Learn about and apply for a planning permit

What is a Planning Permit?

A planning permit gives you permission to use land, build on land, or subdivide land, and the Moorabool Planning Scheme defines when a permit is or is not required.

When it is required, the permit makes sure that land is used safely, buildings are designed appropriately, and the amenity of neighbours is protected. Planning permits are required by law under the Planning and Environment Act 1987 and it is Council's role to administer and enforce this Act.

Some key points are:

  • Only Moorabool Shire Council, VCAT, or the State Government's Minister for Planning, can issue a planning permit within the Moorabool Shire. Council is usually the responsible authority.
  • The Moorabool Planning Scheme is a public document and directs the assessment of planning permit applications. There are other documents that are incorporated in the Planning Scheme or are used as reference documents such as the Infrastructure Design Manual, or the Guidelines for the removal, destruction or lopping of native vegetation.
  • Planning permits make sure land is used safely and buildings are well designed.
  • Planning permits help to protect your amenity, privacy and safety. The planning system is the reason that residential areas and industry are separated.
  • A planning permit applies to the land, not the owner - if the land is sold, the permit remains with the property on which it was issued.
  • Breaching a planning permit or purposely avoiding getting one is an offence under the Planning and Environment Act 1987. Find out more about building and planning compliance and enforcement here.

What is the Moorabool Planning Scheme?

The Moorabool Planning Scheme contains all the zones, overlays, and particular provisions that apply in the shire. These guide when permits are required and what can be considered when assessing applications. The Scheme also identifies important qualities and issues in the shire and how the planning system can address these.

The purpose of a planning scheme is to:

  • Provide a clear and consistent framework within which decisions about the use and development of land can be made.
  • To express state, regional, and community expectations for areas and for land use.
  • To provide for the implementation of state and local policies affecting land use and development.

You can view the Moorabool Planning Scheme here: Moorabool Planning Scheme external link

Do I need a planning permit?

There are several ways to find out if you need a planning permit:

  1. Talk with a planner by calling the Planning team on 5366 7100
  2. Drop into the Darley offices at 182 Halletts Way Darley to meet with a planner in person
  3. Complete a no-cost pre-application meeting request form and a planner will contact you. You can find the application form on this page.
  4. Use the Do I need a permit webpage
  5. Apply for planning information (fees apply) by following the steps on the Apply for Planning Information (planning controls) webpage

Many types of use and development may require a planning permit, including (but not limited to):

  • Building a house (dwelling) or a shed,
  • Establishing a business (including home-based businesses),
  • Industrial or commercial development,
  • Subdividing land,
  • Building a dam or other excavations,
  • Licensed premises,
  • Advertising signage,
  • Clearing or lopping both native and non-native vegetation,
  • Keeping animals,
  • Reduction in car parking requirements.

Whether or not you need a planning permit will depend on the zone of the land, the overlays if applicable, the 'particular provisions' in the Scheme. A permit may be required for one or many reasons and each reason must be satisfied.

Zones and overlays

Zone

  • Most land has a single zone (for example, General Residential Zone) and may also have a Schedule (for example, Schedule 1). This is normally abbreviated, such as GRZ1.
  • Zones define what the purpose of the land is for and when a use of the land needs a permit.
  • 'Section 1' uses do not need a permit. 'Section 2' uses need a permit. 'Section 3' uses are prohibited.
  • The zone can also specify development controls

Overlays

  • Land may have many overlays, or none at all.
  • Overlays control environmental impacts and hazards, vegetation protection, built form, and heritage, and are used for particular purposes such as recognising the need for bushfire protection or preserving a town's character.

Use these tools to check the zone and overlays on your property:

VicSmart applications

View more information and find out if your application qualifies for a VicSmart application here.

Fees

All planning fees and charges can be found on the Fees and charges - planning webpage

Statutory fees

Statutory planning permit application fees are set by the state government. These fees are adjusted each financial year.

Non-statutory Council fees and charges

There are separate Council fees for specific planning applications and processes such as extensions of time, amendments by secondary consent, and advertising.

Specialist consultants

If you need specialist help with your planning application contact us to speak with the Planning team for assistance to find:

  • Licenced land surveyors for subdivision, re-establishment surveys, and title restrictions
  • Geotechnical consultants for Land Capability Assessments before installing a septic system
Bushfire Management Assessors

The Bushfire Planning and Design (BPAD) Scheme accredits individual practitioners who offer bushfire assessment, planning, design and advice services. It accredits practitioners who meet criteria based on specific accreditation and competency requirements, including a detailed knowledge of the relevant planning, development and building legislation for each State and Territory.

To search for BPAD practitioners who offer services in the Moorabool Shire the following criteria apply:

Type of work: Bushfire Consultants (BPAD)
Products and Services: Level 2 – Bushfire Planning Practitioner (Prescriptive)

This search brings up the consultants that operate in Moorabool.

Search for a level 2 BPAD Assessor on the FPAA website

How to apply

Online

Step 1.Prepare your application

Gather the additional documents required - you will need electronic copies to upload into Greenlight. The additional information that is required may include:

  • Site plan
  • Floor plan and elevations
  • Colour/material schedule
  • Relevant planning reports

Use the relevant checklists as a guide, and get help from a Planning Officer if required. See above for the ways you can get assistance from our Planning team. 

Step 2.Submit your application

Submit your application online

Step 3.Payment

Once your application has been accepted, you will be contacted for fee payment. 

