On the 10th January 2023 the panel released its report on the latest proposed amendment by Monash council to increase the contribution permit applicants must make for public open space to 10%. This is not the first time the panel have rejected councils proposed hike, having previously rejected a similar proposal in 2020 which you can read about here. Although the panel did not support councils proposed 10% hike, they were supportive of a 7.61% contribution.

The current rate of subdivision contributions for public open space is capped at 5% of the unimproved value of the site under the subdivisions act. If approved the new rate will be applicable to all subdivision applications within the municipality and is payable before council issue statement of compliance for the subdivision. Councils rationale for the hike is that the housing supply is increasing which in turn is increasing the demand on public open spaces and parks which council need to pay to upkeep, upgrade and maintain.

The panel concurred with council that an increase was appropriate and that it should apply to both residential and non residential subdivision applications, however the panel was critical of how council had projected the costs of future land acquisition and community infrastructure such as public parks.   

You can read the full panel report here, council must now consider whether they will adopt the recommendation of the panel for a reduced rate than originally sought. This would result in an adjustment to the current amendment proposal or alternatively council could choose to abandon the amendment or let it lapse akin to what happened in 2020. We believe its unlikely council will allow the amendment to lapse this time and will likely continue with the amendment application to the state government in some form.

In late December 2022 the tribunal finalised its annual report and tabled it to the Victorian Parliament. The key takeaways from the report we took were:

1. Planning Appeals lodged fell dramatically compared to the 2020 – 21 calendar year.
2. A transition to online hearings has led to increased party engagement and lengthier cases.
3. The tribunal will continue its commitment to transitioning to a more digital setting for cases where possible.

The number of cases lodged under the planning and environment list was 1,731, a 14% reduction compared to the 2020 – 21 calendar year.  The report acknowledged that the overall time taken to finalise cases has increased but attributed this to the increased participation by parties due to improved accessibility created by online hearings. This correlates with the increase in cases listed for longer than three days from 0.5% to 4%. The median number of weeks taken to finalise cases increased by 14% to 33 weeks from 29 weeks in the previous calendar year. The total number of cases finalised by the tribunal was 1,962 , a 2% increase compared to last year. The numbers of both the ‘major cases’ list and the standard cases list fell dramatically by 16% and 14% respectively. Finally, the total number of VCAT members fell from 201 to 195, but the number of full-time staff increased from 263 to 270. The report can be read at this link and reaffirms the commitment of the tribunal to continue its transition to a more digital setting.

The effects of Covid 19 had a heavy influence on the industry in 2022 and could explain the decline in cases being lodged throughout the year. 2022 was the third year of living with the pandemic and there was little disruption of lockdowns so we were surprised to learn the total number of planning appeals fell compared to 2021. The tribunals commitment to continuing its transition to a more digital setting is unsurprising but paradoxically this appears to be lengthening the time cases are taking to resolve as access becomes easier for parties. We look forward to transitioning to more face to face interactions for matters in 2023 but we concur that online hearings are here to stay and lead to a more efficient outcome for some matters. If you have an upcoming case at VCAT click here to discover how to know if you have a case and what VCAT consider as part of a town planning appeal.

The tribunal has announced it will be expanding the number of matters listed for a compulsory conference (mediation) from 1^st January 2023. The change will mainly effect cases listed in the ‘standard planning’ list and cases within the fast track, short cases or major cases list are not expected to be effected. There will be a staged approach to the expansion:

• Appeals lodged by a planning permit applicant under section 79 of the Planning and Environment Act where a responsible authority has failed to make a decision within 60 statutory days will be listed for a compulsory conference from 1^st January 2023.
• Appeals lodged by a planning permit applicant under section 80 of the act against any conditions applied to a planning permit by a Responsible Authority will be listed for a compulsory conference from the 1^st April 2023.
• Appeals lodged by a planning permit applicant under section 77 of the act against a refusal of a permit application by the Responsible Authority will be listed for a compulsory conference from 1^st July 2023 where a hearing of 2 or more days is required.
• Appeals lodged by a permit applicant against a refusal where the hearing is listed for 1 day or less will be listed for a compulsory conference from the 1^st October 2023.

The tribunal forecasts that conferences will be completed 10 – 12 weeks before hearing dates. VCAT have also reaffirmed that proceedings under the major cases list and objector appeals lodged under section 82 of the act will continue to be listed for compulsory conferences and proceedings under the fast track or short cases list will be listed for a hearing only.

