Planning permits: frequently asked questions

If you are considering doing any building works to your property, want to change the way your property is used, or display an advertising sign for your business, it is likely that you will need a planning permit and/or a building permit.

Your property will have a set of planning controls that apply to it. It is these planning controls that specify when you will need a planning permit. It is important that you find out exactly what these are so that you can look at the relevant planning policy in the Yarra Planning Scheme.

That way, you can make sure that you apply for the correct permit/s and it will help you check that what you would like to do at your property is reasonable and appropriate and likely to be compatible with planning policy.

To find out what planning controls apply to your property, you can visit the following websites to obtain a planning property report:

• The Victorian government's planning website
• DELP

Alternatively, for assistance, you can contact our planning team:

• email – [email protected]
• phone – 9205 5555 (between 8.30am and 5pm, Monday to Friday)

We will respond to your enquiry within 5 business days.

Planning permits and building permits are not the same. Sometimes you will only need a planning permit or a building permit, and other times you will need both.

Planning permits

Planning is concerned with the land and the way it will be used and/or developed.

Statutory Planning is the team within Council responsible for processing applications for a planning permit, including an application to build or extend a property, replace a fence, start a business or construct and display an advertising sign. An application for a planning permit is assessed against the policies and controls in the Yarra Planning Scheme.

Building permits

Building is concerned with the actual construction – its quality and the safety of a building for its occupants.

After getting a planning permit a person needs to apply for a building permit through a private building surveyor.

Every property in Yarra has a set of planning controls that apply to it and it is these planning controls that specify when you will need a planning permit.

By reading the relevant planning policies you will be better informed about whether what you would like to do at your property is reasonable and appropriate and likely to be compatible with planning policy.

To find out what planning controls apply to your property, you can obtain a planning property report from the following websites:

• Victorian government's planning website
• DELWP

Pre-application meetings

You can request a pre-application meeting to discuss your options before applying for a planning permit.

If you obtain a planning permit from Council to change the use of your property, before you commence the use, you may also need to consider the following:

Footpath Trading

If you wish to place anything on the footpath at the front of your property, such as tables, chairs, umbrellas and signs, you will need to apply for a Footpath Trading Licence.

Food safety and health regulations

Food safety and health regulations will depend on the type of business you are running (for example a hairdressing salon) and if you are serving food (for example a tavern).

Building Permit

If you are changing the ‘class’ the category/type of the building occupancy/use, then you will need to apply for a building permit before you commence the use.

If you are increasing the size or floor area at your property, or changing the use of your property, you must look at the requirements of Clause 52.06 (Car Parking) of the Yarra planning Scheme.

They prescribe a certain number of car parking spaces to be provided on your property. Clause 52.06 does not apply if you are constructing or extending one dwelling on a lot in a residential zone.

You can read Clause 52.06 (Car Parking) of the Yarra planning Scheme online on the Victorian Planning Portal.

What if I can't provide car parking spaces on my property?

Providing car parking spaces on your property may not be achievable for various reasons.

While Clause 52.06 (Car Parking) prescribes a certain number of car parking spaces to be provided on a property depending on the use, and how car parking spaces should be designed, it also acknowledges that this may not always be possible.

It allows a person to lodge a planning application to reduce or fully waiver (in other words, reduce to zero) the number of the car parking spaces prescribed by the Yarra Planning Scheme.

A reduction is where you provide some, but not all, of the required car parking spaces. A full waiver is when you cannot provide any car parking spaces.

What information do I need to provide?

This is what information you need to provide to Council when applying for a planning permit to reduce the car parking requirements set out in the Yarra Planning Scheme:

An assessment against the application requirements and “decision guidelines” listed in Clause 52.06-7 (Car Parking) of the Yarra Planning Scheme, including:

• car parking demand likely to be generated by the new use or increased floor area of the existing use
• likelihood of multi-purpose trips within an area
• variation of car parking demand over time
• short-stay and long-stay car parking demand
• availability of public transport in the locality
• convenience of pedestrian and cyclist access to the site
• provision of bicycle parking and end of trip facilities for cyclists
• anticipated car ownership rates of likely or proposed occupants (residents or employees).

I am seeking a significant reduction or waiver, what do I need to do?

If you are seeking a significant reduction or waiver you will need to lodge an empirical assessment of car parking demand provided by a qualified traffic and parking engineer.

