About Planning

Planning permits and building permits are different. This means that you may need one or both depending on your proposed work.  Generally, planning is concerned with the land – the way it will be used and/or developed, whereas building is concerned with the actual construction – its structure and stability. 

• Planning permits are legal documents giving permission for a land use or development to occur on a specified parcel of land.
• Building permits are issued by a registered building surveyor and generally relate only to the construction aspects of a particular building or development.

If you require both permits, you must get the planning permit before applying for the building permit – just because you have a planning permit does not mean that you can start construction without first getting a building permit

Each individual property has a set of planning controls which specify when a planning permit is needed. To find out what controls apply to your property you can:

• Obtain a free property report, or purchase a Certificate of Title or Planning Certificate at www.land.vic.gov.au
• View the Mornington Peninsula Planning Scheme online including information on zones, overlays, state and local planning policies at the following link Planning Schemes Online
• View planning scheme maps online at Planning Maps Online. You can create a free property report which will detail the relevant zoning and overlay information
• View planning scheme maps in person at the Shire offices during business hours.

Before you proceed with any new use or development of your home or land, it is strongly recommended that you contact our Planning Services team on 5950 1010, with the following information, to determine if a permit is required.  

Please note that in order to provide accurate advice, we will need the following information:

• The ultimate development objective (e.g. construct a house, build an office building, subdivide my land, remove a tree)
• A specific property address

Officers are able to provide preliminary advice over the phone or you can apply for a written response to your enquiry. 

In order to get the most accurate advice, it is recommended that you provide the following information:

• Title, including any restrictive covenants or agreements
• Relevant plans drawn to scale or with relevant dimensions (site plan, floor plan, elevation plans)
• A written statement describing the proposal, this may include land use, buildings and works, vegetation removal where relevant.
• Reference any known previous planning permits for the site

It also may be necessary to obtain independent advice from a planning consultant.

If a planning permit is required for your proposal, there may be other approvals required. Some of these approvals are administered by the Shire, with others administered externally.

How long it takes to get a planning permit depends on a number of factors including:

• The type of application you are making (i.e. VicSmart application or standard application)
• Whether Council needs to ask you for further information to assess your application (request for further information - RFI)
• Whether any internal or external referrals need to be undertaken (external authorities have 28 days to respond to a referral)
• Whether your application needs to go on public notice (advertising – if your application requires notice, the PE Act requires it to be a minimum of 14 days)
• Whether anyone objects to your application (or has a right to object) and whether this can be resolved
• Whether you make any changes to the application either before or after public notice
• Whether your application has to get decided by a Council officer or by the Council at a Council Meeting (most applications are decided by Council officers)
• Whether an objector appeals Council's decision to the Victorian Civil and Administrative Tribunal (VCAT – outside of Council’s control).

*Statutory days is the amount of time taken for Council to process the application excluding the time to request further information and the time it takes you to provide it back to Council. Under the PE Act, the timeframe resets if the application is amended or you provide the further information.

**This is the total calendar days for processing an application that a customer may experience at the moment as opposed to Council’s statutory timeframe. This is updated every month.

For an overview of the planning system in Victoria and the planning permit process, refer to the below publications by the Department of Environment, Land, Water and Planning (DELWP).

Planning in Victoria - A guide to the planning system

Planning Permits process

Planning Application Process