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Planning Permit Info, Fees, Forms and Handouts

The Knox Planning Scheme sets out uses and developments that require a planning permit.

Applying for a Planning Permit

You can obtain an application form either from Council directly or by printing off a copy from the link at the bottom of this page.

The completed and signed application form along with the prescribed fee, documentation & (3) sets of plans will need to be submitted to Council.

NO ELECTRONIC LODGEMENT OR PAYMENT THROUGH COUNCIL IS AVAILABLE AT PRESENT.

Payment for these requests can be sent to us via the mail with a cheque / money order or you can pay via any means at Council’s Civic Centre at 511 Burwood Hwy, Wantirna South - Opening hours are 8:30am, Closing hours are 5:00pm apart from Tuesday we are open until 8:00pm.

METROPOLITAN PLANNING LEVY

The Metropolitan Planning Levy (MPL) is applicable to any development application where the estimated development cost exceeds the threshold amount. The amount will be indexed by CPI for each subsequent financial year and will be published by the State Revenue Office.

The threshold amount for 2016-17 financial year is $1,013.692.16 million.

From 1 July 2015 this fee was put in place for any application where the estimated development cost exceeds the threshold amount must be lodged with a valid Levy Certificate. The State Revenue Office is responsible for issuing the Levy Certificate (once the Metropolitan Planning Levy has been paid to the SRO) and further information can be accessed via the State Revenue Office.

VicSmart Planning Permit Applications

For VicSmart planning permit applications, please refer to our VicSmart page.

Amending a Planning Application

An application may be made to amend an application for a planning permit which has not been decided either before the application has been advertised (Section 50 of the Planning and Environment Act) or afterwards (Section 57A of the Act). This includes any changes to what you are applying for including changes to plans and supporting documentation.

If you wish to amend an application after advertising, please note that a fee is applicable (please refer to Council’s Fee Guidelines below) and if the proposed changes are substantial, Council may determine to readvertise the application.

To amend a planning application, you can obtain an application form either from Council directly or by referring to the Links below under Downloadable Files.

The completed & signed application form along with the prescribed fee, any amended documentation and (3) sets of any amended plans will need to be submitted to Council either by hand or mail. NO ELECTRONIC LODGEMENT THROUGH COUNCIL IS AVAILABLE AT PRESENT.

Please note that if you wish to modify a previously issued planning permit, or make a new application for a planning permit, you will need to fill in different forms. These can be found by referring to the Links below under Downloadable Files.

Amendments to Approved Plans or Issued Planning Permits and Extension of Time

An application may be made to amend plans endorsed as part of a planning permit, amend a planning permit or extend the time of a planning permit.

Amendments to plans or permits may include changes to approved buildings and works, extension of operating hours, additions and extensions, etc.

The amendment process follows a similar procedure to the planning application process and referrals and advertising may be undertaken.

Planning permits will generally expire if the approved works / use are not commenced within two years or completed within four years of the permit issuing. If the use or works are not commenced / completed within these times an application can be made to Council to extend the life of the planning permit. Such applications must be made within 3 months of the permit expiry. When applying for an extension of time, an applicant must provide a letter outlining the reason/s why an extension of time is required and how long the extension is required for.

To apply for an amendment or extension of time, you can obtain a separate application form for either of these from Council directly or by referring to the Links below under Downloadable Files.

The completed & signed application form along with the prescribed fee, documentation and (3) sets of plans will need to be submitted to Council either by hand or mail. NO ELECTRONIC LODGEMENT THROUGH COUNCIL IS AVAILABLE AT PRESENT.

All amendment and extension of time applications need to be accompanied by a covering letter clearly outlining what the application is for, an assessment against the relevant policies, and the potential impact of the amendments on the amenity of the area.

Single Dwellings and Dwelling Extensions (including sheds, garages, etc)

In certain areas a planning permit may be required for the construction of a singe dwelling or extension and / or additions to a single dwelling.

The need for a planning permit may be triggered by zoning or overlays overlay controls or the size of the land on which a dwelling is, or is to be situated.

Where a planning permit is required for the construction, extension or addition to a single dwelling, applications will be assessed against the provisions of the Knox Planning Scheme, and will include having regard to the neighbourhood character of area, amenity of surrounding residents, prevailing building setbacks and the retention of vegetation.

Multi Dwelling Development

A planning permit is required to construct two or more dwellings on an allotment.

The City of Knox being situated at the foot of the Dandenong Ranges, includes environmentally sensitive and significant areas and highly valued landscapes. To help preserve these highly valued community assets and the unique character of the Knox, multi dwelling development is discouraged in certain areas (e.g. the Dandenong Foothills area) unless it meets strict requirements.

In other areas multi dwelling development may be appropriate provided it is close to an Activity Centre designated in Melbourne 2030 and meets the requirements of the Knox Planning Scheme, including the objectives and standards of ResCode (Clause 55 of the Knox Planning Scheme).

Prior to lodging an application for multi dwelling development, a site analysis must be undertaken to identify the opportunities and constraints of the site and whether the site is appropriate for multi dwelling development. Consultation with Council’s planning department is strongly encouraged.

Industrial or Commercial Development

The use and / or development of land for industrial purposes may require a planning permit. A planning permit is required for the construction of buildings and works associated with industrial uses, whilst change of use from one industrial activity to another may also require a planning permit.

All planning permit applications for industrial uses and / or development must be accompanied by a letter outlining the extent of any proposed works, the nature of the proposed activities (use of the land), hours of operation and the potential impacts of the proposed use / development on the surrounding area (traffic, parking, fumes, noise, etc.).