The announcement comes days after the publication of the VCAT annual report which can be read at this link. This announcement clearly outlines the tribunals intention to mediate planning outcomes rather than a ‘winner takes all’ scenario of a hearing. It is our experience that compulsory conferences can be successful where parties have a clear vision on what they want to achieve prior to the conference and acknowledge that some compromises on their behalf must be made in the interests of settling the dispute. We urge all participants to prepare a clear position you can communicate to all parties if you have an upcoming matter listed for a compulsory conference. Our experts are vastly experienced at these conferences and can help you frame your position in a clear and concise way that can result in a successful compulsory conference.  

Greater Melbourne is unique amongst Australian cities as it widely considered to be the sporting capital of the world. Melbourne also is home to people of many cultures and backgrounds to which sport offers the opportunity to create communities and provide societies with great benefit.

As a result, areas around Greater Melbourne and in some regional areas, approvals have been granted for uses conducive to sport, most prominently via indoor facilities that have been purpose built to cater not only for general gymnasiums, but for a host of other sport related activities.

Under the Planning Scheme, an Indoor Recreation Facility is defined as “a building used for indoor leisure, recreation or sport”.

Indoor recreation facilities are generally favoured by Councils and occupants as they allow existing buildings in many different areas across the State to be repurposed for a specific use, rather than having to develop an open oval, pitch or field.

This article will explore the planning permit requirements for indoor recreation facilities within Victoria to help inform our clients and stakeholders to better understand the approval process.

Site Acquisition:

As indoor recreation facilities are generally utilised by a number of local residents, it is important that the right site is acquired for this purpose. It is commonplace for smaller indoor gymnasiums to occupy commercial shop fronts within activity centres as well as factories within industrial areas, as these uses do not require an abundance of floor area and generally contain a smaller number of staff and patrons.

Larger indoor facilities such as aquatic centres, indoor football, indoor basketball, and indoor tennis facilities (to name a few), may require larger buildings on larger lots. These lots are strategically placed within proximity of local residents, but also far enough away to ensure the amenity of surrounding land uses is protected.

It is important to find a site that is appropriate for the use that is to be applied for, and a town planner can assist in determining the correct site for your proposal. We recommend that a town planner be involved at the site acquisition stage, as some sites may contain restrictions and nuances that may cause issues and expenses down the line. We recommend that sites in the following zones be acquired:

• Mixed Use Zone
• Commercial 1 Zone
• Industrial 1 Zone
• Activity Centre Zone

Preparing for a Town Planning Application:

In almost every circumstance, an indoor recreation facility is recognised as a Section 2 Use under the zone, which means that the use requires a planning permit to lawfully operate.

In order to prepare for a town planning application, it is recommended that a town planner be engaged if not already done so. The town planner will instruct you on what items will be required to be submitted to Council based on the individual context of the proposal.

The general requirements for a town planning application for this use are:

• A full set of application plans.
• A technical planning assessment.
• A full copy of title.
• A completed application form.

The latter three items are prepared and obtained by your town planner, however an architect or draftsman would need to be engaged to prepare a set of town planning drawings. Town planning drawings would need to include a site survey, an existing condition plan and a proposed floor plan.

If signage is proposed as part of the use, then a signage plan would also need to be prepared.

The above is reflective of the minimum requirements for a town planning application, but it is often the case where more documents are required for uses on sites that are located nearby to other land uses. Other items that may be required are:

• Traffic impact assessment / car parking demand assessment.
• Waste management plan.
• Acoustic impact assessment.
• Venue management plan.

These documents do not necessarily need to be prepared prior to lodgement, but they may be required as the application progresses. It is important that your town planner identifies what additional documentation may be required to proactively prepare – saving time, stress and money.

We at CS Town Planning have demonstrated experience of obtaining planning permits for a wide range of indoor recreation facilities from local gymnasiums to larger sports facilities. As part of our expertise, we provide reputable and reliable advice to our clients and stakeholders in order to ensure certainty for use outcomes. Contact us at www.cstownplanning.com.au to speak with one of our experts if you are seeking guidance on your next project.

Sonya Kilkenny has been appointed the new Minister for Planning in Victoria. This follows her recent State election win as the Carrum MP for her third term in office.

In July 2022, Kilkenny picked up four portfolios after a cabinet reshuffle, taking on responsibility of corrections, youth justice, victim support, and fishing and boating.

Dan Andrews commented on her July 2022 appointment as it brought “the number of women in the Victorian cabinet to 14, more than any other Australian jurisdiction, with three of the four parliamentary leadership positions also filled by women”.

In her new role as Planning Minister, she will retain just one of her former portfolios, as Minister for Outdoor Recreation, which includes fishing, boating and the other activities that boost local economies and keep families active.