Email

Step 1.Prepare your application

Download an application form and complete all sections, and gather the additional documents required. The additional information that is required (but not limited to) is:

  • Site plan
  • Floor plan and elevations
  • Colour/material schedule
  • Relevant planning reports

Use the relevant checklists as a guide, and get help from a Planning Officer if required. See above for the ways you can get assistance from our Planning team. 

Step 2.Submit your application

Submit your application via email to info@moorabool.vic.gov.au

Make sure you attach all additional information as well as the completed application form to your email.

Step 3.Payment

Once your application has been accepted, you will be contacted for fee payment. 

In person

Step 1.Prepare your application

Download an application form and complete all sections, and gather the additional documents required. The additional information that is required (but not limited to) is:

  • Site plan
  • Floor plan and elevations
  • Colour/material schedule
  • Relevant planning reports

Use the relevant checklists as a guide, and get help from a Planning Officer if required. See above for the ways you can get assistance from our Planning team. 

Step 2.Submit your application

Bring your completed application form and all supporting information to one of the following office locations: 

Ballan Office
15 Stead Street, Ballan
Open: Monday-Friday 8.30am-5pm

Darley Civic and Community Hub 
182 Halletts Way, Darley
Open: Monday to Friday 8.30am-5pm

Lerderderg Library 
215 Main Street, Bacchus Marsh
Open: Monday to Friday 8.30am-5pm
           Saturday 9am-2pm

Step 3.Payment

Once your application has been accepted, you will be contacted for fee payment. 

Post

Step 1.Prepare your application

Download an application form and complete all sections, and gather the additional documents required. The additional information that is required (but not limited to) is:

  • Site plan
  • Floor plan and elevations
  • Colour/material schedule
  • Relevant planning reports

Use the relevant checklists as a guide, and get help from a Planning Officer if required. See above for the ways you can get assistance from our Planning team. 

Step 2.Submit your application

Post your application to PO Box 18, Ballan 3342

Make sure you include all additional information as well as the completed application form.

Step 3.Payment

Once your application has been accepted, you will be contacted for fee payment. 

What happens after you have submitted a planning application to Council?

Incomplete applications may be returned to you with a list of things you need to provide Council before your application is accepted. Once accepted, your application may require public notice (advertising) and may be referred to water, roads, or fire authorities if necessary.

The statutory timeframe for deciding a planning application is 60 days. Some applications may be quicker, however more complex applications can take longer.

When you receive your permit, ensure you read all conditions carefully as all conditions must be adhered to. Take particular note of condition 1 of the permit which may contain things you must provide to Council before your use or development can commence.

How to amend an existing permit

If you have been issued a planning permit, you may apply to modify what the permit allows, conditions on the permit, endorsed plans, or the expiry dates.

Please be advised that amending a planning permit does not extend the expiry dates and you may be required to apply for a separate extension of time.

By amending an existing planning permit you can apply:

  • To change what the permit allows for (preamble)
  • To change conditions on the permit
  • For changes which require additional assessment or referral (including additional bedrooms connected to a septic system)

By amending by secondary consent you can apply to:

  • Change endorsed plans
  • Change where the conditions specifically allow for written consent

Extension of time Planning Permit in accordance with Section 69 of the Planning and Environment Act 1987

  • Extending the commencement or completion dates

All the relevant application forms can be found on the Application forms, checklists and templates webpage.

 

Additional information

Other Statutory Approvals you may require

As well as requiring a planning permit from Council, you may also require approval for your proposal under other legislation. Examples include:

  • Building Permit - Building permits are required for most works such as a new building, extensions, alterations or change of use of an existing building.
  • Liquor Licence - Liquor Licenses are required for the sale and/or consumption of alcohol from the Victorian Commission for Gambling and Liquor Regulation.
  • Onsite Wastewater Management Systems (septic tanks) - Permits must be obtained from Council's Environmental Health team for septic tanks where reticulated sewerage is not available.
  • Local Laws Permits -  If you need more information, please contact Council's Community Safety Department.
  • Crown Land - Approval is required from the State Government for use or development of Crown Land.
  • Vehicle Crossing Permit - Approval is required to construct new crossovers access to a public road to both urban and rural roads.

These are just some examples of approvals which may be required, and you are encouraged to discuss your proposal with the relevant Council department and/or external agency early in the process.

Appeals at VCAT

The Victorian Civil and Administrative Tribunal (VCAT) is an independent tribunal which hears and decides on applications. It permits a broad range of people whose interests are affected by a decision to participate in a hearing.

The Planning and Environment List hears and determines:

  • Applications to review decisions made by Municipal Councils and other authorities under a number of Acts of Parliament,
  • Applications for enforcement orders,
  • Applications to cancel or amend permits,
  • Applications for declarations relating to the use and/or development of land under the Planning and Environment Act 1987.

Once Council makes a decision on an application, a review by VCAT can be applied for by the permit applicant against conditions of a permit or a refusal to grant a permit, or by an objector against a Notice of Decision to grant a permit.

Please refer to the VCAT website for further information. 

    

Frequently asked questions

What is the difference between a building permit and a planning permit?

A planning permit does not override the need to obtain a building permit.

Building permits relate specifically to the carrying out of building construction, where as planning permits are legal documents giving permission for a land use or development.

How can I view a planning application or obtain a copy of a permit/plans?

On the Greenlight planning portal, using the ‘search application’ function, enter the application number as a continuous seven digit number starting with PA. For example: PA‘YYYY###’ and hit the ‘search’ button.

Only enter an address if you don’t have the PA number. Click on the PA number to view all public documents associated with the application.