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Understanding the Conditions of your Planning Permit

Your planning permit is approved - what now? Follow these steps to avoid issues.

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Step 1. Read the conditions of your planning permit

The conditions of your permit list things that you need to do either before, during or after:

  • construction; or
  • starting using the land/site or building

These might read as:

  • Before any works start….
  • Before the use of the building….
  • During the construction of the building….
  • The building approved by this permit must never be….
  • Within 3 months of the date of this permit, the permit operator must…

These things must be done when the condition says, or your permit may become a compliance matter.

If you are unsure what any conditions mean, please contact Council’s Statutory Planning Department.

Step 2. Understand the conditions of your planning permit

The following is an example condition on a planning permit; your conditions may be the same or very similar. The information provided below is generally how to comply with these conditions.

Amended plans ‘Before any works start, amended plans must be submitted showing:’

If this condition is included on your planning permit, you need to prepare and submit amended plans showing the specific information detailed in the condition to Council’s Statutory Planning Department for endorsement before anything can start. These amended plans are then reviewed by planning officers and if they are considered appropriate will be endorsed to form part of the planning permit.

You may also have similar conditions on your permit relating to:

  • Site drainage plans
  • Environmental management plans
  • Landscaping plans
  • Traffic management plans
  • Noise/acoustic assessments
  • Public open space contributions
  • Car parking levy
  • Section 173 agreements
  • Works required prior to the use commencing

If any such conditions are included on your planning permit, you need to complete the specific requirements detailed in the condition to Council’s satisfaction before acting on your permit.

Every planning permit will also contain a condition relating to expiry of the permit. The following is an example expiry condition; your expiry condition may be the same or very similar.

Expiry condition ‘This permit will expire if one of the following circumstances applies:’

This condition specifies the timelines for any use and/or development approved by the permit will expire, as well as the time frames for an extension of time that may be applied for. If the expiry date passes and no application for an extension of time is made within the requisite time frames, then the permit is considered to be no longer and thus has expired.

Step 3. Understand the notes of your planning permit

Check to see if there are any permit notes. The following is an example note on a planning permit.

Note – This permit does not authorise the commencement of any building construction or demolition works. Before any such development may commence, the applicant must apply for and obtain the appropriate building permits.

If this note is included on the planning permit, it is advising not to commence any buildings or works until you acquire the relevant building permits.

You may also have the same or similar notes on your permit advising of other approvals required or information to be aware of such as:

  • Building permit
  • Asset protection permit
  • Works on waterways permit
  • Permit to install or alter a septic system
  • Dial before you dig
  • Vehicle crossing permit

Step 4. You can start

Once all your planning permit conditions have been met, you may act on your permit.

If you are unsure if you can start, please contact the Council’s Statutory Planning Department for confirmation.

Step 5. Change your approved planning permit

Following approval of your planning permit you can apply to amend the:

  • endorsed plans
  • conditions of the planning permit
  • planning permit preamble

This is done via one of the following two methods depending on the changes proposed:

  • secondary consent - this process is used to make very minor amendments to existing Planning Permits.
  • amendments – this process is used to make major changes to existing planning permits.

If you are unsure which process is applicable to your proposal, please contact the Council’s Statutory Planning Department for confirmation.

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