HUME CITY COUNCIL STATUTORY PLANNING GUIDELINES

Transcription

1 HUME CITY COUNCIL STATUTORY PLANNING GUIDELINES

2 STATUTORY PLANNING GUIDE About planning... 2 When a planning permit may be required... 3 Subdivision... 7 Certificates of Title... 8 Hume Planning Scheme... 9 Zones and overlays The planning permit process Planning fees Forms and checklists Planning enforcement Performance statistics Frequently asked questions Contact us Planning (quick links)

3 ABOUT PLANNING The Statutory Planning department helps to manage the way in which the municipality grows and develops. It works closely with the Strategic Planning department on the formation of policies and amendments to the Hume Planning Scheme to achieve the future vision for the municipality. Hume City Council s statutory planning department is split into three units with slightly different functions: Planning Administration Assess planning applications and issue planning permits. Growth Areas Assess applications for large developments (estates etc.) and applications to subdivide land. Planning Enforcement Conduct audits on compliance with planning permits and investigate complaints regarding the use and development of land. A planning permit is a legal document that allows a certain use or development to occur on a specified parcel of land. The statutory planning department issues these permits in accordance with the requirements of the Hume Planning Scheme. To find out more about planning you can: View our General Planning Factsheet, View the Planning and Environment Act 1987 or Visit the Department of Transport, Planning and Local Infrastructure (DTPLI) website. For copies of issued planning permits and endorsed plans, you may fill out the relevant form and submit it to the statutory planning department. Additional fees may be required for file search or retrieval. The process of obtaining copies of plans and permits can take up to 14 days. THE DIFFERENCE BETWEEN PLANNING PERMITS AND BUILDING PERMITS Planning permits should not be confused with building permits. Requirement Sequence Who can Issue Planning Permits A planning permit is only required for certain uses and developments. If required, a planning permit will need to be granted before a building permit can be issued. Any conditions must be consistent with the building permit. Planning permits are generally only issued by local councils. Building Permits A building permit is required to construct any building or dwelling. A building permit cannot be issued if there has been no planning permit or prescribed approval obtained (if planning permit required). Any conditions must be consistent with the planning permit. Building permits can be issued by any registered building surveyor under the Building Regulations Act This includes Council s Building Department or your own nominated private building surveyor. If you are unsure, it is recommended that you contact Council s statutory planning department or the building department on (03) for further information. You can also visit the building department page on Council s website. 2

4 WHEN A PLANNING PERMIT MAY BE REQUIRED There are a variety of instances where you may need a planning permit to make changes to a property, some of which are listed below. For general advice on whether you require a planning permit, you can view the Hume Planning Scheme, contact the statutory planning department on (03) or visit us on level 5 of the council offices in Broadmeadows. To obtain confirmation in writing we encourage you to complete an Application for Information on Planning Controls and submit it to the statutory planning department with the relevant fee. This will allow a town planner to provide a more detailed and researched response to your enquiry. Receiving written confirmation from council may take up to 14 days. If a planning permit is required, Council also recommends arranging a pre-application meeting to discuss your application prior to formally applying. You can book a pre-application meeting by contacting the statutory planning department on (03) or by ing contactus@hume.vic.gov.au. It is important to note that having a pre-application meeting does not necessarily mean that your application will immediately be approved when it is lodged with council, but it will assist in identifying major issues or concerns with your proposal. You will need to bring copies of: preliminary or concept plans; a detailed explanation of your proposal; and a current certificate of title (including any covenants or additional agreements); If you have been working with a consulting town planner, architect or draftsperson it is recommended that they also come to the pre-application meeting. You can find out more about pre-application meetings by viewing our factsheet. Below is general information on common proposals submitted for planning approval. In all instances it is recommended that you contact the statutory planning department if you are unsure about the planning requirements. CHANGE THE USE OF LAND Each property will have zones and overlays which affect how it can be developed or used. If you want to develop or use the land in a different way, you may need to apply for a change of use planning permit. You may also require a planning permit to change the opening hours of your business or modify car parking provision. You can view our checklist for more information on lodging change of use permits with council. NEW DWELLINGS Most residential properties may have one dwelling on the land without requiring approval from town planning. However, there are instances approval may be required (i.e. the property is covered by the Melbourne Airport Environs Overlay). A planning permit will also be necessary if you want to build an additional dwelling. It is recommended that you consult with your neighbours prior to submitting your application, to inform them of the process and address potential areas of concern. 3

