The Latrobe Planning Scheme consists of zones, overlays and other provisions which determine whether a permit is required. To check which zones and overlays affect your property, visit the Department of Environment, Land, Water & Planning's (DELWP) state wide mapping service, VicPlan, at https://mapshare.vic.gov.au/vicplan/
Generally, a permit is required for:
changing the use of your property (eg. shop to a medical centre or warehouse to a gym)
construct 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
waiver or reduction of car parking (associated with changing the use of the land or increasing the floor area of the building)
construction of another dwelling on a property
subdivision of land
creation, variation or removal of easement or restriction.
You should not assume that works, however small, do not require a permit.
A planning permit is often required if you wish to remove or prune trees or other:
Native vegetation on your land;
None native species of vegetation if the property is within an Heritage Overlay or Environmental Significance Overlay; and
If there are planning permit conditions or other restrictions or agreements apply to your property.
It is important you talk to a planner before you remove any vegetation.
Your application will have the best chance of being approved if:
you demonstrate there is no other option but to remove the trees/vegetation.
the overall impact of the vegetation removal on the surrounding landscape and ecology of the area is minimal.
it is clear that tree/vegetation removal has been minimised, with good quality vegetation and significant, healthy trees being successfully retained.
you are willing to work with us on developing a revegetation plan to provide replacement planting that achieves a long term environmental gain (this can be done through our biodiversity offsets program).
it has been prepared by a professional consultant after talking to one of our planners, and includes detailed information from an arborist or ecologist.
Yes, you need a planning permit to subdivide land. In most instances, you will be required to apply for a planning permit for a development (eg. the construction of a second dwelling on a lot) before applying to subdivide the land. This is done to ensure the new lots are able to be used for the purpose of the subdivision.
When proposing to build a new fence, there are several factors to consider, such as whether or not a building and planning permit are required and discussing the proposed fence with any neighbours who share the same boundary.
Common reasons for needing a planning permit for a fence, include:
If the fence is located in an area where heritage controls apply
If the fence is located in a flooding zone or overlay
If the fence is on a lot under 500m2
If the fence is located in an area affected by the Design and Development Overlay – Schedule 1
Please note: Regulations concerning the cost sharing of boundary fences is a civil matter and is outside Council’s jurisdiction.
In certain areas a planning permit may be required for the construction of a single dwelling or extension and / or additions to a single dwelling. The need for a planning permit may be triggered by zoning such as Commercial Zone or overlay controls, such as Heritage Overlay or the size of the land.
Common reasons for needing a planning permit for an extension to a dwelling, include:
The land is in a Rural Living or Farming Zone;
The land is less than 500m2 is an urban area , and
There are overlays like a Heritage, Bushfire Management Overlay or Land Subject to Inundation Overlay affecting the land, and
There are covenants or restrictions on the Certificate of Title for the land.
A dependent person’s unit is defined in the Latrobe Planning Scheme as a “moveable building on the same lot as an existing dwelling and used to provide accommodation for a person dependent on a resident of the existing dwelling.” These are sometimes known as ‘granny flats’.
Common reasons for needing a planning permit for a dependent person’s unit, include:
There are overlays like a Bushfire Management Overlay or Land Subject to Inundation Overlay affecting the land, and
There are covenants or restrictions on the Certificate of Title for the land.
Overlays operate in addition to zones. An Overlay may seek to achieve certain design and building standards for the land, including:
Not all land is subject to an overlay. If an overlay applies to a parcel of land, it may specify additional requirements in relation to subdivisions, buildings and works, vegetation removal and other matters.
The Bushfire Management Overlay (BMO) ensures that careful consideration is given to development applications in areas considered a high bushfire risk.
The BMO triggers the need for a planning permit for certain developments and requires that new development implements appropriate bushfire protection measures.
The BMO requires a planning permit for certain developments and subdivision, bushfire hazards to be assessed and implementation of bushfire protection measures. See the Bushfire Management Overlay for types of development and subdivision that require a planning permit.
Useful information for when preparing your application:
No. The planning permit application fee is a charge that must be paid to the responsible authority for consideration of a planning permit application. Payment of this fee does not guarantee you will be granted a planning permit.
