Amend a planning permit

Once you have a planning permit you may need to change it. You can ask for a change or amendment to:

amend the conditions of a permit
amend the use or development for which the permit was issued, or
amend approved plans.

If you only want to amend the approved plans and the extent of the changes meet certain tests you may be able to use different processes to amend the plans.

To amend your planning permit first check that it is still valid. The last condition on your planning permit has the expiry date. If today’s date is before the expiry date or within 3 months of that date, your planning permit is valid.

Extension of time

To extend the expiry date of your planning permit, there is a different and easier process.

Not the property owner?

If you (the applicant of the original permit) are not the property owner, you must contact the owner first. The owner must be told about or agree to the application to amend the planning permit.

VCAT permits

If Victorian Civil and Administrative Tribunal (VCAT) directed that your planning permit be issued and the proposed changes cannot be made by the different processes to amend the plans mentioned above you will need to apply to VCAT to amend your planning permit.

A note at the end of the planning permit should advise whether the permit was issued at the direction of VCAT.

Apply to amend a planning permit

Fill out an Application to amend a planning permit form (PDF 1Mb). You need the same information as when you apply for a new planning permit:

A cover letter that explains the changes you want to make.
The planning fee. For a list of all planning fees, see Planning fees.
A current copy of Title (less than 3 month old) including full information of any covenants or restrictions on the Title. To get a current copy of title visit the Department of Sustainability and Environment website and do an online title search.
Extra information – see the checklists for planning permit applications.

What happens after I submit the application to amend the permit?

After Council gets an application, it gives the application a number. An urban planner from Council begins to process the application.

After a week Council sends you a letter. The letter says:

that Council has your application, and
the name and contact details of Council’s urban planner who is processing your application.

Council’s urban planner does a first assessment of the application and then may:

ask you for more information or
decide to advertise the application or
write a report, make a decision and tell you if Council accepts or rejects your changes to the planning permit.

Changes to approved plans only

If you want to make small changes to the plans approved as part of your planning permit, there are another two ways that you may be able to apply. This depends on the date that the permit was issued:

If the permit was issued before 23 August 2005 you can apply to amend the plans under Section 62(3) of the Planning and Environment Act 1987. Download the S62(3) application form (DOC 91Kb).
If the permit was issued before or after 23 August 2005 you can apply to amend the plans under ‘secondary consent’ provided by the wording of a condition on the permit which usually reads, “The development as shown on the endorsed plan must not be altered without the written consent of the Responsible Authority.” Download the Secondary Consent application form (DOC 70Kb).

Your application should be submitted to Council by post or in person and must include:

a cover letter that explains the changes you want to make
a complete S62(3) application form (DOC 91Kb) or Secondary Consent application form (DOC 70Kb).
3 copies of the changed plans with the changes clearly identified or otherwise highlighted, and
the application fee.

A number of tests apply to whether the above types of applications can be supported. Contact Council to arrange a pre-application meeting to discuss whether your changes are likely to be supported if submitted using either of these forms.

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