Skip to topics on this page:
- Making a Planning Application
- Applying for a Planning Permit
- Amend an existing Planning Permit
- Public Notices – Planning applications on public exhibition
- Objecting to a planning application
Making a Planning Application
Planning schemes regulate the use and development of land. One way they do this is by requiring that certain types of use and development can only be carried out if a planning permit is granted. Council can provide advice and information about local planning and are able to facilitate pre-application discussions to assess your proposal against the applicable planning requirements.
Whether you need a planning permit or not will depend on a number of factors including:
- The zone in which your land is located
- Whether any overlays apply to your land
Some common reasons a planning permit is required include (but not limited to):
- Constructing, altering or extending a dwelling or shed
- Starting a business (including working from home)
- Industrial or commercial developments
- Removing native vegetation
- Changing the use of a property
- Applying for a liquor licence
- Advertising signage
Do I need a Planning Permit?
Planning permits are generally required for any development or change of land use. Whether you need a planning permit or not will depend on a number of factors including:
- The zone in which your land is located
- The schedule to the zone as applicable
- Whether any overlays apply to your land or if the development or use is subject to any ‘Particular Provisions’ in the Planning Scheme.
How do I find out what zones or overlays affect my property?
A free report can be obtained from Land Victoria that gives you the zone and overlay controls affecting your property.
Applying for a Planning Permit
Pre application meeting.
Prior to lodging your application you can meet with a planner to discuss your proposal, gain advice and have the opportunity to make any changes to your application prior to submission in line with Council’s requirements.
We are here to help you with your planning questions. To talk to the planner on duty:
- call 03 5775 8555
- visit the office at 33 Highett Street Mansfield
What do I need to bring to a pre application meeting?
You need to bring preliminary designs and sketches of your proposal including site plans. Make sure you have the correct address and a copy of title can be very useful.
Complete the application form
- Fill in all required fields
- Address of land, lot number, plan of subdivision
- Purpose of the application – proposed land use
- Cost of the development
- Current land use
- Who wants the permit – who is the contact?
- Who owns the land/property? Is the declaration signed?
- Ensure you have all the supporting information and documents
- Email is now our preferred method of communication so please ensure that your email address is provided on your application.
Certificate of Title
A current copy of the Certificate of Title (less than 100 days old) is required with your application to confirm ownership details, location and dimensions of the land and any restrictions which may affect what can be developed on the land.
- A covenant is a private written agreement between the seller and purchaser restricting what the land can be used for, for example limiting development to construction of a single dwelling or controlling the types of materials that can be used for new buildings or fences.
- A caveat is a note on the Title indication that a third party claims rights over the property, for example, a mortgage.
- A Section 173 Agreement is a written agreement between Council and the land owner to set out particular conditions or restrictions on the way the land is used or developed, or to achieve other planning objectives in relation to the land. A Section 173 Agreement is a legal contract registered on the Certificate of Title and can be enforced in the same way as a permit condition or the planning scheme.
- An easement is a right held by someone else to sue the land, for example a Goulburn Valley Water sewerage pipe.
One copy of the site, elevation and floor plans
- A detailed site plan showing proposed development, existing conditions including access point and identify any vegetation that needs to be removed.
- Plans of proposed buildings including external elevations, internal layout and external building materials
A written submission detailing the proposed activities on the land.
Checklist, Forms and Fees
VicSmart is a streamlined application process for low impact, straight forward planning applications.
Your planning application may qualify under the VicSmart assessment process. For applications assessed under VicSmart a decision is expected within 10 business days, applications do not require advertising. The application must meet a set criteria for you application to be assessed under the VicSmart process.
Some planning applications need to be referred to external authorities for comment or conditions.
Referral authorities include but not limited to are:
CFA, Goulburn Murray Water, Goulburn Valley Water, Goulburn Broken Catchment Management Authority, Department of Environment, Land, Water and Planning, Environment Protection Authority, Ausnet Services, VicRoads, Heritage Victoria
Amend an existing Planning Permit
After a planning permit has been issued you may find that changes are required.
You can apply to:
- Amend the conditions of a planning permit
- Amend approved plans
- Amend the use or development for which the planning permit was issued
You can only amend a valid planning permit. Contact the planning department to confirm that your permit is still valid.
Minor changes to endorsed plans can by made by a Request for Secondary Consent.
Extension of time for an Existing Planning Permit
You may apply for an extension of time to the commencement date or completion date as outlined in your planning permit.
Application must be made before or within 6 months after the permit expiry commencement date, where the use or development allowed by the permit has not yet started.
Subdivision involves dividing a property into small lots that can be sold separately. It can also include the realignment or alterations to title boundaries even if the number of lots do not change.
Can I subdivide?
Before making an application to subdivide, you should ensure that the possibility of subdivision is permissible (this will generally be dictated by your land’s zoning).
For land contained within rural zones subdivision may not be permissible, if proposed lots cannot meet the minimum lot size required within the applicable schedule of the zone. Contact the Planning Department for further information about minimum sizes and zones.
A licensed surveyor is required to survey the land and prepare the plan that council needs to certify. A licensed surveyor can assist with the initial proposal/design and will liaise with council to meet their requirements.
Public Notices – Planning applications on public exhibition
When a planning application requires formal advertising, documentation such as plans and reports will be available to view detailing the proposal.
Letters will be forwarded to adjoining properties owners and occupiers; however some applications will also be advertised by a sign on the property or in the local newspaper.
Objecting to a planning application
If you are affected by or have concerns about a planning permit application you can contact the planning department to discuss the matter. You can also submit a formal objection.
Anyone can submit an objection to Council all objections must be considered when assessing the application. Objections can be lodged with Council any time up to when it makes a decision.
An objection must:
- Be in writing (email is fine)
- State reasons for the objection
- State how the objector would be affected by the grant of a permit
- Your objection should be based on a valid planning issue
Your objection is not confidential and your name and address details will be available to the applicant.
VCAT – Victorian Civil and Administrative Tribunal
Council’s decision about a planning permit application does not necessarily have to be final. If you are not satisfied with the decision, either as an objector or applicant you can have the decision reviewed at Victorian Civil and Administrative Tribunal (VCAT).
VCAT is an independent tribunal, which hears and decides on applications by permit applicants, objectors and others in an informal and expeditious manner upon their merits. It permits a broad range of people whose interests are affected by a decision to participate in a hearing.
Please refer to the VCAT website for further information.
Phone 1300 018 228
In some instances landowners or operators fail to get the appropriate approval and Council receives complaints.
Council’s preference is that all complaints should be writing and at a minimum identify:
- The address where the activity or works are occurring
- A description of the activity/works that are being carried out
- Your name, address, email address and contact phone number
Complaints can be emailed to firstname.lastname@example.org or sent to
Development Compliance Officer
Mansfield Shire Council
33 Highett Street Mansfield Vic 3722