5 WAREHOUSE OR FACTORY A planning permit will be required to build a warehouse or factory. In some instances you will need a planning permit to use an existing building for a factory or warehouse. In non-commercial areas of the municipality, it is likely that the development of a warehouse or factory is prohibited. It is recommended that you contact the statutory planning department for further information. EXTENSIONS AND OTHER CHANGES In some circumstances a planning permit may be required to extend a building or change it in some way, especially if there is an existing permit in place. For advice on whether a planning permit is required to make these changes, you can contact the statutory planning department. VERANDAHS, PERGOLAS OR SHEDS If you are looking to construct a veranda, pergola or shed you should contact the statutory planning department. SIGNAGE The diagram below provides guidance on who to contact if you would like to display signage. Is your proposal for pubic or private land? Private land Contact Statutory Planning (03) Public land Alongside a road maintained by VicRoads Alongside a road maintained by Council On other land owned by Council Contact Statutory Signage Officer Transport & Planning Department Vic Roads (03) Contact Road Management Hume City Council (03) Contact Property & Development Hume City Council (03) It is recommended that you contact council to find out if a planning permit may be required to display signage on your property. Prior to contacting council, we recommend having the following information ready: proposed location dimensions type of sign (you can check the planning scheme for further information) whether there are any existing signs on the land Signs that commonly require a planning permit include business identification signage, internally illuminated signs and major promotion signs. 4

6 INSTALL A SATELLITE DISH A planning permit may be required to use land to construct, install or carry out works for a satellite dish if it doesn t meet these conditions: the satellite dish is less than 1.2 metres the satellite dish is between 1.2 metres and 2.4 metres provided: it is not visible from the street (other than a lane) or a public park; and it meets the setback requirements For more information on obtaining planning permits for a satellite dish, you can view our factsheet. REMOVE A TREE It is unlikely that you will require a planning permit to remove a tree on your property, although you may need consent from council. Prior to contacting council, it is requested that you check the following: Is the tree native to Victoria? Is the tree detailed in the original garden landscaping or shown on the endorsed plans? Are there any tree controls listed on your certificate of title? Are there any tree controls noted in developer s estate guidelines? Are there any conditions on your planning permit protecting vegetation? Is your property larger than 4000 square metres in size? If you are unsure or require further clarification, please submit a request in writing to council with the following documents, in addition to the information above. Your name and contact details; Your property address; A plan of your property showing the location of trees including their dimension and height; A description of the tree species; An explanation as to why the tree is proposed to be removed Requests to remove native vegetation are assessed under clause of the Hume Planning Scheme. HOME OCCUPATION Starting a business on your own property requires you to first meet certain requirements, as laid out in clause of the Hume Planning Scheme. If you are unable to meet these requirements (including obtaining a permit where necessary), then the business cannot operate on your property. There may also be zones or overlays which will affect your proposal. Prior to contacting council about starting a home business, it is recommended that you check these guidelines, zones and overlays first. It is also important to note that for some occupations, other permits may also be required. For example, businesses requiring food handling may need to be referred to Council s Health Department. For assistance with starting your business you may also want to contact Council s Economic Development team. Our customer service officers will help direct enquiries to these departments if you call (03) REMOVE OR VARY A RESTRICTION 5

7 In some cases, a property may have a restriction (or covenant) listed on a certificate of title which restricts certain uses or development on the land. There are various ways in which you can remove these restrictions on your certificate of title; one of these is to submit an application for a planning permit. Any application to remove or vary a restriction must be advertised to all beneficiaries of the covenant or restriction. This can be quite extensive if the covenant affects a large area, it will also need to be advertised in your local newspaper. A list of beneficiaries must be certified by a suitably qualified person (usually a legal practitioner or property law professional) and submitted with any application. If a beneficiary objects to the proposal Council must refuse the application. Please note that the Hume Planning Scheme also requires council to refuse any application where council is not satisfied that any beneficiary will not suffer any loss or detriment if the covenant is removed or varied. For more information on the removal of restrictive covenant, you can visit the Department of Transport, Planning and Local Infrastructure s webpage. ( ALTER CAR PARKING PROVISIONS Car parking ratios are dependent on how the land is being used. In certain cases you may be able to apply for planning approval to decrease the car parking provision on your property. A detailed report produced by a suitably qualified traffic consultant must be submitted with any planning permit application to reduce car parking provisions. DEMOLITION Demolition requests (under section 29A) are submitted to the planning department for confirmation as to whether a planning permit is required to remove the building or structure. To obtain confirmation you must complete the form 29A and submit it to the statutory planning department with the relevant fee. LIQUOR LICENSES A Liquor License may need to be obtained to use land for selling or consuming liquor, prior to applying for a planning permit. For further information on this process you can view the Liquor licensing checklist for licensed premises. 6

