What is a Conditional Planning Permit?
Your Planning Permit may have been issued subject to a number of conditions. If this is the case, you are required to submit amended plans to Council in accordance with the conditions contained in the Planning Permit. You cannot act on the Planning Permit until such time as plans have been endorsed (stamped) by the City Development Department.
Amended plans (or anything that the conditional Planning Permit requires) to be endorsed are to be submitted electronically via email to firstname.lastname@example.org. Please do not forward amended plans directly to planning officers as this could cause delay in your approval.
As part of Council’s continual business improvements, a process in relation to the endorsement of plans has been implemented. Prior to lodging your plans to Council for endorsement, please ensure all requirements of your Planning Permit have been meet. Should plans not satisfy all requirements, a fee of $150 will be charged for any subsequent lodgement to Council.
l need to submit a Landscape Plan. How do l do this?
Certain approvals given by Council are likely to contain conditions relating to landscaping. This may be removal, retention, tree protection and proposed landscaping. It may also include vegetation on an adjoining allotment or a public tree (street tree). Visit our Vegetation, Private and Public Trees page for further information explaining what a landscape plan should include.
My Planning Permit contains conditions relating to stormwater or drainage. What do I do next?
Certain approvals given by Council are likely to contain conditions relating to stormwater management.
After your plans have been approved by Statutory Planning, you will need to submit a set of your engineering drawings online.
Please note that Kingston Council and Melbourne Water have launched an innovative two-year pilot project offering more flexible options for developers to meet their stormwater quality obligations. Visit our Water Management page to download an introductory brochure that explains this project, or for a detailed step-by-step application guide for developers.
My Planning Permit contains conditions relating to submitting a Construction Management Plan (CMP). How do l do this?
If your Planning Permit contains conditions requiring the submission of a Construction Management Plan (CMP) before you commence any works, please refer to the requirements and checklists in Kingston’s Construction Management Guidelines.
I wish to make changes to the Planning Permit or Endorsed plans, how do l do this?
Council’s Planning Team often receive enquiries about whether people can make changes to their planning permit and/or approved plans. If you have an existing planning permit, you are legally obligated to comply with all the conditions. However, if you would like to make changes, you can apply for an amendment to your planning permit and/or plans.
Planning permits may consist of two documents: the permit and the approved plan(s) and/or reports. You can propose changes to the permit or the plan(s) or both. For example, you may run a restaurant and wish to change the hours of operation (change to permit), or you may be making an extension to your house and decide to change the design (change to plans). Either way, both cases are referred to as an amendment to the Planning Permit.
There are two types of amendments that can be made:
- Section 72 Amendment A Section 72 Amendment is a formal amendment to the planning permit or plans that follows the same steps as the original application process, including potentially notifying neighbours. You must follow the Section 72 Amendment process if you need to make any change to a permit, for example change what the permit allows, apply for a new planning permission or to change a condition on the Planning Permit. You can also seek changes to the associated approved plans through this process.
- Secondary Consent A Secondary Consent application allows changes to the plan(s) only. It is a convenient way to seek approval for modifications such as changes in colors or materials or ground floor deck to approved plans as it does not need to go through the full planning permit process. However, if your proposed changes are deemed to have potential amenity impacts, introduce new considerations (such as a reduction in car parking) or impact any of the conditions of the existing permit, you will be required to undertake a Section 72 Amendment.
For more information on how to make a change to your permit or endorsed plans/report see our information guide on Changing an existing Planning Permit.
Does a Planning Permit have a timeframe?
The Planning Permit contains an expiry date. If works have not commenced or are not completed within the required time the permit is likely to have expired. It is the responsibility of the permit holder to seek an extension of time prior to the permit expiring. Council does not remind you of this date.
Requests for an Extension of Time are not automatically granted, and each application will be considered on its merits against the provisions of the Kingston Planning Scheme at the time of the request. Obtaining endorsed plans or further planning permit approvals does not automatically extend the permit.
If a request for an extension to extend the permit is made out of time, the responsible authority cannot consider the request and the permit holder will not be able to apply to the tribunal.
Do I require any other approvals?
A common misconception is that once you have a Planning Permit you can start your works.
However, you may also require a Building Permit, and possibly other types of permits depending on the works you want to carry out.
A Planning Permit gives permission for how the land is used and developed (e.g. for dwellings, commercial premises, liquor licence), whereas a Building Permit gives permission for how buildings are constructed (structural).
It’s a good idea to speak to Council about these early to make sure you have all the permits you need before you start making any changes to your land or buildings. You should ensure that these matters are attended to prior to acting on this Planning Permit. More information about permit types can be found on the Development and Construction - Permit requirement information.
Building Permit – depending on the size and location of your proposal you may need a building permit. A building permit gives permission for how the construction is undertaken. If this permit involves buildings and works which require a Building Permit the applicant/owner must provide a copy of the planning permit to the appointed Building Surveyor. It is then the responsibility of the applicant/owner and Building Surveyor to ensure that all buildings and development works approved by any building permit are consistent with the planning permit issued for the land.
Hoarding Permit – required if you need to block the road or footpath in order to undertake your works.
Footpath Activities Permit – required if you wish to conduct activity/business on the footpath (for example outdoor seating).
Asset Protection Permit - required for building or works conducted near any public assets such as drainage, footpaths, roads etc to ensure they do not get damaged in the process.
Vehicle Crossing Permit – required when constructing a new, or amending existing, vehicle crossing (driveways that cross the footpath).
Environmental Health Approvals – may be required to be registered with Council under relevant legislation relating to food safety or health acts.