Apply for a siting variation

Step 1.Talk to an expert

This process only relates to the regulatory provision associated with the application, no other considerations are given with regard to the design.

Before applying, we recommend talking to an expert such as a building surveyor or design professional to ensure you have correctly identified any areas of non-compliance, to ensure that the siting variation process is required, and to ensure you fully understand associated guidelines. 

In some cases, your building surveyor will direct you to obtain consent through the ‘Planning and Environment Act’ which may include a planning permit, planning permit amendment, or secondary consent.

Step 2.Review Ministers Guidelines and the Neighbourhood Character Guidelines

You will be required to respond to the Ministers Guidelines and the Neighbourhood Character Guidelines/Statement showing that your proposal is consistent. It is important to understand that if the proposal is not consistent that Council is required to refuse the application.

https://www.frankston.vic.gov.au/files/assets/public/v/1/planning-and-building/building/pdfs/ministers-guideline-mg-12-effective-14dec2023.pdf

https://www.frankston.vic.gov.au/Planning-and-Building/Planning/Neighbourhood-Character-Guidelines

Step 3.Talk to your neighbours

If your proposal is likely to impact adjoining properties, you will need to provide nearby property owners with the opportunity to comment on your design plans. You will need to record these comments, and submit a completed Adjoining Owners Comment form(PDF, 234KB) with your application.

Step 4.Write a cover letter

You must include a cover letter with your application. The letter needs to demonstrate:

• what the required dimension is and what your proposed dimension is (this should also be highlighted on drawings submitted)
• how the proposal will meet the Minister’s Guidelines MG-12 and is consistent with the Neighbourhood Character Guidelines/Statement
• which neighbours have been consulted and their response to the proposal

Step 5.Prepare your application

Your application must include:

• A recent copy of the Certificate of Title and Plan of Subdivision, including any restrictions such as a Section 173 Agreement. You can obtain a Certificate of Title from the Landata website.
• A copy of architectural drawings highlighting relevant non-compliance matters.
• A cover letter.
• Adjoining owners comment form (if required).

Step 6.Download the application form

Download and complete the Application for a Report and Consent Form(PDF, 335KB).

Step 7.Submit your application

Send your completed form and supporting documents to:

info@frankston.vic.gov.au

Step 8.What happens next?

We will contact you to pay the relevant fee and let you know the outcome of your application.

We may visit the site or contact you to request additional information. It is important to submit clear information and to ensure that you have correctly responded to the Guidelines to avoid lengthy delays and/or refusal of your application.

If you'd like to appeal a decision, visit the Building Appeals Board (BAB) website for more information.

Step 1.Talk to an expert

This process only relates to the regulatory provision associated with the application, no other considerations are given with regard to the design.

Before applying, we recommend talking to an expert such as a building surveyor or design professional to ensure you have correctly identified any areas of non-compliance, to ensure that the siting variation process is required, and to ensure you fully understand associated guidelines. 

In some cases, your building surveyor will direct you to obtain consent through the ‘Planning and Environment Act’ which may include a planning permit, planning permit amendment, or secondary consent.

Step 2.Review Ministers Guidelines and the Neighbourhood Character Guidelines

You will be required to respond to the Ministers Guidelines and the Neighbourhood Character Guidelines/Statement showing that your proposal is consistent. It is important to understand that if the proposal is not consistent that Council is required to refuse the application.

https://www.frankston.vic.gov.au/files/assets/public/v/1/planning-and-building/building/pdfs/ministers-guideline-mg-12-effective-14dec2023.pdf

https://www.frankston.vic.gov.au/Planning-and-Building/Planning/Neighbourhood-Character-Guidelines

Step 3.Talk to your neighbours

If your proposal is likely to impact adjoining properties, you will need to provide nearby property owners with the opportunity to comment on your design plans. You will need to record these comments and submit a completed Adjoining Owners Comment form(PDF, 234KB) with your application.

