CAN I CHANGE MY PLANS AFTER MY PLANNING PERMIT IS ISSUED?
YES YOU CAN MAKE CHANGES TO YOUR ENDORSED PLANS AFTER YOUR PERMIT IS ISSUED.
HERE’S WHAT YOU NEED TO KNOW ABOUT THE PROCESS…
You’ve got your Planning Permit, and endorsed plans, but you want to change an element of the design prior to commencing the build. Plans change, it happens. The planning and design process can be long and you may have changed your mind about something or through the Engineering and Building Permit stage an issue may have come up which requires a change to your design. In Victoria, the Planning and Environment Act 1987 provides two pathways to make changes to your plans after your Planning Permit is issued. We’ll help you understand what pathway will suit your proposed changes.
This has been a common question from Urbankind clients this year. So we’ve put together this overview of the process in Victoria to help you understand your options for making changes to your Permit so you can decide what’s best for you and your family.
OPTIONS FOR APPLYING TO YOUR LOCAL COUNCIL FOR A CHANGE TO YOUR PERMIT IN VICTORIA
There are two pathways to apply for changes to your Planning Permit:
A secondary consent
A section 72 amendment.
How do you know which pathway your change will be, it depends on the nature of change proposed. In short minor changes can usually be processed as a Secondary Consent and more substantial changes that may impact neighbours or change the nature of what was approved need to be a s72 amendment.
What is a Secondary Consent?
A secondary consent amendment is only for minor plan changes to after your permit is issued and does not require re-advertising.
To be eligible for plan changes under Secondary Consent will need to meet the following:
The changes do not significantly transform the proposal.
It doesn’t introduce something where Council would require additional approval or assessment under the relevant planning scheme.
It does not contradict the original assessment of the approved planning permit.
It’s not contrary to the wording, conditions or both on the approved planning permit.
The following examples are generally applicable for consideration under Secondary Consent
Internal floor plan reconfigurations that don’t impact the exterior appearance or location, or size of the windows.
Amendments to landscaping that don’t impact any permit conditions.
Adding a small verandah or pergola or similar structure
Changes to the colours or materials on external walls, features in accordance with any relevant design or character overlay controls.
Typically changes under a Secondary Consent will not be of interest to or impact your neighbours.
What is a Section 72 Amendment?
A section 72 amendment is outlined in the Planning and Environment Act 1987 as applying to:
A change or addition to the land use that the permit approved
A change to the property address to which the permit applies
Changes to the plans, other approved or supplied documents that were endorsed under the permit
Changing the wording of the permit proposal and intent
Does it cause material detriment
The following examples we find that require a Section 72 Amendment are:
Where you require changes to any of the permit conditions
Your proposal is modified and results in a change in the permit description
Any changes to windows that are visible to neighbours, in particular habitable windows and private open space
Changes to building setback or height changes, which alters the from the original assessment of the application.
Changes that impact off-site amenity to adjoining properties and spaces.
For applications under Section 72, there is a potential for the application to be advertised if the changes are significant or impact any known objectors or properties. So it would follow a similar pathway to your original Permit Process.
Still not clear, what your changes would be. Get in touch and our experienced Town Planners can review your proposed changes and advise.
So whats next?
If you need to change your endorsed plans for whatever reason please make sure you contact an experienced Town Planner prior to progressing. We’d love to help you understand the process involved, timing and associated costs so you can decide how to proceed.
We will review your proposed changes and advise, liaising with your Local Council as required to confirm the pathway for the approval (Secondary Consent or Section 72 amendment) process for your project, ensuring you are compliant with your planning permit and not impact your building permit sign off.
Typically after Councils initial assessment, they will provide an outcome to direct the next steps for your application and once assessed and if approved you will be provided with new endorsed plans and can get a step closer to being in your new development.
It is essential to note you can only proceed with your proposed changes once Council have assessed and approved your application.
We note that each process requires a payment to Council and certain application requirements which we can assist you with, so be sure to reach out to our team to discuss further.
We’d love to help you understand the process, timing and costs associated with changing your Planning Permit or Endorsed plans so please get in touch with the team at hello@urbankind.studio or Book in a Free Consult today.