8 SUBDIVISION Subdivision is the division of land into two or more lots which can be sold separately. Subdivision can also include re-aligning or altering title boundaries even if the number of lots does not change. If you want to subdivide your land, there are three stages you must be aware of: obtaining a planning permit to subdivide; certifying of a plan of subdivision; and the release of a statement of compliance There is no minimum lot size for residential subdivision. However, in most cases you will need to apply for a permit to develop your land before making an application to subdivide. Once the development permit is obtained, the subdivision should be a straightforward process which creates lot boundaries to accord with the approved development. Subdivision is complicated and has certain legal requirements, and therefore the applicant must be a licensed Land Surveyor. To find a licensed land surveyor you can go to the Association of Consulting Surveyors website, the Surveyors Registration Board of Victoria website or search the Yellow Pages. In most cases, your surveyor will be our primary contact, so we recommend that you speak to them first if you have any questions. You can find out more about subdividing your property by looking at our factsheet. SPEAR SPEAR is an online system hosted by the state government allowing subdivision applications to be lodged and processed online with your local council. Hume City Council uses SPEAR for all applications for the certification of plans, and most applications for subdivision planning permits. Applications to subdivide should be lodged directly on SPEAR by your surveyor, allowing all parties to keep track of the application. After it is lodged in SPEAR, the fee must be received by council prior to us processing the application. Please ensure that you include the SPEAR reference number when paying for your application. SECTION 173 AGREEMENTS A Section 173 Agreement is a legal contract between the council and the property owner, detailing what can or cannot be done on the land. Once the agreement is registered it is attached to the certificate of title. Some planning permits require parties to enter into a Section 173 Agreement to ensure conditions are upheld. If this is a condition on your planning permit, it is recommended you speak to a lawyer specialising in planning who can assist with the requirement. Council s lawyers may prepare the Section 173 Agreement at the cost of the applicant. Fees are also applicable to the applicant for Council s lawyers to review agreements prepared by other organisations. 7

9 CERTIFICATES OF TITLE A certificate of title is a legal document relating to a particular parcel of land. It details information about the property including the current owner of the land and any relating conditions for further development. It is a requirement of all planning permit applications to include a full copy of title, no more than 3 months old. Certificates of title can be acquired through the Land Titles Office. A copy of your certificate of title is also required to be submitted when applying for information on your property. You can contact the Land Titles office on (03) , via their website or by visiting them in person at the following address: Land Information Centre Level 10, 570 Bourke Street Melbourne VIC 3000 Hume City Council does not hold Certificates of title and without these, planning officers cannot provide sound advice on any restrictions that may affect your property. 8

10 HUME PLANNING SCHEME The Hume Planning Scheme sets out policies and requirements for the use, development and protection of land. There is a planning scheme for every municipality in Victoria. Any applicant for a planning permit must comply with this scheme. Every State Minister, government department, public authority and municipal council must also comply unless specifically exempted by Parliament. You can view the Hume Planning Scheme and conduct a free property search on your property here. 9

11 ZONES AND OVERLAYS Every property is located within a specific zone which reflects the main use of that land as intended by the Hume Planning Scheme. Land can also be subject to certain overlays or requirements which may further influence the use of that land. Council is not the responsibility authority for zones and overlays. Planning zones and overlays are detailed in the Hume Planning Scheme. To find out the zoning and overlays of your property you can conduct a free Property Search. Please note that the property search is a tool provided by the state government. To confirm the zoning and overlays of your property, you will need to obtain a planning certificate. The zoning and overlays of a property will determine whether you require a planning permit for a proposed use. If you are enquiring about changing the zones and overlays that affect your property, you will need to need to contact council s Strategic Planning Department on (03) ABORIGINAL CULTURAL HERITAGE AREAS In some cases, in addition to the planning zoning and overlay requirements, all or part of your land may be in an area of Aboriginal cultural heritage sensitivity. If this applies, a planning permit application would need to address the Aboriginal Cultural Heritage Act 2006 and Aboriginal Cultural Heritage Regulations In particular, the permit applicant must establish whether a cultural heritage management plan is required to be prepared, and if so, provide one with their application. A cultural heritage management plan is required if: All or part of the land is in an area of Aboriginal cultural heritage sensitivity, The proposal is a high impact activity as defined under the Aboriginal Heritage Regulations 2007 and The land has not been subject to significant ground disturbance. To find out if your land is in an area of Aboriginal cultural heritage sensitivity, you can do a property search. Assistance is available from the Department of Transport and Local Infrastructure (DTPLI) website to find out if a cultural heritage management plan is required. 10

