Find out about VicSmart permits for low impact, straightforward planning applications.
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Guide
current
Published:
Last updated:
ISBN:
978-1-922250-20-9
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VicSmart is a simple and fast planning permit process for straightforward applications.
This guide includes advice on:
whether your application qualifies for a VicSmart assessment
how to prepare and lodge a VicSmart application
information you must submit with your application.
Key features of VicSmart include:
a 10 day permit process
applications are not advertised
information to be submitted with an application and what council can consider is pre-set
the Chief Executive Officer of the council or delegate decides the application.
VicSmart application eligibility
There are 3 prerequisites for an application to be eligible as a VicSmart application.
1. Permit requirements must be a VicSmart class of application
To be classed as a VicSmart application the proposal must be listed in the Vic Smart classes of application below, meet all the criteria and be located in the specified zone, overlay or particular provision.
A proposal could have more than one requirement for a permit and may fall into more than one class of VicSmart application. The permit requirements should be identified and then be checked against the classes of application.
All the requirements for a permit must be listed as a VicSmart application. If the application requires a permit under a provision of the planning scheme that is not listed as a VicSmart application, it is not a VicSmart application.
A council planning officer can advise you what permit requirements apply to your proposal, and whether they are all classed as VicSmart. Council may have additional application classes listed in their planning scheme that can apply locally. Check with your council for local VicSmart classes.
2. Permit issued must not breach a registered restrictive covenant
An application where a permit would breach a registered restrictive covenant is excluded from being a VicSmart application.
3. Referral authority approval must be obtained before lodging
If a referral is required under Clause 66 of the planning scheme, the written consent of the referral authority must be lodged with the application.
The written consent must not be more than 3 months old.
If you do not obtain this consent or the referral authority objects, the application cannot be a VicSmart application and you must apply through the regular permit application process.
VicSmart classes of application
To qualify for the VicSmart permit process your proposal must:
be one of the application types in the list below
meet the criteria listed
be located in the zone or overlay listed.
Select a category to view application types, zones and overlays and criteria.
Type of application
Subdivide land to realign the common boundary between two lots.
Criteria (all must be met)
The area of either lot is reduced by less than 15 per cent
The general direction of thecommon boundary does not change
If the land is in a rural zone, each new lot is at least the area specified for the land in the zone or the schedule to the zone.
Where this applies
All residential zones
All industrial zones
All commercial zones
All rural zones
Special Use Zone
Comprehensive Development Zone
Capital City Zone
Docklands Zone
Priority Development Zone
Activity Centre Zone
Environmental Significance Overlay
Special Building Overlay
Heritage Overlay
Design and Development Overlay
Type of application
Subdivide land into lots each containing an existing building or car parking space.
Criteria (all must be met)
The buildings or car parking spaces have been constructed in accordance with the provisions of the planning scheme or a permit issued under the scheme
An occupancy permit or a certificate of final inspection has been issued under the Building Regulations in relation to the buildings within five years prior to the application for a permit for subdivision.
Where this applies
All residential zones except the Low Density Residential Zone
All industrial zones
All commercial zones
Special Use Zone
Comprehensive Development Zone
Capital City Zone
Docklands Zone
Priority Development Zone
Activity Centre Zone
Environmental Significance Overlay
Special Building Overlay
Heritage Overlay
Design and Development Overlay
Type of application
Subdivide land with an approved development into 2 lots.
Criteria (all must be met)
The construction of a building or the construction or carrying out of works on the land has been approved under the planning scheme or by a permit issued under the scheme and the permit has not expired
The construction or carrying out of the approved building or works on the land has lawfully started
The subdivision does not create a vacant lot.
Where this applies
All residential zones except the Low Density Residential Zone
All industrial zones
All commercial zones
Special Use Zone
Comprehensive Development Zone
Capital City Zone
Docklands Zone
Priority Development Zone
Activity Centre Zone
Environmental Significance Overlay
Special Building Overlay
Heritage Overlay
Design and Development Overlay
Type of application
Subdivide land into two lots in a rural zone.
Criteria (all must be met)
Each new lot is at least the area specified for the land in the zone or the schedule to the zone.
Where this applies
All rural zones.
Type of application
Construct a dwelling on a lot less than 300 square metres.
