Planning Frequently Asked Questions
Please see below some frequently asked questions about Planning Permits.
What is the difference between a planning permit and a building permit?
A Planning Permit is a legal document that gives permission for the use or for development on a particular piece of land under the Frankston Planning Scheme.
A Building Permit is required for most building works, for the change of use of a building (e.g. dwelling to a boarding house, shop to an office etc.), for new buildings and structures, (e.g. fence) and dwelling alterations. The assessment generally involves consideration of the structural integrity of buildings and structures, and is generally assessed in accordance with the Building Act and the Building Regulations.
If you require both permits, you must get the planning permit first before applying for the building permit.
What are zones and overlays?
The planning scheme zones are applied to ensure land is assigned for particular uses, for example, residential, industrial, commercial or other purposes. The zone description in the Frankston Planning Scheme also contains information relating to land uses, subdivision of land, construction of new buildings and other changes to the land.
The planning scheme map may show that a piece of land has an overlay as well as a zone affecting it. An overlay applies another layer of planning controls to a parcel of land.
Not all land has an overlay and some land may be affected by more than one overlay. If an overlay applies, the land will have some special feature of interest, such as a bushfire risk, heritage building, significant vegetation or flood risk. The overlay information will indicate if a planning permit is required for the construction of a building or for other changes to the land.
Can I re-zone my land?
If you wish to change the zone to your land, you need to request a rezoning from Council. Rezoning must follow a particular process and has to be approved by the Minister for Planning. Rezoning is treated as an amendment to the Frankston Planning Scheme.
The first step in contemplating a rezoning of your property is to talk to the Strategic Planning team.
Zones apply to land are based on assessments that include consideration of the surrounding land use, patterns of developments and environmental characteristics.
If you wish to rezone your land, you will be required to justify why an Amendment to the Planning Scheme should be changed.
Do I need a Planning Permit to remove or prune/lop or destroy a tree?
A planning permit may be needed if you are going to remove, prune, lop or destroy a tree (including dead vegetation/trees).
It is recommended that you contact Council's Planning department to determine if permission is required to remove a tree.
Do I need a Planning Permit to construct one dwelling?
A planning permit is not always required to construct one dwelling. Whether a planning permit is required depends on the zones and overlays that apply to the land.
It is recommended that you contact Council's Town Planning department to determine if planning permission is required.
Do I need a Planning Permit for a second dwelling?
A planning permit is required to construct a second dwelling on a site. This will depend on the relevant zone and overlays to determine whether a planning permit is required. It is recommended that you check your title to ensure there is no covenant or restriction that may prohibit a second dwelling.
Do I need a Planning Permit to construct a Dependant Persons Unit/Granny Flat?
A dependent person’s unit is defined in the Planning Scheme as a “moveable building on the same lot as an existing dwelling and used to provide accommodation for a person dependent on a resident of the existing dwelling.” These are sometimes known as “granny flats”.
It is recommended that you contact Council's Planning department to determine if permission is required
Do I need a Planning Permit for Home Based Business?
A Home Based Business is a small business that is conducted in a dwelling or on the land around a dwelling by a resident of the dwelling.
No Planning Permit is required to conduct a Home Based Business from an existing dwelling in any residential or rural zone of the Frankston Planning Scheme, provided you meet the requirements of the Frankston Planning Scheme.
What will the street numbering be for my new property?
Council is responsible for the allocation of street numbers and the addressing of all properties in accordance with the Local Government Act 1989 and the Rural and Urban Addressing Standards (AS/NZS 4819:2011)
For more information on the street numbering allocation, please refer to the ‘Street numbering and Address Allocation – Permits and Subdivisions(PDF, 422KB) ’ Fact Sheet. Alternatively, you can contact Council’s Revenue Department on 1300 322 322 and speak with the Street Numbering Officer.
I want to obtain a Liquor Licence; do I need a Town Planning Permit?
There are many types of liquor licences. Most require planning permission prior to obtaining a liquor licence from the Victorian Commission for Gambling and Liquor Regulation (VCGLR).
A Planning Permit is usually required for:
- The establishment of a new liquor licence premises
- A different licence, or category of licence from that which is in force
- If the hours of trading allowed under any licence are to be extended or varied
- If the number of patrons allowed under any licence are to be increased
- If the ‘red line’ (licensed area) is being extended
For more information, visit the Victorian Commission for Gambling and Liquor Regulation (VCGLR) website.
Do I need a Planning Permit to erect Advertising Signage?
Advertising Signage may require a Planning Permit depending on the zoning of the site, and the location, type and size of signage proposed.
Can I subdivide my land? Is there a minimum lot size? Do I need to pay a Public Open Space levy?
In most instances you require a planning permit to subdivide land.
It is recommended that you check your title to ensure there is no covenant or restriction that may prohibit subdivision.
The minimum lot size requirements will depend on the zone and overlays that apply to the site.
A public open space levy payment to Council may be required from the person who proposes to subdivide the land. This contribution levy is calculated as a percentage of the site value of the land.
What is a building envelope? Can I build outside or vary the building envelope?
Sometimes when land is subdivided a building envelope is placed as a restriction on the title of the land or endorsed plans.
A building envelope illustrates an outline of that portion of the lot where buildings can be constructed. A building envelope can sometimes limit the number of storeys of a building or its total height or restrict the type of buildings that are allowed to be built.
It is recommended that you contact Council's Planning department to determine if permission is required to build outside or vary the building envelope.
How do I find out if there are any covenants and/or restrictions on my land?
To determine if there are any covenants and/or restrictions on your land you need to obtain a full copy of the title. Any relevant associated title documents are known as ‘instruments’ such as a Restrictive Covenant or Section 173 Agreement.
You can obtain a copy of title by:
- Visiting the Land Data website and following the general public access links for Titles and Property Certificates. If your land is also affected by ‘instruments’, you may also need to undertake an instrument search.
Can I vary or remove a covenant/Section 173 Agreement? If so, how?
An application for a Planning Permit is the common way of removing a Covenant. However the landowner should obtain legal advice in order to consider whether any of the other methods available are appropriate in the circumstances. Covenants and their removal can involve complicated questions of property law and planning law.
Section 173 Agreements can also be varied or removed and once again a landowner should obtain legal advice in order to consider whether any of the other methods are appropriate in the circumstances.
What is an area of Cultural Heritage Significance and when is a Cultural Heritage Management Plan (CHMP) required?
The Aboriginal Heritage Regulation 2007 defines an area of cultural heritage sensitivity as an area in which Aboriginal cultural heritage is, or is likely to be, present.
A CHMP is required for an activity if:
- All or part of the activity area is an area of cultural heritage sensitivity, and
- All or part of the activity is a high impact activity.
Further advice and assistance is available by contacting Aboriginal Victoria.