Property Development 101: Step 4

Now that you have completed your Concept Plans (Step 3), your project needs formal planning permission from your local planning authority.

The goal of this step, Step 4: Application, is to obtain a planning permit for your project.

This article will outline the following steps in the planning permit application process:

1. Steps to take before making your planning permit application.
2. Preparing and submitting your application
3. Council checking your application
4. Advertising your application
5. Council assessing your application
6. Council deciding on your application
7. Review by Independent Tribunal (if required)

Property Development Step 4: Application

This step involves progressing your Concept Plans up to the standard required to obtain a planning permit.

In the context of multi-unit developments, a planning permit is formal permission/consent from your local authority (in most cases, your local Council) to change the use of your land and proceed with your development.

Different states in Australia use different names for the planning permit – Town Planning Permit (TPP) & Development Application (DA) are common variations. For the purpose of this article, we will refer to these as planning permits.

Depending on where your property is located, it will typically have both State and Local Planning Policies attached that any proposed development must obey in order to secure a planning permit. For example, in Victoria every municipality/council has its own Local Planning Scheme (Zone, overlay & Neighbourhood character guidelines) that either supports the State Planning Scheme or overrides it by making policy more contextually relevant . Such local policy documents also contain relevant development contributions and public open space levy information.

Its worth noting that a Planning Permit is different to a Building Permit.

The following headings of the planning permit application process have been taken from the Department of Planning and Community Development who have put together an excellent Short Guide to the Planning Process. (This document applies to Victoria but contains helpful advice that can be applied in any state).

1. Steps to take before making your planning permit application.

Most of these items should have been addressed in the previous step:

• Ensure you comply with the Planning Scheme that specifically applies to your site. In Victoria, for residential developments under 4 stories in height, you will need to become very familiar with Clause 55 (sometimes referred to as ResCode) of the Planning Scheme.
• Ensure you have some level of support from your pre-application meetings with the town planning department of your local council.
• Ensure you have talked with as many stakeholders as you can (including your neighbours).
• Get a Town Planning Consultant with recent local experience where town planning advice is required

It is also worth noting that some councils offer ‘Fast Track’ certification where trusted external planners who are experienced with local planning policy can speed your application through the planning process. This lightens the load on Council’s officers and many times guarantees you strict timelines in the Planning Process – the time savings can be worth more than the fee you pay. For example: Glen Eira Council’s Fast Track Planning Permit program.

2. Preparing and submitting your planning permit application

A typical planning permit application package for a residential development may include some or all of the following:

• Completed Application Form
• Town Planning Drawings – fully dimensioned site plans, floorplans, elevations, shadow diagrams, existing conditions and proposed subdivision plans.
• Town Planning Documentation – document detailing how the proposed development addressed both State and Local Planning Schemes (sometimes referred to in Victoria as a Clause 55 response).
• Materials Schedule – Table of materials and colours of proposed development. This will be used by council for neighbourhood character concerns.
• Mood Board – A photo montage of existing properties that reflect the design, colours and/or ‘feel’ of the proposed development
• Landscape plans
• 3D renderings of proposed development
• Fresh copy of title
• Fees

3. Council checking your planning permit application

Once you have lodged your application, Council will check it to ensure they have all the documentation they need.

It is in your best interest to include everything that Council require. Most councils include a checklist of documents that must be submitted in order for them to consider an application complete.

4. Advertising your application

Once Council is satisfied that you have lodged a complete planning permit application, you typically need to advertise to all potentially affected parties of your intention to develop.

This is usually in the form of a sign on your property and/or letters to surrounding neighbours.

During this period (usually at least 14 days), affected persons have the opportunity to raise their objections to your development.

5. Council assessing your application

Once the advertising period is over, Council will then assess the merits of your application along with any objections raised.

If planning permit objections are raised, arrange to meet with your council planner about the best way to address the objections. This may involve meeting with the objectors and arriving at an outcome satisfactory to both parties. Ensure that whatever agreeable outcomes you arrive at, get it in writing and keep your council planner informed.

The closer your application adheres to State and Local planning policy, the stronger your application will be in the face of any potential objections.

6. Council deciding on your application

Once council has assessed your application, they will either:

• Grant your permit with conditions. Almost all permits are granted with conditions that must be addressed.
• Issue a Notice of Decision with conditions. In the case where your application received objections but council still intends to grant a permit, a Notice of Decision with conditions is issued. This gives the original objectors the list of conditions that your permit must address.
• Refuse your permit

7. Review by Independent Tribunal (if required)

If the worst case scenario has occurred and Council has refused your permit, the only avenue of planning appeals is to take your case to an independent tribunal.

In Victoria, this tribunal is called VCAT and has the power to overrule Council’s decision. Once again, the closer your proposed development adheres to State and Local planning policy, the greater the chance of your case succeeding at VCAT.

Conclusion

This step involves progressing your Concept Plans up to the standard required to obtain a Planning Permit.

In the context of multi-unit developments, a planning permit is formal permission/consent from your local authority to change the use of your land and proceed with your development.

Although slightly different in different states, the planning permit application process usually consists of the following steps:

1. Steps to take before making your planning permit application.
2. Preparing and submitting your application
3. Council checking your application
4. Advertising your application
5. Council assessing your application
6. Council deciding on your application
7. Review by Independent Tribunal (if required)

The closer your proposed development adheres to State and Local planning policy, the stronger your application will be and the greater your chance of obtaining your planning permit.

We will investigate in the next article, Step 5: Detail, how your Town Planning Drawings are detailed to provide Working Drawings for your Builder.

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Related links:

• Department of Planning and Community Development: About Planning Permits
• Department of Sustainability and the Environment: Victoria’s Planning Schemes
• Building Commission of Victoria: Building Permits
• Department of Planning and Community Development: Short Guide to the Planning Process
• Department of Planning and Community Development: Clause 55 – Two or more dwellings on one lot
• Victorian Civil and Administrative Tribunal
  

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1. Property Development 101: Step 5
2. Property Development 101: Step 3
3. Property Development 101: Step 1
4. How to get a Planning Permit: Don’t design for VCAT
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Tagged as: Architecture + Design, Multi Unit Development, Planning Permit, Property Development, Victoria