Pursuant to Clause71.06 of the Yarra Planning Scheme, an application under Clause 52.06 to reduce the required number of car parking spaces by no more than 10 car parking spaces, is a class of Vic Smart application and is assessed against Clause 59.10 of the Yarra Planning Scheme.

If you're applying for a planning permit to build or extend a dwelling you must submit the following with your application:

Existing Site Plan

An Existing Site Plan is a plan (drawing) that clearly shows the position of the building on your property.

It must be drawn to scale and must clearly show all of the following:

• The shape of your property and the size of it (i.e. its length and width) dimensioned as shown on your Certificate of Title.
• The location / footprint of your building and other structures on your property and the location of all external windows and door.
• The current use(s) of all areas of your property including any areas used for car parking.
• The location and footprint of any buildings or structures on the properties that your property shares a boundary with, including any walls or fences that are built on the boundary with your property.

On the properties immediately next to your property, label:

• what the buildings are used for
• the location of any windows that face your property, and what the windows are used for
• all outdoor areas including the location of any driveways, car parking and loading areas and storage of waste / storage
• how close your property is to residential properties, including the location of doors, windows and outdoor areas on any residential property within a 9 metre radius of your property

On the street next to your property, show:

• any street poles, street trees and driveways.
• any other notable features or characteristics on your property.
• a northern orientation (include an arrow showing which direction is north).
• photographs are also a useful way for Council to understand the existing conditions of your property and give some context for the surrounding area.
• how close the site is to residential properties, including details of doors, windows and outdoor areas on all residential properties within 9 metres from the site.

Proposed Floor Plan

A Proposed Floor Plan is a drawing that clearly shows the location of your building on your property.

• For a single storey building you will have one floor plan (a ground floor plan).
• For a two-storey building or a building with a mezzanine level, you will have two floor plans (a ground floor plan and a first floor plan), and so on.

Your Proposed Floor Plan(s) must be drawn to scale and must clearly show all of the following:

• the shape of your property and the size of it (i.e. its length and width) dimensioned as shown on your Certificate of Title
• the location / footprint of your building and other structures on your property and how each area will be used
• the location / footprint of any buildings and other structures on the properties that your property shares a boundary with, including any walls or fences that are built on the boundary with your property.

On each property immediately next to your property (that you share a boundary with), label:

• what the buildings are used for
• the location of all existing buildings or walls that are built to the boundary with your property.

If your property is located next to a property in a residential zone, label:

• the location of any outdoor areas and how they are used (for example, a veggie patch, a service yard with a washing line, a side pathway, a garden, an alfresco or decked area).
• the location of any windows that face your property, and what the windows are used for
• the location of any air conditioning units, skylights, solar panels, or similar services
• a northern orientation (an arrow showing which direction is north).

A written assessment against relevant local policy

When we assess your application, we will do this against all of the relevant planning policy in the Yarra Planning Scheme.

It is useful for you to also submit a written assessment with your application that explains how you think your proposal meets all of the requirements of the relevant planning policy.

Generally, the following planning policy will be relevant for a change of use application and they are part of the Yarra Planning Scheme and are available online on the Victorian Planning Portal.

Clause 13.07 (Interface Uses policy)

Your written assessment should contain as much information about your proposal as possible. It may vary with each application as some things will not be relevant to your application but generally your written assessment should include the following:

• details of how you would like to use the property and the types of activities that you want to do.
• proposed hours of operation.
• maximum number of staff and patrons / customers that will be on your property at any one time.
• the number of car parking spaces that will be allocated to the proposed use (if any).
• the likely effects, if any, on adjoining land, including noise levels, overlooking, odour and air-borne emissions, light spill.
• the type and quantity of materials / goods to be stored, processed, produced on the property or delivered to your property.
• the type and quantity of materials / goods to be delivered to your property including the type of delivery vehicle and frequency of deliveries, how deliveries will be loaded and unloaded.
• what rubbish / waste will be generated and where it will be stored, and how and from where it will be collected.

If you want to use your property for industry or as a warehouse, you will need to give details on the following:

• the type and quantity of materials / goods to be stored, processed, produced on the property or delivered to your property
• the likely effects, if any, on adjoining land, including odour and air-borne emissions and emissions to land and water.
• any requirements of the Environmental Protection Authority.
• any requirements that seek to ensure that you are compliant with the appropriate regulations, legislation or code of practice, which may include the following:

The Occupational Health and Safety Regulations 2017

The Dangerous Goods Act 1995

Dangerous Goods (Storage and Handling) Regulations 2012

If you're applying for a planning permit for signage you must include the following with your application:

Proposed Floor Plan

A Proposed Floor Plan is a plan (drawing) that clearly shows the position of the building on your property and those your property shares a boundary with, and their uses.

