Planning applications - Advertising, community consultation and decisions

Council is responsible for notifying the community about Council planning applications based on Yarra Ranges Planning Scheme requirements.

Council informs the community about applications in their area by written letters, signage on the land, notices in the local newspapers and applications are advertised on Council’s website via ePlanning, available 24/7.

Council notifies owners and occupiers of adjoining land about planning applications. The planning notifications provide information on the proposal and guide the community on how they can access applications on ePlanning.

When an application is advertised to the public it must be for a minimum of 14 days before Council makes a decision. It’s Council’s role to consider all objections and submissions as part of the decision making process.

There is no closing date for objections to be made to an application. Council must consider any objection received up until the time Council makes the decision. To ensure issues can be considered in time it is important that submissions are made within the advertised period.

Council planning officers often communicate with objectors after the advertising period to discuss concerns. Depending on concerns raised by the community, Council officers may arrange a consultation meeting with the applicant and objectors. This provides an opportunity for  objectors to ask questions related to the proposal and for the applicant to clarify any issues and discuss specific concerns.  

Based on the discussions undertaken in this meeting, the proposal might be changed in response to issues raised.

Anyone who may be affected by an application can submit an objection via ePlanning or in writing to Council. The objectors must provide their contact details, address, reference the permit application number and clearly state how the proposal will affect them in their submission.

Submissions may be shared with the applicant if they request it. It can also be available for viewing by other members of the community.

Constructive suggestions  on how any impacts could  be reduced or even eliminated by possible changes to the plans are useful information for Council when considering objections. A group   of people may make one objection and nominate one contact person.            

There is no reason why supporters of a proposal should not tell Council about their support for a proposal and for Council to consider this in making a decision.

Following the advertising process and the community consultation meeting, the planning officer will work on the final assessment of the proposal and make a decision or recommendation to Council on the permit application. The final decision on an application can be approval (permit), refusal or a Notice of Decision which includes conditions.  Should an applicant or submitter disagree with Council’s decision or the permit conditions they have the  opportunity to appeal to VCAT to change the decision or amend permit conditions.

Council notifies all objectors of the decision by email or mail.

The prescribed time for decision making for Council with VicSmart applications is 10 business days and all other applications is 60 days.

If Council does not make a decision within the 10 or 60 day period (time prescribed by State Government), an applicant may apply to VCAT for a review of Council’s failure to issue a decision within the prescribed time.

Before making a decision on an application, Council must consider the requirements of the Planning and Environment Act, as part of the Yarra Ranges Planning Scheme. This requires a comprehensive assessment  and considers environmental, social and economic effects that the proposal may have.

Council must refuse to grant the permit if a determining referral authority like VicRoads, Melbourne Water or another agency objects to the grant of the permit.

A referral authority such as the State Government can potentially impact on the time period it takes for Council to reach a decision.

In the final decision, Council must include any conditions which a determining referral authority requires.