The most frequently asked questions about planning and development in Banyule are:
Under Related information you will find links that might also help answer your questions:
- Department of Transport, Planning and Local Infrastructure - Victorian Government - a wealth of information about planning processes in Victoria, including the role of Local Councils. This site includes Planning Schemes Online for all Victorian Councils, including Banyule City Council.
- Victorian Civil and Administrative Tribunal - for appeals to planning decisions made by Council.
- Land Channel - a government website providing integrated access to information about land, resources and property services in Victoria.
- Department of Environment and Primary Industries - property, titles and maps, including how to search for a title online.
- LANDATA Titles and Property Certificates service - this Victorian Government service supports online ordering, payment and delivery of land and water related certificates.
- Banyule Planning Scheme (Planning Schemes Online) - Our current planning scheme.
For further information or clarification on any planning issues, please call our Planning Team on (03) 9457 9808 during business hours.
Remember that you should get appropriate advice before taking any action which may be affected by a planning scheme requirement.
The zoning controls and overlays applying to any piece of land across Victoria can be obtained:
The following list can be used as guidance when preparing to lodge a planning permit application:
- A completed application for a planning permit form - access here.
- Payment of the relevant fees - access here.
- Copy of title generated within 30 days of lodging the application for each lot to which the application is related to - a recent copy of title can be obtained online.
Note: Associated title plan(s) and relevant instruments (i.e. covenant(s) or agreements) are required.
- Reports, plans and photographs as identified within the relevant planning checklist.
- The information usually required to accompany an application includes plans, reports and photographs.
This list is not definitive and once an application is lodged a request for further information may occur.
Council encourages permit applicants to consult with one of Council's planning officers before formally lodging an application. This is preferably done at the planning counter at our Rosanna Customer Service Office without an appointment, during office hours or over the phone.
Depending on the type of application and issues surrounding the application, it can take 6 weeks to 6 months or more.
The planning process is complex and we must consider a wide range of policies and requirements. A decision may not be made for a considerable time after the application is lodged depending on the complexity of the use, need for further information, public notification, objections and decision process. It is not unusual for applications to take several months to determine, even where you may feel that the matter appears straight forward. If at any stage you have any queries about the proposal please contact the planner dealing with the application.
Shortly after we receive your application for a planning permit, your application will be acknowledged by mail stating the relevant planning officer, their contact details and application reference number.
Where a proposal may cause detriment to another person or the amenity of an area, the application requires notice to be provided to people likely to be affected by the proposal. During the period of notice (otherwise known as the advertising period) an objection can be lodged. If you wish to object to an application, it must be in writing (printed, written or via email), stating your contact details, details of the planning application, the reasons for the objection and how you will be affected. Objections can be completed by using our standard objection form.
Most applications for Planning Permits are determined by authorised planning officers under 'delegated authority'. This means that most applications will not be formally considered at a Council meeting.
There are instances in which Council meetings will determine the outcome of a planning application, for example are when a petition is lodged against an application or if the proposal may be contrary to one or many Council policies and it is a proposal of great interest to the community.
If you have objected to an application for a planning permit that Council has supported, you can lodge an appeal (application for review) against the decision. The appeal must be lodged at the Victorian Civil and Administrative Tribuna (VCAT) within 21 days of the determination date. If Council has refused or supported your application subject to conditions, the applicant has the opportunity to also appeal to VCAT within 60 days of the determination date.
Many things that we plan to do can affect other people so we need some process to ensure that decisions we make about land use and development are fair, orderly, economic and sustainable. Consideration of Planning Permit applications gives the local Council the opportunity to assess the suitability and appropriateness of future development and land use.
There are numerous standards and requirements to consider when contemplating a proposal for a site.
At the very least any development occurring in Banyule should factor in:
- The strategic location of the property (Clause 21.06 Banyule Planning Scheme)
- Neighbourhood character (Clause 22.02 Banyule Planning Scheme)
- Vegetation retention (Clause 22.02 Banyule Planning Scheme and also the relevant overlay that applies on the property)
- Proposed landscaping (Tree Planting Zone Guidelines, residential code standards, Clause 55 Banyule Planning Scheme).
- Vehicle access to the site
The Banyule Planning Scheme is available at Planning Schemes Online.
With that in mind, an appropriate site analysis should be prepared. Once the site analysis has been produced the opportunities and constraints of the site should be identifiable. The site analysis will greatly assist in determining the development potential of any given site and based on this, it will be possible to determine the suitability of the site for multiple dwellings and, if so and after speaking with Council planning officers, potentially how many dwellings are considered appropriate.
We have many controls regarding the retention of vegetation. It is necessary for people enquiring about this issue to contact us with information on the type, location and health of the vegetation in question. This will assist officers determine whether a planning permit is required for tree removal or trimming.
Depending on the planning controls that affect your property, you may be required to obtain planning approval for 'works' which also includes simple paving or a patio. 'Works' can include any change to the natural or existing condition, topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil. This doesn’t mean you need a planning permit to dig a hole and plant a tree. Gardening is not considered as 'works' within our Planning Scheme and therefore does not require planning approval. However, “gardening” should be limited to activities such as the cultivation of plants and the minor pruning of vegetation for beautification purposes.
It is recommended that if you are in an area with significant vegetation, landscape, environmental or heritage significance (this means that your property is covered by an Overlay Control under the Banyule Planning Scheme), you contact us to determine whether your proposal would constitute 'works'. This can include proposals such as substantial vegetation pruning, vegetation removal, retaining walls, fencing, decking, concreting and even larger projects including excavation, installation of permanent water features, large ponds or swimming pools.
Proposals to amend a landscaping plan approved under a previous planning application also require approval.