Planning permit applications - information for applicants

Proponents are encouraged to familiarise themselves with the planning process before commencing their application.

Chapter 3 of Using Victoria’s Planning System is a good starting point for permit applicants.

4.1 The planning permit application process

Section 4.2 of these guidelines provides further details about preparing a planning permit application.

Proponents should also determine if any other parts of the proposal trigger the need for planning permit approval, such as off-site works or native vegetation removal, including removal of vegetation along roads away from the site to enable delivery of oversized turbine components.
Planning scheme zoning and overlay information for any location in Victoria can be obtained from the Browse Planning Schemes page at planning.vic.gov.au.

4.1.1 Pre-application consultation with community, stakeholders and the Department of Transport and Planning (DTP)

Pre-application consultation with DTP and other stakeholders is encouraged. It provides an opportunity for information gathering and exchange. Proponents should also consider engaging with the community where the wind energy facility is proposed.
At a pre-application meeting, you can discuss:

• the planning application process
• the EES process
• the EPBC process, and
• information requirements for fauna (including avifauna and bats) and native vegetation removal.

Proponents can meet with DTP planning and other government agencies to discuss their application at the pre-application stage.
Requests for a pre-application meeting should be made using the ‘Request a pre-application meeting’ tool available on the wind energy facility page.

The development of a community and stakeholder communications and consultation plan is highly recommended, as it will help drive an effective and efficient consultative program. Proponents are encouraged to engage early with the Traditional Owners where the project is proposed.

Pre-application consultation is not a formal statutory requirement of the planning process; however, effective pre-application consultation benefits proponents and other stakeholders. After a planning permit application is lodged, there are statutory requirements to notify the public of a proposal.

Pre-application consultation allows the proponent to identify and understand any concerns of the community and stakeholders while obtaining information and feedback on existing conditions and potential issues to address before lodging the planning permit application. Early consultation will assist in developing a well-conceived proposal and contribute to an efficient assessment process.

Some principles to guide consultation include:

• start early
• ensure the consultation is well-planned
• provide suitable opportunities for input by stakeholders, and
• communicate effectively by:
  • listening to what stakeholders and the public have to say
  • listening to what the local council, the DTP and other agencies have to say
  • providing sufficient information to enable stakeholders to make a valuable contribution
  • providing briefings on progress and further information on request
  • being prepared to make improvements/changes to the proposal in response to stakeholder inputs, and
  • monitoring stakeholder involvement and inputs to refine and better target the consultation.

See also: Community Engagement and Benefit Sharing in Renewable Energy Developments – A Guide for Renewable Energy Developers (DELWP, 2021)

4.1.2 Lodgement and processing of planning permit applications

All applicants are encouraged to engage a suitably qualified and experienced planning consultant with experience in Victoria’s planning system to prepare and lodge their planning permit application.

A planning permit application must be lodged with the responsible authority, via the DTP Development Approvals and Design, Renewables Team.

An application will not proceed until the proponent provides all the required information. A planning application must include sufficient information and explanation to allow the responsible authority to make a sound and timely decision. Clauses 52.32-3 and 52.32-4 contain details of information that must be submitted with an application. Your application must also address additional requirements in other parts of the planning scheme. A pre-application meeting will assist in understanding what information is required.

These guidelines assist proponents in designing and siting proposed wind energy facilities and preparing planning permit applications.
When all the relevant information has been received and is deemed satisfactory, the responsible authority will proceed with the public notice and referral requirements. Upon completion of notice and referral, the responsible authority will determine the application.

More information on the planning system and process can be found in the following documents available at planning.vic.gov.au:

• Using Victoria's planning system
• A Practitioner's Guide to Victorian Planning Schemes

4.1.3 Responsible authority Decisions

The Minister for Planning may decide to grant a permit, refuse to grant a permit, or, where objections have been received, issue a notice of decision to grant a permit, allowing objectors to lodge an  application for review at VCAT.

When drafting a permit, a responsible authority must comply with Form 4 of the Planning and Environment Regulations 2015. Model conditions for permits for wind energy facilities are available on the wind energy facility page.

If a permit is granted or notice of decision issued for a wind energy facility, it will typically be subject to conditions relating to environmental management, decommissioning and rehabilitation requirements, among other things.

If a permit application is called in by the Minister for Planning and is issued under Division 6 of the Planning and Environment Act 1987, the Minister’s decision is final and cannot be reviewed by VCAT.

