Council aims to notify you within three days of an outcome decision.
Should your permit be approved and issued, it is very important that you thoroughly read through the permit and conditions to understand your obligations.
In some cases, permit conditions need to be met before the approved use or development can commence.
Please contact Council if any of the conditions are unclear and you need them explained.
If there are standing objections to your planning application, then Council will only issue a Notice of Decision to Grant a Permit or a Notice of Decision to Refuse a Permit. If no objections are lodged with VCAT, Council will issue the permit after 28 days.
The information below details the Victorian Civil Administration Tribunal (VCAT) process should the applicant or objector choose to appeal Council’s decision.
Permit applicants have 60 days from the issue date to lodge an appeal against a Council decision.
Objectors have 28 days from the issue date of Council's Notice of Decision to lodge an appeal.
After you lodge your appeal, VCAT will send you an initiating order. This provides important information, including:
For more information about the initiating order, contact VCAT.
The initiating order might list a compulsory conference. This is an opportunity for the applicant, objectors and Council to informally discuss concerns and objections to potentially reach an agreement, without a hearing.
Practice day hearing
The initiating order might list a practice day hearing. This aims to resolve procedural issues before a compulsory conference or a merits hearing.
If anyone objected to your planning permit application, they must be notified of the following:
For more information about notifying objectors, contact VCAT.
To prepare for a VCAT hearing, you should collate all information to support your case.
If you're an objector, refer to your Statement of Grounds and any panning scheme controls that were considered. Our planning department can advise you of the relevant planning scheme controls and policies.
We recommend you use VCAT templates for your submission. You can access these from the VCAT website.
You can represent yourself or be represented by a professional for the hearing. The planning team are unable to advise you about this.
Each party only has one opportunity to address the hearing. The hearing will run in the following order:
Council’s role at the hearing
Council has two roles at the hearing:
VCAT can either:
VCAT’s decision is final and binding to all parties. You have no further right, unless VCAT made a legal mistake in their decision. If there is a legal mistake, then you have the right to appeal to the Supreme Court of Victoria.
For more information about any of the above, call VCAT on 1300 018 228.
A Section 173 Agreement is a legal agreement made between Council and the landowner under Section 173 of the Planning and Environment Act 1987. In some cases a third party, such as a referral authority, may also be involved in an agreement.
A Section 173 Agreement is generally required by Council in a planning permit for subdivision of the land where a condition of a planning permit or planning scheme controls are not adequate for particular requirements.
An agreement may provide for:
A Section 173 Agreement may be used:
It is important that landowners (and their representatives) know whether or not a Section 173 Agreement affects their property, and if so, they understand their obligations under the agreement.
Independent legal advice might need to be sought to gain a full understanding of the Section 173 Agreement.
Before you apply
Section 173 Agreements are normally prepared by your solicitors. The cost of preparing agreements is met by the applicant.