Amending a planning permit

Amending an approved planning permit under Section 72 of Planning and Environment Act 1987 requires an application to council. 

Changes that might be needed to a planning permit include what the permit allows, permit conditions or changes to the endorsed plans.

If the changes are considered minor, an applicant can request for the changes to be considered under the secondary consent process.  However, specific tests must be met in order to qualify for a secondary consent, including:

  • It doesn’t result in the transformation of the proposal.
  • It doesn’t introduce something where we require additional approval or assessment under the planning scheme.
  • It’s of no consequence having regard to the purpose of the assessment of planning controls after the granting of the original planning permit.
  • It’s not contrary to the wording, conditions or both on the planning permit.

Examples that might be considered under the secondary consent process include minor changes to building setbacks, dwelling design and/or materials and colours, or minor changes to building orientation. 

Council’s statutory planning team can advise an applicant or landowner whether the changes satisfy the secondary consent ‘tests’, or if the changes will require an amendment to the planning permit under Section 72.  Consideration will be given to whether the proposed changes may result in any impacts on neighbouring land or result in significant changes to the proposed use/development.  Public notification may also be required, depending upon the nature of the proposed changes and respective location of any adjoining uses/landowners.

The planning permit amendment form must be filled out, with specific details regarding the proposed changes, fully dimensioned plans and current title information.  Planning forms, fees and checklists

There are fees associated with a permit amendment or secondary consent, with fees information for amendments available here fees (planning.vic.gov.au).  The secondary consent fee is available in council’s fees and charges policy  planning fees and charges

An acknowledgement letter and invoice will be issued to the applicant following the receipt of the application by the statutory planning team, and usually within five business days.

Title information can be found on Landata

A permit amendment application or any queries regarding the amendment process can be made by email – moyne@moyne.vic.gov.au