consistency enables professionals to work seamlessly across council lines. However, approvals can still depend on the planner assigned to the project. In contentious cases, an appeal can be lodged with VCAT (Victorian Civil and Administrative Tribunal). For such scenarios, or if we anticipate challenges, Whisker Architecture recommends engaging a town planner with VCAT experience.

Frequently Asked Questions (FAQ)

1. Do I need both a planning permit and a building permit?
   Yes, in many cases you will need both. A planning permit assesses if your proposed development is appropriate for the site, while a building permit ensures the construction meets safety and structural standards.

2. What happens if I start building without a planning permit?
   Starting work without the required planning permit can result in fines, stop-work orders, or even mandatory demolition of non-compliant structures. Always secure the necessary permits before commencing any construction.

3. How long does the planning permit process take?
   On average, it takes 4-6 months, though complex projects can take longer depending on the council’s workload and the nature of the application.

4. Can I appeal if my planning permit application is refused?
   Yes, you can appeal to the Victorian Civil and Administrative Tribunal (VCAT). Whisker Architecture can support you through this process and will recommend engaging a specialist town planner familiar with thes processes.

5. Does my architect need specific experience with my local council?
   Not necessarily. Since Victoria has a state-wide planning scheme with only minor local variations, experienced architects can work effectively across different councils. Key to success is following proper processes, such as conducting pre-application meetings early, preparing thorough documentation, and engaging a specialist town planner for complex projects like the first building of its type in an area, code-pushing designs, or heritage-listed buildings.

6. Why does council care about things like fences or trees?
   Councils regulate these features to preserve neighbourhood character, ensure safety, manage environmental impacts, and promote sustainable urban development.

How Whisker Architecture Can Help

At Whisker Architecture, we provide comprehensive support throughout the town planning phase of a project to ensure a smooth and efficient process. Here’s how we assist:

1. Initial Site Analysis: During our Home Masterplan and Developer Masterplan Reports, we conduct a high-level review of zoning and overlays. We start by reviewing your property’s zoning, overlays, and relevant planning controls to identify potential opportunities and constraints. This analysis forms the foundation of your project’s strategic direction.

2. Concept Design with Compliance in Mind: Our architects develop concept designs that align with both your vision and the local planning requirements. We incorporate ResCode standards and anticipate council-specific expectations, reducing the likelihood of major revisions later.

3. Preliminary Consultation with Council: We initiate pre-application discussions with council planning officers to clarify specific requirements and gain feedback on your project’s feasibility. This step helps address potential issues early.

4. Preparation of Planning Documentation: We prepare all necessary documentation for the town planning application, including site plans, elevations, shadow diagrams, and written responses to relevant planning provisions. These documents are crafted to clearly articulate compliance and project benefits.

5. Liaising with Consultants: We coordinate with town planners, heritage consultants, arborists, and other specialists as required to provide a robust application package.

6. Ongoing Communication with Council: Throughout the application process, we maintain regular contact with the council to monitor progress, address queries, and advocate for your project.

7. ResCode Review Support: If council defers ResCode assessment to a Registered Building Surveyor, we work closely with the surveyor to ensure all requirements are met before proceeding.

By combining strategic foresight with meticulous preparation, we help clients navigate the complexities of the town planning process, reducing delays and mitigating risks.

Understanding your property’s planning requirements is a critical step in any project. Failing to obtain a necessary planning permit can lead to fines, enforcement action, and costly project delays. By engaging experts like Whisker Architecture, you can ensure your project proceeds with confidence and compliance.

Additional Resources

For further information, consult the following resources:

• Victoria Planning Provisions

• Planning Practice Notes

• Understanding Residential Development Provisions

• Consumer Affairs Victoria

• Victorian Building Authority

Disclaimer: This article provides general information and is not a substitute for professional advice. Always check with your local council or a qualified planning consultant regarding your specific project.

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• On-site Briefing Session: We walk your site together, explore how you live, and understand the goals, challenges and long-term intentions for your home.

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