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Making a planning permit decision

Learn about planning decisions, appeals to VCAT, and your rights. Find information on permits, timelines, public notices, and how to seek assistance.

Decision

Planning officers are authorised by the Council to assess most planning permit applications. However, some applications must be referred to Council for a decision, which may delay the outcome by at least 4 weeks.

We can make three types of decisions about your application:

  • Issue a Permit: If no objections are received, or the application meets the requirements of the Planning Scheme.
  • Issue a Notice of Decision to Grant a Permit: If there are objections, but we find the proposal acceptable.
  • Refuse to Grant a Permit: If the application does not meet planning requirements.

Permits often include conditions that outline how the development or use of the land must proceed. Work can only start and continue if all conditions are met.

If your permit has been issued, you can:

  • Apply to amend the plans, conditions, development, or use specified in the permit.
  • Request an extension of time.

For more information, visit our Amend or Extend a Planning Permit page.

Appealing a decision

The Victorian Civil and Administrative Tribunal (VCAT) is an independent body that resolves disputes in Victoria.

If you’re unhappy with a planning decision made by Council, you may be able to ask VCAT to review it.

For objectors, your appeal rights will depend on the type of application and its compliance with the Planning Scheme.  For example: if a multi-unit development complies with applicable standards of the Townhouse and Low-rise Code (Clause 55 of the planning Scheme), objectors cannot appeal Council's decision to issue a planning permit.

Talk to your planner if you need further guidance on your appeal rights.

When VCAT reviews a decision, it reconsiders the entire application.

How to apply

You can find information on how to apply to VCAT on your:

  • Refusal to Grant a Planning Permit
  • Notice of Decision to Grant a Planning Permit

Visit the VCAT website to:

  • Learn more about the process.
  • Check timeframes for lodging an appeal.
  • Submit a review application for a Council planning decision.

Keep in mind that appeals can take time. You may need to wait for a hearing date, which could take several months depending on VCAT’s caseload.

VCAT decisions

After the hearing, VCAT will review all submitted materials and issue a decision. A copy of the Tribunal’s order, including the reasons for its decision, will be sent to all parties by email or mail.

The Tribunal’s decision is final unless an appeal is made to the Supreme Court on a legal issue. If VCAT grants a planning permit, Council must issue the permit and ensure all requirements are met.

Public Notices

In some cases, VCAT may ask us to share plans and materials related to a hearing. When this happens, we publish the information as soon as possible.

For example:
P994/2021 - 208 St Elmo Avenue, Ferntree Gully VIC 3156

Need help?

For more information, contact:

VCAT Planning and Environment Registry Staff

Council’s Statutory Planning Department

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