Planning Permits and Applications
IMPLICATIONS OF THE PLANNING MINISTER’S GUIDELINES FOR PLANNING PERMIT APPLICATIONS IN OPEN, POTABLE WATER SUPPLY CATCHMENT AREAS ON SUBDIVISION AND RESIDENTIAL DEVELOPMENT WITHIN MANSFIELD SHIRE
For the past two years, Mansfield Shire Council has been lobbying the Minister for Planning, Minister for Water and Minister for Health to clarify restrictions on future residential development in declared special water supply catchment areas under the Ministerial Guidelines for Planning Permit Applications in Open, Potable Water Supply Catchment Areas (the Guidelines).
Mansfield Shire, along with Towong, Murrindindi and Hepburn Shires were involved in a recent major VCAT case (click here) to determine how the Guidelines were to be applied across the State. We wanted to ensure the consequences of any decision on the future growth of our Shires were considered.
In its decision, VCAT stated that protecting water quality is the overriding priority when considering planning permit applications within declared catchment areas. The Tribunal recognises that this will mean that in some areas residential development will be severely restricted.
How do you find out if the Guidelines affect your land or a property you want to buy?
We have prepared an Advice Note on the impacts of the Guidelines for your information. Please use the link to the right under Download Files to access a copy of the Advice Note and the Ministerial Guidelines.
Please remember that every property has its own particular circumstances and every planning permit application is different.
There are many different planning zones and requirements that apply to land throughout the Shire and we also have a number of different water supply catchments in our Shire, some of which are not affected by these Guidelines. This means there is no single, straightforward answer that applies to all land within the Shire.
Whilst we encourage you to seek your own professional advice, we strongly advise you to talk to one of Council’s Planners either on the phone by calling (03) 5775 8555, emailing through your query to council@mansfield.vic.gov.au, or by visiting the Planning Counter at the Shire office, 33 Highett Street, Mansfield. We can then give you advice that relates to your particular circumstance.
Please also be patient with us. We are receiving numerous enquiries every day about the impact of these Guidelines and we have to research every query thoroughly before we provide you with advice. We will get back to you as soon as we can but it may take a few days. There will also be instances where we need more information from you, including plans of what you are proposing, so that we can give you informed advice.
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Car Parking Reduction/ Waiver Planning Advice Note
To find out more please click here
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The New Bushfire Management Overlay (BMO)
The Bushfire Management Overlay (BMO) has been introduced to replace the Wildfire Management Overlay.
The provisions of the BMO ensure that development in areas that may be affected by bushfire can only take place after full consideration of bushfire issues including where the building is located on the site, emergency access and fire-fighting water supply. The BMO requires that new development implement appropriate bushfire protection measures. If risk to life and property from bushfire cannot be reduced to an acceptable level the development will not proceed.
The BMO includes a statutory provision in planning schemes and a map showing where the provisions apply to specific land. The requirements for development within a BMO are clearly specified in planning schemes.
A planning permit issued under the BMO will include a condition that requires the bushfire protection measures to be maintained.
To find out more about the BMO and for the Template Bushfire Management Statement document, click here
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What to submit with an application for a planning permit - Covering letter
- Application form
- Application fee
- Current copy of title (no older than 30 days)
- Site context plan, drawn to scale showing:
- Site shape, dimensions and size (two A3 copies)
- Existing and proposed buildings
- Distance between existing structures and to the nearest boundaries
- Access
- Orientation and slope
- Native vegetation, flora and fauna or any other biodiversity assets
- Natural physical features, including waterways, drainage lines and significant habitat and wildlife corridors
- Any other notable features or characteristics of the site or area, including features of architectural, historic or scientific significance or areas of natural scenic beauty or importance.
- Development plans, drawn to scale, (two A3 copies) including:
- floor and elevation plans
- schedule of external materials, colours and finishes
What are Planning Certificates?
Planning certificates are official documents issued under the authority of the Planning and Environment Act 1987. They are mainly used to satisfy the requirements of the Sale of Land Act 1962, under which the vendor of a property is required to provide details of the land zoning, and any overlay controls or exhibited proposed amendments to the planning scheme.
Do they show the planning controls and zoning over the land?
No. Planning certificates do not show the locations of zone boundaries and additional site specific controls that may apply. It is therefore important to contact the relevant local government and check the planning scheme ordinance regarding planning provisions and controls. All Victorian planning schemes may be viewed on Planning Schemes Online.
Who can apply for a Planning Certificate?
Any person can apply for a planning certificate. The Department of Planning and Community Development (DPCD) issues planning certificates for the following municipalities; we can now add Mansfield to the following list.
- Alpine Resorts
- Banyule
- Bayside
- Boroondara
- Brimbank
- Campaspe
- Cardinia
- Casey
- Darebin
- Frankston
- French Island
- Glen Eira
- Greater Dandenong
- Greater Shepparton
- Hobsons Bay
- Hume
- Kingston
- Knox
- Manningham
- Maribyrnong
- Maroondah
- Melbourne
- Melton
- Moira
- Monash
- Moonee Valley
- Moreland
- Nillumbik
- Port Phillip
- Stonnington
- Whitehorse
- Whittlesea
- Wyndham Yarra
Applications for planning certificates for land within other Councils in regional Victoria, should be made to the relevant local government. Certificates issued by DPCD can be obtained online using LANDATA® Titles, Property Certificates and Crown Land Status Reports.
How long does it take?
Delivered by email or by fax, the delivery of the Planning Certificate is effectively immediate once the submission and payment has been accepted.
How can I apply for a planning certificate online?
You can apply for a planning certificate over the Internet, by opening LANDATA® Titles, Property Certificates and Crown Land Status Reports and filling out a number of simple screens. All you need to supply are:
Either your contact details, or your login identification (if you are a registered user)
Information about the property or properties in question
Your credit card details for the purchase of the certificate or certificates.
You may also wish to supply an electronic copy of a plan or plans. Prepaid accounts are also available.
Where can I get more information? Further information about obtaining planning certificates is available by contacting the Land Information Centre.
Land Information Centre
Level 10 570 Bourke Street
Melbourne VIC 3000
Phone: (+61 3) 8636 2831
Further information is also available from
Department of Sustainability and Environment website