12 THE PLANNING PERMIT PROCESS This guide sets out steps you will need to follow to apply for a planning permit. Click on each section for further information. Research Pre-Application Meeting Lodgement Preliminary Assesment Further Information Referrals Advertising Decision Appeals & VCAT Amendments You can find out more about the planning process by viewing our factsheet. 1. RESEARCH Relevant sections of the Hume Planning Scheme provide guidelines and policies for various types of land use. You will need to follow these guidelines, along with any other planning related regulations. They may also help you determine what documentation will be required in order to submit your application, streamlining the planning process. 2. ORGANISE A PRE-APPLICATION MEETING If a planning permit is required, it is recommended that a pre-application meeting with council be arranged. Pre-application meetings help applicants to determine information required for an application and identify any potential siting and design issues, streamlining the planning process. All applicants are encouraged to arrange a pre-application meeting with a council planning officer prior to lodging a formal planning application. It should be noted that a pre-application meeting does not constitute formal approval of the proposal. To book an appointment, contact the statutory planning department on (03) For further information you can view the Pre-application meeting factsheet. 11

13 3. SUBMIT YOUR PLANNING PERMIT APPLICATION Applications for planning permits can be submitted in person or by mail to the Hume City Council Offices. As a minimum, the following documentation is required when submitting an application includes: Appropriate application fee Completed application form Full certificate of title, not older than 3 months, along with copies of any restrictions, covenants, agreements and diagrams Written consent from the relevant authority regarding any buildings or works over any easement Planning related encumbrances, caveats and notices such as covenants or Section 173 Agreements Three (3) copies of plans drawn to scale with dimensions annotated. One (1) set of photo reduced (A3 sized plans) of the plans. Written submission with details of the proposal Additional documentation may be required depending on the nature of the application and any sitespecific considerations. For further information you can view our General Planning Application Checklist or our guidelines for completing a planning application form. The above documentation is required, otherwise the application is considered to be incomplete, will not be accepted by Council and will be returned to the applicant. After the application has been lodged, we will send you an acknowledgement letter with the name and contact details of the officer who will be assessing your application, as well as an application reference number. Please have these details available when making an enquiry to the council about your application. 4. PRELIMINARY ASSESSMENT & REQUESTS FOR FURTHER INFORMATION The allocated planning officer will undertake an initial assessment of your application. If they determine that any further information is required they will send you a letter outlining the remaining requirements, stating a date by which you must provide this information. If you are not able to provide the required information in the given time frame or request an extension in writing (including ) prior to the submission date, your application will lapse, ending the application process. You will be required to re-submit the application with the relevant fees if you wish for council to consider the proposal. For information on decision time frames you can view the Decision Timelines for Planning Applications factsheet. Statutory planning performance statistics are available to view. 5. REFERRAL The planning officer may refer your application to a referral authority (an external organisation) as a requirement of the Hume Planning Scheme. Internal departments within council may also need to provide comments. In most instances, referral authorities have 28 days to comment on an application. 6. PUBLIC NOTICE & OBJECTIONS 12

14 It may be determined that your planning application is required to be advertised to the surrounding properties. Council will send letters notifying owners and occupiers which may be affected by the application on your behalf, and may provide you with a sign/s which must be placed on the property for a set time frame (usually 14 days). The advertising fees can be found here. Documents for applications that are currently at advertising can be viewed at any of the council customer service offices listed on the notification. If you wish to object to a planning application, you will be required to submit your objection in writing or complete the relevant form. For the objection to be processed correctly it requires a contact name and postal address, as well as a signature from each individual objecting to the application. Objections should be submitted before the date specified on the notice in order to ensure that they are considered before Council makes a decision on the application. Please note that all objections are public documents and copies may be provided to the applicant if requested. For further information, you can view the Understanding the advertising process of a planning application factsheet. 7. COUNCIL DECISIONS The outcome of the planning permit application will be determined by Council officers under delegation or councillors at a council meeting, depending on the nature of the application and the number of objections lodged. Potential outcomes of planning permit applications include: Planning Permit if council supports the application and there are no objectors, the planning permit will be issued. Note that modified plans may still be required. Notice of decision to grant a permit if council supports the application but objections have been submitted, a notice of decision will be issued, indicating council s intention to grant the permit. Any objector will receive this notice and will be given 21 days to lodge an appeal at the Victorian Civil and Administrative Tribunal (VCAT). If no appeal is lodged during this time, council will issue the planning permit. Refusal or notice of refusal if council does not support the application, despite the number of objections; it may refuse the planning permit application. The applicant will have 60 days to appeal this decision at VCAT. When it is issued, there are conditions on the planning permit which must be fulfilled by the owner and/or applicant. This may include the requirement to submit amended plans or undertake further actions with another department or organisation. The planning enforcement team ensures that the conditions which have been imposed on the planning permit are adhered to. 8. APPEALS & VCAT The Victorian Civil and Administrative Tribunal (VCAT) is a Victorian Government tribunal which deals with many kinds of disputes, including matters relating to town planning. All parties have the option of appealing council s decision at VCAT. For more information on this process you can view the Appeals to VCAT factsheet. 9. AMENDING A PLANNING PERMIT OR PLANS 13

