Whether you are looking to free up money by subdividing your backyard or are looking at doing a multi-unit subdivision project.

Subdividing your land can be very profitable. But with the potential for profit comes the potential for problems along the way and it may not run as smooth as you think.  Engaging a professional to help you through the subdivision process makes it a lot less overwhelming and gives you time to focus on the bigger picture of your development.

If you have a big backyard subdividing and selling it for a profit seems like an obvious and easy opportunity. But it is hard to know where to start and whether you are in fact able too.

Determine whether you have enough land to subdivide

The first step is to make sure that you have enough space in your backyard to build a second house. Follow our quick site test to determine if your site is large enough to subdivide.

CHECK FOR SUBDIVISION COVENANTS OR RESTRICTIONS

The second step is to check that you do not have any restrictions on your property that may prohibit your subdivision. Some properties have covenants attached to them which do not allow more than one house to be built on a lot.  Town planners can identify if your property has one of these covenants and advise you on what to do next.  A restrictive single dwelling covenant does not mean that subdivision is not possible as it can be varied in order to allow you to subdivide, but it does make the process more complex.

Check for subdivision covenants or restrictions

Here are some of the ways a subdivision company can help you through the process:

• Professional town planners have extensive knowledge of planning controls and provisions so will be able to know immediately whether subdivision is an option for you and ensure a seamless approval.
• Town planning professionals have experience with local councils and can advise on what will be the best development option in your local area. They know what type of subdivision will have the best chance of approval as well as what type of design will be most attractive to buyers.
• Subdividing your property means lodging a lot of forms. Engaging a professional company saves you time filling out complex and lengthy paper work.
• Speedy approval is extremely important for a profitable subdivision. While delays will cause your profit margin to quickly decrease, having a professional on your side makes the process faster and much more efficient.

Remember subdivision is not as simple as you may think. Councils usually only approve subdivisions with town planning approval and development plans that they have endorsed.  This is to help them control what is built on the new vacant lot and ensure that planning rules are followed. If you are wishing to subdivide without building please read this important article to understand the process.

Do a cost/benefit analysis 

In addition when deciding whether to subdivide make sure you are aware of all the costs involved. You are responsible for paying the contribution fees to the water, electricity and sewer provider when your new block of land is created. Until these are paid you will not be able to sell your subdivided land. You will also be responsible for erection of onsite fences.

Appointing an experienced company to help you along the way is critical in making your subdivision experience faster, easier and less costly in the long term.

If you are building a residential development then it will be assessed under Rescode. Rescode applies to all land zoned for residential use across Victoria and covers buildings up to three storeys in height.

It is the job of town planners and architects to respond to the Rescode criteria to ensure a compliant design that will be approved by council whilst making sure you get the development you want.

The planning provisions are applied through planning or building permits and apply to:

• Construction of new dwellings
• Alterations and extensions to existing dwellings
• Residential subdivisions

Rescode has certain objectives that describe the desired outcome to be achieved in the completed development. These objectives are met through prescriptive standards.

For example the neighbourhood character objectives are:

• To ensure that the design respects the existing neighbourhood character or contributes to a preferred neighbourhood character.
• To ensure that the design responds to the features of the site and the surrounding area.

These objectives are met through the following standards:

• The design response must be appropriate to the neighbourhood and the site.
• The proposed design must respect the existing or preferred neighbourhood character and respond to the features of the site

Generally the standard has to be met in order to meet the objective. However, if the council is satisfied that an alternative design solution meets the objectives, the alternative design solution can be accepted.

Not all single dwelling developments require a town planning permit. Alterations or extensions to existing single dwellings usually do not require a planning permit. However one is required if the lot size is less than 300sqm or 500sqm if specified in a schedule to a residential zone or there is a Neighbourhood Character Overlay on the site.

All residential development applications are assessed by the following 13 rescode standards.

• Street setback
• Building height
• Site coverage
• Permeability
• Side and rear setbacks
• Walls on boundaries
• Daylight to existing windows
• North-facing windows
• Overshadowing open space
• Overlooking
• Daylight to new windows
• Private open space
• Front fences

These 13 Rescode standards have general standards that need to be met to be complaint. However certain schedules to planning zones may change the required standard. If you would like to know and understand the 13 standards please read this document.    

Understanding these requirements can be tricky and the challenge comes in designing a development that satisfies the standards whilst being a satisfactory design outcome for clients. As town planners and architects we deal with these requirements on a daily basis and have extensive knowledge of the planning provisions in Victoria to guide you through your development design. If you have a concern about any one of the 13 standards please contact us and we can explain it.    