Step 4.Write a cover letter

You must include a cover letter with your application. The letter needs to demonstrate:

• what the required dimension is and what your proposed dimension is (this should also be highlighted on drawings submitted)
• how the proposal will meet the Minister’s Guidelines MG-12 and is consistent with the Neighbourhood Character Guidelines/Statement
• which neighbours have been consulted and their response to the proposal

Step 5.Prepare your application

Your application must include:

• A recent copy of the Certificate of Title and Plan of Subdivision, including any restrictions such as a Section 173 Agreement. You can obtain a Certificate of Title from the Landata website.
• A copy of architectural drawings highlighting relevant non-compliance matters.
• A cover letter.
• Adjoining owners comment form (if required).

Step 6.Download the application form

Download and complete the Application for a Report and Consent Form(PDF, 335KB).

Step 7.Submit your application

Send your completed form and supporting documents to:

Frankston City Council
PO Box 490
Frankston 3199

Step 8.What happens next?

We will contact you to pay the relevant fee and let you know the outcome of your application.

We may visit the site or contact you to request additional information. It is important to submit clear information and to ensure that you have correctly responded to the Guidelines to avoid lengthy delays and/or refusal of your application.

If you'd like to appeal a decision, visit the Building Appeals Board (BAB) website for more information.

Step 1.Talk to an expert

This process only relates to the regulatory provision associated with the application, no other considerations are given with regard to the design.

Before applying, we recommend talking to an expert such as a building surveyor or design professional to ensure you have correctly identified any areas of non-compliance, to ensure that the siting variation process is required, and to ensure you fully understand associated guidelines. 

In some cases, your building surveyor will direct you to obtain consent through the ‘Planning and Environment Act’ which may include a planning permit, planning permit amendment, or secondary consent.

Step 2.Review Ministers Guidelines and the Neighbourhood Character Guidelines

You will be required to respond to the Ministers Guidelines and the Neighbourhood Character Guidelines/Statement showing that your proposal is consistent. It is important to understand that if the proposal is not consistent that Council is required to refuse the application.

https://www.frankston.vic.gov.au/files/assets/public/v/1/planning-and-building/building/pdfs/ministers-guideline-mg-12-effective-14dec2023.pdf

https://www.frankston.vic.gov.au/Planning-and-Building/Planning/Neighbourhood-Character-Guidelines

Step 3.Talk to your neighbours

If your proposal is likely to impact adjoining properties, you will need to provide nearby property owners with the opportunity to comment on your design plans. You will need to record these comments and submit a completed Adjoining Owners Comment form(PDF, 234KB) with your application.

Step 4.Write a cover letter

You must include a cover letter with your application. The letter needs to demonstrate:

• why your proposal cannot comply with the Building Regulations
• how the proposal will meet the Minister’s Guidelines MG-12.

Refer to the Minister Guidelines for tips on writing a cover letter.

Step 5.Prepare your application

Your application must include:

• A recent copy of the Certificate of Title and Plan of Subdivision, including any restrictions such as a Section 173 Agreement. You can obtain a Certificate of Title from the Landata website.
• A copy of architectural drawings highlighting relevant non-compliance matters.
• A cover letter.
• Adjoining owners comment form (if required).

Step 6.Download the application form

Download and complete the Application for a Report and Consent Form(PDF, 335KB).

Step 7.Submit your application

Lodge your application at one of our Customer Service Centres.

Frankston Civic Centre
30 Davey Street
Frankston

Seaford Community Centre
1/6 Broughton Street
Seaford

Langwarrin Customer Service Centre
Shop 6, Gateway Shopping Centre
230 Cranbourne-Frankston Road
Langwarrin

Step 8.What happens next?

We will contact you to pay the relevant fee and let you know the outcome of your application.

We may visit the site or contact you to request additional information. It is important to submit clear information and to ensure that you have correctly responded to the Guidelines to avoid lengthy delays and/or refusal of your application.

If you'd like to appeal a decision, visit the Building Appeals Board (BAB) website for more information.