4.2 Preparing a planning permit application, or application to amend a permit

4.2.1 Pre-application discussions

Research the planning controls and then talk to the responsible authority regarding the following:

• the relevant State and local planning policies, guidelines and other planning scheme requirements that apply to the proposal
• the requirements of any referral authorities or other agencies that may have an interest or be affected by the proposal
• scheduling a pre-application meeting (refer to Section 4.1.1 of these guidelines).

In addition, you should contact the Australian Energy Market Operator for early advice about grid connection matters.

4.2.2 Seek expert advice

It is strongly encouraged that proponents engage a town planning consultant to manage their application.

An application should be accompanied by a planning assessment detailing how the project performs against the requirements of the planning scheme. It should also include an assessment of the ecological, visual, noise, traffic, aviation and other environmental impacts of the proposal prepared by suitably qualified persons.

Expert advice on these matters should be sought early to inform the site selection process and prepare the site analysis and design response. The assessments submitted with the application should clearly state the facts, matters and all assumptions on which the assessments were based.

4.2.3 Prepare the site analysis

A site analysis is an assessment of the subject site and its surrounds. It will comprise a plan, photographs or other suitable information describing the land and the matters that influence the proposal.

The information requirements for a site analysis for a wind energy facility are set out in clause 52.32 and Section 4.3.2 of these guidelines. If the land is also to be used for other purposes, such as agriculture, the site analysis should include this information.

4.3 Meeting application requirements

Clause 52.32 of the VPP outlines information that must accompany an application for a permit for a wind energy facility.

The following assists applicants on matters that should be addressed to meet these information requirements. The level of information required to be provided by proponents will vary depending on the size and extent of the proposal and the requirements of the responsible authority and any referral authorities.

4.3.1 Turbines within one kilometre of a dwelling

Evidence of written consent

Where an application includes a turbine or turbines within one kilometre of an existing dwelling, the application must include evidence of written consent of the owner of each dwelling within one kilometre of a turbine.

An application is prohibited if the written consent of dwelling owners within one kilometre is not provided.

The application requirements in clause 52.32-3 require a planning permit application to include:

• a plan showing all dwellings within one kilometre of a proposed turbine* that forms part of the wind energy facility (*see note in Section 2.1.4)
• evidence of the written consent of the owner of any existing dwelling located within one kilometre of a proposed turbine* that forms part of the wind energy facility (*see note in Section 2.1.4).
  This does not apply to a wind energy facility that is located on land in a residential zone, an industrial zone, a commercial zone or a special purpose zone.

Evidence of written consent should include the following:

• a statement of consent that includes
  • the name and address of the owner(s) of the dwelling
  • the address of, and title particulars for, the land on which the dwelling is located
  • a statement that the owner consents to an application that includes a turbine(s) located as shown on the attached plan.
• a plan showing:
  • the dwelling
  • the proposed location of the turbine(s) * within one kilometre of the dwelling (*see note in Section 2.1.4)
  • the distance between the dwelling and the proposed turbine(s) * (*see note in Section 2.1.4).

The location of the turbine(s) can be a specific site or a more general area in which the turbine(s) will be sited.

The plan should be able to be read and reconciled with the plans of the wind energy facility that form part of the application (including the plan showing all dwellings within two kilometres of a proposed turbine that forms part of the wind energy facility and a list of the distances of these dwellings to the nearest turbine).

The statement of consent attached to the plan should both be signed and dated by the owner of the dwelling.

Attachment A can be used as a statement of consent.

Applications to amend a planning permit

Often, any amendment to a permit for a wind energy facility requires the consent of a dwelling owner where turbines are within one kilometre of a dwelling. Clause 52.32-3 enables amendments to a planning permit under section 72 or 97I of the P&E Act to be considered by the responsible authority without needing a dwelling owner’s consent where turbines are within one kilometre of a dwelling, in certain circumstances.

To be exempt from dwelling owner consent, the following requirements apply to an application to amend a planning permit:

• it does not increase the number of proposed turbines, or
• it does not change the location of a turbine so that the centre of the tower (at ground level) is located closer to an existing dwelling (within one kilometre of a permitted turbine) than the centre of the tower (at ground level) of the closest permitted turbine to that dwelling.

