Daily Bulletin

The Times Real Estate

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  • Written by NewsServices.com

One of the most challenging aspects of setting up a business property – or renovating an existing one – is navigating the maze of town planning applications. The notion of having to apply for planning permits or permissions can be intimidating for some business owners – for others, a lack of understanding of how the process works might put them off.

Each local Council has its own planning scheme, made up of land zonings, local ordinances, and policies that are essential for the planning approval of your business property. During the town planning application process, the planning scheme will indicate if a planning permit is required to make changes to the land and its use.

Hence, it is important to understand what planning permits, planning approvals, and land zonings are, as well as their impact on your business, to ensure your business development is executed legally, swiftly, and affordably. Read on to find out more about these important aspects of your town planning application process.

Planning Permits

As mentioned, a planning permit is only required if stipulated by a local planning scheme. This legal document outlines in writing the conditions that must be satisfied, as well as any documented plans that specify exactly what can or cannot be done on a piece of property. It ensures that land is used safely, buildings are designed appropriately, and the residential amenity is protected. Planning permits are required by law under the Planning and Environment Act 1987 and generally, it is the local Council's role to administer and enforce this Act.

It is best to keep in mind that these permits are not just required for large-scale buildings or office developments – they are also required when opening a new branch of your business, changing a property from residential to business use, reduction in car parking requirements, and many more. A planning permit may be required for one or many reasons and each reason must be satisfied.

When reviewing a new business strategy, it is important to consider the time required to obtain the necessary planning permits. The permits will need to be submitted to the relevant Council planning department, outlining exactly what use the land and/or property is going to be put to once trading commences. If the business starts trading without the proper permission, the Council can issue a fine or impose penalties.

Depending on the industry, there are business registrations and permits that grant one the license to operate. Even when taking over a leased property, it is critical to understand the terms under which a firm can operate. Working with experienced town planning experts can make this process much easier, as they can help business owners to be aware of all the relevant trading and planning permits to take into consideration.

Zoning

All land in Victoria is divided into areas – via maps in the local planning scheme – called zones. These zones are divided based on different types of land uses such as residential, commercial, and industrial. It also determines:

  • * The type of uses that are permitted on a particular land.

  • The type and size of buildings and structures that may be constructed.

  • The minimum sizes of lots.

  • The requirements for landscaping requirements

  • The off-street parking for vehicles and bicycles.

Zones are one of the aspects of a planning scheme that can determine whether a planning permit is required and what information must be submitted with the planning permit application. Each zone serves a function and has a set of requirements that the Council must evaluate before granting a planning permit.

The zones contain information relating to land uses, the subdivision of land, the construction of new buildings, and other changes to the land that may require consideration. It also sets out land use controls in three sections:

  • Section 1: Land uses that do not require a planning permit.

  • Section 2: Land uses that require a planning permit.

  • Section 3: Prohibited uses – some uses are not allowed on land in a zone because they may conflict with other uses; for example, the industry is prohibited in the Residential Zone.

To complete certain applications, it is important to know what zone – and overlay if applicable – you are in. You can obtain this information by contacting your local Council. Using the insights of experienced town planning experts will allow business owners to be aware of the relevant zones and considerations.

Planning Approvals

Changing the use of a piece of land or building needs approval as the Council must take into consideration several factors. As previously stated, the majority of approvals will go to the local council planning committee, and in a few instances, a plan will need to be submitted to the Minister for Planning.

The Minister has powers of intervention, particularly for instance when it comes to heritage sites. If a planning approval gets rejected, then there is an appeals process known as the Victorian Civil and Administrative Tribunal (VCAT).

Most business owners are not familiar with state and local policy frameworks. This is where town planning experts can help provide apt advice, identify any obstacles, and complete, and submit the relevant documentation. They can also provide support at the tribunal meetings, as well as manage and advocate to achieve favourable results for a business.

If you are looking to make changes to your office, production facility, or warehouse, you should consider reaching out to a town planning expert. From adding on a new extension to turning land into a space for commercial purposes, an experienced town planner can support a business through every stage of the planning approval process.

Seek expert advice

Different Councils often have distinct requirements, hence it is advisable for you to contact your local town planning experts to help you set up a preliminary discussion with your local Council and referral authorities to ensure you comply with the right regulations. During these discussions, you can find out what types of permits and approvals you will need when setting up or making improvements to your business premises.

An experienced town planning expert can help you coordinate this discussion as well as guide you through the whole town planning application process. With their help, you can save money and time while also gaining valuable information on the application process specific to your situation. So, reach out to a town planning expert near you today to ensure your project is effectively planned, approved, and carried out.

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