Deciding an Application
The Council has three options when deciding a planning permit application. These are:
- issue a planning permit, usually subject to conditions
- refuse an application
- grant a Notice of Decision (support application), usually subject to conditions.
A Planning Permit can be issued without conditions or with conditions that require the applicant make changes to their plans or proposal, before acting on the permit. A planning permit can only be issued if there are no objectors to the application. The applicant has sixty days from issue date, to lodge an appeal against the conditions imposed by Council at the Victorian Civil and Administrative Tribunal (VCAT).
If a Refusal is issued, the applicant has sixty days to appeal against Council's decision at the VCAT. Any objectors to the proposal will be notified, by the applicant, if an appeal is lodged.
A Notice of Decision is issued by Council when there have been objections to the proposal but Council generally supports the application. This means that any person objecting to the application has the opportunity, within twenty-eight days, to appeal the decision at the VCAT.
If a planning permit or Notice of Decision is issued with conditions, the applicant must comply with all conditions associated with the permitted use and/or development. If applicants do not comply with permit conditions, enforcement action and maximum penalties of $120,000 can apply. See Enforcing Permits for more details.