Criteria (all must be met)
The development meets the following standards of Clause 54:
A3 Street setback
A10 Side and rear setbacks
A11 Walls on boundaries
A12 Daylight to existing windows
A13 North facing window
A14 Overshadowing open space
A15 Overlooking.
Where this applies
Mixed Use Zone
Township Zone
Residential Growth Zone
General Residential Zone
Neighbourhood Residential Zone
Type of application
Construct or extend a front fence within 3 metres of a street if the fence is associated with one dwelling on a lot less than 300 square metres.
Criteria (all must be met)
None
Where this applies
Mixed Use Zone
Township Zone
Residential Growth Zone
General Residential Zone
Neighbourhood Residential Zone.
Type of application
Construct a building or construct or carry out works (except in residential and rural zones.
Criteria (all must be met)
The estimated cost does not exceed:
$1,000,000 in an industrial zone, or
$500,000 in other applicable zones
The land is not within 30 metres of land (not a road) which is in a residential zone – does not apply in a Capital City Zone or Docklands Zone
Is not for a purpose listed in the table to Clause 53.10 in the planning scheme
Is not for a Brothel or Adult sex bookshop – this does not apply in a special purpose zone.
Where this applies
All industrial zones
All commercial zones
Special Use Zone
Comprehensive Development Zone
Capital City Zone
Docklands Zone
Priority Development Zone
Activity Centre Zone
Type of application
Construct a building or construct or carry out works in residential zones.
Criteria (all must be met)
The estimated cost does not exceed $100,000 and
The development is not associated with dwelling and
The development complies with the following standards of Clause 54:
A10 Side and rear setbacks
A11 Walls on boundaries
A12 Daylight to existing windows
A13 North facing windows
A14 Overshadowing open space
A15 Overlooking.
Where this applies
Clause 32.03-4
Clause 32.04-8
Clause 32.05-9
Clause 32.07-7
Clause 32.08-8
Clause 32.09-8
Type of application
Construct a building or construct or carry out works up to $250,000 in some rural zones.
Criteria (all must be met)
The land is not within 30 metres of land (not a road) which is in a residential zone
The land is not used for Animal keeping, Intensive animal husbandry or Rural industry
The works are not earthworks specified in the schedule to the zone.
Where this applies
Rural Living Zone
Green Wedge Zone
Green Wedge A Zone
Rural Conservation Zone
Type of application
Construct a building or construct or carry out works up to $500,000 in some rural zones.
Criteria (all must be met)
The works are not earthworks specified in the schedule to the zone
For buildings and works associated with a Section 2 use the land is not:
used for animal keeping, intensive animal husbandry or rural industry
within 30 metres of land (not a road) which is in a residential zone.
Where this applies
Farming Zone
Rural Activity Zone
Type of application
Construct a building or construct or carry out works for a carport, garage, pergola, verandah, deck, shed or similar structure.
Construct a building or construct or carry out works for a rainwater tank.
Criteria (all must be met)
The buildings and works must be associated with a dwelling
For applications under the Salinity Management Overlay, the consent of the referral authority.
Where this applies
Environmental Significance Overlay
Significant Landscape Overlay
Erosion Management Overlay
Salinity Management Overlay
Type of application
Construct a fence in an overlay.
Criteria (all must be met)
None
Where this applies
Environmental Significance Overlay
Significant Landscape Overlay
Design and Development Overlay
Erosion Management Overlay
Type of application
Remove, destroy or lop one tree.
Criteria (all must be met)
None
Where this applies
Environmental Significance Overlay
Vegetation Protection Overlay
Significant Landscape Overlay
Neighbourhood Character Overlay
Type of application
Demolish or remove an outbuilding, including a carport, garage, pergola, verandah, deck, shed or similar structure.
Criteria (all must be met)
The outbuilding to be demolished or removed is not identified in the schedule to the overlay.
Where this applies
Heritage overlay
Type of application
Demolish or remove a fence.
Criteria (all must be met)
The fence to be demolished or removed is not identified in the schedule to the overlay.
Where this applies
Heritage overlay
Type of application
Externally alter a non-contributory building.
Criteria (all must be met)
The building is a non-contributory building.
