The Law Handbook 2024

Chapter 11.3: Environment and planning law 1019 Planning schemes set out zones in which specified uses of land: • are prohibited; • require a permit; or • do not require a planning permit when undertaken in accordance with any conditions that might be stated in the planning scheme. Planning permits may also be required by overlays. A permit to undertake a land use or development may be granted subject to conditions. Considering the uniformity and generality of the standard provisions of the VPPs ( see ‘Victoria Planning Provisions’, above), the discretion to grant permits – and the conditions that might be attached to them – are important in tailoring planning regulation to the unique needs of local environments. Certificates of compliance If you are unsure whether a planning permit is required, you can apply to the responsible authority for a certificate of compliance (s 97N–97R PE Act). A certificate of compliance cannot be issued if a planning permit is required for all or part of the land use or development. A land use or development proposal that receives a certificate of compliance is not publicised or subjected to appeal on its merits. Anyone who believes they have been adversely affected by a material misstatement or concealment of fact in relation to a certificate of compliance may apply to VCAT to have it cancelled or amended (s 97Q PE Act). Permits: Applications, notice and availability for inspection If a planning permit is required, a public notice of the proposal may be needed. In deciding whether a public notice is necessary, a responsible authority must consider specific issues set out in the PE Act and the planning scheme. A public notice is not required by some planning permits for certain zones (e.g. the comprehensive development zone) and overlays (e.g. the design and development overlay) or for small or straightforward permit applications. All applications for planning permits must be made publicly available either by inspection at the offices of the responsible authority (s 51 PE Act) or by being made available on the internet, and they must be provided upon request (ss 51, 197A). The responsible authority may require the person or company applying for the permit to give notice of the application to specified people and in specific ways, such as by letter, notice on the land concerned or an advertisement in newspapers. If the applicant is not required to give notice, the responsible authority is obliged to notify: • owners and occupiers of adjoining properties, unless the council is satisfied that the permit will not cause any material detriment (s 52(1)(a) PE Act); • any other person the responsible authority considers may suffer material detriment if the permit is granted (s 52(1)(d)); • any person the planning scheme requires to be notified (usually a referral authority, such as the Department of Energy, Environment and Climate Action) (s 52(1)(c)); and • a municipal council materially affected (s 52(1)(b)). If the responsible authority does not tell the appli- cant within 10 days of the application whether or not they have to give notice, and to whom, then the applicant can go ahead and give notice to adjoining landowners and occupiers and to anyone else whom the planning scheme requires be told. It is enough for them to do so by putting a sign on the affected land and publishing a notice in newspapers circulating in the area (s 52(2A) PE Act). A planning scheme can exempt some classes of applications from all the usual notice requirements, but there may be alternative notice requirements (ss 6(2), 52(4), (5) PE Act). People who believe they should have been given notice but were not can apply to VCAT for the permit to be cancelled or amended (ss 87, 89 PE Act). Responsible authorities cannot grant themselves permits. They must apply to the Minister for Planning, except where the planning scheme provides an exemption (s 96(1) PE Act). Objections by referral authorities Planning schemes sometimes require a permit to be referred to a specific authority or government department for advice. These authorities and government departments are known as ‘referral authorities’.