The Planning Application Process at the City of Greater Geelong
What is Statutory Planning?
Statutory Planning is the regulatory side of Town Planning and involves, amongst other functions, the processing of town planning applications for the development and use of land. Essentially this function is undertaken within the framework of the Planning and Environment Act, 1987 and more particularly through Planning Schemes. Every municipality in Victoria is covered by a Planning Scheme.
top
What is the Planning Scheme?
The Greater Geelong Planning Scheme is a legal document that outlines policies and controls for the use, development and protection of land in Geelong. At its most basic, the Planning Scheme includes maps dividing land into Zones and tables setting out uses permitted without a permit, with a permit or prohibited in each Zone.
The Planning Scheme includes State and local policies.
top
Do I need a Pre-Application Meeting?
The City of Greater Geelong (the City) encourages applicants to discuss their applications with Officers prior to lodging them. This meeting provides an opportunity for Officers to outline the relevant policies that need to be addressed, detail the nature of plans and other supporting documentation required as part of the application as well as outline likely public notification requirements.
You are also advised to talk to neighbours, so you are aware of their concerns and issues in the event that you can make changes to the plans to address these concerns.
top
Do I Need to Lodge a Site Analysis?
A neighbourhood design site analysis is required to be submitted in support of any application for residential development that requires a planning permit. This document outlines the neighbourhood character of the area in which the development is proposed. More specifically, it provides details as to the location of dwellings and open space on immediately adjoining properties as well as the setback of immediately adjoining dwellings within the street.
This analysis should also include a review of the neighbourhood character of the area and detail how the development proposal complies with this.
Note: An adopted Neighbourhood Character Study has defined a preferred neighbourhood character for all residential areas throughout the City. Copies of the Neighbourhood Character Study are available from the City's Statutory Planning Section.
top
How do I Lodge an Application?
Applications for a planning permit can be lodged via mail or directly at one of the City's Customer Service Centres.
The Statutory Planning Section is located at 131 Myers Street, Geelong. Our planning staff are available from 8.00 AM to 5.00 PM daily to assist residents.
The following information is required to be lodged as part of a planning permit application:
- a completed planning permit application form
- a fee in accordance with the schedule under the Planning and Environment Act, 1987
- three copies of plans of any proposal including elevations, shadow diagrams, plans of potential overlooking in accordance with ResCode (where applicable), carparking layout and drainage plans
- copy of Title.
The City also provides detailed checklists of information required for specific uses.
A planning permit is separate from a building permit. A building permit is required under the Building Act and is required for the construction of all buildings and works.
In most cases, where a planning permit is required for development, a building permit will also be required.
For additional advice on the building process, please call the City of Greater Geelong Building Department on 03 5227 0450.
top
What Happens Once my Application is Lodged?
Applications are registered and given a number. An application is then allocated to a Planner. Applicants will receive a letter telling them the application number and the name of the Planner dealing with it.
Note: The City is bound to accept all applications lodged. Accepting an application does not necessarily mean the City is in support of the proposed development/use.
top
What is the Role of the Planner?
The City's planning staff are responsible for the assessment and processing of applications. The planners are available to provide advice and assistance to all parties, both applicants and objectors.
The Planner prepares a report describing the proposal, the relevant policies and Planning Scheme requirements, the assessment process, any objections and referral comments and the response to them. They then make a recommendation about whether or not a planning permit should be granted. The Planner has to judge how well a proposal meets policy objectives in the Planning Scheme and they may have to strike a balance between competing objectives.
top
Will I be Required to Provide Further Information?
If the information submitted with the application is incomplete or inadequate, a letter requesting further information will be sent to the Applicant.
The need for further information can be reduced by having a pre-application meeting with City Planners.
top
What is the Referral Process?
Some applications might be sent for comment to other departments (for example Engineering Services, Health) within the City. It might also be formally referred to external agencies such as VicRoads or Barwon Water if the application affects their interests.
top
What is Advertising?
A fundamental part of the Victorian Planning System is to allow people affected by a planning decision to be given the opportunity to comment on what's proposed before the decision is made.