Before entering Parliament in 2015, Sonya Kilkenny was a lawyer in commercial litigation and banking and finance. She also worked for the Kimberley Land Council in Broome and was on the Board of The National Theatre and Back to Back Theatre.

What can we expect from the new Planning Minister?

As Planning Minister we can expect Sonya to support Victoria’s future as an outstanding place to live and work. She wants to see an inclusive state with equal and fair access to services close to home. We can expect a strong emphasis on technological innovation, local manufacturing and educational pathways alongside her continuing commitment to equality.

The areas of public policy that she is most passionate about are all about creating jobs for the future. This includes education and training, transitioning our energy sector to renewables, and unlocking opportunities for women in the workforce.

The former Planning Minister, Lizzie Blandthorn, has been promoted to the senior ministry after six months in the planning portfolio.

Issues were raised by Lizzie’s appointment as Planning Minister around the potential for a conflict of interest due to her brother’s business. There were no actual allegations of impropriety, and the Urban Development Institute of Australia Victorian chief executive Matthew Kandelaars said he was confident Blandthorn could proceed with impartiality.

How will planning change during this term in government?

On December 5^th, the State Government announced that the Department of Transport and Planning (DTP) will be formed. It will be responsible for planning, land use, and consolidating precinct delivery and policy functions to put a stronger emphasis on place-based community outcomes. It will include the Victorian Government Architect, to improve project design, regulatory approvals, community consultation, and better realise local economic and community opportunities.

The Department of Transport and Planning will be led by Secretary Paul Younis, and support the following Ministers:

·        Minister for Planning Sonya Kilkenny

·        Minister for Transport and Infrastructure Jacinta Allan (Coordinating Minister)

·        Minister for the Suburban Rail Loop Jacinta Allan

·        Minister for Public Transport Ben Carroll

·        Minister for Roads and Road Safety Melissa Horne

·        Minister for Ports and Freight Melissa Horne

Greater Melbourne is unique amongst Australian cities as it has, for several decades, experienced significant population growth as a major node for migration within Australia. For this reason, among others, residential development has been undertaken at record levels. More recently, the Victorian State Government has aimed to guide residential development through tools such as Plan Melbourne, as well as through the State Planning Policy Framework. As a result, the following types of residential development have become commonplace throughout Victoria:

• Growth areas volume development.
• High-density residential development in key commercial and employment areas.
• Infill development in general suburbs.
• Incremental development in historic or sensitive areas.
• Regional/rural dwelling development.

This article will explore the planning permit requirements of all forms of residential development within Victoria to help inform our clients and stakeholders to better understand the planning process.

Urban Growth Zone:

The Urban Growth Zone is a planning zone that aims to “manage the transition of non-urban land into urban land in accordance with a precinct structure plan”. Essentially, land within this zone has been identified by a local Council as land that has the capacity to be reformed into a new residential community. Precinct Structure Plans (PSP) are the planning documents that guide these large-scale developments. Dwelling developments within the Urban Growth Zone generally carry their own rulings as determined by the applied zoning and PSP controls, and these are the kinds of dwellings that are seen all over Melbourne’s growth areas in regions such as Melton, Hume, Casey and Wyndham.

Dwelling development applications for areas within Urban Growth Zones must coincide with the approved subdivision layouts and residential design guidelines. While there are strict parameters that must be considered in a dwelling development, these are generally the easiest and quickest developments to be approved by Council.

Many of these dwellings do not require planning permits, however, for the ones that do, it can be expected that architectural plans, supporting planning reports and other documents should be prepared to be lodged with Council. It is also recommended that an applicant consults with a growth areas planner from Council at this stage.

High-density Development:

The Residential Growth Zone and the Mixed Use Zone are two planning zones that encourage high-density residential development. Areas encumbered by these zones are generally well-located in proximity to commercial precincts, activity centres, major employment nodes and other various clusters. Higher density residential developments in such areas have taken place in the form of apartment buildings and units.

Unit and apartment developments must be consistent with the policy objectives set out in the relevant Planning Scheme, as well as ensure an outcome that is consistent with the requirements of Clause 58 of the Scheme. Clause 58 sets out specific guidelines for apartment developments to ensure that they are liveable and meet all relevant safety and amenity needs.

A large emphasis on urban design must also be considered, as apartment and unit developments generally result in a large interface along primary and arterial roads. It is common for architects to also employ urban designers to create a suitable design.

