Application outcomes and appeals

We have three options when deciding a planning permit application. These are:

1. Issuing a planning permit

We can issue a planning permit with or without conditions. These conditions require the applicant to make changes to their plans or proposal, before acting on the permit. 

We can only issue a planning permit if there are no objectors to the application. 

If the applicant chooses not to make the required changes, they have 60 days from issue date to lodge an appeal against the conditions imposed by Council at the Victorian Civil and Administrative Tribunal (VCAT).

2. Refusing an application

If we refuse an application, the applicant has 60 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.

3. Issuing a Notice of Decision

We issue a Notice of Decision 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 28 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.

Applicants and objectors may appeal against a permit decision.

Applicants 

Permit applicants may appeal against Council’s decision to refuse a permit or conditions that we place on a permit. 

As an applicant, you must lodge your appeal within 60 days of the date of the decision.

Objectors 

Objectors may appeal against Council’s decision to grant a permit or conditions that we place on a permit. 

As an objector, you must lodge your appeal within 28 days of the date of the decision.

In either case, you must lodge your application for review with the Victorian Civil and Administrative Tribunal (VCAT), along with the appropriate fee. 

Each time Council notifies applicants and objectors of its decision, we include details of how to lodge an appeal.