15 Minor amendments to endorsed plans can generally be applied for by submitting a Secondary Consent application. For more significant changes to the plans or any changes to the permit conditions, you will be required to submit an application to amend a planning permit. Applications to amend a planning permit can be submitted in person or by mail to the Hume City Council Offices. Documentation required to be submitted with an amendment application includes: Appropriate application fee Completed application form (ensure that you quote the previous planning reference number) Full certificate of title, not older than 3 months, along with copies of any restrictions, covenants, agreements and diagrams Written consent from the relevant authority regarding any buildings or works over any easement Planning related encumbrances, caveats and notices such as covenants or Section 173 Agreements Three (3) copies of plans drawn to scale with dimensions annotated. One (1) set of photo reduced (A3 sized plans) of the plans. Written submission with details of the proposal Additional documentation may be required depending on the nature of the application and any sitespecific considerations. Applications that are considered to be incomplete will not be accepted by council. For further information you can view our General Planning Application Checklist. After the application to amend a permit has been lodged, we will send you an acknowledgement letter with the name and contact details of the officer who will be assessing your application, as well as an application reference number. Please have these details available when making an enquiry to the council about your application. EXTENSION OF TIME If the use or development allowed by your planning permit has not been commenced or completed within the designated timeframes and is due to expire you can apply for an Extension of Time. Your permit can be extended providing the request for extension is received 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 extent the time to complete the development For consideration, provided it is lodged before the expiry date this can be submitted with the relevant form or in writing, and the appropriate fee should be attached. Please note that if the application to extend your planning permit has not been submitted within the allowed time frame, the planning permit has expired and a new application will need to be submitted if you wish to continue with the use or development. 14

16 PLANNING FEES The schedule of fees is updated the beginning of each financial year, many of which are regulated by the state government. They are required to be paid when lodging an application and will not be refunded if the application is not supported by council or withdrawn. Schedule of planning permit application fees Other fees applicable to town planning Schedule of amendment fees (s72) The below fees were current as at 1 July The next fee update is expected to occur 1 July COMBINED PERMIT APPLICATIONS (REGULATION 8) The fee for an application for any combination of the classes of application outlined below is the sum arrived at by adding the highest of the fees which would have applied if separate application had been made plus 50% of each of the other fees which would have applied if separate applications had been made (excl. fees for certification). APPLICATIONS FOR NEW PLANNING PERMITS (REGULATION 7) Class Type of Permit Application Fee 1 Change of use only $502 SINGLE DWELLINGS To develop land or to use and develop land for a single dwelling per lot or to undertake development ancillary to the use of the land for a single dwelling per lot if the estimated cost of development* included in the application is: 2 > $ $ $239 3 > $ $490 LAND DEVELOPMENT (other than for a single dwelling per lot) if the estimated cost of development* included in the application is: 4 $ (or less) $102 5 > $ $ $604 6 > $ $ $707 7 > $ $ $815 8 > $ $ $1,153 9 > $ $ $4, > $ $ $8, > $ $16,130 SUBDIVISION 12 To subdivide an existing building. $ To subdivide land into two lots. $ To effect a realignment of a common boundary between lots or to consolidate two or $386 more lots. 15 To subdivide land. $ To remove a restriction (within the meaning of the Subdivision Act 1988) over land if the $249 land has been used or developed for more than 2 years before the date of the applications in a manner which would have been lawful under the Planning and Environment Act 1987 but for the existence of the restriction. 17 To create, vary or remove a restriction within the meaning of the Subdivision Act 1988; or $541 To create or remove a right of way. 18 To create, vary or remove an easement other than a right of way; or To vary or remove a condition in the nature of an easement other than a right of way in a Crown grant. $404 15

