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Planning permits and objections in Victoria

If you are affected or may be affected by the grant of a permit, you can object to the grant of a permit:

The responsible authority (usually the local council) will only be required to take your objection into consideration if you have been given notice of the permit.
VCAT may refuse to consider your objection if you are not affected by the proposal or if it does not raise relevant considerations.

You can also object as a group – VCAT prefers to hear just the one submission regarding the same issues, and you can hire an objector to coordinate your case and make your presentation more effective.

How to make an effective objection:

Objections must:

• Be in writing;
• Clearly state the reasons for the objection; and
• Clearly state how the person making the objection would be affected by the grant of the permit – how are you affected by the proposal? (Contact the local council as they will probably have a prescribed form for objection. You will also need to lodge your objection with the local council.)

Time limit:

(Usually) you need to lodge your objection within 14 days of notice of the application for permit.

Grounds of objection – what do councils take seriously?

Think about new information that you will be bringing to the council – what it is that you are protecting. In particular councils are interested in any social and economic effects flowing from the development. Will the proposed building cause;

• Detriment to current local environment people enjoy, will particular features of the area be adversely affected?
• A loss of cherished views? There is no legal right to a view, however a significant view can contribute to the amenity of a property – and/or a community if the view is shared.
• Aggravating noise?
• Congested traffic?
• A change to the atmosphere of area (for the worse) and impact on the character of the neighbourhood?
• A lack of car parking?
• Loss of vegetation?
• The area to be subject to overdevelopment?
• The area to suffer from inadequate storm water drainage?

Consider aspects of the proposed building or development itself – is it:

• Out of character? (for example – the roof form, building materials to be used, will the front set back fit it, is the proposed landscaping appropriate).
• Overshadowing other properties, or the street?
• Overlooking? Causing a loss of privacy?
• Is the visual bulk of building unsuitable in the location?

Avoid objections based on concern for property value. You need to have a very legitimate reason for objecting to a development, and show that the neighbourhood will suffer, or that your quality of life or financial position, will be impacted.

For any specific objections, speak to Sinclair + May. Having someone there to coordinate your case within time and make your presentation more effective is worthwhile if you feel passionate about your objection.

This is general advice only. Liability limited by a scheme approved under Professional Standards Legislation. 

Published May 25, 2018