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Objection to a Planning Application

Viewing Advertised Plans

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 process is called "Public Notification". There are several ways in which "Public Notification" can be carried out including:

  • Mail out to properties in the immediate area;
  • Public Notice (Large Yellow Sign) to be displayed on the subject site; and/or
  • Notice in the local newspaper/s (Usually for larger developments)

If you feel that you are affected by a proposed development, it is recommended that you endeavour to view plans within the advertising period stated on the notice (on site or received in the mail). All advertised plans are placed on Council's advertising register for the required notice period.

Alternatively you can visit the City Development counter at 1230 Nepean Highway, Cheltenham between the hours of 8.30am-5pm where plans will be available for public view until a decision is decided. If you have any questions or queries in relation to any proposed development, the planning officer on duty will be able to assist.

What can I object to?

Council planning officer's are unable to advise on what you should and should not object to. It is generally advised that if you have any concerns at all in relation to a proposed development to respond to the application in writing, and Council's Planning Officer will consider it's validity during their assessment.

Common forms of objection include:

  • Overshadowing;
  • Privacy / Overlooking Windows;
  • Noise impacts associated with the proposed use;
  • Removal of Significant Trees from the neighbourhood;
  • 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 (this is covered under separate legislation). More on asbestos

If you feel your are affected by the proposal, you are welcome to submit an objection to the Planning Application. Likewise, if you are in favour of the application, Council will also accept letters of support in relation to Planning Applications. 

In order for Council to consider any submission correspondence must be made in writing, and all relevant contact details should be provided. Submit your objection online here

Important notes about objections to permit applications

Make sure you clearly understand what is proposed before you make an objection;

The Responsible Authority (Council) may reject an application which it considers has been made primarily to secure or maintain a direct or indirect commercial advantage for the objector. In this case, the Act applies as if the objection has not been made.

Any person may inspect an objection once it has been lodged with Council. If you do not provide your name and address, the City of Kingston will not be able to consider your application.

You must not submit any personal information or copyright material of third parties without their informed consent. By submitting the material, you agree that the use of the material as detailed above does not breach any third party’s right to privacy and copyright. Personal Information includes;

  • The name, address or contact details of any third party
  • Photographs of a third party or their property
  • A third party’s opinion about the planning application or related issue

Please note that submissions and objections made to an application are available to the public to view and be published by Council in accordance with the public availability requirements (s.197A) of the Planning and Environment Act 1987. 

To ensure the Responsible Authority (Council) considers your objection, please ensure that Council received it by the date shown in the notice you were sent or which you saw in a newspaper on the site. All objections received prior to a decision being made will be taken into account, however, the earlier they are received will ensure that you are fully involved in the planning process.

All objectors will be notified of Council's decision;

If the Responsible Authority decides to grant the permit, you can appeal against the decision. Details of the appeal procedures are set out on the back of the Notice of Decision you will receive. 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 be given to the Responsible Authority giving notice of its decision.

If the Responsible Authority (Council) refuses the application, the applicant can also appeal. The provisions are set out on the Refusal of Planning Application which will be issued and forwarded to all parties.

Objections / letters of support can be submitted:

  • Mail: PO Box 1000, Mentone, 3194
  • Delivered in person to the Planning Counter at 1230 Nepean Highway, Cheltenham

What happens after an objection is lodged?

A letter will be forwarded to the objector / supporter within 10 working days, formally acknowledging receipt of your submission. If you have lodged your objection via our website, you should also receive an automated email response from Council's City Development Department.

As an objector / supporter, you may be invited to a Planning Consultation Meeting at the City Development Office, together with other objectors, the permit applicant, Council's Planning Officer, and Ward Councillors if available. Find out more on the Planning Consultation process.