Proposals to amend a planning permit will be required to meet the relevant application requirements (refer to section 4.3) and are subject to the notice requirements of section 52 of the Planning and Environment Act 1987.

Refer to Section 6 of these guidelines to determine who is the responsible authority for an amendment to an existing permit.

4.3.2 Application requirements for a wind energy facility

Clause 52.32-4, Application requirements requires the submission of information with an application including:

• a site and context analysis
• design response, and
• a mandatory predictive noise assessment.

Site and context analysis

A site and context analysis is an application requirement of the planning scheme. The site and context analysis may include a site plan, photographs or other techniques to describe the following accurately:

• in relation to the site:
  • site shape, dimensions and size
  • orientation and contours
  • current land use
  • the existing use and siting of existing buildings or works on the land
  • existing vegetation types, condition and coverage
  • the landscape of the site
  • species of flora and fauna listed under the FFG Act and the EPBC Act
  • sites of cultural heritage significance
  • wind characteristics
  • any other notable features, constraints (for example acid sulphate soil, highly erodible soils and land instability) or other site characteristics.
• in relation to the surrounding area:
  • existing land uses
  • above-ground utilities
  • access to infrastructure
  • direction and distances to nearby dwellings, townships, urban areas, significant conservation and recreation areas, water features, tourist routes and walking tracks, major roads, airports, aerodromes and existing and proposed wind energy facilities
  • the siting and use of buildings on adjacent properties
  • the location of all existing dwellings within one kilometre of the nearest turbine measured from the centre of the tower at ground level (adopting a precautionary approach, accounting for micro-siting variation in final placement of turbines). Where the proposal includes any turbines within one kilometre of an existing dwelling, the application must be accompanied by evidence of the written consent of the owner of the dwelling. The application is prohibited under the planning scheme where evidence of the written consent is not provided
  • the landscape, including any significant landscape features
  • views to and from the site, including views from existing dwellings and key vantage points, including major roads, walking tracks, tourist routes and regional population growth corridors
  • sites of flora and fauna listed under the FFG and EPBC Acts, including significant habitat corridors, and movement corridors for these fauna
  • sites of cultural heritage significance
  • National Parks, State Parks, Coastal Reserves and other land subject to the National Parks Act 1975
  • land declared a Ramsar wetland as defined under section 17 of the EPBC Act
  • location of any nearby land included in the schedule to clause 52.32-2 of the planning scheme (that is, specified areas of landscape and environmental significance, specified coastal locations and areas identified to accommodate future population growth of regional cities and centres) showing that the setback requirements are met
  • any other notable features or characteristics of the area
  • bushfire risks.

A location plan showing the area around the site, including:

• local electricity grid (including capacity)
• access roads to the site.

Design response

A development plan comprising:

• detailed plans of the proposed development showing:
  • the layout of the wind turbine generators and associated buildings and works (this can include anemometers)
  • GIS coordinates showing the location of each turbine and key infrastructure
  • distances from each turbine to the closest dwelling and to the site boundary
  • location of all houses within one and two kilometres of a turbine
  • the location and dimensions of all buildings and works
  • the location of all vegetation removal
  • proposed connections to the electricity grid, including the infrastructure required to connect the facility to the electricity network
  • access roads on the site
  • access road options and swept path diagrams that demonstrate that oversize vehicles can access the site, and the impact on roadside vegetation
  • accurate visual simulations showing the appearance of the development in the context of the surrounding area and from key public viewpoints
  • measures to manage any fire risks associated with the facility or connections to the electricity grid
  • a rehabilitation plan for the site, including plans for revegetation and regeneration works.

Written reports

Written reports including:

• A description of the proposal
• An explanation of how the proposed design derives from and responds to the site analysis
• A description of how the proposal responds to any significant landscape features for the area identified in the planning scheme

An assessment of:

• the visual impact of the proposal on the surrounding landscape
  • the visual impact on abutting land that is described in a schedule to the National Parks Act 1975 and Ramsar wetlands and coastal areas
  • the impact of the proposal on any species (including birds and bats) listed under the FFG Act or EPBC Act
  • the impacts upon Aboriginal or non-Aboriginal cultural heritage.
• A statement of why the site is suitable for the wind energy facility
• An environmental management plan, including any rehabilitation and monitoring requirements
• A pre-construction (predictive) noise assessment report prepared by a suitably qualified and experienced acoustician that:
  • reports on a pre-construction (predictive) noise assessment conducted following New Zealand Standard NZS6808:2010, Acoustics – Wind Farm Noise
  • provides an assessment of whether the proposed wind energy facility will comply with the noise limit for that facility
  • where the proposed wind energy facility will be the subject of a wind turbine noise agreement under the Environment Protection Regulations 2021, specifies the premises of the relevant landowner (including any particular buildings) to which the agreement relates and provides an assessment of whether the proposed wind energy facility will comply with the modified noise limit for that facility specified in the agreement
  • is prepared on the basis that the relevant noise standard will be the New Zealand Standard NZS6808:2010, Acoustics – Wind Farm Noise and includes an assessment of whether a high amenity noise limit is applicable under Section 5.3 of the standard.
• A report prepared by an environmental auditor appointed under Part 8.3 of the Environment Protection Act 2017 that verifies whether or not the pre-construction (predictive) noise assessment was conducted under New Zealand Standard NZS6808:2010, Acoustics – Wind Farm Noise

4.3.3 Flora and fauna impacts assessment

In the first instance, proponents should contact DTP's Development Approvals and Design, Renewables team or the Commonwealth Department of Environment directly for advice on who to approach regarding whether the proposed wind energy facility may impact species of flora or fauna protected under the FFG Act or the EPBC Act.

Where it is reasonably likely that species listed under the FFG Act or the EPBC Act will be present on or near the site, or using the site as a migratory corridor, applicants for a wind energy facility permit should conduct surveys at the appropriate time for at least 12 months preceding the planning permit application. DTP or the Commonwealth Department of Environment (as appropriate) should be consulted on the timing of the surveys. Survey work should determine the species present, any potential adverse impacts likely to arise from the proposed wind energy facility, and any appropriate mitigation measures.

Information on the EPBC Act can be found at dcceew.gov.au.

Potential biodiversity impacts

Possible impacts of a wind energy facility on biodiversity can be considered under six categories set out below. Responsible authorities should consider the following matters in assessing applications and developing permit conditions:

Direct removal of native vegetation and habitat

• May arise for turbine tower footings, tracks and other infrastructure.
• May be minimised by layout design and micro-siting.
• Address unavoidable losses under Victoria’s Native Vegetation Framework.

Native fauna casualties resulting from construction activities

• Site induction to minimise risks to wildlife onsite.
• Minimise risks to wildlife arising from excavation works.

Bird and bat casualties resulting from collisions with moving turbine blades

• Site selection rotor swept area size, ground clearance of the rotor and turbine layout will impact on risk level, especially for large, slow-flying birds (for example, waterbirds, raptors).
• Aside from direct collision, bats can be killed by barotraumas (lung injury) created by rapid air-pressure reduction near moving turbine blades.
• Some bird and bat species may require special consideration due to significance, behaviour or movement patterns.

Bird and bat casualties resulting from collisions with stationary infrastructure (for example, towers, anemometers, fences, powerlines)

• Lighting may disorient birds at night, increasing collision risk.
• Fences, wires and transmission lines can be difficult for many species to avoid, resulting in fatalities.
• Transmission lines pose a well-documented hazard for many species of large birds.

Indirect habitat loss resulting from avoidance

• Some species may avoid turbines by large margins, leading to loss of access to adjacent habitat.
• Different avoidance distances may apply to different species or to particular species at different seasons.

Cumulative barrier effects

• Migratory or otherwise mobile species may require turbine-free corridors to travel between critical sites (for example, breeding and non-breeding habitats).
• Corridor needs may vary according to relevant species.

In evaluating wind energy facility impacts on birds and bats, including cumulative impacts of several discrete wind energy developments within a broad area, it is important to place the collision risks inherent in wind energy facilities in context with other anthropogenic collision risks such as fences, windows and motor vehicles. However, potential impacts of specific developments should still be identified, quantified, minimised, and, where necessary, offset to ensure that the net impact of wind energy facility developments on biodiversity values, especially regarding threatened species, is, at worst, neutral.

4.3.4 Environmental Management Plan

The preparation of an Environmental Management Plan (EMP) will be required. An environmental management plan details how the site will be managed through construction and sets out future operational and maintenance requirements. It may include:

• measures to minimise the amenity and environmental impacts of the construction and decommissioning of the facility
• organisational responsibilities and procedures for staff training and communication
• a construction component that includes procedures to manage dust and noise emissions, erosion, mud and stormwater run-off and procedures to remove temporary works, plant, equipment, buildings and staging areas and reinstate the affected parts of the site, when construction is complete
• complaints management processes.