17 *the cost of development refers to the total estimated cost of the development AMEND APPLICATIONS AFTER NOTICE HAS BEEN GIVEN (REGULATION 8A) Request to amend an application for a permit after notice of the application has been given under section 52 for every class of application set out in the table in regulation 7 Request to amend an application for a permit after notice of the application has been given under section 52 for every class of application set out in the table in regulation 8B $102 $102 CERTIFICATES OF COMPLIANCE (REGULATION 10) Application for a certificate of compliance under section 97N $ PLANNING CERTIFICATES (REGULATION 11) Application for a planning certificate under section 198 $18.20 SATISFACTION MATTERS (REGULATION 12) Determining a matter where a planning scheme specifies that the matter must be done to the satisfaction of a responsible authority or a referral authority $ Download: Schedule of planning permit application fees SUBDIVISION FEES Certification base fee $ Certification fee per lot $20.00 Re-assessment fee prior to certification $ Re-certification fee post certification $ Compliance inspection fee 2 nd or subsequent inspections only $ PUBLIC OPEN SPACE CONTRIBUTION When subdividing a property, council may impose a public open space levy on the applicant as a requirement of the Hume Planning Scheme. This contribution assists with the creation of maintenance of open spaces within the community. Council will require this contribution if it considers that, as a result of the subdivision; there will be a need for more open space. Whether or not a property is subject to this levy will depend on the town planner s assessment and will be determined when an application is made for planning approval. Clause of the Hume Planning Scheme also sets some exemptions to this contribution. The fee is based on the value of the land as a whole, prior to subdivision. Council will conduct a valuation of the property that is to be subdivided, in order to ascertain the amount that needs to be charged. Generally, the open space contribution is 5% of the value of the property prior to subdividing. 16

18 Payment of the Public Open Space Contribution will need to be paid by the applicant, before a subdivision is released by council (before issuing the Statement of Compliance). COMMUNITY INFRASTRUCTURE LEVY The Community Infrastructure Levy is a fee paid to the council by developers to assist in the provision of local facilities and services for each estate. The levy is generally paid for upfront by the developers upon settlement of a parcel of land. However, for some estates, (such as the Merrifield and Trillium estates) the developers will pass this requirement on to individual land owners. It is recommended that you contact the land developer for further information on your specific estate. Alternatively you can contact council s Strategic Planning department on (03) AMENDMENTS TO PERMITS UNDER SECTION 72 (REGULATION 8B) Class Type of Permit Application Fee 1 An application to amend a permit to use land if that amendment is to change the use $ for which the land may be used: 2 An application to amend a permit (other than to develop land or to use and develop land for a single dwelling per lot or to undertake development ancillary to the use of the land for a single dwelling per lot): $ (a) to change the statement of what the permit allows; or (b) to change any or all of the conditions which apply to the permit; or (c) in any way not otherwise provided for in this regulation SINGLE DWELLINGS: An application to amend a permit (other than a permit to subdivide land) to develop land or to use and develop land for a single dwelling per lot or to undertake development ancillary to the use of the land for a single dwelling per lot if the estimated cost of development* included in the application is: 3 > $ $ $ > $ $ LAND DEVELOPMENT To develop land (other than for a single dwelling per lot) if the estimated cost of development* included in the application is: 5 $ (or less) $ > $ $ $ > $ $ $ > $ $ An application to amend a permit to: $ (a) subdivide an existing building; or (b) subdivide land into two lots; or (c) effect a realignment of a common boundary between lots or to consolidate two or more lots Download: Schedule of amendment fees (s72) *the cost of development refers to the total estimated cost of the development OTHER PLANNING FEES Extension of Time to Permit $ Re-assessment fee (Planning) prior to notice of application $ Application amend plans under secondary consent $

19 Copy endorsed plans (GST inclusive) Please note: A search fee may be payable if permit reference is not known. Copy endorsed permit (GST inclusive) Please note: A search fee may be payable if permit reference is not known. Property Information on Planning Controls (GST inclusive) Residential: Commercial/Industrial: Advertising fee (first 10 units) GST inclusive Advertising fee(per unit thereafter) GST inclusive Demolition Form A Request under Section 29A (Building Act) for Report and Consent on Demolition $25.00 $25.00 $ $ $ $11.00 $59.62 Download: Other fees applicable to town planning 18

