Guide to the Lodging & Consideration of Objections to Planning Permit Applications

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When are applications advertised?

Notice of a planning permit application is required to be given under the Planning and Environment Act 1987 to any person who may suffer material detriment (ie. overshadowing, loss of privacy, noise etc.) by the granting of a planning permit. Notice may be given by the Council or by the applicant (as directed by Council).

The assessment of material detriment, ie. if notice is required and the extent of notice to be given is determined by Council on an application by application basis.

Notice may be given in a variety of forms depending on the nature of the application ie. notice to adjoining owners, by placing a notice on a visible portion of the site or in a local newspaper, or a combination of these.

Where can you view an application?

Applications advertised may be viewed online Planning Applications (past 14 days) or from Councils Phoenix office, 25 Armstrong Street South, Ballarat, during office hours.

Ask for a Statutory Planning team member to show you the file and please ask any questions which you feel may help you understand the application fully. You may write down any application details and contact the applicant directly if you wish to discuss the proposal or to obtain additional information.

A photocopy of the site plan, elevations or other details will be provided to adjoining owners on request (a small charge for photocopying may apply).

Can you object to an application?

Any person may object to the granting of a planning permit. Notice of an application is normally given for a minimum 14 calender day period (the notice will include a date of notice). Council cannot make a decision on the application until completion of the notice period.

Objections should be lodged within the notice period although late objections may be considered if a Council decision has not been made. The later the submission however, the more difficult it becomes to ensure that your objection is fully considered by Council or responded to by the applicant.

It is preferable that you view the application and discuss it with planning staff prior to lodging an objection. It is also important to understand that it is not the number of objections received, but the issues raised in them that are considered by Council in forming its decision.

How do you lodge an objection?

An objection must be legibly written or typed and clearly refer to the application number and address of the development/use and include your name and address (preferably including a contact telephone number so that we can discuss your concerns with you). A proforma objection form may be obtained from Council if required (limit one per person).

You are able to seek assistance from legal or professional services, friends, resident groups etc in preparing your submission.

Objections may be lodged at the Phoenix office 25 Armstrong Street South, Ballarat, or mailed to the City of Ballarat, Statutory Planning Unit, City of Ballarat, PO Box 655, Ballarat Vic 3353.

An objection must state the reasons for the objection and how the objector would be affected by the grant of a planning permit.

In some cases you may support the proposal subject to a minor change or insertion of a condition on the planning permit. If so, it should be stated to provide an opportunity for mediation.

Fully detailing the nature of your objection allows Council to readily identify the main areas of concern and may also provide for mediation opportunities.

Objections must be based on town planning grounds. Council may reject an objection which has been made primarily to secure or maintain a direct or indirect commercial advantage or on other matters not relevant to planning legislation.

Petitions

While petitions may be lodged, they do not hold significant weight as objections, as they do not substantiate the nature of individual concerns or how individuals may be affected.

Who can look at your objection?

Your objection is a public document and may be viewed by any other person. Council will make a copy of your objection available to the applicant.

What does Council do with your objection?

Once objections have been received and the 14 day notice period has closed, Council officers will advise the applicant of the objections. Depending on the number and nature of the objections a mediation session may be held with the objector/s, Council officers and the applicant.

If mediation is not possible or practical, the matter will be considered by Councils Planning Advisory Committee and soon after, a decision made by Councils Policy and Operations Committee (or Council meeting in some instances).

You will be advised of receipt of your objection and invited to the Planning Advisory Committee to present your objection should you wish to do so. The Advisory Committee consists of Councillors and officers and provides an opportunity for informal discussion and enables Councillors to gain a full appreciation of the issues before making a decision on the application. Officers can advise you further of this process.

Can you appeal against Council's decision?

Council may decide to refuse an application or Issue a Notice of Decision to Grant a Planning Permit with conditions. The conditions may have been included in response to your concerns.

If you lodged an objection, Council will advise you of its decision which also details appeal opportunities to the Victorian Civil and Administrative Tribunal. An aggrieved applicant may also appeal a Council decision. The Tribunals decision is usually final.

Refer to Administrative Appeals Tribunal Planning Division Guidelines for Appellants for further information relating to the appeal process.

Appeal forms are available from Councils Phoenix Office, 25 Armstrong Street South, Ballarat, on request.