4.3.5 Aircraft safety issues

The height of wind energy turbines can be substantial, resulting in potential impacts on nearby airfields and air safety navigation. Applicants should address aircraft safety issues by considering the site’s proximity to airports, aerodromes, or landing strips.

Applicants should consult with the Civil Aviation Safety Authority (CASA) for wind energy facility proposals that:

• are within 30 kilometres of a declared aerodrome or airfield
• infringe the obstacle limitation surface around a declared aerodrome
• include a building or structure that the top of which will be 110 metres or more above natural ground level (the height of a wind turbine is determined by the tip of the turbine blade when vertically above ground level).

Early engagement with aviation safety organisations like CASA is encouraged as aviation safety is a complex area of wind energy facility assessment.

In addition to CASA consultation, the following is relevant for anemometers and other pre-permit infrastructure.
The Aeronautical Information Service of the Royal Australian Air Force (RAAF AIS) maintains a database of tall structures in the country. The RAAF AIS should be notified of all tall structures meeting the following criteria:

• 30 metres or more above ground level for structures within 30km of an aerodrome, or
• 45 metres or more above ground level for structures located elsewhere.

The contact details for the RAAF AIS are: tel: (03) 9282 5750 or ais.charting@defence.gov.au.

Operators of certified aerodromes are required to notify CASA if they become aware of any development or proposed construction near the aerodrome that is likely to create an obstacle to aviation, or if an object will infringe the Obstacle Limitation Surfaces (OLS) or Procedures for Air Navigation Services –Operations (PANS-OPS) surfaces of an aerodrome. Operators of registered aerodromes should advise CASA if the proposal will infringe the OLS; CASA will ask Airservices to determine if there is an impact on published flight procedures for the aerodrome.
More information can be found on the aviation safety page at infrastructure.gov.au.

4.4 Application to amend a planning permit

An application to amend a planning permit must be lodged with the responsible authority, usually the Minister for Planning. Refer to Section 6.1 of these guidelines regarding who is the responsible authority.

4.4.1 Applications to amend a permit under section 72 of the P&E Act

Clause 52.32-7 specifies that an application to amend a planning permit made under section 72 of the P&E Act is exempt from the review rights of the P&E Act (decision requirements of section 64(1), (2) and (3) and review rights of section 82(1) if the amendment of the permit does not:

• increase the number of turbines, or
• change the location of a turbine so that the centre of the tower (at ground level) is located closer to an existing dwelling (within one kilometre of a permitted turbine) than the centre of the tower (at ground level) of the closest permitted turbine to that dwelling.

4.4.2 Applications to amend a permit under section 97I of the P&E Act

This section relates to amending referred wind energy facility planning permits, known as ‘called in’ planning permits.
Clause 52.32-8 specifies that an application to amend a permit under 97I of the P&E Act is exempt from being referred to a planning panel (section 97E(1)) if the application does not seek to:

• increase the total number of turbines, or
• increase the maximum height of any turbine, or
• change the location of a turbine so that the centre of the tower (at ground level) is located closer to an existing dwelling (within one kilometre of a permitted turbine) than the centre of the tower (at ground level) of the closest permitted turbine to that dwelling.
  
  Clause 52.32-8 also specifies that the requirements of section 97E(1) of the P&E Act are modified to require referral of objections and submissions to an advisory committee established under section 151 of the P&E Act if an application to amend a permit does not seek to:
• increase the total number of turbines by more than 15 per cent, or
• increase the maximum height of any turbine by more than 20 per cent, or
• change the location of a turbine so that the centre of the tower (at ground level) is located closer to an existing dwelling (within one kilometre of a permitted turbine) than the centre of the tower (at ground level) of the closest permitted turbine to that dwelling.

4.4.3 Applications to amend a permit to remove operational noise conditions

If the above requirements in clause 52.32-7 are met, an application to amend a permit to remove conditions relating to WEF operational noise will be exempt from notice and review. With the introduction of the new regulations, it is open to wind farm permit holders to apply to amend their existing permits to remove these conditions. Applications to amend permits will be referred to the EPA for comment

Page last updated: 13/09/23