OBJECTION PROCESS
Objections should be lodged during the 14 day advertising period but may be lodged with Council up until a decision about the application is made. Anyone who may be affected by the grant of the permit can lodge an objection. Objections can't be ignored and Council must consider them when it makes its decision. An objection must be in writing and state the reasons for the objection and how the objector would be affected by the granting of the permit. Alternatively, download and complete the Form - Objection To Grant A Planning Permit Online Form
Council may reject an objection which it considers has been made primarily to secure or maintain a direct or indirect commercial advantage for the objector.
When the advertising period has finished, you may check with the Statutory Planning unit if it has received any objections. If there are no objections and all referral comments are received the Planning officer can assess the application.
If objections have been received, you need to arrange a meeting to discuss them and identify the planning issues with a planning officer. Council encourages the objectors and the permit applicant to meet to discuss the proposal and address the objections. Council can facilitate this meeting, if required, to negotiate the planning grounds between the parties.
You may ask the Planning officer for a copy of the objections, make a note of each objector's name, contact details and their main concern. Offer to meet the objectors on-site to discuss what can be done. Contacting objectors individually may be effective, but be careful that any changes you agree to will not cause problems for other objectors. It is not always possible to resolve objections and differences of opinion. Make sure you keep the Council planner informed about the arrangements you make.
The Council planner might suggest some changes to the plans or appropriate conditions to address the objections or issues Council has identified when assessing the application. Any further action you take will depend on the nature of the objections, the advice from the Council planner and your willingness to negotiate changes.
Changing the plans after advertising & negotiating with objectors
After the negotiation process, you may want to make changes to the plans. Talk to the Planning officer about the best way to make these changes to ensure a new application is not required.
If Council decides to grant a permit for the development/use in line with the negotiated changes with objectors, there is usually a condition on the permit that requires amended plans showing the specified changes to be submitted and approved. This condition binds the permit applicant and protects the objectors.
If objections aren't withdrawn
Objectors will usually be reluctant to withdraw an objection, even if the revised plans address their concern or an agreement between the parties is reached, because they risk forfeiting the right to a review.
An objection can be withdrawn conditionally, provided certain changes are made to the conditions imposed. If the objectors' requirements are not met, the objection still stands. An objection must be withdrawn or conditionally withdrawn in writing, signed and dated.
For further information
Contact us online via eServices
The Statutory Planning Unit
P: 03 5320 5640
F: 03 5333 4061
Alternatively please contact:
City of Ballarat Customer Services
The Phoenix
25 Armstrong Street South
Ballarat, Vic 3350
PO Box: 655
Ballarat, Vic 3353
P: 03 5320 5500
F: 03 53334061
We are NRS-friendly
If you are deaf, or have a hearing impairment or speech impairment, contact us through the National Relay Service (www.relayservice.com.au):
- TTY users phone 133 677 then ask for 03 5320 5500
- Speak and Listen users phone 1300 555 727 then ask for 03 5320 5500
- Internet relay users connect to the NRS www.iprelay.com.au/call/index.aspx then ask for 03 5320 5500
For all general enquiries and feedback visit eServices
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