20 FORMS AND CHECKLISTS FORMS New applications Amendment applications Planning information Advertising Miscellaneous Form Planning permit application form Declaration to amend a current planning application Application to amend a planning permit (S72) Application to amend plans under secondary consent Application for information on planning controls Application for copy of planning permits and endorsed plans Objection to permit applications Statutory declaration Statutory declaration (if advertised in newspaper) Request for an extension of time to a planning permit Report and consent demolition form (29A) Credit card payment form Compliance inspection request form FACTSHEETS & CHECKLISTS Planning process Multiple dwellings & subdivision Other development or use Miscellaneous Pre-application meetings Planning permit checklist How to complete a planning permit application form General planning information factsheet General planning application checklist Decision timelines for planning applications Multi dwellings planning application checklist Checklist for res-code multiple dwellings Can my property be subdivided? Change of use planning application checklist Satellite dish planning application checklist Buildings & works (excluding dwellings) planning application checklist Neighbourhood and site description design response planning application checklist Single dwellings on lots under 300 square metres planning application checklist New dwellings or house extensions in a heritage overlay Liquor licensing checklist for licensed premises Hume City Council development plan guidelines (2010) Landscape guidelines for commercial, industrial and residential landscapes Understanding the advertising process of a planning application Advertising signage planning application checklist Key issues for property owners factsheet Appeals to VCAT checklist 19

21 EXTERNAL LINKS Link Using Victoria s Planning System em/a-guide-to-the-planning-system Hume Planning Scheme e Property Search ddresssearch Land Titles Office SPEAR Victorian Civil & Administrative Tribunal (VCAT) Planning & Environment Telecommunication services and facilities in subdivisions data/assets/pdf_file/00 03/140556/AN49_Amendment- VC81_Telecommunications-services-and-facilities-insubdivisions-June-2013.pdf Department of Transport, Planning & Local Infrastructure Planning & Environment Act a / Subdivision Act a1j html?stem=0&synonyms=0&query=sub divisions Planning Scheme Amendments Online s/changingtheplanningscheme/amendmentsonline Office of Aboriginal Affairs Victoria Apiary Code of Practice (2011) Code of Practice for Circus and Carnivals (1997) data/assets/pdf_file/00 05/41828/Circus_Code.pdf Description A general guide to Victoria s planning system View the Hume Planning Scheme and find out the zones and overlays of your property Get a copy of your certificate of title a requirement for all planning applications The online system used for all subdivision applications Hears and determines planning and environmental disputes. A factsheet providing more details on the new Telecommunication requirements for subdivisions introduced in Provides statutory and strategic guidance about the Victorian planning system. The framework for planning in Victoria relating to the use, development and protection of land. Sets out the procedure for the subdivision and consolidation of land. The act also relates to the creation, variation and removal of easements or restrictions. Provides up to date information on the status of amendments to all planning schemes in Victoria and the Victoria Planning Provisions (VPP). Provides advice to the Victorian Government on Aboriginal policy and planning, and delivers key programs. A document for the management of beehives and incorporates a reference or minimum standard by which all persons who own, manage or operate honey bee hives in the State of Victoria must comply Aims to protect the amenity of residents and provide a degree of certainty to the circus and carnival industry by setting out the relevant 'Requirements to be met' if a site is to be occupied by a circus or a carnival for short periods. Aboriginal Cultural Heritage Management Questionnaire Department of Premier and Cabinet Department of Planning and Community Development questionnaire to determine if a Cultural Management Plan is required with your application General information on the Aboriginal Cultural Management Plan 20

22 (DPC) Aboriginal Affairs How to get the best out of planning: a guide to facilitating meetings (1997) data/assets/pdf_file/00 06/41838/How_to_get_the_best_out_of_planning_Au g_1997.pdf Policy & Instructions for the purchase, compulsory acquisition and sale of land (2000) data/assets/pdf_file/00 13/110461/Policy_and_Instructions_for_the_Purchase _Compulsory_Acquisition_and_Sale_of_Land.pdf Code of practice: private tennis court development (1999) data/assets/pdf_file/00 19/41833/Code_of_practice_- _private_tennis_courts.pdf Requirements for watter supplies and access for subdivisions (2006) and_prepare/subdivision_reqs_water.pdf A code of practice for telecommunications facilities in Victoria (2004) data/assets/pdf_file/00 04/41827/Telecommunications reissue_2004.pdf Water Sensitive Urban Design (WSUD) Constructed Wetlands Guidelines (2010) Key principles and examples of how and where water sensitive urban design can be integrated into new developments. REFERRAL AUTHORITIES Link Melbourne Water Yarra Valley Water Western Water City West Water Jemena Electricity Networks Tenix Maintenance Services Melbourne Airport Public Transport Victoria (PTV) Department of Environment & Primary Industries (DEPI) Description Manage water supply catchments, treat and supply drinking and recycled water, remove and treat most of Melbourne s sewage, and manage waterways and major drainage systems in metropolitan Melbourne. Provide drinking water, sewerage, trade waste and recycled water services to some areas in the Hume municipality. Provide drinking water, sewerage, trade waste and recycled water services to some areas in the Hume municipality. Provide drinking water, sewerage, trade waste and recycled water services to some areas in the Hume municipality. Distributes electricity to most properties in the Hume municipality Provides gas to many properties in the Hume municipality Melbourne Airport must be notified if there is any application for a property within a Melbourne Airport overlay (MAEO) Provide and maintain public transport services in Victoria Help to protect the environment end ensure sustainability 21