Certain industrial uses require minimum buffer distances to sensitive uses (including residential areas). A list of industrial activities requiring minimum buffer distance setbacks are set at Clause 52.10 of the Knox Planning Scheme.

Applications for industrial use / development must also provide appropriate car parking as determined by the Knox Planning Scheme (Clause 52.06).

Change of Use

Where it is proposed to change the use of a premise or parcel of land, a planning permit will often be required.

All applications for change of use must be accompanied by a covering letter outlining the current and proposed use of the land including details of number of staff, hours of operation, nature of activities, availability of car parking and public transport, and any buildings, works or signage required to be undertaken in association with the proposed change in use.

Change of use applications are assessed against the provisions of the Knox Planning Scheme, including adequacy of car parking provision, amenity impacts on the area, hours of operation, noise, and compatibility with surrounding land uses and development.

Examples of change of use applications may include change from shop to restaurant, office to medical centre, restaurant to nightclub, residential to child care centre, etc.

Dependent Persons Unit

A dependent persons unit or 'granny flat' is a moveable dwelling that is situated on the same lot as an existing dwelling and used to provide accommodation for a person dependant on a resident of the existing dwelling. A planning permit may be granted for the provision of a dependant persons unit, however such permits will ordinarily require the creation of restrictions on the Certificate of Title to the land requiring the removal of the dependant persons unit when the use for this purpose ceases. Restrictions on subdivision may also be required as a condition of any permit issued.

Car Parking Variation

The Knox Planning Scheme requires car parking to be provided on site for all land uses and development. The amount of car parking required for specific uses and / or development is set out at Clause 52.06 of the Knox Planning Scheme, and relates to the likely demand for car parking generated by an activity (i.e. the number of doctors at a medical centre, the number of seats in a restaurant or the amount of floor area in a warehouse or shop).

Whenever a change of use of land or development is proposed, it is important that applicants identify whether car parking requirements as set out in the Knox Planning Scheme are met. An applicant can apply for a planning permit to reduce or waive the amount of car parking provided for a use or development. Such applications will be considered on their individual merits having regard to, amongst other things, the availability of car parking in the area, access to public transport and the nature of the activities on the land.

All applications for car parking variations must be accompanied by a car parking and traffic report which provides justification for the proposed variation.

Tree Pruning and Tree Removal

A planning permit is generally required for the pruning or removal of trees within the City of Knox.

Knox City Council has numerous planning controls which protect trees and vegetation, and vegetation and tree controls are enforced vigorously, with harsh penalties issued for illegal tree removal.

Consultation with our Planning staff is strongly encouraged prior to the pruning or removal of a tree. City Development - Planning Services can be contacted on 9298 8125, and will require information on the type, height and health of the vegetation in question in order to determine if a planning permit is required.

Variation or Removal of a Covenant

A covenant is a restriction that is recorded on the Certificate of Title to land. Covenants may restrict the future development or use of land (e.g. restrict development of land to one dwelling, prevent further subdivision, limit height of buildings, etc.).

A planning permit cannot be issued which contravenes a covenant recorded on a Certificate of Title to land, unless that covenant is first removed or varied.

Planning permit applications for the variation or removal of a covenant must be accompanied by a full copy of the Certificate of Title to the land, a full copy of the covenant and a letter outlining the variations to the covenant sought and reason for the request.

Planning permit applications for the variation or removal of a covenant must be advertised to all persons deemed to benefit from the covenant.

Liquor Licences

The sale and / or consumption of liquor on land requires a liquor licence to be obtained from Department of Justice. In addition to requirements set out by Department of Justice, a planning permit is also required for use of land to sell or consume liquor with a liquor licence, or to alter or amend an existing liquor licence (increase in operating hours, increased number of patrons, change in type of liquor licence).

Liquor licences may be required for restaurants, cafés and any other uses where liquor is sold or consumed. Planning permit applications for use of land with a liquor licence must specify the ‘type’ of licence being applied for, proposed operating hours, numbers of staff and patrons, and in the case of nightclubs, hotels and / or taverns provide a patron management plan.

Planning permit applications for use of land with liquor licences must be consistent with applications submitted to Department of Justice.

Further information regarding details are available under alcohol on the following website page: Department of Justice or if you have any questions, please contact Department of Justice on 1300 650 367.

Signage

Advertising and / or promotion signs are signs which are generally used to identify a business, promote an event or product or provide information about a service available on land.

The erection of advertising and / or promotional signs on land in most circumstances requires a planning permit.

The zoning of the land will determine if a permit is required to erect advertising or promotion signs, and what restrictions apply to the type of signs being displayed (i.e. internally or externally illuminated, pole signs, bunting, business identification, advertising signs or panel signs).

All signage must meet the requirements of Clause 52.05 (Advertising Signs) of the Knox Planning Scheme and signage is generally restricted to that necessary to identify the business or use undertaken on the site.

Home Occupation

A ‘home occupation’ is an occupation or business carried on in a dwelling or on the land around a dwelling by a resident of the dwelling.

Home occupation activities must not adversely impact on the amenity of the area (by way of hours of operation, smell, noise or parking of vehicles), and the person that is conducting the business must use the dwelling as their principle place of residence.

Use of a dwelling or residence for a ‘home occupation’ must meet the requirements of Clause 52.11 (Home Occupation) of the Knox Planning Scheme.

For more information

Knox City Council
Planning Services
511 Burwood Highway
Wantirna South Vic 3152

Tel: 9298 8125
Fax: 9801 0389

Buildings and Works on Council Land

All applications for buildings, works, signage or uses on Council land will require consent from Council for the use, development or works, prior to the lodgement of a planning application.

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