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Frequently asked questions
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- What is statutory planning?
- What is a Municipal Planning Scheme?
- What is the difference between a building permit and a planning permit?
- Why do I need to submit a current copy of title?
- What is a restrictive covenant or agreement?
- What is a planning certificate?
- How do I lodge an application?
- What is the difference between site plan, floor plan and elevation plan?
- Will my application require referral to other agencies?
- How is a decision made?
- Who makes the decision?
- My permit has conditions. Is this usual?
- Can I challenge the council's decision?
- Can my planning permit be extended?
What is statutory planning?
Statutory planning is the regulatory side of town planning, the principle function being the assessment and determination of planning applications for land use and development. This function is performed under the auspice of the Planning and Environment Act 1987 and the local municipal Planning Scheme.
What is a Municipal Planning Scheme?
The Wodonga Planning Scheme is the local planning scheme applicable to all land (except Commonwealth zoned land) within the City of Wodonga. The scheme is a legal document which outlines policies and controls for the development, use and protection of land within the city. The scheme includes maps and zone ordinances which dictate the permissible uses within each zone. Click here to view the Wodonga Planning Scheme
What is the difference between a Building Permit and a Planning Permit?
A planning permit is for the use and/or development of land. A building permit relates to the construction of a development only, not what the land can be used for.
If a planning permit is required for the development, then council's building department should be contacted to determine the need for a building permit.
When enquirying about either a planning or building permit, you are encouraged to ask whether other approvals will be required from within the council.
Why do I need to submit a current copy of title?
A current copy of title (less than 30 days old) is necessary for the Planning officer to ascertain if there are any covenants or agreements registered on the title.
You are encouraged to contact your solicitor to obtain a copy of your title and any encumbrances referred to on the title. Alternatively, this info can be obtained from the Land and Survey Information Centre located at 450 Lonsdale St, Melbourne. Their office hours are 8.30am to 4pm Monday to Friday and can be contacted on phone (03) 9603 5444. Click here to access the Land Titles Office
What is a restrictive covenant or agreement?
A restrictive covenant is imposed by the developer of the estate to which your land is located within. Covenants often place restrictions on the size of sheds, front fences, multiple dwellings and the cladding of homes. A planning permit is required to vary a restrictive covenant and you should consult with council officers prior to proceeding further down this path.
A Section 173 Agreement is a legal contract made between Council and another party or parties, under Section 173 of the Planning and Environment Act 1987.
A Section 173 Agreement generally requires someone to either carry out, or not carry out, any matters specified in the agreement. An agreement may be used, for example, to:
- Establish an agreement for monetary contributions for road construction;
- Further an environmental objective upon subsequent land owners;
- Provide for the provision of infrastructure;
- Protect stands of native vegetation; and,
- Provide for the maintenance of a facility.
What is a planning certificate?
A planning certificate is usually prepared at the request of a vendor's solicitor during the sale process of a property to verify the planning scheme controls encumbering a parcel of land. Planning certificates can however, be applied for at anytime by an individual and will provide details of:
- The planning instrument (planning scheme) affecting a property;
- The zoning of a property;
- Any overlay controls encumbering the land; and,
- Any proposed planning scheme amendment(s) that may affect the property.
The cost of a planning certificate is $18.20 If an urgent certificate is required, a $66.00 fee will apply.
How do I lodge an application?
Applications for planning approval can be lodged either via mail of at the council's Hovell St offices. Planning staff are available from 8.30am to 5pm Monday to Friday to respond to any questions you may have.
Application forms are available on this website including detailed checklists of information required for specific uses.
An application must be accompanied by:
- A completed planning permit application form;
- A fee in accordance with the schedule under the Planning and Environment (Fees Regulation) 2000;
- Current and complete copy of title including any Restrictive Covenants or Section 173 Agreements;
- Three copies of plans (or as otherwise stated) clearly illustrating the proposed works in context with existing site conditions; and,
- A supporting written statement to describe the proposal and specify why the permit is sought.
What is the difference between a site plan, site analysis plan, floor plan and elevation plan?
A site plan would generally illustrate all structures on the subject land including vegetation, the length of boundaries and walls, site levels / contours and the distance separating existing and proposed buildings and the property's boundaries. Two (2) site plans should be submitted with an application, one illustrating existing conditions, the second detailing proposed site conditions.
A site analysis plan is a plan presenting the development site in context with the surrounding environment, generally within a 50.0 to 100.0 metre radius of the subject land. The site analysis must show the key influences on the development's design, not just depict the existing site conditions. Whilst existing features such as fences, siting of buildings and use, street infrastructure and open space is important, this plan should also show the direction and distance to community facilities (shops, schools, park, medical), site views and noise sources.
A floor plan is a birds-eye view of the existing and proposed structure within your development eg; floor plan of dwelling. This plan should illustrate the layout of a building and the use of each room within the building. Often, Council will require a floor plan of existing buildings on the site, even if these buildings are not part of the proposal. This is necessary to ascertain requirements such as car parking provision.
Elevation plans are side-on views of your proposed development. Elevations of all four sides (north, south, east and west) should accompany your application. For new developments on undeveloped land, a streetscape elevation should be provided illustrating the new development in context with adjoining buildings.
Will my application require referral to other agencies?
Some applications will need to be referred to organizations outside Council such as servicing authorities, government agencies, VicRoads and CFA, either as a statutory requirement in the planning scheme or to assist in Council making it's determination. These referrals will be made by Council. Referral agencies have up to 28 days to respond to Council. Any referral authority requirements must be placed on all permits issued.
How is a decision made?
Wodonga Council's planning officers will assess the application on the following:
- State Planning Policy Framework;
- Council's Municipal Strategic Statement;
- Local planning policies for Wodonga;
- Land use controls;
- The proposal's response to the site context;
- Whether the proposal maintains or enhances the character of an area;
- Whether the amenity of adjoining properties is compromised by the proposed development and / or use; and,
- Submissions from referral authorities and other interested parties.
Who makes the decision?
Wodonga Council's planning officers have delegated authority from the city to consider and decide on all planning permit applications, whether objections have been received or not. This includes refusal of applications. All applications are discussed at scheduled weekly meetings of the statutory planning team to ensure that the determination handed down achieves the best planning outcome for the site and the surrounding community.
Wodonga Council is regularly briefed on the determinations made by the delegated officers.
My permit has conditions. Is this usual?
All planning permits will be accompanied by conditions. These conditions will relate to the time frame in which the development / use must be commenced or completed, amenity, car parking provision or other matters specific to the permit sought. Please read these conditions carefully as you are responsible for compliance with these conditions at all times. If you are unclear with the intent of a condition imposed on your permit, please contact Council's statutory planning services unit immediately.
Can I challenge the council's decision?
If you do not agree with a determination of the council, you can make an application for review of the council's decision through the Victorian Civil and Administrative Tribunal. Submitters to an application have 21 days to lodge a review, applicants 60 days.
You are encouraged to contact the council's statutory planning services unit before lodging an appeal as this process can be both costly and time-consuming and costs may be awarded against you if your application is deemed frivolous.
Can my planning permit be extended?
A condition on your planning permit will set down the time period for which the development and / or use must commence or be completed by. The permit will expire if the permit is not complied with in the specified times. An extension to this time can be made for within three months of expiry. An application must be accompanied by the applicable fee and an explanation as to why and for how long an extension to the permit is sought.