Advertising is the formal notice provided to others about a planning application. You will need to advertise if it is considered that the application might cause material detriment to any person. Unless the City is satisfied that there is no material detriment, notice of the application must be given.
Notice may be given by:
- direct mail to all adjoining owners and occupiers to the property
- a public notice erected on the property for 14 clear days
- a public notice placed in the local newspaper.
In order to reduce delays, the City will undertake advertising on behalf of applicants, and will advise applicants of the cost.
The application details (including plans, submissions in support of the proposal and any other relevant information that is lodged by the applicant) are made available to interested parties at the relevant Customer Service Centre (e.g. Ocean Grove applications at the Ocean Grove Customer Service Centre) as well as at the Myers Street Office.
top
How Can I Influence the Planning Permit Process?
If you are affected by a planning permit application, you can influence what is proposed and what gets approved by consulting and negotiating with the permit applicant and the City Planner.
Any person can inspect the plans and lodge an objection to an application if they have concerns about it.
An objection is a written statement explaining your views about the application and how you may be affected if a permit is granted. An objection should specifically explain what impact the proposal will have on you and any changes that would make the use and/or development acceptable.
The City has a standard objection form that you can fill out, but it is not essential that you use it.
While the Planning and Environment Act, 1987 provides a 14 day public notification period within which to lodge objections, it also requires the City to consider all objections received prior to making a decision.
If you lodge an objection, you secure the right to apply for a review to the Victorian Civil and Administrative Tribunal (VCAT) if the City decides to grant a permit.
An objection is a public document and copies may be made available to other parties including the permit applicant, Councillors and VCAT.
top
What is the Consultation/Mediation Process?
The City provides these meetings as an opportunity for all interested parties of an application to discuss issues in an open forum. These meetings also provide an opportunity for the City's Planner to explain the next steps in the planning permit process to all parties.
top
How is a Decision Made?
The application is assessed based on:
- State Planning Policy
- City of Greater Geelong local Planning Policies
- land use (Zone) controls
- development (Overlay) controls
- consideration of objections
- other relevant provisions of the Planning Scheme.
top
Who Makes the Decision?
The decision is made by Officers who have delegated authority from the City, to consider and decide on applications where there are no objections and the Planner is recommending approval of the permit.
If there are objections to an application or if the City's Planner is recommending refusal of the application, then the decision needs to be made by either the Development Hearings Panel or a Councillor Hearings Panel.
top
How Does the Development Hearings Panel Operate?
The Development Hearings Panel is made up of senior Officers from the City and a nominated Councillor (on a rotational basis) is invited to attend.
The panel consists of a minimum of three people. The panel sits on the first and third Thursday of each month and is held at the Myers Street Office. Agendas are available to the Applicants and other interested parties on the day of the meeting.
The decision of the Development Hearings Panel is the City's final decision.
top
How Does the Councill or Hearings Panel Operate?
The Councillor Hearings Panel is made up of a minimum of three Councillors with the ability for all Councillors to sit on the Panel.
The Councillor who holds the Infrastructure and Planning Portfolio generally chairs the Panel.
The Councillor Hearings Panel deals with applications that are referred by Officers as matters of regional significance or that have been "called in" by Councillors.
The "call in" process requires agreement from the Ward Councillor and the Chairman that the matter should be heard by the Councillor Hearings Panel.
The Panel is convened when required to deal with matters and is usually held on a Monday night in the Council Chambers at City Hall.
The decision of the Councillor Hearings Panel is the Council's final decision.
top
Can I Challenge Council's Decision?
Yes. If you do not agree with Council's decision, you can lodge an appeal. Objectors have 21 days to lodge an Appeal. The Applicant has 60 days to lodge an Appeal.
top
How do I Lodge an Appeal?
VCAT independently reviews decisions made by Councils about planning permit applications, where one of the parties lodges an appeal. The State Government appoints VCAT members who are qualified legal practitioners, planners and other specialists.
Your appeal must be lodged with VCAT on an official form and sent to The Registrar of the Planning List.
