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Objections to Planning Applications

When Council receives an application for Planning Permit which may cause detriment to another person or the amenity of an area, the proposal is required to be advertised.  This advertising process is called "Notice of application".  There are several ways in which notice of an application can be carried out including:-

  • Mail out to abutting and opposite property owner/occupier;
  • Public Notice (Large Sign) displayed on the subject site; and / or
  • Notice in the local newspaper(s) (Usually for larger developments)

The notice includes a date by which comments must be received by Council.  If you feel that you may be affected by a proposal, it is advised that you endeavour to view the documents within the period stated on the notice.  To view the documents you can access the planning applications page on Public Notice register on Council's website.  Alternatively you can visit the Rosanna Service Centre where plans are available for public viewing.  If you have any questions or queries in relation to the proposal, the planning officer on duty will be able to assist you.

Common concerns include:

  • Overshadowing;
  • Privacy / Overlooking Windows;
  • Noise impacts associated with the proposed use;
  • Removal of Significant Trees from the neighbourhood;
  • Building scale and neighbourhood character; and
  • Visual Bulk.

Please note that the following issues cannot be taken into consideration by Council:

  • Loss of Property Value;
  • Commercial Competition;
  • Type of residents that will occupy new dwellings (Tenants vs. Owner/Occupier);
  • Too many units in the area;
  • Increased pollution from vehicles; and
  • Asbestos is required to be removed by authorised demolition contractors. Contractors are required to inform Worksafe Victoria of their intention to remove the asbestos.

Likewise If you consider that you may be affected by a proposal, your concerns must be made in writing and lodged with Council by the date stated on the notice. Alternatively, if you are in favour of the application, Council will also accept letters of support in relation to Planning Applications.

All relevant contact details should be provided.

To download a copy of Council's Objection form, please click here.

Important notes about objections to permit applications:

  • Make sure you clearly understand what is proposed before you make an objection;
  • The Council may reject an objection which it considers has been made primarily to secure or maintain a direct or indirect commercial advantage for the objector.  In this case, the application continues through the planning process as if the objection has not been made (pursuant to Section 57(2A) of the Planning and Environment Act 1987);
  • Any person may inspect an objection once it has been lodged with Council;
  • To ensure the Council considers your objection, please ensure that Council has received it by the date shown in the notice.  Be mindful that all objections received prior to a decision being made (even if received after the date shown in the notice) will be taken into account, however it is strongly recommended to lodge objections as early as possible to ensure that your concerns are fully considered in the planning process.
  • All objectors will be notified of Council's decision;
  • If Council decides to grant the permit, you can appeal against the decision. Details of the appeal procedures are set out on the information sheet you will receive with the Notice of Decision.  An appeal must be made on a prescribed form (obtainable from the VCAT website) and accompanied by the prescribed fee.  A copy of this form must also be given to the Council.
  • If Council refuses the application, the applicant can also appeal. The provisions are set out on the information sheet provided with the Refusal of Planning Application which will be issued and forwarded to all parties.

Objections can be submitted by the following means:

    Mail: PO Box 51, Ivanhoe, 3079

    Email: enquiries@banyule.vic.gov.au

    In Person: 44 Turnham Avenue, Rosanna.

What happens after an objection is lodged?

Correspondence will be forwarded to the primary objector, formally acknowledging receipt of the objection.

As an objector, you may be invited to a Planning Consultation Meeting, together with other objectors, the permit applicant, Council's Planning Officer and Ward Councillor.  For information in relation to the planning process, please click here.