Planning permit application process

Overview

There are several steps involved when applying for a planning permit. Find out how to prepare and submit your application, how we assess your application and how to appeal a decision.

Some steps may not be relevant to your application.


Prepare your application

Doing your due diligence helps you highlight unknown timeframes, costs or hurdles that may appear in and/or after the planning permit process.

The following steps will help you lodge a well-prepared application:

  1. Visit VicPlan to find the subject site and create a planning property report.
  2. Obtain a Copy of Title from Landata.
  3. Search for a Register Search Statement, which will have a Copy of Title attached. You will need to pay small fee to obtain a Register Search Statement and attached documents. The Register Search Statement will show the date of when you requested or obtained the document. The copy of the Certificate of Title must be no more than 3 months old when you submit your planning permit application.
  4. Visit the Frankston Planning Scheme and find the relevant zone or overlay that affects your site. This will give you an idea of:
    • what you are able to do within your area
    • what information is required for an application
    • the guidelines we use to make decisions
  5. Once you know which zoning applies to your land, you may wish to contact external referral authorities. For example, if your property is affected by a Special Building Overlay, we suggest you contact Melbourne Water to find out what the flood level is for your property.

Book a pre-application meeting

We recommend you obtain pre-application advice before applying for a planning permit.

In the pre-application meeting, we will:

  • explain the application process
  • provide advice on what information you will need to support your application
  • discuss key issues with your proposal.
  • discuss if your application meets the requirements of the Frankston Planning Scheme

A well-prepared application will help to avoid delays and the likelihood of having to update your application later in the process.

Prior to booking it is important to note that you will require a draft, concept plan of your proposal for review and discussion at the meeting. It is strongly advised that to avoid delays in booking the meeting you submit the plan at the time of booking using the below form.

Book a pre-application meeting below or call 1300 322 322 to speak to the Statutory Planning Department. 

 

Advice provided at the pre-application meeting is preliminary and may change based on referral advice, site inspections, public notice, changes to design or plans and other related matters at our discretion.

You can also request written advice on whether you need a planning permit.


Submit your application

Your planning permit application must include the following information:

  • A complete copy of the Certificate of Title that is no older than 3 months, including any restrictions such as a Section 173 Agreement. You can obtain a Certificate of Title from the Landata website.
  • A credit or debit card to pay the relevant fee. A credit or debit card to pay the relevant fee. We are unable to accept an Amex or Diners card online.
  • Plans for your proposed development that are drawn to scale, have dimensions and show the details of all buildings or other proposed structures.
  • Written reports to support your application.

Submit your application


Initial assessment

We will refer your application to internal departments or external agencies and start the planning assessment. We may arrange an inspection of the property.

If we find that your application is missing information, we will send you a letter by email requesting additional information. This is called a Request for Further Information.

If we have any concerns or issues with your application, we will notify you. You will have the opportunity to update your application accordingly. You must address any problems at this stage, or your application may not be supported. You won’t be able to update your application at a later stage. We recommend speaking to us before submitting any changes.

Providing us with further information

You must provide additional information before the date listed on your Request for Further Information letter. We will not progress your application until the requested information is received.

If you can't get us the information in time

If you're unable to send us information before the date listed on the letter, you will need to request an extension and explain the reasons for the delay. If we accept your request, we will notify you of the new due date.

If you miss the due date and have not requested an extension, your application will lapse. This means you will have to submit a new planning permit application and pay the fee again.


Public notice

We may need to publicly advertise your planning permit application if it is likely to affect other houses, units or businesses. This includes personal information included in your application.

Your proposal will determine where and how your application is advertised.

Advertising may include:

  • Putting a Notice of an Application for a Planning Permit on the land, usually for at least 14 days.
  • Sending a letter to next-door property owners and occupiers.
  • Putting a Notice of an Application for a Planning Permit in the local newspaper.

Council undertakes the public notice process and will charge fees. View the fee schedule.

Some applications will not require public notice. Council does not have the discretion to give notice if an exemption applies.


Objections and submissions

When your application is publicly advertised, residents and property owners may view plans attached to your proposal and submit an objection if they feel it may affect them or their property.

A submission can be made at any time before we make a decision and will be considered during our assessment.

If you would like to view plans attached to an application, make a submission or learn more about the process, visit our Advertised planning permit applications page.


Respond to public notice

You will be provided with a copy of any objections received when the advertising period is finished. This is your opportunity to make changes to the proposal and address any concerns that have been raised.

We may arrange a consultation meeting with interested parties. The meeting will provide a forum for parties to discuss the proposal, identify and address any concerns and explore opportunities to improve outcomes for all participants.

You are encouraged to resolve issues before a decision is made. Any objector has the right to appeal Council’s decision to the Victorian Civil and Administrative Tribunal (VCAT).


Amend your application

You can apply to amend a planning permit application at any time before a decision has been by the Responsible Authority.

Your application must include details of your proposed amendment, including changes to plans or documents submitted with your original application.

Amend your application


Decision

Planning officers have authority from Council to consider most planning permit applications. Some types of applications are required to be reported to Council for a decision. This may delay our decision by 3 to 4 weeks.

There are three types of decisions we can make based on your application. We can:

  • Issue a Permit (if there are no objections).
  • Issue a Notice of Decision to Grant a Permit (if objections have been received but Council considers that the proposal is acceptable).
  • Refuse to Grant a Permit.

Your planning permit is likely to contain conditions that set out how development or a particular use of a parcel of land must proceed and continue. Use and developments can only begin and continue if all conditions on the permit are met. You may have to complete a Lodgement of Plans to Comply with Planning Permit Conditions(PDF, 568KB)  form.

After your permit has been issued, you can apply to amend any plans, conditions, development or use included in your permit. You can also request an extension of time. Visit our Amend or extend a planning permit page for more information.


Appeal a decision

If you disagree with a decision we have made about a planning permit application, you can appeal it with the Victorian Civil and Administrative Tribunal (VCAT).

The following options are available:

  • If you are the applicant and want to appeal, you must submit an application to VCAT within 60 days of our decision.
  • If you are the objector to the application and want to appeal, you must submit an application to VCAT within 28 days of our decision.

When VCAT reviews one of our decisions, it will consider the entire application.

You can find information on how to apply to VCAT on your:

  • Refusal to Grant a Planning Permit
  • Notice of Decision to Grant a Planning Permit

Appeals can sometimes be a lengthy process. You will need 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 take months.

Any party who has made a submission to an application will be notified of an appeal. Notified parties can make a further submission to the tribunal and decide to attend the hearing. Hearings can vary in length depending on the nature of the case, as well as the number of parties who wish to address the tribunal.

VCAT decisions

When a VCAT hearing ends, VCAT will consider all of the material on file and presented at the hearing. Once a decision is made, a copy of the Tribunal’s order will be sent to all parties by email or mail. This will usually include reasons for the decision.

The Tribunal’s decision is final unless there is an appeal by a party to the Supreme Court on a point of law. If a planning permit is granted, Council must issue that permit in accordance with VCAT's order. We are responsible for making sure the requirements of the permit are met.


More information

View Frequently Asked Questions or visit our Planning forms, fact sheets and checklists page for more information on planning permit applications.

For general planning advice, contact our office on 1300 322 322. A planning officer is available Monday to Friday to assist you.