Application (also known as Planning Application)

A planning application is defined in the Planning and Environment Act 1987 Part 4 – Permits, Division 1 – Permits required by planning schemes Section 47 as a set of requirements. The relevant portion of the Act appears below.

In a nutshell, a planning application must be submitted to the council (Responsible Authority) in accordance with regulations and include:

• • the estimated cost of the development;
  • the application fee;
  • the information requirements set out under the planning scheme (these are in the planning scheme and repeated in the VicSmart checklists as well as in this guide – things like photos and plans);
  • a copy of title (including certain encumbrances); and
  • a declaration, that the owner has been notified and that the contents of the application are true.

The VicSmart Guide assists in submitting an “applicaton” as set out in the Act. To summarise, these items have been underlined in the Act below.

Part 4 – Permits

Division 1 – Permits required by planning schemes

Section 47 Applications for permits. 

(1) If a planning scheme requires a permit to be obtained for a use or development of land or in any of the circumstances mentioned in section 6A(2) or for any combination of use, development and any of those circumstances, the application for the permit must—

(a) be made to the responsible authority in accordance with the regulations; and
(ab) if the permit is required to undertake development, state the estimated cost of the development for which the permit is required; and
(b) be accompanied by the prescribed fee; and
(c) be accompanied by the information required by the planning scheme; and
(d) if the land is burdened by a registered restrictive covenant, be accompanied by a copy of the covenant;
(e) if the application is for a permit to allow theremoval or variation of a registered restrictive covenant …

48 What if the applicant is not the owner?

(1) If the applicant is not the owner of the land for which the permit is needed, an application must—

(a) be signed by the owner of the land; or
(b) include a declaration by the applicant that the applicant has notified the owner about the application.

(2) A person must not obtain or attempt to obtain a permit by wilfully making or causing to be made any false representation or declaration either orally or in writing. Penalty: 60 penalty units.

 Derived from Planning and Environment Act 1987 by the State of Victoria