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Understanding the Planning and Approval Process in Melbourne

Understanding the Planning and Approval Process in Melbourne

Melbourne’s skyline is constantly evolving, driven by a robust development sector that seeks to balance growth with the city's unique character. For developers, navigating the planning and approval process is a critical step towards bringing their projects to life. This blog will break down the key stages involved in getting a development project approved in Melbourne, providing insights into the steps necessary to move from concept to construction.

 

Pre-Application Phase

The planning and approval process begins long before a formal application is submitted. During this pre-application phase, developers typically engage in preliminary research and consultations to understand the feasibility of their project. This stage may include:

  • Site Analysis: Evaluating the site’s zoning, overlays and any specific planning controls or restrictions that may impact the proposed development.
  • Community and Stakeholder Engagement: Engaging with local communities and stakeholders to gauge support, identify potential concerns and refine the project’s design in response to feedback.
  • Pre-Application Meetings: Meeting with council planners to discuss the proposal, gain insights into the council’s expectations and clarify any potential issues before lodging a formal application.

 

Preparing the Planning Permit Application

Once the initial groundwork is laid, the next step is to prepare and submit a planning permit application. This is a detailed process that requires careful documentation to ensure that all aspects of the proposal comply with relevant planning regulations. Key components of a planning permit application typically include:

  • Development Plans: Detailed architectural drawings, including site plans, elevations and floor plans, which outline the scope and design of the proposed development.
  • Supporting Documents: Reports and studies that may be required to assess the impact of the development, such as traffic, environmental, heritage and arborist reports.
  • Planning Report: A comprehensive report that explains how the proposal aligns with the relevant planning scheme, including zoning requirements, overlays and any specific local policies.


Council Assessment

Once the application is lodged, the local council begins the assessment process. This involves:

  • Public Notification: Depending on the scale and nature of the development, the council may require public notification, where neighbours and other stakeholders are informed of the proposal and invited to submit feedback or objections.
  • Referral to Authorities: The council may refer the application to various authorities, such as VicRoads, Melbourne Water or heritage bodies, depending on the project’s specifics.
  • Assessment Against Planning Scheme: Council planners assess the application against the Melbourne Planning Scheme, considering factors such as land use, design, amenity impacts and compliance with strategic policies.

 

Decision Making

After the assessment, the council will make a decision on the planning permit. There are three possible outcomes:

  • Permit Granted: If the proposal is deemed to comply with the planning scheme and any objections are satisfactorily addressed, the council may grant a planning permit, possibly with conditions attached.
  • Permit Refused: If the proposal does not comply with planning controls or if there are significant unresolved issues, the council may refuse the application.
  • Request for Further Information: The council may request additional information or amendments to the proposal before making a final decision.

 

Appeals and Reviews

If the permit is refused or if conditions are imposed that the developer finds unacceptable, there is an opportunity to appeal the decision. This is done through the Victorian Civil and Administrative Tribunal (VCAT). The appeals process involves:

  • Lodging an Appeal: Submitting an appeal to VCAT within 60 days of the council’s decision.
  • VCAT Hearing: A hearing is scheduled for the developer, council and any objectors can present their case.
  • VCAT Decision: VCAT will review the case and either uphold the council’s decision, overturn it or modify the conditions attached to the permit.

 

Post-Approval Compliance

Once a planning permit is granted, the developer must comply with all conditions attached to the permit. This may include:

  • Detailed Design and Construction Plans: Submitting detailed construction drawings and engineering plans to the council for endorsement.
  • Compliance with Conditions: Ensuring that all conditions are met during the construction phase, including any environmental or heritage preservation requirements.
  • Obtaining Building Permits: Before construction can commence, a building permit must be obtained to confirm that the design complies with the Building Code of Australia and other relevant regulations.

 

Commencement of Construction

With all necessary permits in hand, construction can begin. Throughout the construction phase, developers must ensure ongoing compliance with all relevant permits, conditions and regulations. Regular inspections may be conducted by the council to ensure that the project is proceeding as approved.

The planning and approval process in Melbourne is complex, involving multiple stages of assessment, consultation and compliance. Understanding this process is essential for developers to navigate the regulatory landscape effectively and bring their projects to fruition. By engaging early with council planners, community stakeholders and relevant authorities, developers can streamline the approval process and contribute positively to Melbourne's urban growth.

 

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The information provided on our website, blogs, social media, and any affiliated websites, is general information from opinions generated from research, information and personal experiences pertaining to the relevant topic. They are intended to provide insights and information on the related topics and not provided to be the entire source of information for individuals. Individuals are encouraged to source further information from real estate professionals and affiliates. Information should not be regarded as legal or real estate advice. The materials are provided for informational purposes only and do not constitute legal advice or should not be solely relied upon for legal advice. Every effort is made to ensure the information is reliable and up to date. 

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