Infill Development:

Infill development is the most common form of residential development occurring across Greater Melbourne and in some regional areas. Infill development refers to where older housing stock in established residential suburbs is removed and replaced with medium-density outcomes such as townhouses. Most residential sites have the capacity to contain anywhere between two to four dwellings, however there are instances where larger sites can accommodate many more.

To prepare for a townhouse development application, the requirements of the Planning Scheme, including any residential design guidelines, Clause 55 compliance, and the Zoning must all be considered in a design. Clause 55 – Rescode, sets out the defining design guidelines for developments of two or more dwellings (in a residential zone) to ensure the scale, siting, appearance, and amenity impacts are reasonable.

Architects’ plans for such developments should include the following:

• A survey plan
• A site and neighbourhood plan
• Existing conditions plan
• Demolition plan
• Proposed floor plans
• Existing and proposed elevations
• A garden area plan
• Shadow diagrams
• Materials schedule

Similarly, other information submitted to Council should include:

• A current full copy of title
• A technical planning report, including a Clause 55 assessment
• Any consultant documents where required

Incremental Development:

In areas encumbered by more stringent policy objectives, the level of change expected for older housing stock is decreased to a more incremental level. Incremental change is expected for dwellings that exist within areas focused on heritage conservation, environmental protection, and strong neighbourhood character values. For instance, areas such as Altona and Laverton within Hobson’s Bay may often experience residential growth via townhouses and the like, however areas such as Newport and Williamstown with more historic significance do not reflect the same.

In areas where this notion applies, the most common form of development is by way of dwelling extensions and restorative procedures, in essence, to make older dwellings more appropriate for the current liveability needs of residents.

Whilst not much changes in terms of the planning process, Council’s will generally assess these kinds of applications with a more granular level of detail. Therefore, ample time must be placed into preparing a design that is consistent with the requirements of Clause 54, and other relevant areas of the Planning Scheme. Clause 54 – Rescode, sets out objectives similar to Clause 55, but only applies to single dwelling proposals.

Rural Living:

In areas located outside of Greater Melbourne, the landscape shifts from urban sprawls to lower density rural subdivision patterns. On sites capable of housing a dwelling, the zone falls into either a Low Density Residential Zone, Rural Living Zone, Green Wedge Zone or Farming Zone. On these zones, the Planning Scheme strictly indicates that one dwelling may be permitted per lot.

As a result, these areas are generally devoid of development, however, there are often instances where older rural dwellings are being removed and replaced with newer dwellings, again to meet the current needs of residents. Similarly, associated outbuildings are a common development proposal.

There are no Rescode requirements as part of these development proposals, as the core issues faced by urban development are not relevant in this context. However, other notable factors such as environmental protection, bushfire management and infrastructure provision are important matters to ensure are considered in any regional development proposal. Similarly, rural residential guidelines are important to consider as Council’s require dwellings and outbuildings to be designed in a manner that contributes to the natural landscape.

We at CS Town Planning have demonstrated experience of obtaining planning permits for a wide range of dwelling typologies across Victoria. As part of our expertise, we provide reputable and reliable advice to our clients and stakeholders in order to ensure certainty for residential development outcomes. Contact us at www.cstownplanning.com.au to speak with one of our experts if you are seeking guidance on your next residential development.

Architects play a vital role in any development project as they are the ones tasked with bringing a concept to reality. They are engaged by homeowners, business owners, developers and other stakeholders to deliver a design that will represent their client’s desires, and often the case, bring their dreams to life.

The concept stage is usually the first part of a long project, being followed then by the Town Planning process. A clever architect will build relationships with town planners in order to guarantee their clients with quick and efficient approvals, however some architects opt to provide this service themselves. This article will assist architects in how to better prepare for the town planning process.

Producing the Right Design

Preparing a workable design in accordance with the client brief is arguably one of the most important tasks an architect will undertake, however, it is important that the design they opt for has considered the requirements of the relevant Planning Scheme. As Planning Permits are required for most developments, assessment will need to be undertaken by a Council in order to obtain a permit. If a development does not respond to the requirements of the Planning Scheme, it may be refused and can cause severe delays and financial stress to the client. The best architects are those who have a firm understanding of the Planning Scheme.

First of all, an architect will need to determine whether the proposed development requires a permit. A guide to this can be found here. If a permit is required, the requirements that the development must adhere to can be found within the provisions of the respective Planning Scheme.

