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Change of use and planning permits

 

When you need a planning permit to change a use

A planning permit is sometimes required for a new use or to change an existing use. This will depend on the zoning of the land.

Every property is in a zone, such as the General Residential Zone or Commercial 1 Zone. The zone sets out what uses need a planning permit, what uses are prohibited, and what uses can occur without a planning permit. You can check the land zone that applies to a property online at VicPlan.

Land use definitions

Definitions from our planning scheme can help you understand your land use. Please note that a land use may be 'nested' within different land use terms. For example, a cafe is defined as a ‘food and drink premises' which is nested under ‘retail premises’. 

You can contact the planning team if you require assistance.

If you’re looking to open a new business, we recommend you first contact our Business concierge.

What you'll need to provide

If you need to submit a planning permit application to use the land for a particular use (i.e. “change the use”) this is the information you’ll need to provide.

  • Completed application form (which you will fill in online when you lodge your application)
  • A recent copy of Certificate of Title from Landata that’s no more than 3 months old, including a full copy of any restrictive covenants or section 173 agreements.
  • The applicable Fee. For more information, see our fees page.
  • A Site Analysis Plan that shows:
    • The site and its context, including built form and land use(s) of surrounding properties and how close the site is to the nearest residential properties.
    • The location of habitable rooms, windows, doors and areas of secluded private open space (e.g. balconies, backyards, etc.) to surrounding residences.
    • A more detailed site analysis plan may be required (see “you may need to provide” section below) depending on the type and nature of the proposed use.
  • An Existing Floor Plan showing:
    • The existing layout, use and floor area of all parts of the building(s)
    • The location of existing car parking (if any)
    • Existing windows and doors
    • Abutting roads/public lanes labelled

  • A Proposed Floor Plan of the site showing:

    • The proposed layout and use of all parts of the building(s)
    • The proposed floor area
    • The location of all proposed car parking (if any), including dimensions of car parking spaces
    • The location of all proposed bicycle parking (if any)
    • The location of waste storage within the site and collection within or outside the site

    Please note that if any demolition, buildings or works are proposed concurrently which require a planning permit, please refer to the relevant guide for those permits, including our advice for Buildings and Works in Commercial or Industrial Zones.

  • A written Submission, including (but not necessarily limited to):
    • Details of how you would like to use the land and the types of activities which will be carried out
    • Proposed hours of operation
    • Maximum number of staff, employees or practitioners on-site at any one time
    • Maximum number of patrons, customers or students on-site at any one time
    • Whether music is to be provided in association with the use (if relevant, e.g. bar, art gallery, function centre, café, yoga studio, gym etc) and if so, the type and volume of music to be provided and. For example, pre-recorded background level music, live music, which includes DJs, etc.
    • Any other sources of noise associated with the use. For example, patron noise; operation of equipment or machinery, microphones or other sound amplification (e.g. for a gym).
    • The likely effects, if any, on the surrounding land, such as through noise, traffic, loading/unloading, other emissions of any kind and light spill.
    • The hours of delivery and dispatch of goods and materials
    • Details of waste management including bins, waste streams, storage and collection. If operational details are different for different parts of the premises (e.g. indoor and outdoor areas) this should also be detailed.
    • A written submission addressing the relevant parts of the Yarra Planning Scheme including
    • Further written submissions or reports may be also be required (see “you may need to provide” section below).
    • If an industry or warehouse is proposed:
      • Whether the use is listed in Clause 53.10
      • The type and quantity of goods to be stored, processed, produced or delivered
      • If a Works Approval or Waste Discharge Licence is required from the Environment Protection Authority
      • If a notification under the Occupational Health and Safety (Major Hazard Facilities) Regulations 2000 is required, a licence under the Dangerous Goods Act 1995 is required, or a fire protection quantity under the Dangerous Goods (Storage and Handling) Regulations 2000 is exceeded
  • A copy of your paid Metropolitan Planning Levy if applicable.
  • An Acoustic Report prepared by a suitably qualified acoustic consultant which addresses EPA Publication 1826 Noise limit and assessment protocol for the control of noise from commercial, industrial and trade premises and entertainment venues or any other requirement, such as accepted sleep disturbance criteria or relevant Australian Standards. The report must identify all potential noise sources associated with the licensed premises, nearby sensitive uses, and any noise attenuation works required/recommended.
  • A Waste Management Plan.
  • Details of all previous known uses occurring on the site. If previous uses are any of the ‘High Potential’ for contamination listed in Table 1 of the Potentially Contaminated Land Practice Note an Environmental Assessment Report by a suitably qualified professional is required.
  • A Site Analysis Plan which shows, in addition to those items listed in the mandatory section:
    • Sensitive land uses within 50/100m of the site (e.g. residential uses, childcare centres, education centres) if live music is proposed
    • taxi ranks and nearby public transport services
    • location of on-street car parking.
       
  • If you’re looking to open a new business, we recommend you first contact our Business concierge.
  • View the Yarra Planning Scheme (Clause 13.07-1L-01) to better understand why the above information is required, as this is a key part of what informs Council's assessment of the application
  • Additional information to that listed above may be required and may be requested by the allocated planning officer.
  • Please check if any other planning permit triggers apply to your proposal and provide relevant information prescribed on those checklists if required, for example, other permit triggers that may also apply are:

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

    • Building permit (if any structural re-modelling is required, or the ‘class’ or category/type of the building use/occupancy changes. For more information, see permits and consents.
    • Business permits, such as a:
      • Health permit, depending on the type of use (eg. Hairdressing salon, tattoo parlour, hotel).
      • Footpath trading license, if you wish to place anything on the footpath such as tables and chairs, umbrellas or signs (the planning permit does not include the footpath).
      • Food Safety registration, if you plan to serve or sell food.

    For more information, see business permits, licences and registrations.

For more information