Where this applies
Heritage overlay
Type of application
External painting
Construct a fence
Construct a carport, garage, pergola, verandah, deck, shed or similar structure
Construct and install domestic services normal to a dwelling
Construct and install a non-domestic disabled access ramp
Construct a vehicle cross-over
Construct a domestic swimming pool or spa and associated mechanical equipment and safety fencing
Construct a rainwater tank
Construct or display a sign
Lop a tree
Construct or install a solar energy facility attached to a dwelling
Construct and install an electric vehicle charging station
Construct and install services normal to a building other than a dwelling, including chimneys, flues, skylights, heating and cooling systems, hot water systems, security systems and cameras, downpipes, window shading devices, or similar.
Criteria (all must be met)
None.
Where this applies
Heritage overlay
Type of application
Construct a building or construct or carry out works for a carport, garage, pergola, verandah, deck, shed or similar structure.
Construct a building or construct or carry out works for an outdoor swimming pool.
Criteria (all must be met)
The buildings and works must be associated with a dwelling.
Where this applies
Design and development overlay
Type of application
Construct a building or construct or carry out works up to $500,000.
Criteria (all must be met)
Must be in a commercial zone or a Special Use, Comprehensive Development, Capital City, Docklands, Priority Development or Activity Centre Zone.
Where this applies
Design and development overlay
Type of application
Construct a building or construct or carry out works up to $1,000,000.
Criteria (all must be met)
Must be in an industrial zone.
Where this applies
Design and development overlay
Type of application
Construct a building or construct or carry out works for:
a carport, garage, pergola, verandah, deck, shed or similar structure.
an outdoor domestic swimming pool or spa and associated mechanical equipment and safety fencing.
a rainwater tank.
Criteria (all must be met)
The buildings and works must be associated with a dwelling.
Where this applies
Neighbourhood character overlay
Type of application
Construct, demolish or remove a fence.
Criteria (all must be met)
None.
Where this applies
Neighbourhood character overlay
Type of application
Demolish or remove an outbuilding, including a carport, garage, pergola, verandah, deck, shed or similar structure.
Criteria (all must be met)
None.
Where this applies
Neighbourhood character overlay
Type of application
Construct a building or construct or carry out works.
Criteria (all must be met)
Consent of referral authority.
Where this applies
Special building overlay
Type of application
Display a sign.
Criteria (all must be met)
The sign is not within 30 metres of land (not a road) which is in a residential zone
The sign is not a pole sign, sky sign, reflective sign, internally illuminated, floodlit, electronic or animated
The total display size of the sign does not exceed 10 square metres.
Where this applies
All industrial zones
All commercial zones
Special Use Zone
Comprehensive Development Zone
Capital City Zone
Docklands Zone
Priority Development Zone
Activity Centre Zone
Type of application
Reduce the required number of car parking spaces.
Criteria (all must be met)
By no more than 10 car spaces.
Where this applies
All zones
Parking overlay
The VicSmart permit process
The VicSmart process involves 4 simple steps:
PREPARE – check the planning scheme, discuss your proposal with council, pick up checklists and any other information.
SUBMIT – submit the application to the council with all the required information.
ASSESS – council assesses the application against pre-set criteria.
DECISION – council approves or refuses the application within 10 business days.
You can use VicSmart to apply for:
minor subdivision
minor buildings and works
tree removal and lopping
small advertising signs
car parking reductions.
You can include one or more proposals in an application.
Prepare
Before preparing and lodging an application, discuss your proposal with a council planning officer.
A planning officer can advise on:
whether you need a planning permit and why
whether you can apply under VicSmart
the nature and amount of supporting information you need to submit with your application
the relevant planning controls
whether the consent of a referral authority will be required.
Your council may have other information and checklists that will help you prepare the application. A discussion will help you to include all the right information with your application.
Include the right information
To enable a council officer to decide an application in 10 business days you must submit all required information when lodging the application. Information to be submitted with a VicSmart application is listed in the planning scheme.
A council officer may waive or reduce the required information if they can assess the application without the information. The council officer cannot ask for more information than the planning scheme requires.
There are 14 checklists summarising the different information requirements for each type of VicSmart application. If your proposal falls into more than one VicSmart class of application you will need to complete all the relevant checklists.
If your application requires referral authority approval, you must obtain the written consent of the referral authority before lodging the application.
