Getting a project through the approval process in Victoria is a necessity that can’t be avoided. Planning exists to control essentially how our streets, suburbs and towns “look” – when we break it all down, that is the objective. Planning controls must be in place to ensure all development and construction are carried out in line with the general consensus of the public. In most cases that consensus is interpreted and administered by our friends at the local government level. In the greater Melbourne area, there are Thirty -One local government areas (LGA’s) and depending on the project type, these 31 LGA’s have different requirements for planning approval.
The following is an overview of the planning process:
The planning process in Victoria, Australia, is a structured framework that ensures land use and development align with strategic planning objectives and community needs.
Here’s an overview of the key elements and stages involved:
1. Strategic Planning
- State Planning Policy Framework (SPPF): Sets out the statewide planning policies.
- Municipal Strategic Statement (MSS): Outlines the local council's strategic direction for land use and development.
- Local Planning Policies: Further detail the MSS and guide decisions on land use and development within the municipality.
2. Planning Schemes
- Zoning: Determines the type of development allowed in different areas (e.g., residential, commercial, industrial).
- Overlays: Provide additional controls for specific issues (e.g., heritage, environmental protection).
- Particular Provisions: Address specific use and development issues (e.g., car parking, advertising signs).
3. Development Plans
- Precinct Structure Plans (PSPs): Detailed plans for the development of large areas, typically on the urban fringe.
- Development Plans (DPs): Detailed plans for specific sites or precincts.
4. Planning Permits
- Application: Lodged by individuals or developers for specific uses or developments.
- Assessment: The Council assesses the application against the planning scheme and any relevant policies.
- Public Notification: Neighbours and the community may be notified and given an opportunity to comment.
- Decision: The Council or a delegated officer decides to grant or refuse the permit. Conditions may be applied.
5. Review and Appeals
- Victorian Civil and Administrative Tribunal (VCAT): Handles appeals against council decisions or conditions on planning permits.
6. Enforcement
- Council: Ensures compliance with planning permits and planning scheme requirements.
Key Agencies Involved
- Department of Environment, Land, Water and Planning (DELWP): Oversees statewide planning policy.
- Local Councils: Implement planning schemes and assess permit applications.
- VCAT: Handles planning disputes and appeals.
Community Involvement
- Public Consultation: Involved at various stages, particularly during strategic planning and permit application assessments.
Key Legislation
- Planning and Environment Act 1987: The primary legislation governing planning in Victoria.
Planning Process Example
- Strategic Planning: A council identifies a need for new housing in a specific area.
- Amend Planning Scheme: The council amends its planning scheme to rezone land from industrial to residential.
- Development Plan: A developer submits a development plan for a new housing estate.
- Planning Permit Application: The developer submits a planning permit application for specific buildings within the estate.
- Assessment and Public Notification: The council assesses the application and notifies nearby residents.
- Decision: The council grants the permit with conditions.
- Appeal: A resident appeals the decision to VCAT.
- VCAT Hearing: VCAT reviews the case and makes a final decision.
The planning process ensures that development is controlled and aligns with broader strategic goals, while also allowing for community input and legal recourse.
The outline above can appear daunting however in most cases when dealing with a residential project, be it a new home build or extension / renovation – the first four areas listed are what we need to deal with. Agile Designer Homes has the expertise & resources to manage a potential project through these steps. Making initial enquiry in most cases allows us to carry out the design already addressing any planning requirements.
The outline above can appear daunting however in most cases when dealing with a residential project, be it a new home build or extension / renovation – the first four areas listed are what we need to deal with. Agile Designer Homes has the expertise & resources to manage a potential project through these steps. Making initial enquiry in most cases allows us to carry out the design already addressing any planning requirements.
The following is an overview of the Rescode process:
ResCode is a key component of the residential development standards in Victoria, Australia. It is part of the Victorian Planning Provisions (VPP) and sets out the requirements for residential development to ensure it meets community expectations and protects neighbourhood character.
Key Elements of ResCode
- Neighbourhood Character: Development must respect the existing character of the neighborhood. This includes consideration of building height, setbacks, and site coverage.
Site Layout and Building Massing
- Street Setback: New buildings must be set back a certain distance from the street to align with the existing streetscape.
- Building Height: There are limits on the height of buildings to ensure they are in keeping with the surrounding area.
