Changing your House Design After Permit Approval
Changing your House Design After Permit Approval: Secondary Consent vs. Section 72
You’ve made it through the lengthy Planning Permit process, and your endorsed plans are in place, but now you find yourself needing to tweak your house design.
You might be wondering: Is it possible to change my plans after receiving approval?
The good news: Yes, it’s absolutely possible.
Revisiting plans is common, whether due to evolving ideas, budget constraints, or unforeseen construction issues.
At Urbankind, we've seen a significant increase in this over recent months, particularly from clients building secondary or holiday homes. With rising living costs and construction expenses, many are scaling back or reconsidering design elements.
For instance, one of our clients originally planned a two-storey beach house but decided to proceed with only the upper level to stay within budget, leaving room for a potential lower-level addition in the future.
Given the increasing need for plan revisions, here’s what you should know about the process.
OPTIONS FOR APPLYING TO YOUR LOCAL COUNCIL FOR A CHANGE TO YOUR PERMIT IN VICTORIA
There are two main pathways to apply for changes to your planning permit in Victoria:
Secondary Consent
Section 72 Amendment
Which one is right for you? It depends on the extent of the changes you want to make.
Minor tweaks that don't substantially alter the original approval can typically be made through Secondary Consent, whereas significant changes affecting neighbours or the building will likely require a Section 72 Amendment.
What is a Secondary Consent?
A secondary consent allows for minor changes to your approved plans without the need for re-advertising. This process is designed for smaller alterations that don’t significantly affect the overall design or conditions set out in your planning permit.
To be eligible for plan changes under Secondary Consent, you will need to meet the following:
The proposed changes should not significantly alter the original design.
The changes must not introduce elements that would require additional approval or assessment from the Council under the relevant planning scheme.
The revisions must be consistent with the original assessment of the approved permit.
The changes cannot contradict the wording or conditions of the approved planning permit.
Common examples of changes suitable for Secondary Consent include:
Internal floor plan reconfigurations that do not affect the external appearance, window size, or location.
Landscaping amendments that do not interfere with any permit conditions.
Adding small structures like a verandah or pergola.
Adjustments to external colours or materials that align with any relevant design or character overlay controls.
Typically, these changes won’t affect your neighbours or trigger additional interest or objections.
We recently assisted a client who wanted to switch their decking material and add solar panels to their beach house, even after their permit was issued. By going through the Secondary Consent process, we ensured they remained fully compliant while making these small but impactful updates to their home. This approach allowed for a seamless transition, keeping the project on track without the need for re-advertising or lengthy delays.
What is a Section 72 Amendment?
A Section 72 amendment covers more substantial changes that affect the original assessment, the building's use, or the conditions set out in the original permit. These amendments are typically more complex and may require re-advertising and the opportunity for objections, especially if the changes could impact surrounding properties.
The Planning and Environment Act 1987 outlines Section 72 amendments as applicable when:
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 has been modified, which has resulted in a change in the permit description.
Any changes to windows that are visible to neighbours, particularly habitable windows and private open space.
Changes to building setback or height changes alter the application's original assessment.
Changes that impact off-site amenities to adjoining properties and spaces.
We mentioned earlier the example of our client initially planning a two-storey beach house but later decided to proceed with only the upper level, leaving the possibility of adding the lower level at a later stage. This change required a Section 72 amendment to ensure compliance and address any concerns.
What’s Next?
If you need to make changes to your endorsed plans, we suggest you consult an experienced town planner before moving forward.
At Urbankind, we’re here to guide you through the process.
We will review your proposed changes and liaise with your local Council to confirm the pathway for your project's approval (Secondary Consent or Section 72 amendment) process. We will ensure you comply with your planning permit and that the changes do not impact your building permit sign-off.
Typically, after the Council's initial assessment, they will provide an outcome to direct the next steps for your application. 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.
Please note that you can only proceed with your proposed changes once the Council has assessed and approved your application.
Each process also requires a payment to the Council and specific application requirements, which we can assist you with.
Are you thinking about amending your plans? Contact us at hello@urbankind.studio or Book a Free Consultation today to ensure everything goes smoothly!
