What is Planning?
Planning guides our actions. The decisions we make affect what happens 'on the ground'. We shape the future of our area by managing:
- Development
- Subdivision
- Infrastructure and services
- Community needs
- Cultural heritage
- Economic sustainability.
We use planning to balance built and natural environments, to improve quality of life, and create vibrant communities.
Planning Laws
The Planning and Environment Act 1987 sets out the operational requirements of the Victorian Planning system. This Act is framework for planning use, development and protection of Victoria’s land. It contains procedures for:
- Obtaining permits under relevant council planning schemes
- Preparing and amending the Victoria Planning Provisions and planning schemes
- Enforcing compliance with the planning scheme
- Settling disputes and other administrative procedures.
The Subdivision Act 1988 sets out the requirements for the approval of subdivisions. The Act outlines the procedure for the subdivision and consolidation of land (including buildings and airspace). It also contains procedures for the:
- Creation, variation, or removal of easements or restrictions
- Creation and dealings of common property
- ‘Certification process’
- Registration of plans at the Titles Office.
Planning Schemes
Each local government in Victoria has its own planning scheme. We administer the Brimbank Planning Scheme, which contains the Municipal Strategic Statement (MSS) at clauses 21.00 – 21.11.
To view the Municipal Strategic Statement download the Brimbank Planning Scheme. The link for the Municipal Strategic Statement is on page 141.
Our scheme provides a framework for decisions about the use and development of land in our area. It also provides for the implementation of local policies – as well as at state and regional level.
What is a Planning Permit?
A planning permit is a legal document that lets you use land (i.e. shops, offices, warehouses, medical centres), or develop land (i.e. new buildings, units, extensions, subdivisions, signage). It includes plans, drawings or other approved documents.
Do I need a Planning Permit?
You will need a Planning Permit to:
- Build a house on your land if your block is less than 300 square metres
- Build units on your land (more than one house on the block)
- Subdivide your land
- Build/extend an Industrial or Commercial building
- Demolish a building (including a house) if it's within a Heritage Area
- Construct or extend a building or carry out other works (i.e.: building a fence) if it’s within a Heritage Area
- Remove or vary a covenant/restriction from your Land Title
- Remove or vary an easement on your Land Title/ Plan of Subdivision.
If you require a planning permit for development you must engage a Draftsman/Architect and for Subdivision, a Land Surveyor, to draw plans based on your proposal. Council isn't able to recommend any companies that undertake this type of work. This will be at your discretion.
You may need a planning permit to:
- Use land in a certain way or change the use of a property
- Carry out a business from home
- Display or erect signage on your land or building
- Build, extend, or carry out works to a house or building if it’s within a prescribed overlay
- Seek a reduction to the required car parking rates within the Brimbank Planning Scheme
- Sell liquor from your premise.
If you think you may need a planning permit and want to confirm this -
- Use our online Planning Advice Application Form; or
- Call: (03) 9249 4000
- Email: info@brimbank.vic.gov.au
- Visit: Brimbank Community and Civic Centre, 301 Hampshire Road, Sunshine
What is the difference between Planning and Building Permits?
They’re governed by different laws and regulations. Depending on what you want to do, you may need a Planning Permit, a Building Permit, or both.
Nearly every type of building works (i.e. extensions, houses, fences, sheds, decks, water tanks) requires a building permit, unless it’s specifically exempt under building regulations.
Our Building and Applying for a Building Permit pages have more information.