Existing Planning Permits
Amending an existing planning permit
When a planning permit is in place, it is possible that you may wish to make changes to it.
Planning permits are issued on a parcel of land and will remain in place on the parcel of land, even when change of land ownership occurs.
The landowner is legally obligated to comply with the conditions outlined on the permit and the endorsed plans, however an application to amend these can be made with Council to seek a variation.
Planning permits consist of two documents including the permit itself and the endorsed plans, an application can be made to amend one or both of the documents.
There are two types of amendments which can be made depending on the nature of the proposed changes, these include:
- Section 72 Amendment (major changes to an existing permit)
- Secondary Consent (minor changes to an existing permit)
Section 72 Amendments
An amendment under Section 72 of the Planning & Environment Act 1987 is a formal amendment to the planning permit that will follow the same steps as the original permit application process. This may include formal notification to adjoining properties and referral to the relevant authorities. Proposed changes which can be considered under the Section 72 Amendment process include:
- An amendment to what the permit allows
- An amendment to the permit conditions
- Major changes to the endorsed plans
When minor changes to the endorsed plans are proposed, they can generally be assessed under the Secondary Consent process. The Secondary Consent allows for the approval of minor modifications to the endorsed plans without having to go through the full planning permit process.
If the proposed changes are deemed to have a potential impact on amenity, introduce new planning considerations or impact existing planning permit conditions, the amendment will need to go through the Section 72 amendment process.
Did you know some works exempt under the Planning Scheme may require an amendment to an existing planning permit?
Unlike many residential properties in Victoria, many homes on the Mornington Peninsula will have required a planning permit for the original build. These planning permits for the original dwelling will normally have a standard condition stating the following or similar;
"The layout of the development and site cannot be changed without the consent of the Responsible Authority"
As a result, private building surveyors cannot issue a building permit for structures or buildings that may otherwise be exempt from requiring a planning permit because it would contravene such a condition. These types of works include but are not limited to:
- Swimming Pools and associated decks and fences around the pool
- Decks between 10mm to 799mm above the ground level
- Pergolas with shade cloth
- Landscaping that alters the ground level up to 999mm.
- Small sheds in the backyard (not including more formalised outbuildings)
If the standard condition is not included on the original planning permit, then there is a potential that you may not need to seek an amendment to the original planning permit.
It is therefore recommended that you obtain the original planning permit and endorsed plans to provide to your building surveyor before progressing with your building permit.
Making your application for a Section 72 Amendment or Secondary Consent
Process steps for each of these application types can be read at the following page:
Lodging a Planning Permit Amendment
Extending a planning permit
If your permit is due to expire and works have not been completed, you can apply for an extension of time to the commencement or completion date outlined in your existing planning permit either:
- Before or within 6 months after the permit expiry date - where the use or development allowed by the permit has not yet started
- Within 12 months after the permit expiry date - where the development allowed by the permit has lawfully started before the permit expires
Obtaining a copy of an existing planning permit
To determine if there is any history of planning applications or approvals on the property, you can view our Planning Register or contact the Planning Services team.
If there are planning approvals that you would like to obtain a copy of, you can do this by making an "Application for Copies of Planning Permits and Endorsed Plans"
An online application can be made at the following link:
Copies of Permits & Plans Application
Fees for this type of application are as follows:
- Permit Only - $27
- Residential Planning Permit & Endorsed Plans - $78
- Commercial Planning Permit & Endorsed Plans - $202