23 (previously known as Department of Sustainability & Environment (DSE)) Country Fire Authority (CFA) Metropolitan Fire Brigade (MFB) VicRoads EPA Victoria Operates in non-metropolitan areas to ensure that safety measures are complied with Operates in metropolitan Melbourne areas to ensure that safety measures are complied with Assist in maintaining major roads in the Hume municipality Help to protect the environment end ensure sustainability 22

24 PLANNING ENFORCEMENT A key role of the statutory planning department is to enforce the Hume Planning Scheme, ensuring that planning permits are complied with and reporting any breaches. Planning enforcement staff are responsible for preparing infringement notices and summons or briefs for prosecution resulting from these breaches. If you are concerned that a property is not complying with a planning permit, you can submit an enquiry in writing to council s planning investigation unit by post or . When making an enforcement enquiry you are required to provide the following information: Your name; Your contact phone number; Your own property address; The address details of the property you are enquiring about; and A description of your enquiry Your contact details will not be provided to the property owner, and are only necessary for the purposes of communication between you and the allocated enforcement officer. The statutory planning department will process your enquiry and provide you with a reference number for you to quote in case you have any further concerns during the investigation process. An allocated enforcement officer will conduct an investigation into your concerns and contact you with the outcome as soon as possible. Due to the complex nature of some planning matters it is difficult to provide an indication of how long this process will take, however the allocated officer will provide further information on a case-by-case basis. For more information or if you have any concerns relating to planning enforcement, please contact the statutory planning department on (03) or contactus@hume.vic.gov.au. 23

25 PERFORMANCE STATISTICS Council s statutory planning department strives to continually improve its performance. A monthly report is presented to Council at its Planning Meeting, which details key performance indicators as well as matters dealt with under delegated authority. The report also includes a status update on matters before VCAT and any decisions. Download the Statutory Planning report here. Statutory Planning Monthly Report - April 2013.pdf ( kb) Statutory Planning Monthly Report - April 2013.doc (278 kb) 24

26 FREQUENTLY ASKED QUESTIONS Below are a list of frequently asked questions and general responses. For specific information on a particular property, or to have planning advice and confirmation in writing, please contact the statutory planning department on (03) WHAT IS TOWN PLANNING? Town planning involves the way Council manages the use of land in Hume. It is the way Council administers a series of laws and regulations including the Hume Planning Scheme. WHAT IS A PLANNING PERMIT? A planning permit is a legal document issued by council, allowing the use or development of a specific property. Not all building works require a Planning Permit. DO I NEED A PLANNING PERMIT? To find out if your proposed use and/or development requires a planning permit, it is suggested that you first view the Hume Planning Scheme for zoning and overlays (including any restrictions they may cause) before contacting the council. You may visit, call or the statutory planning department for further information. When visiting the council, ensure that you have a current copy of your certificate of title with you so that the planning officer has sufficient information to provide advice on the proposal. If you would like advice and confirmation in writing, you will be required to complete an application for property information and submit it to council with the relevant fee. IS THERE A FEE FOR MAKING A PLANNING APPLICATION? Yes. Fees are generally determined by the State Government, based on the expected cost of the development. The fee is not a fee for approval, so there is no refund if your application is refused. The schedule of fees for the statutory planning department can be found here. HOW LONG DOES IT TAKE TO PROCESS AN APPLICATION? How long it will take to assess your planning application can vary significantly, depending on a number of factors. The statutory time frame for issuing a planning permit is 60 days from the time that it is received by council. However, if further information is requested, the 60 days will commence from the date that this information is received and deemed satisfactory by the officer assessing the application. To get a clearer idea on how long your application will take to process, you can contact the statutory planning department after its submission. This would have allowed your application to be registered, allocated to a planner and a preliminary assessment to be undertaken. Factors which may affect how long it takes to assess your application include: The complexity of the application; Incomplete information provided to council; 25