8. Council's decision
Council makes three kinds of decisions on a planning permit application. Council issues:
- a planning permit
- a Notice of Decision to Grant a Planning Permit, or
- a Refusal to Grant a Planning Permit
A planning permit
Council issues a planning permit when Council supports the application, and when:
- the application has no objections, or
- Council has issued a Notice of Decision to Grant a Planning Permit and there were no Applications for Review have been lodged with the Victorian Civil and Administrative Tribunal (VCAT), or
- VCAT tells Council to issue a planning permit.
Conditions of a planning permit
A planning permit usually has conditions. Read the conditions on the permit carefully.
The conditions could be extra things to do before you start building or using the land. Sometimes, the first condition on the permit says to give Council amended plans to approve before you can start work. The last condition of a planning permit is normally a time limit – you must start the work and finish it within this time.
An applicant for a planning permit can apply to the Victorian Civil and Administrative Tribunal (VCAT) to review any of the conditions on the permit.
The back of the planning permit tells you how to apply for a review.
A Notice of Decision to Grant a Planning Permit
Council issues a Notice of Decision to Grant a Planning Permit if Council supports the application and there are objections to the application.
A Notice of Decision to Grant a Planning Permit is not a planning permit.
It is a legal notice that says that Council supports the application if the use or development meets a list of conditions. The Notice of Decision to Grant a Planning Permit sets out the conditions.
Council sends a copy of the Notice of Decision to Grant a Planning Permit to the permit applicant and all objectors to the planning permit application.
An objector has 21 days to apply to Victorian Civil and Administrative Tribunal (VCAT) to review the decision.
If an objector lodges an Application for Review, VCAT will let the permit applicant and Council know that the Application for Review has been made.
If no objectors apply to review the decision then VCAT tells Council when a planning permit can be issued.
An applicant has 60 days to apply to review any of the conditions included in the planning permit. The applicant must notify the Council and all objectors if they apply to VCAT to review any of the conditions of the planning permit.
A Refusal to Grant a Planning Permit
Council issues a Refusal To Grant a Planning if Council does not support the proposal.
The Refusal to Grant a Planning Permit includes Council’s reasons for not issuing the permit. Council also sends a copy of the Refusal to Grant a Planning Permit to all objectors to the planning permit application.
An applicant has 60 days to apply to the Victorian Civil and Administrative Tribunal (VCAT) to review the decision. The back of the notice of Refusal to Grant a Planning Permit tells the applicant how to apply for a review. The applicant must notify Council and all objectors if they have made an application for a review of the Council’s decision.