Planning approval and building approval are two separate procedures and are applied for separately with their own rules and regulations, and sometimes it may be difficult to know which one you need.

Often a new development will require both a planning permit and a building permit but not always. Some developments will only require building approval. If a planning permit is required this will need to be approved before a building permit is issued.All building work is subject to a building permit unless there is an exemption for the proposed works. Any building permit issued after a planning permit must be consistent with the requirements of the Planning Permit, including conditions and endorsed plans. 

What is the difference between a planning permit and a building permit?

Planning approval is more about the suitably of your project whereas a building permit is more about the safety and construction.

A planning permit is applied for through the local council. The proposed development is assessed against the planning provisions. The planning process is used to ensure a development is appropriate for the area, that it complies with local and state government planning requirements and will have no adverse effects on the neighbourhood.

You can engage a town planner to make sure your planning application is handled professionally.

You can read more about the benefits of engaging a town planner here. 

A building permit is applied for through a building surveyor and is assessed against the Building Code of Australia and the Plumbing Regulations. You can’t start construction until a building permit has been issued.  A building permit ensures the building is structurally safe and complies with the relevant legislation. You can appoint a private building surveyor or your local council may have a building surveyor on staff that you can pay and appoint.

Which permit do I need?

The type, scale and extent of a proposed development will determine whether or not you need a planning permit as well as a building permit.  

In general construction, extensions or alterations to single dwellings, garages or out buildings only require building approval.

However you must confirm this with your local council as different councils have different rules. The location, planning zone, and overlay controls on your site will affect whether a planning permit is needed even at times for seemingly minor developments.

For example a development in a heritage overlay usually will require planning approval as well as building no matter what type of development it is.

If you have a development that requires planning approval give our friendly team a call today and we would be happy to help. 

Development projects can have many complications and pitfalls and you may be wondering whether you need a professional to help you through the process.

A town planner will prepare your development application to submit to council making sure that all the required information is submitted to the highest professional standard. They will manage your application liaising with council throughout the process to get the best outcome for their client. They act as the main point of contact to the council and any others involved in the project making the whole process much more efficient.

It may seem tempting to save money initially by lodging an application yourself or going with a town planner with the lowest price or an architect. However be aware expert town planners become invaluable when you hit obstacles in the application process such as objections from neighbours, strict councils and non-compliant and unsatisfactory design plans. Delays to an application can be extremely costly and time consuming eating into your profitable margin. That’s why it’s always better to leave it to the professionals.  

There are a whole list of benefits to engaging a town planner for your development: 

• Firstly they know how the council works and have previous experience and relationships with them.  
• They know how to talk to and negotiate with the town planners at council.
• They know all the requirements and information needed when submitting the development application. 
• Engaging a town planner alleviates a lot of stress and makes the process much more efficient.
•  They can identify potential problems with the application early and advise the best way to fix them.  
• Town planners know the planning requirements of the local area and can manage your expectations when it comes to your design so you don’t end up disappointed.

It is good to remember architects know how to design developments, town planners know how to get the designs approved through council.

If your application is refused town planners can offer advice on the best course of action and represent you at VCAT to appeal the decision.

Here are some questions to ask when looking to engage a town planner:

“Do they have local experience in the area?“

“Have they had similar projects approved?“

“What type of application are the local council accepting and rejecting?“

“Do they see any immediate problems with the application?“

Here at CS Town Planning we have expert town planners with a host of experience in dealing with local councils. Give us a call today to discuss your project.

To understand the nine steps and time frame to planning approval after your application is lodged click here

The planning process can seem daunting. It is hard to know where to start and exactly what to expect. Having a professional town planner to guide you through the process will no doubt make it a much more seamless and stress free experience.

What do you need to lodge an application?

Depending on the type of application and the council you are applying to the application requirements will differ. However in general you will need the following as a minimum:   

• Application form 
• Design response plans drawn by an architect
• Up to date property title 
• Town planning report addressing the relevant planning provisions  
• Council application fee

The next step is lodging your planning application. This process can be lengthily and seem complicated but it can be broken down into four simple steps.

STEP 1 – The application is lodged with the council and assigned to a town planner. Within 28 days of being assigned the town planner may write to request further information or request to amend aspects of the design that they would like to see changed. This happens in most planning applications.

STEP 2 – Once the town planner is satisfied with the further information response the application is advertised for a minimum of 14 days. A sign is usually erected on the site for the duration which outlines what the development application is for. Council also notifies the neighbours and gives them the opportunity to object.