Your Proposed Floor Plan(s) must be drawn to scale and must clearly show all of the following:

• the shape of your property
• the size of your property (length and width) dimensions as shown on your Certificate of Title.

On each property immediately next to your property (that you share a boundary with), label:

• what the buildings are used for
• the location of any windows that face your property, and what rooms the windows are for
• the location of any outdoor areas

On your property label:

• where the sign(s) will be located
• dimensions for the sign(s) (height, length and width)
• size of the sign(s) in square metres, individually and in total
• a northern orientation (i.e an arrow showing which direction is north)
• photographs are also a useful way for us to understand the existing conditions of your property and give some context for the surrounding area.

Proposed Elevations

A Proposed Elevation is a drawing that clearly shows what your building will look like if the sign(s) is approved.

You will need to lodge several Proposed Elevation to show what your property will look like from each side (i.e. north, south, east and west). In other words what your building will look like from the street, from the rear fence line / laneway, and from both sides.

For example: the front elevation would show what your building will look like from the street and how it will look in the streetscape if the sign(s) is approved.

Each Proposed Elevation must be drawn to scale and must clearly show all of the following:

• location, design, and size of any existing sign(s) on your property that you are retaining (with dimensions of their height, length and width)
• location, design, and size of the proposed sign(s) on your property (with dimensions of their height, length and width)
• size of all sign(s) (including existing signs to be retained and signs that you are proposing) individually and in total, in square metres
• size (width and length) of just the text/ lettering/images
• the height of the sign(s) above the level of the footpath or natural ground level
• any structures needed to support the sign(s)
• colour, materials and finish of the sign(s) and any other specifications
• any lumination of the sign, including any internally illumination or external luminatation (by floodlights, up lights etc)
• if the sign(s) project over the footpath, label their distance from the kerb edge
• a northern orientation (an arrow showing which direction is north).

A written assessment against relevant local policy

We will make an assessment of your application against all of the relevant planning policy in the Yarra Planning Scheme.

You must submit a written assessment with your application that explains how you think your proposal meets all of the requirements of the relevant planning policy.

For a full overview of the relevant planning policy, you can go online on the Victorian Planning Portaland look at Clause 15.01 (Advertising Signs) and Clause 52.05 (Advertising Signs) in the Yarra Planning Scheme.

Your written assessment must contain as much information about your signs as possible. It may vary with each application but as a minimum it should include the following:

How the design of the sign:

• is appropriate to promote goods and services within the building
• is appropriate for the building on which it will be placed
• contributes to, and does not detract, from the visual amenity of the area (which may include a commercial precinct, activity centre or residential area)
• keeps visual clutter to a minimum
• will not appear dominant in the streetscape
• protects and enhances the character and integrity of places of heritage significance (if relevant)
• protects major view corridors and vistas
• will not affect the safety or movement of vehicles or pedestrians.

If your property is covered by the Heritage Overlay there is planning policy in the Yarra Planning Scheme that is specifically relevant to a property covered by the heritage overlay in Yarra.

For a full overview of the relevant planning policy, and in addition to looking at policy at Clause 15.01 (Advertising Signs) and Clause 52.05 (Advertising Signs), you can go online on the Victorian Planning Portal and look at Clause 43.01 (Heritage) in the Yarra Planning Scheme.

There are several planning policies in the Yarra Planning Scheme that can control building height on a property.

Firstly, you need to find out what planning controls apply to a property, and you can do this by obtaining a planning property report from the following websites:

• Victorian government's planning website
• DELWP

Once you know the planning controls on a property you will be informed about whether planning policy has placed any height restrictions on it.

For example: if a property is located in a Neighbourhood Residential Zone (NRZ) the planning policy in the zone for ‘maximum building height requirement for a dwelling or residential building’ cannot exceed the maximum building height specified in a schedule to the zone, or, contain more than the maximum number of storeys specified in a schedule to the zone.

If no maximum building height or maximum number of storeys is specified in a schedule to this zone, the building height must not exceed 9 metres, and, the building must not contain more than 2 storeys at any point.

