A Planning Permit generally includes two documents:
- the planning permit itself
- the approved plan(s) which are commonly referred to as the ‘endorsed plans’.
Depending on the size and type of development approved, a planning permit may also include additional endorsed documents such as a Waste Management Plan (WMP), or a Construction management Plan (CMP).
If you have a planning permit, you must comply with all of the conditions on the planning permit and adhere to what is shown on the approved (endorsed) plans.
If you want to make changes, you can submit an application to amend a planning permit, the endorsed plan(s), or both.
Common examples of changes made to a planning permit:
Amending the permit:
- Example: You own a restaurant and want to change the hours that you operate that are controlled by a condition on your planning permit. You would need to apply to Council to amend the permit.
Amending the approved plans:
- Example: You want to change the design of an approved extension to your house. You would need to apply to apply to Council to amend the plans so that they show the new design.
Amend the permit and the approved plans:
- Example: You own a restaurant and want to increase seating by using a courtyard at the rear and have a liquor license so that your patrons can drink alcohol with their food. You would need to apply to apply to Council to amend both the permit and the approved plans.
What are the two types of amendments that can be considered?
- Section 72 Amendment:
This is for changes to the planning permit itself (permit conditions or permit preamble) and/or to approved plan(s) and it is named after the section of the Planning & Environment Act 1987 that allows a permit to be amended. This amendment follows the same process as a planning application process.
Important note: we cannot amend a permit if it was issued at the direction of the Victorian Civil and Administrative Tribunal (VCAT) if the Tribunal has directed that the responsible authority must not amend the permit.
- Secondary Consent Amendment:
This is for minor changes to plan(s) only. This amendment type cannot make changes to the planning permit itself (permit conditions or permit preamble). It is named after a provision for change given in a permit condition.
The Secondary Consent provision is not appropriate for an amendment that would normally require notification (advertising) of an application.
For example, some planning permits include conditions which end with the phrase “…must not be altered without the written consent of the Responsible Authority.” This means that you can apply in writing for secondary consent to make minor changes.
How do I apply?
Download and complete the relevant form (option 1 or 2):
- To apply under Section 72 of the Planning and Environment Act 1987, please download the application to amend a planning permit (PDF).
- To apply via Secondary Consent under the planning permit, please use the Secondary Consent application form (PDF)
Email your completed application form to firstname.lastname@example.org
Lodging the wrong type of amendment application can add additional time and cost to the processing of an application.
If you want to make plan changes, and would like to check whether your plan changes are ‘minor’ and be able to be considered as a Secondary Consent amendment application, before lodging your application, you can email your plans to email@example.com