STEP 3 – It is then time for council to make their decision. This includes assessing the design against the planning scheme, taking into account any objections and comments from referral authorities like Vicroads and negotiating with the permit applicant regarding any changes they would like.

STEP 4 – The council then issue there decision which will either be a planning permit, a notice of decision or a refusal. A planning permit usually has around twenty to forty conditions attached to it.

If there have been objections to the development then the council will issue a notice of decision to grant a permit. This gives objectors 28 days to apply to VCAT if they wish. If no application to VCAT is made then the permit will be sent to you after the 28 days.

If the council refuse the application or if you are unhappy with some of the condition of the permit you have 60 days to appeal the decision at VCAT. 

The planning permit forms only part of your planning approval. You must respond to all of the conditions outlined in the permit in your design response and send back to the council. Once the council are satisfied that your design response has met all the conditions of the permit they will endorse the plans and there you have it, you’re planning approval.

Recently, we have seen an increase in enquiries to our office from people wanting to take their Council to VCAT over restrictive permit conditions or refusals.

So, we thought it would be interesting to find out some statistics relating to successes at VCAT for applicants taking on Council.  Below are results as recorded on the Victorian State Government website for VCAT hearings in the previous Financial Year 2017 -2018.  We have narrowed the information down to the five Councils that we work in the most: Banyule; Boroondara; Glen Eira; Knox; and Monash.

Banyule

Total number of cases heard: 32

Cases affirmed (won by Council): 7 (22%)

Cases varied (changes made to application but ultimately approved): 9 (28%)

Cases set aside (won by applicant): 16 (50%)

Cases withdrawn (withdrawn before hearing): 0 (0%)

Cases Remitted (sent back to the Responsible Authority for further consideration) 0 (0%)

Boroondara

Total number of cases heard: 99

Cases affirmed: 26 (27%)

Cases varied: 25 (25%)

Cases set aside: 41 (41%)

Cases withdrawn: 7 (7%)

Cases Remitted 0 (0%)

Glen Eira

Total number of cases heard: 127

Cases affirmed: 17 (13%)

Cases varied: 43 (34%)

Cases set aside: 61 (48%)

Cases withdrawn: 4 (3%)

Cases Remitted 2 (2%)

Knox

Total number of cases heard: 42

Cases affirmed: 14 (33%)

Cases varied: 6 (14%)

Cases set aside: 21 (50%)

Cases withdrawn: 1 (3%)

Cases Remitted 0  (0%)

Monash

Total number of cases heard: 149

Cases affirmed: 99 (66%)

Cases varied: 39 (26%)

Cases set aside: 11 (8%)

Cases withdrawn: 0 (0%)

Cases Remitted 0 (0%)

So what does that tell us?  Overall, against Council, applicants have won their cases outright 36% of the time. This is a decrease from last year which was 43%. Applicants have had their applications varied but approved through VCAT 27% of the time.  Councils have been overturned 34% of the time.  This figure is somewhat misleading overall as readers will note that Glen Eira Council has a success rate at VCAT of 13% against Monash with a success rate of 66%. 

This tells us that Councils have very different success rates to each other. Just like the last financial year it appears to be a lot more challenging to take Monash to VCAT over a refusal than the other councils listed… or does it?

Let’s have a look at CS Town Planning Service’s VCAT statistics for the same period. 

In the last financial year we represented clients in seven VCAT hearings. One of the hearings was against Casey, one against Whitehorse. The other five hearings were against Monash. We won six out of seven cases. Meaning our clients came away with an approval for their development in over 85% of the cases we took to VCAT. 

If you look at the statistics above, you will note that Monash had eleven cases set aside at VCAT in the last financial year, with CS Town Planning Services’ clients making up 36% of those which is over a third of all cases set aside at VCAT! That gives us a success rate against Monash of 80% which is quite remarkable given that only 34% of all cases against Monash were set aside or varied.

Like any appeal, you will always need strong evidence to support your case.  These may include alterations to the original application, including amending plans.  You may also need an expert witness to support your claims. 

Most importantly though, you need someone representing you with a track record and proven success.  So, if you are considering taking your Council to VCAT over a recent planning decision; give us a call for an informal and confidential chat today 03 9824 1902

When developing, planning and building go hand in hand. But what happens when there is a major disconnect between the two?

A gap in planning and building regulation has meant that the minimum garden area rule was not being enforced once planning approval was given. The lack of regulation of the rule past the planning stage has effectively left it mute in practical terms.

Now a new building regulation has been brought in so that the minimum garden area requirement has to be considered under building regulation.

