Planning FAQ

Each property has a set of planning controls which specify when a planning permit is needed. To find out what controls apply to your property, you can:

• Obtain a free property report at - or purchase a Certificate of Title or Planning Certificate from www.landata.vic.gov.au

•  View the Department of Environment, Land, Water and Planning’s (DELWP) state wide mapping service, VicPlan, at https://mapshare.vic.gov.au/vicplan/

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.

The following link will provide more information on exemptions: Exemptions from requiring a planning permit to remove, destroy or lop native vegetation

There are many types of liquor licences. Most require planning permission prior to obtaining a liquor licence from the Victorian Gambling and Casino Control Commission (VGCCC).

The type of licence required is determined by VGCCC, not by council or the applicant. Therefore, you should contact VGCCC to determine the appropriate type of licence before making an application for a planning permit. Details of the type of liquor licences that require a planning permit can be found here ( https://www.vcglr.vic.gov.au/liquor/major-or-temporary-event/apply-new-licence/planning-permit-information)

A permit is also required for the following:

• a different licence, or category of licence from that which is in force
• if the hours of trading allowed under any licence are to be extended
• if the number of patrons allowed under any licence is to be increased
• If the ‘red line’ (licensed area) is being extended

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.

View Subdivision Information

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.

Council offers a planning pre-application discussion service. This allows you to book a meeting with a council planner and gain valuable feedback prior to the application formally being lodged.

For information on how to access this service, see the Planning Pre-Application Discussion Service section

Every application for a planning permit is required to be accompanied by a current Certificate of Title, which will include details of any obligations affecting what can be done on or with the land.

Every parcel of land in Victoria is in a zone. The zone provides rules as to how that land can be used and developed.

Common zones in Latrobe include:

• residential zones (such as the Township Zone, Low Density Residential Zone, Mixed Use Zone, General Residential Zone and Neighbourhood Residential Zone, Residential Growth Zone)
• industrial zones
• commercial zones
• rural zones (such as the Rural Living Zone, Rural Conservation Zone and Farming Zone)
• public land zones (such as the Public Use Zone, Public Park and Recreation Zone, Public Conservation and Resource Zone, and Road Zone)
• special purpose zones (such as the Special Use Zone, Urban Floodway Zone and Urban Growth Zone).

Zoning helps to avoid conflicts between different types of land uses and ensures that development is appropriate for an area.

To find out what zones apply to a property:

• View the Department of Environment, Land, Water and Planning’s (DELWP) state wide mapping service, VicPlan, at https://mapshare.vic.gov.au/vicplan/

Overlays operate in addition to zones. An Overlay may seek to achieve certain design and building standards for the land, including:

• bushfire
• environmental
• land management
• heritage
• flood issues
• parking

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.

To find out what overlays apply to a property:

• View the Department of Environment, Land, Water and Planning’s (DELWP) state wide mapping service, VicPlan, at https://mapshare.vic.gov.au/vicplan/

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:

• Bushfire Planning and Design Accredited Practitioners
• Department of Environment, Land, Water & Planning - Bushfire Managment Plan Information

The Floodway Overlay (FO) identifies land in in both rural and urban areas that allow the passage of flood waters or store flood waters during a flood event

The Land Subject to Inundation Overlay (LSIO) have a lower flood risk than FO areas.

The FO and LSIO require a planning permit for certain developments and the subdivision of land.

Advice should be sought from West Gippsland Catchment Management Authority https://www.wgcma.vic.gov.au/flood-advice/flood-advice-request-form before apply for a planning permit.

A Heritage Overlay (HO) is used to protect sites that have heritage value, meaning that individual buildings or whole precincts may be covered.

Common reasons for needing a planning permit in a Heritage Overlay, include:

• subdivide or consolidate land
• demolish or remove a building (including part of a building)
• construct a building (including part of a building, or a fence)
• externally alter a building
• construct or carry out works
• construct or display a sign

An easy to follow description of how to read a heritage overlay and the different related documents is found at What is a Heritage Overlay 

• Citations
• Exemptions

Each property has a set of planning controls which specify when a planning permit is needed. To find out what controls apply to your property, you can:

• Obtain a free property report at - or purchase a Certificate of Title or Planning Certificate from  www.landata.vic.gov.au
• View the Department of Environment, Land, Water and Planning’s (DELWP) state wide mapping service, VicPlan, at https://mapshare.vic.gov.au/vicplan/

Council encourages all plans be drawn by an architect or draftsperson and be of a professional standard. Plans must include all the required information and be drawn to scale. 