Planning permit application fees are statutory fees made under the Planning and Environment (fees) regulations - these fees are not set by council. See the Planning services fees and charges for more information.
Council is limited with the amount of assistance a planning officer can provide. It is recommended in most instances that you seek the assistance of a professional planning consultant, architect or draftsperson for the application.
Please be aware that Council officers cannot assess a planning application prior to lodgement or provide guarantees of approval prior to formal assessment.
Once you have lodged your application with council, the application will move through the statutory planning process. Please see the planning application and process section of our website for further information.
No. A notice of decision to grant a permit (NOD) indicates that council is proposing to grant a permit when there are outstanding objections.
An objector has 28 days from the date the NOD was issued to appeal council's decision to the Victorian Civil and Administrative Tribunal (VCAT). If no appeal is lodged, a planning permit will then be issued.
An applicant has 60 days to apply to review any of the conditions included in the proposed planning permit. The applicant must notify council and all objectors if they apply to VCAT to review any of the conditions of the planning permit.
A planning permit will expire when a development, a use or subdivision approved by that planning permit is not carried out within the specified timeframes.
These timeframes are usually set out in a condition of the permit. The timeframes specify dates for commencing and completing the requirements of the permit.
A request can be made to Council to extend these timeframes:
Before the permit expires, or
Within 6 months after the permit expires, or
Within 12 months after the permit expires, if the development lawfully commenced before the expiry date and you wish to extend the time to complete the development. Evidence to show works have commenced may be requested by the Council Officer assessing the application.
Land in the Farming Zone is primarily for farming and agricultural activities. Latrobe City Council has two separate schedules to the Farming Zone. Schedule 1 is intended to support commercial agriculture while Schedule 2 encourages mixed niche farming.
Dwellings in Schedule 1 areas are discouraged where it cannot be clearly demonstrated that the dwelling will enhance the agricultural productivity of the land and will not result in a rural residential outcome in the area.
Dwellings in Schedule 2 areas are discouraged where they have the potential to compromise the productivity of surrounding agricultural land and are not associated with a mixed niche farming activity.
A planning permit is required to subdivide any property; however there are big differences between subdividing in urban areas where there is good access to services and facilities and rural areas where the further subdivision of land may be more challenging, or not possible.
All subdivision applications should be lodged via SPEAR (Surveying and Planning through Electronic Applications and Referrals).
SPEAR is a statewide internet based system for subdivision applications (and associated subdivision planning permits) online.
A Licensed Surveyor who is an applicant contact and is a registered SPEAR user can lodge an application for a planning permit, certification or a joint application for planning permit and certification.
‘Rescode’ is a provision included in all Victorian planning schemes and the Victorian Building Regulations to prescribe requirements for the siting and design of residential buildings, including dwellings in Victoria.
A ‘rescode’ response is required for most planning permit applications for residential development in the Neighbourhood Residential Zone (NRZ), General Residential Zone (GRZ), Residential Growth Zone (RGZ), Mixed Use Zone (MUZ) or Township Zone (TZ).
No, it is actually illegal to live in a shed, garage or temporary home for residential purposes. Under the building code, residential buildings or a dwelling requires higher standard of construction than sheds, especially in bushfire prone areas.
People often enquire about living in sheds or a temporary home as a money saving option to occupy land while planning or building a dwelling, causing further problems down the track.
To obtain details of any easements located on your land, check the Certificate of Title, and associated Plan of Subdivision.
Common easements include drainage and sewerage easements, however, this is not always the case.
A service authority or any other party may also have “implied easement rights” over the property (e.g. a water asset not specifically covered by an existing easement on the Plan of Subdivision of the title).
More often than not, a planning permit is required for signage (i.e. business identification signage). If you require a planning permit for signage you will need to determine what zone applies to the land and if there are any overlays affecting the property.
Each zone will specify which category of signage controls apply. Clause 52.05 of the Latrobe Planning Scheme will advise what types of sign require a planning permit, what signs are prohibited and what signs do not require planning approval.