For instance, any two-dwelling proposal will be assessed against the following:

• The State Planning Policy Framework (Clauses 11 to 20 of the Scheme) which includes policy objectives as set out by the Victorian State Government.
• The Local Planning Policy Framework (Clauses 21 and 22 of the Scheme) which include localised policy as set out by the municipality.
• The Zone of which the land is allocated within (i.e. General Residential Zone).
• Any Overlays that are present on the land (i.e. Vegetation Protection Overlay).
• Rescode at Clause 55 which includes residential design guidelines.

The SPPF provides broad objectives and are assessed with the least amount of weight.

The LPPF is important to consider, as some Councils contain residential design guidelines, neighbourhood character objectives, heritage controls and other policy items that should be considered as part of any dwelling or building development. Signage and uses policy can also be included in this section of the Scheme.

Some of these controls may include requirements to include landscaping, recess dwelling walls, reduce hard surfacing, avoid certain roof forms, etc. and it is crucial that any design considers this. A large emphasis is often placed by Councils on a development’s ability to meet these policy items.

The Zone in which the site is located will contain thresholds that apply to a dwelling development and most notably includes permit triggers, garden area requirements, maximum building heights, lot densities and allowable subdivision sizes. Some Zone schedules also contain additional policy layers and variations to the rescode requirements at Clause 54/55. It is important that an architect is aware of the differences between each Zone and Zone Schedule.

Whilst all sites contain a Zone, only some sites are contained within overlays. The purpose of Overlays is to provide strategies, objectives and policy to ensure that any use or development is catered to the unique context of the site. For instance, sites within a Heritage Overlay are considered to contain buildings or structures that are of significance to the area’s cultural or urban history. As a result, the Heritage Overlay reinforces restrictive policy with the intention to preserve, enhance and contribute to this significance. This means that dwelling developments must be designed to ensure that heritage features are maintained.

Design and Development Overlays are another key principle and require developments to respond to a localised design outcome that is conducive to the context of the area. For example, modern industrial parks will generally be subject to a DDO that ensures all new warehouses will result in an appearance that is of a certain scale and ‘look’, to avoid an outcome where different architectural styles are present in one area. Architects must ensure that any DDO requirements are considered in a building’s design.

Finally, Rescode is the key factor in ensuring a dwelling design can be achieved. Clause 54 applies to single dwelling developments (non-rural) and Clause 55 applies to two or more dwelling developments. Rescode contains a series of objectives and standards relating to all aspects of residential development to ensure that the outcome is one that is of an appropriate design, scale and form, provides acceptable liveability and access and does not adversely affect surrounding properties. It is important to note that a proposal must meet the objectives of Rescode, but should meet the Standards. This means that a design must ensure that the objective of each Item is met, but the Standard can be varied where required at the direction of Council.

The objective of Rescode Standards A5 and B8 is to “ensure that the site coverage respects the existing or preferred neighbourhood character and responds to the features of the site”, whilst the Standard specifies a 60% maximum site coverage parameter.

In the City of Stonnington for instance, with many residential allotments being quite narrow means that larger than average site coverages and lower than average garden areas are apparent. If a dwelling development did not meet the 60% maximum site coverage Standard, but was reflective of the broader Objective, it is commonplace for Council to vary the Standard and allow the development to be approved on this basis.

It is absolutely crucial that architects are aware of the Planning Scheme requirements for all different kinds of developments, so that they can effectively prepare a set of functional and allowable plans.

Town Planning Drawings

In accordance with the above insight, it is the task of the architect to prepare a set of town planning drawings prior to lodgement of an application. It is important that the town planning drawings contain only the information that is relevant to the application, as any additional information that is not required will likely cause confusion within Council and delay the process. A typical set of town planning drawings should include:

• A wider site and neighbourhood plan.
• An existing conditions plan.
• A demolition plan.
• A proposed floor plan (with floor plans for each level where required).
• An existing elevations plan.
• A proposed elevations plan.
• Shadow diagrams for 9:00am, 12:00pm and 3:00pm.
• A materials schedule.

Some architects will include internal renders, construction drawings and other information alongside these plans, however, it is important to only provide Council with documentation that is necessary for planning approval.

The Planning Application Process

Once a set of town planning drawings has been prepared having considered all the aforementioned matters. It can be lodged with Council alongside other supporting documentation to begin the planning application process. This document package will generally contain:

• A technical town planning report.
• A certificate of title.
• Application plans.
• Any number of relevant consultant’s reports.
• A metropolitan planning levy certificate (for developments costing over 1 million dollars to construct).

This process is often tedious, and much time is spent waiting for Council and other parties to assess the application, but this is why it is important that all items aforementioned are considered prior to lodgement.

Council’s will generally request further information within 28 days of lodgement of the application, and these items may contain a number of external consultants reports or slight adjustments to the plans.

