The authority in charge of administering the planning scheme, including granting permits, is the responsible authority. In most cases the council is the responsible authority. The responsible authority may also be the Minister administering the Planning and Environment Act 1987 (the Act), or some other person or authority specified in the planning scheme. The council is the normal first point of contact for permit applications.
The procedure a responsible authority must follow in deciding whether or not to issue a permit is shown in Figure. The procedure formally begins when a completed application form is lodged with the responsible authority, accompanied by a complete description of the proposal (which may include plans, supporting information and copy of title) and the prescribed fee. In practice, the applicant will benefit from discussing the proposal in detail with the responsible authority before lodging the formal application. Many problems can be avoided in this way.
With many proposals, the views of other agencies will be required before the responsible authority can make a decision. These agencies will be prescribed in the planning scheme based on the proposal, the location and other factors. The responsible authority will send a copy of the application to these agencies for their comment.
In some instances, the responsible authority will give notice or require notice to be given to adjoining owners and occupiers, unless it concludes that material detriment will not be caused to any person, or the planning scheme specifically provides for an exemption from the notice requirements. There are several standard procedures for giving notice of an application.
The responsible authority may also ask for more information to be provided before it makes a decision.
Once notice (if required) has been given and the relevant time has elapsed for submission of objections or comments by any referral authority, the responsible authority can decide the application.
Depending on its view and whether or not objections have been received, the responsible authority will issue a permit, a notice of the decision to grant a permit or a notice of refusal to grant a permit.
An application can also be made to the responsible authority to amend an existing permit. The application is processed in the same way as an application for a permit with the responsible authority ultimately issuing an amended permit, a notice of the decision to grant an amendment to a permit or a notice of the decision to refuse to grant an amendment to a permit.
An applicant and in many cases an objector may have the decision reviewed by the Victorian Civil and Administrative Tribunal (VCAT) in particular circumstances.
Source: Department of Environment, Land, Water and Planning