Prepare

Understanding Planning and Building

Differences between Planning and Building services at Council

Planning Permits and Building Permits are different, and they are applied for different purposes and assessed by different teams. Depending on your proposal, this means that you may need one or both.

Purpose of a Planning Permit

Planning considers the way land is used and developed, and how this impacts the character and amenity (liveability) of the municipality. Council’s Planning Scheme guides decision making and outlines objectives, policies and controls for the use, development and protection of land. Council assesses proposals for the use of land through Planning Permit regulatory process that are aligned with the Planning Scheme. A Planning Permit is a legal document that gives you permission to use or develop land in a certain way. It usually includes conditions and approved plans, which must be complied with.

Purpose of a Building Permit

Building is concerned with safe construction practices and considers whether the construction works and new uses conform to building regulations, the Building Code of Australia and relevant Australian standards. A Building Permit is a legal document, issued before construction commences, to ensure the building meets the minimum requirements for the health, safety and amenity of occupants and the public. Building Permits are issued by Building Surveyors. If you require both a Planning and Building Permit, you must get the Planning Permit before applying for the Building Permit. Having an approved Planning Permit does not mean that you can start construction without first getting a Building Permit.

Understanding the Planning Scheme

The Planning Scheme is a legal document prepared by Council and approved by the Minister for Planning. It contains policies and provisions that control land use and development by guiding decisions of Council and other authorities. For example:

  • It separates incompatible land uses so that we don’t have inappropriate adjacencies
  • It triggers consultation with other important authorities, outside of Council, and guides their decisions on issues relating to overlays

The Planning Schemes applies to all private and public land and is binding for everyone, with some exemptions.

The administration and enforcement of the Planning Scheme is the duty of Council as a responsible authority, or where specified in the Scheme it may be other authorities.

Council’s Planning Scheme, amendments and related documents can be viewed here:

Hindmarsh Planning Scheme

Understanding Planning Controls on the Land

Planning Controls are the zones, overlays or other provisions included in the Planning scheme that affect how a lot can be used and developed.

Planning Zones

Every property has only one zone.  Common zones include:

  • residential zones (such as the General Residential Zone, Township Zone,)
  • industrial zones
  • commercial zones
  • rural zones (such as the Farming Zone, Rural Living Zone and Rural Conservation Zone)
  • public land zones (such as the Public Use Zone, Public Park and Recreation Zone, Public Conservation and Resource Zone, and Transport Zone)

Zoning aims to avoid conflicts between different types of land uses and ensures that development is appropriate for an area.

Planning Overlays

Overlays operate in addition to zones.  An overlay may seek to achieve certain design and building standards, including:

  • bushfire
  • environmental
  • land management
  • heritage
  • flood issues

Not all properties are subject to an overlay. If an overlay applies to a property or lot, it may specify additional requirements in relation to subdivisions, buildings and works, vegetation removal and other matters.

Searching for Property Information

You can search for the Planning information of a property, parcel or crown land to understand what zones and overlays apply at VicPlan –  https://www.planning.vic.gov.au/schemes-and-amendments/planning-report-search

Why are Planning decisions important for our region?

Planning decisions are critical to ensuring that we are:

  • Looking after the long term needs of the people who live, work and visit and to ensure the amenity and liveability of our towns is maintained

  • Developing sustainable communities with access to jobs, services, infrastructure and community facilities

  • Protecting our local environment and ensure there is no loss to biodiversity

  • Safeguarding the economic future of our region and preserving productive farmland

  • Ensuring that State, regional and local policies affecting land use and development are carried out

  • Making sure that developments are sustainable and safe for residents and visitors to the region

Common Reasons for Planning Permits

Dwellings

  • If the property is under 300sqm in an urban area, and you wish to develop the land with a dwelling or extend an existing dwelling
  • It is proposed to construct a dwelling in a Farming Zone on a lot less than40Ha
  • It is proposed to construct more than one dwelling on a lot
  • The property is in a rural area and the land is under the minimum lot size in the zone
  • Overlays on the land related to heritage, bushfire, flooding, or other environmental reasons
  • The dwelling does not meet the setbacks in the zone
  • It is proposed to construct a shed that is not associated with agriculture or a dwelling in a rural area

You can request Copies of Plans for your property here: 

Request-for-Copies-of-Plans-Form.pdf(PDF, 105KB)

Vegetation Removal

  • If the property is over 4,000 sqm and the vegetation is native
  • To remove non-native species of vegetation if the property is within a Heritage Overlay (HO) or Environmental Significance Overlay (ESO)
  • There are Planning Permit conditions or other restrictions or agreements applying to the property
  • The property is outside of a Bushfire Management Overlay and you do not have exemptions to create or maintain defendable space in areas affected by a Bushfire Management Overlay (BMO)

Note: Native vegetation is not limited to trees and can include native grasses, areas of bush or scrub, wetlands and rushes or sedges.

