Planning and Development Applications
Introduction
This article considers the general process of planning and development applications in Victoria. In Victoria (as in most other parts of Australia) most localised development decisions are made by local councils. "Development", in the sense of constructing (or demolishing) something on the land should be distinguished from "use" (which is a change in how land and structures are used). For example, converting a shop into an apartment may involve both a change in use and development.
The purpose of applying to a council is to obtain any necessary planning permits, which will authorise the proposed development or change in use.
Zoning, Overlays and Policy
Each part of Victoria is governed by some form development control. These restrictions are represented through "zones" (which include residential, commercial and industrial zones) and "overlays" (that provide guidance on permissible development).
Each zone will permit some uses without a planning permit, require a permit for other uses and prohibit some uses entirely. Overlays might include detail on heritage listings that might prohibit the demolition of a listed building. In some cases, a site within a zone may be covered by several overlays. The council's planning scheme will detail both the relevant zone and any overlays that apply.
A third consideration is the council's policy regarding a particular area. This policy might represent preferred architectural styles or wider state government objectives. All three of these matters combine to provide a somewhat complex framework for council decision making.
Application Process
Generally, a development application will proceed by:
- Consulting the relevant council and (in some cases) the neighbouring owners.
- Identifying if a planning permit will be required. Obtaining pre-certification of an application greatly assists the council in approving the application, as most of the initially complex issues will be addressed.
- Lodging the completed application with the council. The level of detail required by different councils can be unusually exacting (including, for example, detail on the position of shadows at certain times of the day and how the proposed development will affect existing vegetation).
- If required, the application will be exhibited to the public and any objections may be lodged.
- Finally, the council will meet to decide the application and address any objections. The council may impose a range of conditions on the proposed development to address any objections.
If an application is refused (eg on the basis of strong objection from neighbouring owners), the developer may apply to the Victorian Civil and Administrative Tribunal (VCAT) for a review of the decision. Equally, a person objecting to the application may apply to VCAT for review of the decision.
Next Steps
From the above discussion, it will be apparent that seeking development approval is by no means a straight forward process. As experienced property professionals have a strong sense of what a local council would be likely to approve (or likely to consider within the existing character of the locality), their experience can be invaluable. In the event that a development application is likely to encounter opposition, seeking the assistance of a planning and environment lawyer is vital.
