Application Fee Refund Policy

Adopted by Council: 6 March 2023

Background

On behalf of Latrobe City, the municipal building surveyor receives large volumes of applications with associated fees for various statutory and discretionary building related functions. On occasions these applications are withdrawn or refused and the applicant requests the return of fees paid. The municipal building surveyor must determine the amount, if any, to be returned.

Decision making should be consistent, transparent, equitable and fair and the application fee refund policy will guide the municipal building surveyor in the appropriate decision.

Objectives

The policy has been established to facilitate a fair and equitable portion of fees to an applicant where applications are withdrawn.

Scope

The aim of this Policy is to calculate the amount of refund payable with respect to an application, when a request is received in writing to withdraw that application.

Principles of Management

An application or building permit to carry out building work within the municipal can be withdrawn by a request in writing to the municipal building surveyor from

either the applicant or the subject property owner. The refund will be calculated

as follows:

If the application fee has been received but not processed and no written correspondence has been circulated - 75% of application fees excluding GST (if applicable) are refundable.
If the application fee has been received, the application processed and written correspondence has been circulated but no formal written decision has been issued - 50% of application fees excluding GST (if applicable) are refundable.
If an application (other than a building permit) has been decided and written correspondence issued – no refund is payable.
If a building permit has been issued and no work has commenced on the proposed construction - 25% of the application fees excluding GST, lodgement fees, property information fees, statutory levies (if applicable) and other disbursements are refundable.
If a building permit has been issued and work has commenced on the proposed construction - no refund is payable.
If an application is refused - no refund is payable.

Note: The applicant or the subject property owner shall be given the opportunity to

withdraw a building permit application prior to the application being refused.

Accountability and Responsibility

Accountability and responsibility for this policy is outlined below.

Council

Responsibility to ensure this Policy is consistent with Latrobe City Council Strategic Direction and other Latrobe City Council Policies
Responsibility for the decision to approve this Policy by Council Resolution

Chief Executive Officer

Overall responsibility for compliance with this policy
Overall responsibility for enforcing accountability
Overall responsibility for providing resources
Overall responsibility for performance monitoring

General Manager

Responsibility for compliance with this policy
Responsibility for enforcing accountability
Responsibility for providing resources
Responsibility for performance monitoring

Manager

Develop frameworks and procedures in compliance with this policy
Enforce responsibilities to achieve compliance with frameworks and procedures
Provide appropriate resources for the execution of the frameworks and procedures

Employees, Contractors and Volunteers

Participate where required in the development of frameworks and procedures in compliance with this policy.
Comply with frameworks and procedures developed to achieve compliance with this policy

Evaluation and Review

This policy will be reviewed on request of Council, in the event of significant changes to legislation applicable to the subject matter of the policy or, in any other case, during each Council term (generally four years).

Definitions

An application includes a building permit application, report and consent application, temporary siting approval, section 173 agreements, property information request, building file information request, swimming pool or spa registration application and similar fees and charges.

Reference Resources

Building Act 1993
Building Regulations 2018
Planning and Environment Act 1987

Appendices

None