Prepare

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.

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.

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.

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.

• 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)

• 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.

• 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

• 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

• Dividing land or a building into two or more separate lots

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:

• Access a current Certificate of Title or planning certificate at www.landata.vic.gov.au
• Search for planning information, including zones, overlays and maps, about a property, land parcel or crown land and download a detailed Planning Property Report www.planning.vic.gov.au/schemes-and-amendments/planning-report-search
• Visit the planning maps online section of the Department of Environment, Land, Water and Planning (DELWP) website www.planning.vic.gov.au

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 

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

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:

• Bushfire Planning and Design Accredited Practitioners
• Department of Environment, Land, Water & Planning - Bushfire Managment Plan Information

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.

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

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.

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

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).