The Ins And Outs Of Town Planning: Part 1

Town planning and the securing of associated permits can be complex territory. That’s why we’ve written this guide: to help you work out whether you need a planning permit for your project, and understand what you need to do to begin the process of obtaining one. Read on to get started. 

Town Planning Basics

What is a planning permit?

A planning permit is a legal document that gives permission for a use or development on a particular site.

There are different types of permits, and the type you need depends entirely on the rules that apply to your site and location. You may need to apply for a new permit, or your site may already have some form of planning permission in place.

If this is the case, you will have to apply for an amendment to the existing permit, and may have to apply for a change of use.

Do I need a permit for my project?

In most circumstances building or renovating a home does not require a planning permit.

There are some clear exceptions. For example, if your site is less than 300 (or in some zones, less than 500) square metres, you will need a planning permit.

Other exceptions are less clear. There may be controls applicable to your site that trigger the need for planning permission.

If you have any questions about this, please phone us on 0439 991 887, or email me, Harriet Lammin at hl@jdaarchitects.com.au. We’ll do our best to help you.

How Town Planning Works

Zones

Local Councils work within the framework of state-wide planning law to develop specific Planning Schemes for their municipalities.

There are many zones, and each zone has its own set of provisions and guidelines detailing which developments and activities require a planning permit.

A zone can have several schedules attached to it so there can be different rules within the same zone. It is important to check the particular requirements of the schedule that applies to your property. It will depend on where your property sits within the zone.

Overlays

Many properties are also subject to overlays, and there can be more than one attached to your site. These can include Environmental and Landscape Overlays, Heritage and Built Form (Design) Overlays, Land Management Overlays such as flooding and bushfire and other more specific overlays.

If an overlay applies to your property, it will increase the likelihood for a planning permit requirement and there will be specific rules that apply.

Your proposed plans must comply with the mandatory requirements of the zone and any applicable overlays. For example, if your property sits within a flood overlay, even minor alterations will require a planning permit approval.

Rescode

In Victoria the Residential Development Standards (or Rescode) apply to all land zoned for residential use and covers buildings up to three storeys in height.

Rescode rules apply regardless of the particular requirements of the zone or overlay that your property sits within.

The provisions relating to a building’s design such as its position on the site, minimum setbacks from front, side and rear boundaries, site coverage and on-site amenity generally apply in all residential zones.

Provisions for preserving neighbourhood character are different for every site.

How To Find Out What You Need To Know

How Do I Find Out What Rules Apply To Me?

The first step is to find out what rules apply to your site.

1. The Victorian Government and local Councils publish resources about town planning. See what you can find out about the zone that applies to your site.

2. Call your local Council and ask whether there are any existing permits applicable to your site address and what overlays apply. 

I need a Planning Permit. What do I do now?

If you need a permit, you have to prepare an application for a Planning Permit and submit it to your local Council for approval.

There are several aspects to preparing an application for a town planning permit. The process is affected by many variables and can be straightforward or extremely complex depending on the rules that apply to your site, and what you are aiming to achieve.

Success depends on understanding the specific requirements of the local Council planning controls that apply to your property.

It is wise to obtain some professional advice on understanding the Planning Scheme and preparing an application.

Key Elements Of A Planning Application

Application Drawings

Project drawings form the core of every town planning application. It is best to think of the drawings as a design process. At the start of the process there are three separate but related components to consider:

(1) The site itself, (2) Your aspirations for the site, and (3) The planning controls that apply to your site.

The design process should integrate these separate components into a set of plans for a building. Do not underestimate the significance of working through this phase.

Development controls can dictate building height, open space provision, vehicle accommodation, boundary setbacks and material selection, just to name a few. If you don’t research these first, you may be designing something that can’t be built.

You are more likely to get what you want (steady progress to approval, great building at the end) if you work with a professional who is experienced in both architectural design and preparing local town planning applications. Their design skills will help you achieve your aspirations while making the most of your site. Their town planning experience will ensure you get a set of drawings (not too many or too few) that present your project to the town planners and helps them assess compliance.

Design Response

As well as plans and elevations of the new and existing buildings (for alteration and additions during the process), you will need to demonstrate how your proposal complies with the planning scheme requirements.

For residential property, the planning scheme generally relates to the preservation of neighbourhood character and the continued enjoyment of amenity for adjoining and nearby property owners. These provisions fall under Rescode in Victoria (see page 6) and are different for every site so it is important to present an application that responds directly to the expectations for your site.

An experienced design professional with knowledge of the controls and the process can assist you in preparing and lodging a suitable application that meets the requirements of your specific Council. They should also be well-placed coordinate the input of additional experts with local knowledge who may be required to contribute specialised components of the application.

In addition to a set of design drawings, supporting documentation may include the following:

• Town Planning Report (prepared by a Town Planning Consultant) that provides background information on the design proposal and how it relates to the council’s Neighbourhood Character description;

• Water Sensitive Urban Design response;

• Sustainable Design Assessment;

• Waste Management Report

• Traffic Assessment (for development sites).

Landscape plans will also be required to show the proposed design of garden areas and planting. These need to be prepared by a qualified Landscape Designer.

When you have gathered all your design drawings and reports, it’s time to lodge your town planning application and wait for Council to respond.

In our next blog, ‘The Ins and Outs of Town Planning: Part 2’, we will go through the process of lodging the application and look at the next steps.

JDA Lammin Architects are residential architects with specialised local experience in the Bayside area. With in-depth knowledge of town planning procedures and a strong track record in assisting our clients in this arena, we’re able to go further than many other architecture firms in helping your project succeed.

If you have questions about town planning, please phone us on 0439991887, or email me, Harriet Lammin at hl@jdaarchitects.com.au. We will do the best we can to help you.