For further information about the requirements when preparing plans to be lodged, please see the planning application and process section of our website.

The minimum garden area requirement specifies the percentage of a lot that must be set aside to ensure the open garden character of suburbs is protected.

• Minimum garden areas requirements 

For guidelines on how to apply for a planning permit visit How to Apply

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.

Particular documents are required with each type of planning application, see Before I Apply.

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.

Pre-Application

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.

Proposed amendment/s to an active (undecided) planning permit application or active amendment application can be made under section 50 and section 57A of the Planning and Environment Act 1987.

View further information on what is required to amend a current application.

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.

View more information about the VCAT Appeal Process.

You can appeal council's planning permit decision by contacting the Victorian Civil and Administrative Tribunal (VCAT). An application for appeal must be made within the prescribed time periods.

VCAT Appeal Process.

No, council cannot issue a permit until the appeal time period has expired.

Visit the VCAT website for more information www.vcat.vic.gov.au.

Post Approval Planning Requests

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.

View further information on what is required for an application for an Extension of Time to a planning permit.

Planning permits generally consist of two documents; the planning permit and the endorsed plans. You can propose changes to the planning permit, the endorsed plans, or both.

Your request to amend the permit or plans must follow the same process as planning permit application, including the notification process. View the Planning Process.

Further information on what is required for an application to amend a planning permit and to make an application, can be found here.

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.

Minimum lot sizes for subdivision are prescribed by the relevant zones, schedules and overlays that apply to the property under the Latrobe Planning Scheme.

Any application for subdivision must comply with the relevant subdivision requirements to enable an assessment to be undertaken.

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.

The SPEAR system enables subdivision applications to be lodged, managed, referred and approved online.

Applicants are able to track the progress of their application via the Internet from lodgment through to approval, certification and the creation of new land titles.

This is a 'paperless' process between Council, surveyors, referral authorities, VCAT and the Titles Office and saves time and money for all parties involved.

Several surveyors in the Latrobe City Council area are using SPEAR to process subdivision applications on behalf of applicants.

All certification applications and plans lodged pursuant to the Subdivision Act 1988 must be prepared by a licensed land surveyor.

Planning permit applications for subdivision can be complicated and have certain legal requirements.  

It is advised that you engage with a registered land surveyor to oversee the application process, whose professional skills enable them to manage the complex nature of subdivision.

Sometimes when land is subdivided a building envelope is placed as a restriction on the title of the land or endorsed plans.

A building envelope illustrates an outline of that portion of the lot where buildings can be constructed.

The only way to find out if a building envelope applies to a property is by obtaining a copy of the Certificate of Title to the land.

Council does not keep records of property titles. To obtain a copy of title please visit the Landata website.

The Title will detail whether you can apply to Council to construct outside of the prescribed envelope.

‘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).

There are strict guidelines, covering the type of documentation required and the objectives that need to be satisfied under Rescode in Clause 54 and Clause 55 of the Latrobe Planning Scheme. View Templates and Guides.

If a shed is proposed on a lot without a dwelling, this may be classified as another form of land use such as a store which:

• may be prohibited by the zone; or
• may require you a planning permit.

Living in a shed is often seen as a cost‐effective and practical option while building a house.

However, it is illegal to occupy a shed or garage for residential purposes unless building and planning permit approvals have been obtained to construct a permanent residence on the site.

Any shed proposed to be used for temporary accommodation would also need to comply with the Building Code requirements for residential buildings.

Residential buildings require a higher standard of construction and significant and costly upgrade works will usually be required.

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.

It is always advisable to contact Council’s Planning and Building Departments to ensure the buildings on a property that you are interested in are legal.

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).

• Report and Consent Form
• Building Over Easements Policy

You can run a business from your house/dwelling without a planning permit, as long as it meets the 'Home Occupation' requirements specified in the Latrobe Planning Scheme.

A planning permit is not required for a 'Home Occupation' sign if the sign does not exceed 0.2 sqm in area and is not in an area included in the Heritage Overlay.

If the home occupation requirements cannot be met, the business will need to be operated from a suitable commercial area.

In Victoria, local councils have not sought to control short-term letting or visitor accommodation in an existing residence through local planning schemes.

It is recommended you contact Council’s Building and Health Department (link to Council Contact page) about your proposal as there may be other regulations that need to be adhered to.

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.