Apply for a planning permit

1.Overview

It is recommended that you consult Council's Planning Department early in the process of preparing an application to ensure you are aware of all submission requirements.  Council cannot process an application until all relevant information has been submitted.

2.Applying for a Planning Permit

There are two streams of planning permit applications: 

  • Those assessed under the standard planning process
  • Those assessed under the VicSmart planning provisions  

It is important that you understand which type of application you need to apply for as the application form and information that is required to be submitted with your application will be different.  Applications meeting the VicSmart criteria are generally simple applications and have a 10 day assessment timeframe.

Please refer to the General Planning Application checklist to ensure you have all relevant documents when submitting an application. 

3.Applying for a Subdivision

Subdivision applications can be prepared online using SPEAR and lodged with the Colac Otway Shire.  SPEAR offers end to end processing and tracking of applications including lodgement, referrals, public viewing, Council determination, and Victorian Civil and Administrative Tribunal (VCAT) appeals.

SPEAR is linked directly to Planning Schemes and Planning Maps online, assisting applicants by allowing them to confirm property details and check documents, thereby minimising application errors.

Council's Planning Department would like to encourage you to lodge your subdivision application via SPEAR.  Not only will it allow you to see the status of an application anytime, the State Government has determined that the processing times for applications lodged on SPEAR are 30% less than those lodged in the normal way.  This is because key steps in the process, such as referrals, can occur with the click of a button instead of following the traditional hard copy mail process.

For more information about submitting an application for subdivision contact the Planning Department on 5232 9400.

4.Amendments to your Planning Permit

Under Section 72 of the Planning & Environment Act 1987 an application may be made to amend most planning permits.  Amendments can be sought to:

  • alter endorsed approved plans
  • remove or change planning permit conditions
  • change the use or development for which the permit was issued
  • extend the life of a permit

If the amendment to the approved plans is relatively minor, you may be able to apply under secondary consent if it is considered the changes would be unlikely to cause detriment to other properties or affect the interest of a referral authority.

 You are encouraged to speak with a planner about whether your proposed amendment could be considered under secondary consent or if you are required to submit an application to amend the permit.  Contact Council's Planning Department on 5232 9400.

Extension of Time for a Planning Permit

Before a planning permit expires, or within six months afterwards, the owner or occupier of the land to which the permit applies may ask Council for an extension of time to the life of the permit.

5.Planning Application Fees

 Please refer to Council's Planning Permit Application Fees(DOCX, 52KB) which provides information about the cost of submitting applications.  You can contact the Planning Department on 5232 9400 for further assistance.

6.Section 173 Agreements

Section 173 Agreements are a legal document that are binding on the Council and on all other parties to the Agreement.  All Section 173 Agreements submitted to the Council will be reviewed by Council's legal representatives. This review process is in line with the practice of other Victorian Councils.

A Section 173 Agreement template(DOCX, 45KB) has been provided for your assistance, appropriate use of this template will minimise the cost of the review.  Once a S173 Agreement is ready for signing, a Section 181(DOC, 25KB) form will need to be submitted also to lodge the Agreement with the Titles Office.

Any reasonable costs and expenses, including legal expenses, incurred by Council in association with a S173 Agreement must be borne by the applicant. This will include the cost of any review undertaken. This is consistent with the requirement of conditions placed on planning permits.

If you need to amend or end a S173 Agreement, you will need to complete an  application form(PDF, 32KB) and submit to Council for review.

If you have any enquiries concerning this matter please contact the planning department on 5232 9400 or download the Section 173 Agreement checklist(PDF, 1MB) which provides information on the process.

All of the Statutory Planning Checklists can be accessed on the Planning Links and useful resources page.