The checklists are also available from your council.
Checklist 1: Realign a boundary between two lots
Checklist 2: Subdivide land into lots each containing an existing building or car parking space
Checklist 3: Subdivide land with an approved development into two lots
Checklist 4: Construct a front fence in a residential zone
Checklist 5: Construct a building or works except in a rural zone
Checklist 6: Construct a building or works in an overlay
Checklist 7: Remove, destroy or lop one tree
Checklist 8: Minor subdivision, minor buildings and works, painting or tree lopping in a Heritage Overlay
Checklist 9: Minor subdivision or buildings and works in a Special Building Overlay
Checklist 10: Display a sign in a commercial, industrial or special purpose zone
Checklist 11: Reduce a car parking requirement
Checklist 12: Two lot subdivision in a rural zone
Checklist 13: Construct a building or works in a rural zone.
Checklist 14: Extension to one dwelling on a lot in a residential zone.
How to apply for a VicSmart planning permit under the Special Building Overlay where Melbourne Water is the referral authority.
About the Special Building Overlay
The Special Building Overlay identifies land in urban areas liable to inundation by overland flows from the underground drainage system.
The Special Building Overlay ensures that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity. The Special Building Overlay also protects water quality in accordance with the provisions of relevant State Environment Protection Policies.
VicSmart applications under the Special Building Overlay
The following types of applications can be assessed under the VicSmart permit process:
Boundary realignment: To subdivide land to realign the common boundary between two lots.
Subdivide existing buildings and car parking spaces: To subdivide land into lots each containing an existing building or car parking space where the development has been approved under the planning scheme and has been completed in the past five years.
Two lot subdivision: To subdivide land into two lots where the development of the land has been approved under the planning scheme and the development has commenced.
New development: To construct a building or to carry out works.
To determine if your development proposal is eligible for VicSmart, you should contact the planning department at your local council.
If your development proposal fits the VicSmart criteria, you should discuss your proposal with Melbourne Water:
Melbourne Water may contact you if further information is required.
Melbourne Water will consider the proposal based on the decision guidelines specified in Clause 59.08 of the planning scheme.
If Melbourne Water consents to the proposal, you will receive a written approval letter with or without conditions and endorsed plans. This approval is valid for 3 months from the date of its approval.
An application for a VicSmart permit can now be submitted to council. Check with your local council if it has a specific application form for a VicSmart application.
Complete the VicSmart application form and submit it to council with all the required information and the written consent and endorsed plans from Melbourne Water.
Council will assess the application based on the decision guidelines set out in Clause 59.08.
Council has 10 business days to consider the application.
What to submit to Melbourne Water
Most applications to Melbourne Water should include the following information:
A plan drawn to scale and dimensioned which shows:
boundaries and dimensions of the site
the layout, size and use of existing and proposed buildings and works, including floor plan layout and vehicle parking areas
setbacks between existing and proposed buildings and site boundaries
natural surface levels of the site to Australian Height Datum (AHD)
floor and surface levels of any existing and proposed building and works to AHD
cross-sectional details of any basement entry ramps
if subdivision is proposed, the location, shape and size of the proposed lots.
You should discuss specific requirements for your application with the Land Development team before submitting your proposal.
Melbourne Water assessment
Melbourne Water will respond to your application within 28 days. It is recommended that you provide all the necessary information with your application. If insufficient information is provided with your application, Melbourne Water may contact you and request further information.
Once Melbourne Water has considered the application it will either:
consent to the application with no conditions
consent to the application with conditions
object to the application.
If Melbourne Water consents, you will receive written approval which will include a set of endorsed stamped plans.
If you are unable to obtain Melbourne Water’s consent or if Melbourne Water objects to the application, the application is not a VicSmart application and must then be processed through the regular permit process.
Under the regular permit process, council will be required to formally refer the application to Melbourne Water. If Melbourne Water formally objects to the planning permit under Section 56 of the Planning and Environment Act, then a right of review through VCAT still exists.
The VicSmart planning application must contain the same information and plans submitted to Melbourne Water and also include Melbourne Water’s written consent and a copy of the endorsed plans.
Melbourne Water’s consent must be obtained within three months prior to submitting the application with council.