- Site Coverage: Restrictions on the proportion of the site that can be covered by buildings to allow for adequate open space.
Amenity Impacts
- Overshadowing: Developments must minimize overshadowing of neighboring properties, ensuring they still receive adequate sunlight.
- Overlooking: Measures must be taken to prevent direct views into neighboring properties, such as the use of screens or setbacks.
On-Site Amenity and Facilities
- Private Open Space: Requirements for the amount and quality of private open space for residents.
- Parking: Standards for the provision of on-site parking spaces.
- Energy Efficiency: Encouragement of design that maximizes energy efficiency, including orientation for solar access and the use of sustainable building materials.
- Access and Mobility: Ensuring developments are accessible and provide for safe movement within and around the site.
Planning Process in Victoria
The planning process in Victoria involves several key steps:
Pre-Application
- Research: Understanding the relevant planning policies, zoning, and overlay controls.
- Consultation: Engaging with council planners, neighbors, and other stakeholders early in the process.
Application
- Preparation: Submission of a detailed planning application, including plans, reports, and other supporting documents.
- Lodgement: Submitting the application to the local council for assessment.
Assessment
- Referral: The council may refer the application to other authorities (e.g., environmental agencies) for comment.
- Advertising: Public notification of the application to allow for community feedback.
- Consideration: The council assesses the application against the planning scheme and any submissions received.
Decision
- Approval or Refusal: The council issues a decision, which may include conditions if the application is approved.
- Review: If the application is refused or conditions are disputed, the applicant can seek a review from the Victorian Civil and Administrative Tribunal (VCAT).
Post-Approval
- Compliance: Ensuring the development complies with all conditions of the permit.
- Construction: Proceeding with the construction in accordance with the approved plans.
ResCode plays a crucial role in guiding residential development in Victoria to achieve a balance between growth and maintaining the character and amenity of existing neighborhoods.
In summary, the Rescode process has been adopted to streamline the planning process in some instances. In essence, if the design meets certain criteria, the approval of the project occurs at the issue of the Building Permit stage of the process. There are some parameters to be determined in the early stages of the process such as overlays, but it is a more efficient way to gain planning approval for a project. Agile Designer Homes can assist with this process and ascertain early if we can move a project through the Rescode process as opposed to the traditional method to gain planning approval.
In summary, the Rescode process has been adopted to streamline the planning process in some instances. In essence, if the design meets certain criteria, the approval of the project occurs at the issue of the Building Permit stage of the process. There are some parameters to be determined in the early stages of the process such as overlays, but it is a more efficient way to gain planning approval for a project. Agile Designer Homes can assist with this process and ascertain early if we can move a project through the Rescode process as opposed to the traditional method to gain planning approval.
Building Permit
Getting to the building permit process is exciting. Being in a position to obtain a building permit generally means all the boxes have been ticked from a planning point of view be that full planning approval or approval through the recode process. This process is managed and issued by a building surveyor who compiles the information addressed in the planning approval, ensures the documentation is in order and that all notations required regarding building codes are in place. The building permit is also tied to the building contract and goes hand in hand with it. The issue of the building permit requires a contract to be in place and a contract value, it also requires evidence the builder has all the insurances in place required by law under the contract. These typically relate to the construction works insurance and the DBI / HOW insurance.
The issue of the building permit is a formality from the client’s point of view. In essence, this permit allows for the works to take place and the building surveyor is on hand to ensure the project is carried out in line with the National Construction Code and the Australian Standards and Codes that underpin the NCC.
Agile Designer Homes as your design and construct partner has the resources and expertise to manage your project through the various phases of approval outlined above. With a collaborative and flexible approach, we can deal promptly with authority requirements, make document changes and address cost implications at the same time. This efficient process saves the client time and money and ensures we are on time–creating your dream home as quickly as possible.
The issue of the building permit is a formality from the client’s point of view. In essence, this permit allows for the works to take place and the building surveyor is on hand to ensure the project is carried out in line with the National Construction Code and the Australian Standards and Codes that underpin the NCC.
Agile Designer Homes as your design and construct partner has the resources and expertise to manage your project through the various phases of approval outlined above. With a collaborative and flexible approach, we can deal promptly with authority requirements, make document changes and address cost implications at the same time. This efficient process saves the client time and money and ensures we are on time–creating your dream home as quickly as possible.