Once received, the application may need to be placed on public notice, and if so, it is advertised for a period of 14 days. Thereafter, it is assessed by the Council planning officer, and a decision is made.

It is expected that minor applications like two-dwelling developments take anywhere in the region of 3-6 months to reach approval, whilst larger developments such as apartments and mixed-use commercial buildings may take up to a year.

A Collaborative Approach

As an architect, many clients may approach you thinking that you have all the answers and that you are capable of getting a planning permit approved. Whilst the best architects are certainly capable of this, it is highly recommended that a collaborative approach between a client, architect and town planner is undertaken in order to see the best yield in terms of experience, professionalism, time-efficiency, and approval chances.

We at CS Town Planning have demonstrated experience of obtaining planning permits at the behest of many architects in Greater Melbourne, regional Victoria and domestically around the country. As part of our expertise, we work closely with architects to advise them on specific site capabilities, planning policy and development outcome potential. Our advice is reputable and reliable, and we take pride in providing certainty to our clients. Contact us at www.cstownplanning.com.au to speak with one of our experts if you are seeking guidance on your next development.

Melbourne is a city that has experienced population growth in such a capacity whereby a crisis of housing supply and affordability has now become a long-stretched issue that governments are dealing with on a daily basis. The idea of homeownership is a long-standing Australian dream, however over recent years, it has become increasingly difficult for Victorians to purchase and live in a home with access to an equal share of infrastructure and services.

The Victorian Housing Crisis

The State Government is aware that housing affordability and diversity has become an issue in Melbourne and has proactively required planning to ensure that new developments cater specifically to these items through updating several dozen provisions within the State Planning Policy Framework.

Whilst efforts can be made to ensure new developments cater to the people, it is ultimately the Government in power that determines what ‘new developments’ look like. Over the last twenty years, hundreds of residential estates in the City’s outer suburbs have seen tens of thousands of homes built, however for a large portion of time, many of the residents who have lived in these new homes have dealt with increased transit times, lack of public amenity, unsafe conditions and a lack of overall infrastructure and facilities to service their needs.

One of the largest problems is that while homes can be built, it takes many years to successfully incorporate business and services into a new residential area, and that in turn causes residents to be comparably disadvantaged. As a result, there is an impetus to live in established neighbourhoods which have existing access to services, facilities, and transport methods.

Over time, this issue has caused residential homes within existing neighbourhoods to skyrocket in price and have become largely unaffordable to the average buyer. Not to mention, the cost of living in such suburbs has also increased, with services, land taxes and Council rates all heading north. As a result, a crisis has born.

Labor vs. Liberal – What is the solution?

It is common knowledge that the Labor and Liberal parties of Victoria share differing views on what need be prioritised not just in tackling housing, but in most other areas of government.

The current Victorian Labor party has made commitments worth tens of billions of dollars to improve connectivity and liveability within established areas, through the provision of the Level Crossings Removal Project, Suburban Rail Loop and most recently with the Melbourne Airport Rail. Whilst these projects will undoubtedly improve the conditions of traffic and transit within the City, there are many people who live further away from the City Centre and will not benefit from the money spent.

The Victorian Liberal party are strong in their belief that time is needed to foster productive and working suburbs, and that Victoria’s future lies in the outer suburbs, where most development is currently being built. Victorian shadow premier Matthew Guy has iterated that growth in the outer suburbs must contain services and jobs for people who will be living there.

There is a clear argument here that on one hand, increased growth in the outer suburbs will leave more residents without their basic needs, and that as a result, development should be focused closer to the region of Greater Melbourne – and on the other hand, it is implied that development may have already exceeded its limits internally within this region, and planning should be focused to ensure the outer suburbs contain the necessary infrastructure to manage growth.

Looking forward

It is fairly well known that political bodies will use topical issues to navigate their way to power, and it is likely that both the Labor and Liberal parties will aim to do so over the next coming weeks.

However, the housing affordability crisis remains a critical issue and must be addressed efficiently and imperatively by whichever party wins the election.

We at CS Town Planning are experts in this area and it is our view that at all levels, development both within and beyond Greater Melbourne should be balanced and provided with the necessary requirements to enable quality of life.

We have found that resourcing within local Councils has led to delays in processing housing applications at all levels, and perhaps it should be the role of the government to provide Councils, developers and all other relevant stakeholders with the tools they need to increase the output of infrastructure and provision of economy building outcomes. Perhaps it is the system that needs the most change in order to effectively solve this crisis.

