Common planning questions

What is a planning permit?

A Planning Permit is a legal document that gives you permission to use or develop land in a certain way. It usually includes conditions and approved plans which must be complied with.


Generally a planning permit is required for:

  • changing the use of your property (e.g. shop to a dwelling or warehouse to a gym)
  • constructing a dwelling on a lot less than 500m2
  • outbuildings and sheds in rural areas
  • commercial or industrial development
  • applying for a liquor licence
  • constructing or displaying signage
  • construction of another dwelling on a property
  • subdivision of land
  • creation, variation or removal of easement or restriction

 

Contact a Planner to determine what type of permit/s you will need to undertake your proposal.

What is the difference between a planning permit and a building permit?

Planning
Planning considers the way land is used and developed, and how this impacts the character and amenity (liveability) of an area.

A Planning Permit is a legal document that gives you permission to use or develop land in a certain way. It usually includes conditions and approved plans which must be complied.

Building
Building is concerned with safe construction practices and considers whether the construction work and new uses conform to building regulations, the Building Code of Australia, and relevant Australian standards.

A Building Permit is a legal document, issued before construction commences, to ensure the building meets the minimum requirements for the health, safety and amenity of occupants and the public. Building Permits are issued by a Private Building Surveyor. 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, pergola) and dwelling alterations.

If you require both permits, you must get the planning permit before applying for the building permit – having an approved planning permit does not mean that you can start construction without first getting a building permit.

Contact a Planner to determine what type of permit/s you will need to undertake your proposal.

Can I build a second house on my property?

Planning and building permits are respectively required to develop land in a way that will result in two or more dwellings on a given parcel of land. This includes constructing a dwelling to the rear of an existing or constructing two dwellings on a vacant parcel.

It is important to keep in mind that although a permit can be granted, it does mean a permit will be necessarily granted in your case. Council must assess all the relevant information during the application process before a decision can be made. Council will determine whether the proposal will produce acceptable outcomes against the relevant clauses of the Corangamite Shire Planning Scheme. It is therefore not possible to advise whether an application will be supported before it a decision is made.

If you are thinking of lodging an application Contact a Planner first as a set of strict design controls and location criteria known as ResCode may apply. ResCode standards include key measures to protect neighbourhood character, amenity and environmentally sustainable residential development throughout Victoria.

Further information about ResCode requirements can be found by following the resource link.

Understanding the Residential Development Standards (ResCode)(PDF, 4MB) 

Can I build a small second dwelling on my property?

The Victorian Government has made it easier to build a small second home in residential and rural areas across Victoria – giving families more housing choice and boosting housing supply.

A small second home is a dwelling that is;

  • 60 square metres or less
  • includes a kitchen, bathroom and toilet,
  • is located on the same lot as an existing home
  • is the only small second dwelling on the lot.

A small second home can be built on most properties in residential and rural zones without a planning permit but it can vary depending on Zoning and Overlay conditions, so always check with Council before you start.

All small second dwellings, will always require a building permit.

You can find more details information on small second dwellings using the following link.

Small second homes - Making it easier to build a home

Can I build a granny flat on my property?

Finding a suitable home for someone who is dependent on you for daily care may be solved by putting a dependent person’s unit (sometimes called a granny flat) in your backyard.

This can be a good solution to keep the dependent person in familiar surroundings and retain everyone's privacy, yet at the same time making sure daily care can easily be provided.

If you are considering this option it is important to Contact a Planner first as there are strict guidelines in Corangamite’s Planning Scheme that must be met when applying for a permit. These include, but are not restricted to:

  • proving the person living in the unit is heavily reliant for their care on a person living permanently in the existing house on site;
  • purchasing a unit that can be easily removed from the property when the dependent person no longer lives there;
  • locating the unit close to the existing house on site for ease of access and care; and
  • ensuring the unit can be connected to services and has appropriate access.

A planner will be able to advise you further on application requirements that take into account your individual circumstances.

Can I build a shed on my property?

Many people want to build sheds on their property for storage of items typically associated with residential use, commercial/industrial use and agricultural use.

Whether or not you need a planning permit is dependent on how the land is zoned under the Corangamite Planning Scheme, whether any overlays apply to the land, where the shed is to be located on site, how large it will be and what materials are to be used.

Before ordering any materials or beginning construction you should Contact a Planner to discuss your shed proposal.

It is also advisable to Contact a Building Officer about any requirement for a Building Permit.

Can I subdivide my property?

A planning permit is required to subdivide land. It is important to keep in mind that although a permit can be granted, it does mean a permit will be necessarily granted in your case.

There is no defined method to determine whether subdivision of land is possible upfront. Whether a particular parcel of land can be subdivided is ultimately determined by the planning permit application process. In assessing the application, council will determine whether the proposal will produce acceptable outcomes against the relevant clauses of the Corangamite Shire Planning Scheme, including Clause 56 Subdivision for subdivision in residential areas.

Subdivision of property

Can I remove vegetation from my property?

Often times you will need a planning permit to remove or prune trees and other vegetation from your property, particularly if the plants are native to Australia. Indigenous plants include trees, shrubs, herbs and grasses and include areas of bushland with trees, scattered paddock trees and treeless areas of scrub or grassland.

A permit application will generally need to demonstrate there is no other option but to remove the vegetation and that the impact of its removal on the surrounding landscapes and ecology of the area will be minimal.

Can I remove a tree on my land for safety reasons?

If the vegetation presents an immediate risk of personal injury or damage to property, it may be removed without a permit. Only the part of the vegetation that presents the immediate risk may be removed.

For example, a limb of a gum tree has half broken and is hanging and requires removal. Only this limb poses an immediate risk and may be removed. After this point, you may choose to have the entire tree assessed by an arborist for health and condition to determine whether it is necessary to remove the whole tree.

It is your responsibility to ensure that you can demonstrate with appropriate evidence that the vegetation presented an immediate risk.

If you are unsure whether a particular tree poses an immediate risk you should contact a suitably qualified arborist to assess the tree for you.

Further information about native vegetation and State Government regulations and requirements surrounding its removal can be found by following the resource link.

Native Vegetation Information Management (NVIM)

If you are proposing to remove any type of vegetation first Contact a Planner to see if a permit is needed and what application requirements must be met.

Can I establish a business from my property?

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.

Some businesses can be run from home without a planning permit but are subject to strict guidelines that aim to ensure the amenity of the neighbourhood is not adversely affected by the occupation conducted in, or from, that dwelling. These include, but are not limited to:

  • The type of business being proposed.
  • The parking of motor vehicles.
  • The transporting of materials or goods to or from the dwelling.
  • The hours of operation.
  • The storage of hazardous materials.
  • Emissions from the site.

Contact our Economic Development team before starting a home based business to find out if you need a planning permit. You may also wish to visit Business Victoria to learn more about establishing a business from your home.

Is a planning permit required for a Liquor Licence?

While the Victorian Liquor Commission issues all liquor licences in Victoria there are certain types of licence that require a planning permit be issued prior to a liquor licence being granted.

You can visit the VLC’s website below for information about all types of liquor licensing in Victoria and Contact a Planner about whether a planning permit is needed to use land to sell and/or consume liquor in the Corangamite Shire.

Victorian Gambling and Casino Control Commission