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Assessment, Recommendations and Decisions

A full assessment of the Planning Application will be conducted by the Planning Officer upon completion of all of the relevant Statutory Processes.  These include:

Request and Response to Council's Further Information Request pursuant to Section 54 of the Planning and Environment Act. (if applicable); 

Completion of the Referral and Notification (Advertising Process) if applicable; and

Completion of the Planning Consultation Process (if applicable).

 

What is involved in the assessment process?

When considering the application for Planning Permit, Council's Planning Officer will conduct a full assessment of the application against the relevant provisions of the Kingston Planning Scheme including:

Planning Policy Framework which may include;

 Clause 11 of the Kingston Planning Scheme (Settlement)

 Clause 12 of the Kingston Planning Scheme (Environmental and Landscape Values)

 Clause 13 of the Kingston Planning Scheme (Environmental Risks)

 Clause 14 of the Kingston Planning Scheme (Natural Resource Management)

 Clause 15  of the Kingston Planning Scheme (Built Environment and Heritage)

 Clause 16  of the Kingston Planning Scheme (Housing)

 Clause 17 of the Kingston Planning Scheme (Economic Development)

 Clause 18 of the Kingston Planning Scheme (Transport)

 Clause 19 of the Kingston Planning Scheme (Infrastructure)

Local Planning Policy Framework - Some examples of Local Planning Planning Policy Framework include:  

Clause 21.03 of the Kingston Planning Scheme (Land Use Challenges for the New Millenium). 

Clause 21.05 of the Kingston Planning Scheme (Residential Land Use)

Clause 21.06 of the Kingston Planning Scheme (Retail and Commercial Land Use)

Clause 21.07 of the Kingston Planning Scheme (Industrial Land Use)

Clause 22.11 of the Kingston Planning Scheme ( Residential Development Policy) 

Relevant Zoning Provisions - Some Examples include:

Clause 32.08 of the Kingston Planning Scheme (General Residential Zone)

Clause 33.01 of the Kingston Planning Scheme (Industrial 1 Zone)

Any Overlays affecting the subject site (If Applicable) For Example:  

Clause 44.05 of the Kingston Planning Scheme (Special Building Overlay)

Clause 43.02 of the Kingston Planning Scheme (Design and Development Overlay)

 

Comments from relevant Referral Authorities;

 

Any objections received in relation to the Planning Application;

 

Any letters of support received in relation to the Planning Application.

How is a Decision Made?

Upon completion of the assessment, Council's Planning Officer will prepare a report with a recommendation for a decision.  Depending on the scenario, there are four (4) different decision processes that may take place in relation to your application:

Notice of Decision (Recommendation for approval when there are unresolved objections):

A notice of decision is issued when there is a recommendation for approval despite there being existing objections to an application.  The Notice of Decision will be sent to all parties, and any objectors will have 28 days from the date of the Notice of Decision with VCAT (Victorian Civil and Administrative Tribunal).  Full details in relation to the appeal process through VCAT will be located on the back of the Notice of Decision document.  Alternatively for more information on VCAT procedures, please click here.  VCAT will notify Council whether an appeal against the Notice of Decision has been made, and if no appeals have been lodged within the specified time frame, Council's Planning Officer will proceed to issue a Planning Permit in accordance with the Notice of Decision issued.

Planning Permit - with endorsed plans:

A Planning Permit may be issued in conjunction with endorsed plans (Approved plans issued by the City of Kingston).  The endorsed plans should be read in conjunction with the Planning Permit, and constitute approval for the proposed use or development.

Planning Permit with conditions attached (Condition 1 requirements):

A Planning Permit may be issued subject to "Condition 1 Requirements".  In this scenario, Condition 1 of the Planning Permit will require certain amendments to the plans to be submitted prior to the plans being endorsed (approved).  Upon receipt of plans that address all "Condition 1 Requirements", the plans will be endorsed (stamped and approved by a Council Planning Officer) and should e read in conjunction with the original Planning Permit document.  You will be unable to act on the Planning Permit until in relation to your Planning Permit have been endorsed by Council.

Refusal:

When a Refusal is issued, Council's grounds of Refusal will be itemised and set out within the Refusal document.  The Refusal will be forwarded to all parties to the application (Applicant, Objectors, Referral Authorities), and the applicant has 60 days from the date of the Refusal issue date to lodge an appeal with VCAT (Victorian Civil and Administrative Tribunal).  Full details in relation to the appeal process through VCAT are located on the back of the Refusal document.  Alternatively for more information in relation to VCAT procedures, please click here.

Who Approves the Officer Recommendation For a Decision?

There are two different ways in which an officer recommendation is approved.  Depending on the complexity of the application and / or any other factors. 

Delegation: 

If a recommendation is approved under delegation, it is signed off by an authorised Council Planning Officer.  This officer is a senior member of the team and are formally authorised to sign off recommendations and / or permit/refusal documents.

Council Meeting:

Depending on the application type and / or any outside factors that are relevant, the application may be required to be placed on a Council Meeting Agenda.  In this scenario, the officer recommendation will be placed on a Council Meeting Agenda and will decided by City of Kingston Councillors at a formal Council Meeting.  The public are welcome to attend the Council meeting, and formal invitations will be sent with the date, time and venue to all parties involved in the application.  Once the City of Kingston Councillors have made a decision the City Development team will issue the decision in accordance with the minutes from the Council Meeting.  For more information in relation to planning applications and the Council Meeting process, please click here.

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