VicSmart Checklist 9 for VicSmart applications under the Special Building Overlay identifies all the information requirements that must be submitted with your application for a planning permit. It is advisable to contact council’s planning department to confirm the information requirements. In some cases, council may not require some of the information listed.
When will council decide my application?
Council will have 10 business days to decide the application.
If the application is not decided within 10 business days, you will have a right of review at VCAT for failure to decide. However before applying to VCAT, please check when council intends to make a decision. In most cases a decision will be made within a reasonable timeframe making the need for a review unnecessary.
When approval from Melbourne Water is not required
Some councils have applied the Special Building Overlay to council drains and applications under this planning control do not require the consent of Melbourne Water. In these cases, an applicant will not be required to seek Melbourne Water’s approval for the proposal before lodging the application with council.
The application for planning permit must be accompanied by the information set out in Clause 59.08 with the exception of the referral authority’s written consent. Council will be required to consider the application within the 10 business day period.
A VicSmart application can be amended after lodgement.
The day council receives a request for the amendment becomes the lodgement date of the application.
Assess
A council officer will check the submitted information against the requirements listed in the planning scheme.
A VicSmart application is assessed against pre-set decision guidelines that are set out in the VicSmart planning provisions for that class of application. Council officers will judge the merits of the application based on the pre-set decision guidelines.
If a proposal meets the criteria for a VicSmart application, council must assess the application within 10 days using the VicSmart process. A council cannot choose to assess the proposal using the regular permit process.
A council can only consider a local planning policy where it is included in the decision guidelines for a VicSmart class of application and included in the planning scheme. For example, the decision guidelines for VicSmart heritage and advertising applications enable council officers to refer to the relevant local planning policy as part of its assessment of the proposal.
Request for further information
If the information submitted with the application is inadequate or if some of the required information is missing, council can ask you to provide further information.
The request for further information must be in writing setting out the information to be provided.
If the request for further information is made within 5 business days of receiving the application, the council will have a further 10 days to decide the application from when a satisfactory response to the request for further information is received. The request must also specify a date by which the information must be received.
If insufficient information is provided with your application, a decision will be delayed until all the information is provided. Failing to respond to a request for further information by the due date can lead to an application lapsing. An application that has lapsed cannot be recommenced and a new application must be lodged.
You can apply to extend the date to provide information provided the request to extend the date is made in writing before the lapse date.
Failing to obtain referral authority approval
If your application requires referral authority approval, failure to obtain this consent and provide it with your application means the application is not a VicSmart application and must be processed through the regular permit process.
Decision
The Chief Executive Officer (CEO) of the municipal council is responsible for deciding a VicSmart application. Under section 188 of the Planning and Environment Act 1987, the CEO may delegate the responsibility to decide a VicSmart planning application to other officers of the council.
A decision should be made within 10 business days. The receipt of a completed application form by council is the trigger for calculating the elapsed days.
In calculating the elapsed days:
the day of receipt is not included in calculating the period
only business days are included
Saturdays, Sundays and public holidays (including half days) are excluded
the end day is included in the period.
The 10th business day does not trigger automatic refusal or review to VCAT.
If a council officer cannot decide an application because of missing information, inadequate fee, design negotiations or other outstanding matter, you will be informed.
Similarly, where a decision can be made but has been inadvertently delayed, a council officer will most likely inform you and will make a decision as soon as practicable.
failure to grant a permit within the prescribed time – 10 business days
refusal to grant a permit
conditions in a permit
refusal to extend the time to commence or complete a development or use.
Under VicSmart you have the right to a review by VCAT after 10 business days but you are not compelled to do so. Before applying to VCAT, check with your council to find out when a decision will be made. In most cases a decision will be made within a reasonable timeframe making the need for a review unnecessary.
VicSmart applicants can seek declarations from VCAT regarding the interpretation of the planning scheme and anything done by a responsible authority under the Act.
The VicSmart process does not provide third parties with review rights.
A streamlined review process has been established at VCAT. VicSmart applications will be heard and determined in the Short Cases List. This enables hearings and decisions on VicSmart matters to be made within a short timeframe.
How to apply for a review at VCAT
An application for review against a refusal to grant a permit or conditions on a permit must be made within 60 days of being given notice of the council’s decision. You can apply for a review for failure to decide an application after 10 business days.