Whilst the role of planning is generally merited towards the approvals of development projects, use applications and various buildings and works matters, smaller factors such as advertising signage often plays a part in many commercial and industrial developments in and around Greater Melbourne. As a professional planning consultancy, we have dealt with numerous advertising signage matters as standalone applications, and as part of larger projects.

What is an Advertising Sign?

An advertising sign is essentially a sign that is erected and displayed on the outside of a building. Signs can be erected atop walls, hung below awnings, and placed inside windows. Clause 52.05 of the Planning Scheme identifies signs in the following way:

• Business Identification Sign
• Promotion Sign
• Direction Sign
• Internally Illuminated Sign
• Home Based Business Sign
• Bed and Breakfast Sign
• Pole Sign
• Above-Verandah Sign
• Electronic Sign
• Floodlit Sign
• High-wall Sign
• Reflective Sign

Signs can be classed as one or more of the above.

The most common form of signs are business identification signs and internally illuminated signs. In most cases, developers, shop owners and traders aim to include business identification signs on the exterior of their tenancy, and in some cases these signs feature internal illumination. In many cases, business identification signs feature internal illumination (via a lightbox).

What signs need a planning permit?

In addition to the above, Clause 52.05 contains thresholds for signs that do and do not require a permit, this Clause can be found here. Signage requirements are broken up into four categories:

• Category 1: Commercial Areas
• Category 2: Office and Industrial
• Category 3: High Amenity Areas
• Category 4: Sensitive Areas

The thresholds in each category are different, and the relevant zone that a subject site is located within will determine which category applies for the purpose of signage. For example, the Category 1 signage thresholds will apply to a site within the Commercial 1 Zone and Category 2 signage thresholds will apply to a site within the Industrial 1 Zone and so forth.

As the categories descend, the permit requirements for signs increase. In Category 1 areas, most signs can be displayed without a permit where the total area of all signs is less than 8sqm. This is similar in Category 2 areas. In Category 3 and 4 areas, virtually all signs require a planning permit.

How complex are signage applications?

Inherently, signage matters are considered to be lower on the complexity scale than many other forms of planning applications. The general time taken to process and approve a signage application is around three months. However, depending on the scale of signage proposed, assessment can be quite comprehensive. The three most comprehensive forms of signage applications are below:

• Signage abutting a Transport Zone
• Signage on a Heritage Building
• Major Promotion / Animated signs

Signage abutting a transport zone is required to be referred to the Department of Transport as it carries a risk to the safety of drivers, cyclists and the like. The Department of Transport must assess whether a proposed sign would reasonably or unreasonably impede on the context of any toad within a nearby Transport Zone. For such reasons, illuminated forms of signage also must be regulated to control the level of illumination outputted by the signs. These kinds of signage applications can certainly be approved, however require a deeper level of analysis and extended processing times due to external referral requirements.

Signage on heritage buildings is required to be assessed by Council’s internal heritage advisor as signage must be assessed on whether it will adversely impact the heritage of a building. On these buildings, large forms of signage with abundances of colour and illumination are generally discouraged by Councils as it is a common view that any sign on a such a building should not detract from its original features and presentation to the street.

Major Promotion and Animated signs are the type of signs that exist atop buildings, on billboards and in heavily commercialised centres. These signs are used for promotional and advertising material and generally are changeable. As these signs are generally large and visually obtrusive, Council’s will often spend considerable time to determine whether the benefit of such a sign is larger than its potential amenity impacts to nearby pedestrians, land uses and in common circumstances, nearby apartment buildings. Major promotion signs also contain separate decision guidelines within Clause 52.05 which require them to be appropriately located in reference to residential areas, natural landscaping and reserves and areas with potential to disrupt views.

Requirements for a signage application.

In order to lodge an application for signage, the following must be prepared:

• A short report outlining the context of the site, the purpose of the signage and the likely effect it may have on surrounding land uses.
• A site context plan, denoting the location of any proposed signs on a building, as well as the locations of surrounding buildings and land uses.
• A signage plan containing details of all proposed signs including dimensions, colours, heights and illumination.

For signs over 18sqm in area, further information such as streetscape perspectives, advertising themes, existing character and potential effects on viewlines must also be included.

It is always recommended that you seek a town planner to advise on the necessary requirements as each proposal and site context is different and warrants an individual perspective.

We at CS Town Planning have demonstrated experience of obtaining signage approvals for a wide range of clients, having served small local businesses around Melbourne and larger corporations across the nation. We provide written advice on whether signs need permits, and if so, how to best obtain them. Our advice is reputable and reliable, and we take pride in providing certainty to our clients.

