Step 5 - Decision
Permit refused
Frankston City Council as the Responsible Authority, have assessed and determined a planning application. The determination is a Refusal to Grant a Planning Permit.
The reasons or grounds for the decision are contained in a "Notice of Refusal", which is provided to all applicants and objectors. A copy of the accompanying report, which contains a full assessment of the application and a discussion of all relevant issues, is also forwarded to the applicant.
A copy of the delegate officer's report will be available to any party who has made a submission to the application on request, for a limited period of 60 days following the date of the Notice of Refusal.
There may be occasions when an applicant does not agree with the decision to Refuse to Grant a Planning Permit. In these circumstances, an applicant is able to appeal a refusal to the Victorian Civil and Administrative Tribunal (VCAT).
To request a copy of a delegate report within the specified time frame, please contact a member of the Planning Support Team.
Permit issued with Conditions
Frankston City Council as the Responsible Authority, have assessed and determined a planning application. The determination is to grant a Planning Permit.
A Planning Permit is forwarded to the applicant.
Most Planning Permits contain conditions and these set out the way in which a development or a particular use of a parcel of land must proceed and continue. Conditions place obligations on developers and owners to undertake or abide by certain items that are considered important.
Conditions are placed on planning permits as a result of consultation with different Council departments, each with their own area of expertise. Sometimes, conditions are required to be placed on a planning permit at the request of a Referral Authority. A referral authority is a statutory or government body that is responsible for a particular area of concern. For example, Vic Roads is responsible for the maintenance and upkeep of major roads such as Nepean Highway and may require certain items to be undertaken if a developer is working within or making alterations to the road.
There may be occasions when an applicant does not agree with a condition or conditions that Council or a referral authority has placed on a planning permit. In these circumstances, an applicant is able to appeal the condition or conditions of concern, to the Victorian Civil and Administrative Tribunal (VCAT).
Accepts
Frankston City Council as the Responsible Authority has made a decision. That decision has been accepted by all parties.
In these circumstances, what happens next largely depends on the decision that has been made.
If Council has issued a Refusal to Grant a Planning Permit, nothing further is required to be done. Sometimes, applicants who are keen to develop a site will redesign their proposal to take into account the concerns and issues previously raised and resubmit a new Planning Application, effectively beginning the planning process over again.
If Council has issued a Planning Permit, there may be a requirement for amended plans to be submitted and approved before a development or use can begin. This is commonly requested under Condition 1 of a Planning Permit, though an applicant must check the full permit carefully as there are often other requirements under separate conditions requiring action prior to the commencement of a development or land use.
Not all Planning Permits have conditions or requirements for plans.
In cases where there are plans, once approved by Council these become known as the "Endorsed Plans" and form part of the Planning Permit. A developer/owner is obligated to abide by the endorsed plans as well as the planning permit conditions. A Planning Permit and any endorsed plan under that permit, is able to be viewed by the public.
Appeals
It is possible to lodge an appeal against a Council decision, as well as other items which may be of concern throughout the planning process.
Appeals must be lodged with the Victorian Civil and Administrative Tribunal, commonly referred to as VCAT. The appeal process allows the person lodging an appeal, to ask for a review of Council's decision.
Appeals can sometimes be a lengthy process, as it is necessary to wait for a hearing date before the matter can be heard in full by a tribunal member. Depending on the caseload of VCAT at the time, this can sometimes be a matter of months.
Any party who has made a submission to an application will be notified of an appeal and can choose whether to make a further submission to the tribunal and whether or not to attend any hearing. Hearings can vary in length depending on the nature and complexity of the matter being heard, as well as the number of parties who wish to address the tribunal.
It is common for the tribunal member hearing the appeal, to reserve their decision. This means that a decision on the matter may not be given on the day but may follow in the weeks after. Some members may wish to visit the site in question, before finalizing their decision. The length of time it takes for a reserved decision to be made largely depends on the presiding member's caseload. Each decision is accompanied by a detailed summary of the arguments and the reasons for the final VCAT decision.
Should you wish to lodge an appeal or find out about the current status of a lodged appeal, please contact the Planning and Environment List at VCAT on (03) 9628 9777. Further information, including current fees and the forms necessary to lodge an appeal, can be obtained from VCAT.
Extend planning permit
Most Planning Permits specify the dates within which a development or a particular use must begin or be completed. These time periods will vary, depending on the nature of the Planning Permit. For example, larger developments may have a longer period within which to complete the development.
There will be some cases where no expiry date is stated on the planning permit. For these permits, the relevant legislation (the Planning and Environment Act 1987) will provide the relevant expiry dates.
The Responsible Authority, has the right to consider a request for an extension to these periods, provided that a request is made prior to the permit expiry or within three months of the expiry date. In the event a request is received outside of that time, irrespective of the reason, the request must be refused as Council no longer has the authority to grant an extension. In such cases, the person making the request may either choose to lodge a new planning application, or lodge an appeal against the refusal to the Victorian Civil and Administrative Tribunal. Unlike Council, VCAT has the legislative power to consider a request for a time extension, notwithstanding that it has been made out of time.
Extensions of Time are not automatically granted. In considering whether it is appropriate to grant such a request, Council will consider matters such as the zoning of the land and whether there has been any material change in Council Policy since the permit was originally granted. Further, the applicant must demonstrate a willingness to act on the planning permit within a reasonable time frame and is required to provide justification as to why the request should be granted.
Extensions of Time can be requested by way of letter, or by using one of Council's forms on the Town Planning Forms page.
The current applicable fee can also be obtained by following the above link.
Amend planning permit
It is possible to request to Amend a Planning Permit. Amending a Planning Permit may alter the permit preamble (or what the permit allows) or it may change or remove Planning Permit conditions.
The process for Amending a Planning Permit is the same as a Planning Permit application. The relevant form is required to be completed, along with payment of the current fee. Supporting documentation for the amendment must also be provided. The application may be notified to the adjoining property owners and occupiers, who will have the right to make submissions on the proposed amendment.
As with a Planning Application, the Responsible Authority has the right to grant or to refuse an Application to Amend a Planning Permit. Applicants and objectors are notified of decisions in the same way as a Planning Application and a copy of the accompanying report, containing a full assessment of the application and a discussion of all relevant issues, can also be obtained for a limited time by calling the Town Planning Department on 03 9784 1733.
In the same way that decisions on planning applications can be appealed, so can a decision to grant or refuse to Amend a Planning Permit Application. Again, appeals must be lodged with the Victorian Civil and Administrative Tribunal, along with the relevant forms and fees.
Should you wish to lodge an appeal or find out about the current status of a lodged appeal, please contact the Planning and Environment List at VCAT on 03 9628 9777. Further information, including current fees and necessary forms can be obtained from VCAT.
For further infomation contact Town Planning Department on (03) 9784 1733 or 1300 322 322 or via e-mail correspondence@frankston.vic.gov.au