Anyone who believes they may be detrimentally affected by a planning permit application is entitled to lodge a submission to the proposal.
Submissions should be lodged within fourteen days from the start of the advertising period, however, late submissions can be lodged at any time prior to the decision being made.
Submissions can be lodged by post, email or in person:
Land Use Planning Department
Wellington Shire Council
PO Box 506, SALE VIC 3850
Your submission must include the Planning Permit application number and the address of the site of the proposal. To allow for Council to contact you during the Planning Permit process, it should also include your name and address, telephone number and email address (if applicable). Please note that Council may provide copies of any submission received to interested parties (eg. the Planning Permit applicant) as part of the Planning Permit application process (including electronically). Council must also make a copy of every submission available for public inspection.
If you lodge a submission, the Planner will keep you informed of the application's progress and provide you with notice of the final decision.
The process for objecting to a Planning Permit is detailed below:
A public notice is mailed to you when someone has applied for a Planning Permit to develop and/or use a property near you and Council has determined that the development may cause material detriment to you as an adjoining landowner by the granting of a Permit. For example, if someone wants to build units near your property, you may be mailed a public notice to let you know what is proposed.
In addition, a sign displaying the public notice is often erected on the subject site. This sign is erected for a minimum of 14 days. The public notice describes what is being planned and where you can go to look at the plans. It is always a good idea to look at all the plans to fully inform yourself about the proposal.
Yes. Your objection must be in writing and clearly state the reasons for your objection and how you will be affected if a planning permit is granted. Your objection must include your name and postal details for the objection to be considered and to enable Council to contact you.
Objections should state exactly how the proposal will affect you and should relate to matters relevant to the proposed use or development.
There are also some matters which Council cannot consider under planning legislation and policy such as a perceived decrease in the value of a property as a result of a proposed development and/or use.
The planning application is usually advertised for a minimum of 14 days. The date on the public notice tells you when the advertising period finishes. Council Officers cannot make a decision on the application until completion of the Notice period.
Objections should be lodged within the Notice period although late objections will still be considered if a decision has not yet been made.
Council needs your name and address to keep you informed on the progress of the application and to advise you of Council's decision. In some circumstances, objectors are invited to attend a consultation meeting and we need to be able to contact you.
Objections can be viewed by members of the public and the permit applicant. Council also provides copies of the objections to an applicant.
Once Council has received a planning application it must process that application in accordance with the Planning and Environment Act 1987. Council is obliged to consider the application having regard to the Planning Scheme.
Council cannot reject an application simply because of the number of objections. It must base its decision on policy and planning considerations.
At the end of the advertising period, Council will consider whether a consultation meeting should be held before the application is considered further.
A consultation meeting is not held for every application; it depends on whether it is likely that some agreement may be reached between the parties or there is some other benefit likely to flow from having such a meeting (i.e. the sharing of information).
If a consultation meeting is required, Council invites the applicant and any objectors to this meeting.
The meeting provides a forum where discussions about the proposal can occur between the parties with a view to identifying concerns, possible means of addressing concerns and opportunities to improve outcomes for all participants in the process.
Planning Officers have delegated authority from Council under the Planning and Environment Act 1987 to consider planning permit applications and grant planning permits if appropriate.
If Council Officers support the application and no objections have been received a Planning Permit will be issued. The Permit will contain a number of conditions including a time limit for the commencement and completion of the use and/or development.
If Council Officers support the application and objections have been received, a 'Notice of Decision' will be issued. This is not a Planning Permit but indicates all the conditions which would form part of the Planning Permit if it was issued.
An objector has 28 days from the date of issue on the Notice of Decision to lodge an Application for Review against Council's decision to the Victorian Civil and Administrative Tribunal (VCAT) if they choose. If an Application for Review is not lodged, VCAT will notify Council a Planning Permit may be issued after the 28 day period has expired.
If Council Officers do not support the application, a Notice of Refusal will be issued which includes the reasons for the refusal. An applicant has 60 days to lodge an Application of Review with VCAT against Council's decision. Conditions on a Permit may also be appealed by the applicant.
Yes. Decisions can generally be independently reviewed at the Victorian Civil and Administrative Tribunal (VCAT).
Your Application for Review must be lodged with the Victorian Civil and Administrative Tribunal (VCAT). Further details, including associated costs, are available on the VCAT website.
Personal information provided will be used by Wellington Shire Council for the purpose of processing and assessing the planning permit application. The personal information will be used for that primary purpose or directly related purposes. Please note that copies of submissions will be made available to interested parties eg. permit applicant, for the purpose of enabling consideration and review as part of the planning process under the Planning and Environment Act 1987. If you have any questions or concerns please contact Council's Planning Unit.