VIC planning permits (Planning and Environment Act 1987)
Vic planning permits required for most development under Planning Schemes.
Who must comply
Any person who uses or develops land in Victoria, plus the owner and the occupier of the land, who are each separately liable for a contravention on it (s 126). The owner of Crown land is excluded from s 126. Officers of a body corporate can be liable for failing to exercise due diligence (s 128).
What triggers it
Proposing a use or development of land, including subdivision, that the planning scheme does not allow as of right; or carrying on an existing use or development that is subject to permit conditions or a s 173 agreement.
When due
Before the use or development starts; then continuously for as long as the permit conditions or s 173 agreement apply. Start within the time the permit sets (3 years by default) and complete a development within its time (5 years by default) or the permit expires.
Evidence required
Planning permit and endorsed plans; evidence that each permit condition has been met; records of the permit's start and completion dates against s 68; s 173 agreements; documents supplied to the responsible authority (false or misleading information is a separate offence under s 126A).
Max penalty
Where no other penalty is set, an offence against the Act, including s 126, carries up to 1,200 penalty units or 10 years imprisonment for a natural person and up to 6,000 penalty units for a body corporate, plus up to 120 penalty units (natural person) or 600 penalty units (body corporate) for each day a continuing contravention continues after conviction (s 127). A responsible authority can also seek a civil penalty order (Division 2C) or issue a planning infringement notice (s 130)
Summary
The Planning and Environment Act 1987 (Vic) controls the use and development of land through planning schemes. Where a planning scheme requires a permit, the use or development must not start until a permit is granted by the responsible authority, which is the municipal council for land in its district unless the scheme names another person, or the Minister for land outside a municipal district (s 13). Permits can carry conditions (s 62), and the responsible authority can enter into agreements about the land under s 173. A permit lapses if a development does not start within the time it specifies or, if none, within 3 years of issue, or is not completed within 5 years (s 68). Using or developing land in breach of a planning scheme, permit or s 173 agreement is an offence by the person, and also by the owner and the occupier of the land (s 126).
Topics
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Frequently asked questions
- Who must comply with VIC planning permits (Planning and Environment Act 1987)?
- Any person who uses or develops land in Victoria, plus the owner and the occupier of the land, who are each separately liable for a contravention on it (s 126). The owner of Crown land is excluded from s 126. Officers of a body corporate can be liable for failing to exercise due diligence (s 128).
- What triggers VIC planning permits (Planning and Environment Act 1987)?
- Proposing a use or development of land, including subdivision, that the planning scheme does not allow as of right; or carrying on an existing use or development that is subject to permit conditions or a s 173 agreement.
- When is VIC planning permits (Planning and Environment Act 1987) due?
- Before the use or development starts; then continuously for as long as the permit conditions or s 173 agreement apply. Start within the time the permit sets (3 years by default) and complete a development within its time (5 years by default) or the permit expires.
- What is the maximum penalty for VIC planning permits (Planning and Environment Act 1987)?
- Where no other penalty is set, an offence against the Act, including s 126, carries up to 1,200 penalty units or 10 years imprisonment for a natural person and up to 6,000 penalty units for a body corporate, plus up to 120 penalty units (natural person) or 600 penalty units (body corporate) for each day a continuing contravention continues after conviction (s 127). A responsible authority can also seek a civil penalty order (Division 2C) or issue a planning infringement notice (s 130)
- What evidence is required for VIC planning permits (Planning and Environment Act 1987)?
- Planning permit and endorsed plans; evidence that each permit condition has been met; records of the permit's start and completion dates against s 68; s 173 agreements; documents supplied to the responsible authority (false or misleading information is a separate offence under s 126A).
Source: https://www.legislation.vic.gov.au/in-force/acts/planning-and-environment-act-1987. Rules Mate is not a law firm. Always verify against the live regulator source before acting.