Building Surveyors are now required to assess the minimum garden requirements when issuing building permits for residential developments. The previous absence of the rule in building regulation has meant that Building Surveyors had no obligation to check that construction plans were complying with the minimum garden rule.

New regulation 76A has been added to the Building Regulations 2018 to bring both building and planning regulations in line with each other.

The grey area

The lack of consistency meant there was no accountability if a building permit was issued for plans that did not reflect the correct garden area requirement approved by council. There was potential for many oversights or even exploitation of this grey area. Which could have left houses being built without the correct amount of garden area. Now building surveyors have to take into account the rule when issuing building permits as part of rescode requirements.

The minimum garden area requirement was introduced in March 2017 and was amended in June 2018.

It set out a mandatory percentage of ‘garden area’ required based on lot size.

Lot size Minimum percentage of a lot set aside as garden area

• 400 – 500 sqm 25%
• Above 500 – 650sqm 30%
• Above 650 sqm 35%

For residential development planning approval is given on the condition that the required garden area has been complied with.

Given the potential for developments to be built without the required garden area why was this not made part of building regulation sooner?

It is thought that this was always part of the Victoria State Government’s roll out of the minimum garden rule rather than a reaction to houses being built that are non-complaint.

However, from the introduction of the garden area rule and up until now there has been a significant gap in the implementing of the garden area rule from the planning approval stage to the issuing of a building permit.  

Strong consistency in planning and building is what makes effective development and at least now the gap has been filled. 

There have been a number of changes to the Victoria Planning Provisions in the hopes it will simplify and modernise the planning system.

Amendment VC148 announced on July 31 aims to make the planning process more efficient, accessible and transparent.

The changes are expected to provide greater consistency and make the planning system easier to navigate. But understanding all the different changes and what they mean in practical terms can be confusing.

The amendment is largely a reorganisation and integration of already established planning policies and provisions rather than an extensive change. It deletes the State Planning Policy Framework (SPPF) and replaces it with a new integrated Planning Policy Framework (PPF)

Here are some of the most important changes to note.  

Vic Smart Streamlined

The amendment integrates Local Vic Smart applications and the State and Local Vic Smart information requirements and decision guidelines in a new Clause 59 – Vic Smart applications and requirements. 

However the number and type of development and works that are eligible for Vic Smart remains the same. As well as the process for lodging and assessing Vic Smart applications.

New Car Parking Exemption

A planning permit is no longer needed to reduce the required number of car parking spaces for new businesses wanting to operate in an existing building.
This is provided the following requirements are met:

• The building is in the Commercial 1 Zone, Commercial 2 Zone or Activity  Centre Zone.
•  The gross floor area of the building is not increased.
• The reduction does not exceed 10 car parking spaces.
• The building is not in a Parking Overlay with a schedule that allows a financial contribution to be paid in lieu of the provision of the required car parking spaces for the use.

This permit exemption will help people who are starting up new businesses in established commercial areas avoid the cost and time of applying for a reduction in car parking.

Reduced Car Parking Rates

The amendment will also apply reduced car parking rates for places that are close to high quality public transport links.

Any land identified as (wholly or partly) within 400 metres of the Principal Public Transport Network (PPTN) will have the car parking rates outlined in Column B of Table 1, Clause 52.06 of the planning scheme automatically applied.

To find out if your land is affected use the PPTN mapping tool.

Small Business Deregulation

Small businesses in certain industrial zones will no longer require a permit
The following businesses are now exempt:

• Convenience shop – Industrial 1 Zone.
• Take away food premises – Industrial 1 Zone and Industrial 3 Zone.
•  Service industry – Industrial 3 Zone (subject to conditions specified in the table of uses).

You can find out more about this amendment and all of the new changes on the Victoria State Planning website. 

Objectors to planning applications that have been granted by council have now been given more time to appeal the decision at VCAT.

The new planning regulations passed by the Victorian Parliament come into effect July 1. They will increase the number of days an objector can appeal council approval of a planning application from 21 days to 28.

Planning Permit vs Notice of Decision  When there are objections to a planning application the council issue a Notice of Decision to grant a permit. This is different from a planning permit as it only signals the decision to grant a permit and the conditions that will be attached to the permit if and when it is issued.

A Notice of Decision gives objectors a chance to appeal and possibly overturn the council’s decision at VCAT before the permit is issued. It is this time limit to appeal that Parliament have chosen to extend by 7 days.  

If no objectors decide to fight the decision at VCAT then the planning permit is issued after the time limit has lapsed. The 28 days start from the day after the notice of decision has been issued. 

This new time limit only applies to applications received on or after July 1. For all previous applications the 21 day limit will still apply.