Many in the development industry would know that planning permits are required for a large number of projects, however, unbeknownst to many is the level of detail required to ensure the permit can be approved in a secure and timely process. Depending on the location and characteristics of a site, any number of planning controls could require a permit to be granted for a specific use or development to occur. As a leading expert in obtaining permits for our clients, we take you through this short article to provide insight into the initial process involved.

How to check if a Planning Permit is required?

To check whether a planning permit is required for your proposal, you will need to refer to the Planning Scheme of your local municipality. The site chosen for use or development will be contained within a nominated zone, and sometimes within an overlay(s). The Zone and Overlay will contain information on whether specific uses or developments require planning permit approval. To find out what controls apply to your land, you can find a planning property report function at this link.

For instance, if you own a site in Brunswick (VIC) that is zoned ‘Industrial 1 Zone’ and subject to a ‘Design and Development Overlay’, and you are seeking to construct a warehouse for a gymnasium use, the relevant permit triggers can be found at the respective clauses of the Merri-bek (formerly Moreland) Planning Scheme.

Pursuant to Clause 33.01 – Industrial 1 Zone of the Planning Scheme, a permit is required to use the site for an indoor recreation facility (gymnasium) and to construct a warehouse. Similarly, a permit is required pursuant to Clause 43.02 – Design and Development Overlay to construct a warehouse.

Furthermore, a permit may be required for any associated business identification signs, with permit triggers and information located at Clause 52.05 of the Planning Scheme. Similarly, permits may also need to be granted for dispensation of car and bicycle parking requirements, along with other matters associated with the use and/or development. Each individual Planning Scheme can be found here.

Whilst your development may only result in one outcome, five separate planning permit triggers have already been identified and will form part of Council’s assessment. It is the role of your consultant to identify these triggers early on so that the planning application process is managed in an efficient and timely manner.

How long does a Planning Permit application take for approval?

The short answer to this question is – much longer than you would anticipate. Unfortunately, most of the time throughout the planning application process is time spent waiting. Aside from the most basic of planning permit applications, applications are generally referred to and examined by a number of people before approval can be granted. Furthermore, with the high staff turnover and ongoing resourcing issues, Council’s are having a hard time processing applications in a timely manner.

From our experience in managing hundreds of planning applications across Victoria, the following indicative timeframes have been identified:

• Simple Applications such as amendments, minor additions, or basic change of use: 3-4 months
• Use/development, low scale residential, industrial, and commercial buildings: 4-6 months
• Medium/high scale residential, complex commercial projects, regional development/subdivision: >6 months.

What information is required for a Planning Permit application?

The material required to lodge a planning application also varies in line with the type of proposal. All applications will require a covering letter, a completed permit application form (obtained from Council’s website), a copy of title (less than 100 days old), application plans describing the proposal and some kind of written statement outlining the proposal.

Other information that may be required is:

• A Clause 54/55 Assessment for the construction of one or more dwellings.
• A Clause 56 Assessment for any residential subdivision.
• A Clause 58 Assessment for any apartment development.
• A traffic report for any proposal where car parking or vehicle congestion is likely to affect the outcome.
• An arborists report for any proposal where tree removal is likely to affect the outcome.
• A waste management plan for uses that would add to the standard waste conditions.
• Environmental reports that assess a proposal’s environmental capabilities.
• An acoustic assessment where uses may cause amenity loss to surrounding places.

Greenfield developments and other large scale land projects will also require a package of reports including but not limited to; Cultural Heritage Management Plans, Bushfire Reports, Ecological Reports, Soil Reports and various other assessments.

Are subconsultants required?

Where a development or use proposal may result in issues pertaining to car parking, amenity loss or similar, the need for subconsultants to prepare supporting documentation is paramount. Your planning consultant should be able to identify what documents need to be prepared prior to lodgement.

Preparing documents early is key to ensuring that any potential causes for concern are dealt with in the initial stages of a planning application to mitigate time loss and reach a decision proactively. It is important that your planning consultant can provide you with a network of professionals to engage where required to obtain any necessary documents.

We at CS Town Planning have demonstrated experience of obtaining planning permits for a wide range of clients, having served local homeowners to Tier 1 developers across the nation. As part of our expertise, we provide written advice on whether a permit is required. Our advice is reputable and reliable, and we take pride in providing certainty to our clients.

Our experts prepare preliminary advice about planning permit requirements for a wide range of land use and development proposals on a daily basis. This advice means clients avoid delays in obtaining planning approval. If your project would benefit from a quicker approval, please contact us today for a confidential discussion.