For further assistance, you can contact us by:

• email: [email protected]
• phone: 9205 5373 (between 8.30am and 5pm, Monday to Friday)

We will respond to your request within 5 business days.

You can lodge a request to obtain copies of a planning permit or endorsed plans for a property.

Zones and Overlays provide information on how the land may be used. They determine what kind of development may be appropriate based on the unique attributes that apply to the land and its surrounds.

Zones

Zones are applied to all land in the municipality. Zones are selected from a suite of Zones provided in the Victoria Planning Provisions which allocate land for different uses, such as residential, industrial or business.

Each Zone has a set of requirements outlining what that land can and can’t be used for and what buildings and works on that land require a planning permit.

These are described as:

• right uses or a ‘section 1 use’ (no planning permit is required)
• discretionary uses or a ‘section 2 use’ (a planning permit is required)
• prohibited uses or a ‘section 3 use’ (if a planning application is lodged to Council, it will be refused).

In some Zones it is possible for some Planning Schemes to have local provisions in order to better reflect local circumstances.

Overlays

An Overlay is a tool that highlights the unique attributes of a property, and therefore the planning considerations that apply. Overlays are selected from the Victoria Planning Provisions and relate to specific issues such as heritage significance, environmental significance or flood risk.

For example: the City of Yarra is an older municipality, so a high percentage of the municipality is covered by a heritage overlay. This overlay indicates that the buildings in the overlay contribute to the historical and/ or cultural significance of the area.

Generally overlays apply to a single issue, such as heritage, flooding, or an environmental concern. It is not uncommon for a property or an area to be covered by multiple overlays.

For example, a group of houses that are located next to the Yarra River may be covered by a heritage overlay and a land subject to inundation overlay. This signifies that the area is historically significant and that there is also a risk of flooding.

Having these two overlays may result in development on the property or in the area being more restricted, as a proposal must adhere to set heritage guidelines in order to meet the heritage overlay control, or a building may need to be carefully designed in order to meet the flooding overlay. 

Planning schemes are legal documents containing policies and provisions that control land use and development. They are made up of maps and ordinance (policies and written clauses). You can view the City of Yarra Planning Scheme by accessing the Department of Transport and Planning website.

To find out what zone or overlay applies to your property, you can obtain a free copy of a planning property report from the Victorian government's VicPlan website.

The City of Yarra is an older municipality and so a high percentage of the municipality is covered by a Heritage Overlay.

Read more about Heritage Overlays and Gradings.

Read more about Heritage Overlays and Solar Panels

Visit the Heritage Victoria website to find out if your property is listed on Victoria's Heritage Register.

An Environmental Audit Overlay (EAO) is applied to any land known, identified or reasonably suspected of being contaminated.

The City of Yarra has a proud industrial history that spans more than 100 years. As land uses change, the community, Council and other levels of government often have to deal with issues caused by the past industrial activities on the land, one of them being soil contamination.

In areas where an environmental audit overlay applies, an environmental audit may need to be completed before the site can be developed for certain uses including residential. Depending on the results of the audit, the site may also need to be treated.

The Victoria Planning Provisions and the Yarra Planning Scheme is available on the Victorian Planning Portal.

There is planning policy in the Yarra Planning Scheme that is specifically relevant to a property covered by the environmental audit overlay.

For more information on this overlay and soil contamination, you can also visit the Environmental Protection Authority (EPA) website.

A Land Subject to Inundation Overlay (LSIO) is applied to areas that are not part of the primary floodway, but flood storage or flood fringe areas affected by the ‘1 in 100 year flood’.

There are various land subject to inundation overlays applied around the Yarra River.

This overlay is applied by the relevant water authority, which in Yarra is Melbourne Water, and it aims to ensure that development on a property does not interfere with the free passage of floodwaters across the property, and will not cause any significant rise in flood level or increase the rate at which the water flows.

For more information on this you can visit the Melbourne Water website.

The Special Building Overlay (SBO)applies to urban land which is subject to stormwater flooding.

Stormwater is defined in the Yarra Planning Scheme as the net increase in run-off from urban development due to water not being able to seep into the ground because of impervious surfaces such as roofs and roads.

If your property is covered by the SBO, you may be required to obtain a planning permit for works that you otherwise would not need a planning permit for.

It is Council’s way of helping you ensure that what you do on your property is appropriate and safe for the special conditions that apply to it.