Shed and Agricultural Buildings

  • The property is under 300sqm in an urban zone
  • There is no existing dwelling on the property
  • Overlays on the land related to heritage, bushfire, flooding, or environmental significance
  • A shed in a Farming Zone that is not associated with agriculture
  • A shed that does not meet the setbacks identified in the zone

Business in Township or Farming Zones

  • Use or development of land
  • Use of an existing building for business
  • Displaying advertising signs
  • Street trading and other statutory Planning requirements
  • A business that requires a liquor licence
  • The licensed area (‘red line’) is being extended 
  • Hours of trading allowed under a liquor licence being extended
  • Patron numbers under a liquor licence being increased

Subdivision

  • Dividing land or a building into two or more separate lots
 
FAQs - Preparing for a Planning Permit Application

What Planning restrictions apply to my property?

Each individual property has a set of Planning controls which specify when a Planning Permit is required. Every application for a Planning Permit requires you to provide a current Certificate of Title (less than 3months old), which will include details of any obligations affecting what can be done on or with the land. To find out what controls apply to your property, you can:

What zoning applies to the land I am interested in purchasing?

Every property is zoned to provide rules as to how the land can be used or developed. A property generally only has one zone.

Common zones include:

  • residential zones (such as the General Residential Zone, Township Zone, Low Density Residential Zone, Mixed Use Zone, and Neighbourhood Residential Zone, Residential Growth Zone)
  • industrial zones
  • commercial zones
  • rural zones (such as the Farming Zone, Rural Living Zone and Rural Conservation Zone)
  • public land zones (such as the Public Use Zone, Public Park and Recreation Zone, Public Conservation and Resource Zone, and Road Zone)
  • special purpose zones (such as the Special Use Zone, Urban Floodway Zone and Urban Growth Zone).

Zoning aims to avoid conflicts between different types of land uses and ensures that development is appropriate for an area.

Some properties also have overlay controls. Overlay controls may protect heritage or show areas that require special considerations, like those prone to fire or flooding.

You can confirm the relevant zones at VicPlan https://www.planning.vic.gov.au/schemes-and-amendments/planning-report-search 

What are overlays?

Overlays operate in addition to zones. An Overlay may seek to achieve certain design and building standards for the land, including:

  • bushfire
  • environmental significance
  • land management
  • heritage
  • flood or land subject to inundation
  • parking

Not all land is subject to an overlay. If an overlay applies to a parcel of land, it may specify additional requirements in relation to subdivisions, buildings and works, vegetation removal and other matters.

You can confirm the relevant overlays at VicPlan www.planning.vic.gov.au/schemes-and-amendments/planning-report-search

What does the Bushfire Management Overlay (BMO) mean for my property?

The Bushfire Management Overlay (BMO) ensures that careful consideration is given to development applications in areas considered a high bushfire risk.

The BMO triggers the need for a Planning Permit for certain developments and requires that new developments implement appropriate bushfire protection measures.

See the Bushfire Management Overlay for types of development and subdivision that require a Planning Permit.

Useful information for when preparing your application:

My property has never flooded- why does the Flood Overlay (FO) or Land Subject to Inundation (LSIO) affect my property?

The Floodway Overlay (FO) identifies land in in both rural and urban areas that, during a flood event, would allow the passage of flood waters or the store flood waters.

The Land Subject to Inundation Overlay (LSIO) have a lower flood risk than FO areas.

The FO and LSIO require a Planning Permit for certain developments and the subdivision of land.

You should seek advice from the Water Catchment Management Authority (Wimmera CMA) before you apply for a Planning Permit if these overlays partly or fully impact your property.

What does the Heritage Overlay (HO) mean for my property?

A Heritage Overlay (HO) is used to protect sites that have heritage value, meaning that individual buildings or whole precincts may be covered.

Common reasons for needing a planning permit in a Heritage Overlay, include:

  • subdivide or consolidate land
  • demolish or remove a building (including part of a building)
  • construct a building (including part of a building, or a fence)
  • externally alter a building
  • construct or carry out works
  • construct or display a sign

Can I discuss the development potential of a property with a Council Planner?

Council offers a Planning pre-application health check service. This allows you to book a meeting with a Council Planner or Planning assistant and gain valuable feedback prior to the application being formally lodged, subject to availability of appropriate staff.

To request a pre-application appointment, please email development@hindmarsh.vic.gov.au
Include your name and best contact details (mobile phone and email address), the address of the property to which your proposal relates and any other details you may already have relating to your proposal.

Pre-application appointments will be subject to Officer availability.

Do I need an architect or draftsperson to draw my proposed plans?

Council encourages all plans be drawn by an architect or draftsperson and be of a professional standard. Plans must include all the required information and be drawn to scale. 

The plans should show:

  • details of construction materials and colours (ie: Basalt Colourbond)
  • the height and length of walls, including to the apex of the building from natural ground level
  • the slab or footing details
  • the dimensions of windows and their height above natural ground level

Are there easements affecting my property and can I build on or close to these?

To obtain details of any easements located on your land, check the Certificate of Title and any associated Plan of Subdivision. 

Common easements include drainage and sewerage easements however, this is not always the case. 

A service authority or any other party may also have “implied easement rights” over the property (e.g. a water asset not specifically covered by an existing easement on the Plan of Subdivision of the title).