Planning permit. Do you need one?

If you've decided to build and you're staring at words like planning permit, development application, and Design and Development Overlay wondering where to start, you're in the right place.

This covers what a planning permit is, when you need one, how the Victorian planning permit process works, and how RD Building Design can take most of it off your plate.

Can I build?

A planning permit and a building permit are not the same thing

This is the most common source of confusion for anyone starting a building project in Victoria.

A planning permit is issued by your local council under the Planning and Environment Act 1987. It covers what can be built on a piece of land and how it relates to the street and surrounding neighbourhood.

A building permit is a separate approval issued by a registered building surveyor under the Building Act 1993. It covers construction: whether the building is structurally sound and complies with the National Construction Code. Your building surveyor cannot issue a building permit until any required planning permit is already in place.

For many residential projects in Victoria, you will need both. The planning permit comes first.

When do you actually need a planning permit?

Whether your project requires a planning permit depends on your land's zone and any overlays that apply to it.

There is no single rule that covers every situation, which is why a conversation with someone who reads planning schemes regularly is worth having before you commit to a timeline.

VicSmart and standard planning permits

When a planning permit is required, your development application goes through one of two processes.

VicSmart generally applies to low-impact applications such as boundary realignments, minor building works and certain subdivisions. Council has 10 business days to decide and the application is not publicly advertised, so there is no objection period.

The standard planning permit process applies to most residential development applications. Council has 60 statutory days to decide, though timelines vary considerably by council and by the complexity of the application. Standard applications are advertised, so neighbours are notified and can object. A skilled Building Designer can draft an application that anticipates likely concerns and gives council everything it needs to decide.

RD Building Design can confirm which process applies before you prepare documentation for the wrong one.

What goes into a Townplanning application

A Townplanning application requires a clearly drawn plans showing existing site conditions, property boundaries, and proposed works drawn to scale. Depending on your council, zone, and overlays, you may also need a planning report or other supporting documents. Getting this right at lodgement avoids a request for further information that can add weeks to your timeline.

Because RD Building Design prepares the documentation, they can ensure a seamless transition between the planning permit and building permit stages.

Empty plot in Melbourne's western suburbs ready for building

Custom new home design drawing for Melbourne property

The process

Pre-application

A meeting with council before lodgement can surface issues early, which is worth doing for sites within a DDO or other overlay.

Lodgement

Your development application is submitted with all required documentation and the applicable fee. Assessment. Council reviews the application against the planning scheme, contacts any referral authorities required, and manages the objection period if the application is advertised.

Decision

Council issues a planning permit, a notice of decision, or a refusal. Conditions are common and manageable. Building permit. Once your planning permit is in hand, your building surveyor can issue the building permit and oversee the construction phase.

Building permit

Once your planning permit is in hand, documentation for the building permit can commence.

What happens if council says no

A refusal is not the end of the road. The Victorian Civil and Administrative Tribunal (VCAT) is the independent appeals body that reviews planning decisions across Victoria. If your application is refused, or if permit conditions are unacceptable, you have 60 days from the decision date to apply for a VCAT review.

VCAT considers the application from the beginning, independent of the original council decision. Most applicants never need it, because a well-prepared development application gives council what it needs to approve the project from the start. RD Building Design works with experienced town planners who build applications that perform at council and can represent your project at VCAT if it comes to that.

RD Building Design handles this every week

Managing planning permit applications across Melbourne's western suburbs is a regular part of what we do. We prepare the site plan and architectural documentation, coordinate with town planners and your building surveyor, and keep the process moving on your behalf.

Imagine reaching the point where your planning permit is approved and your builder is ready to go, with the paperwork and the council correspondence handled. That's what working with RD Building Design looks like.

Ready when you are

Most planning permit questions have straightforward answers once someone looks at your specific site and what you're proposing to build. Book a free initial conversation with Rhys and leave with a clear picture of what your project actually needs.

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