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Planning permit amendment

If your property has ever had a previous planning permit (including unit development sites), even if a long time ago, then you will need to amend your original planning permit if you want to change the plans or permit from what was originally approved.

Planning Permits are issued to a specific address, so even if you didn’t own the property when the Planning Permit was issued, you will still need to apply to Council if you are wanting to make changes.

You can apply to amend your planning permit by either: 

  • a Secondary Consent Amendment
  • a Section 72 Amendment.

You should discuss your proposed changes with a Council planner before submitting your application to determine which of these amendment processes is appropriate.

Secondary Consent amendment 

Most Planning permits have a ‘secondary consent’ condition that states:

The layout must not be altered without the prior written consent of the responsible authority.

This means that if your plans or permit need to be changed from what was originally approved, you must re-apply to Council for further permission.  

A Secondary Consent amendment is often the most appropriate way of applying for minor modifications to endorsed plans.  

Common secondary consent amendments include:

  • the addition of decks, verandahs or pergolas
  • changes to external materials
  • internal reconfigurations.

For more major changes, or if your neighbours might be affected, you may need a more formal Section 72 Amendment.

To make an application for a secondary consent amendment you need to provide the following in your application: 

  • the owner and applicant contact details
  • the original planning permit reference number
  • written details of the proposed amendment
  • plans - drawn to scale, clearly showing proposed changes in context with previously endorsed plans
  • any other information required under the Maroondah Planning Scheme and pay the relevant fee.

Once submitted, a Planning Officer will review your application and request further information if we need it.

You can apply online or in writing to amend a Planning Permit

Section 72 amendment

A Section 72 amendment is required for any of the following: 

  • changes to the permit preamble (the description of what the permit allows)
  • changes to the conditions of the permit
  • major changes to the endorsed plans.
  • any changes - even minor ones that may affect your neighbors.

The changes cannot result in a transformation of the proposal.

Common section 72 Amendments include: 

  • addition of a front fence
  • addition of a second storey
  • any major changes to business operational hour changes or patron changes
  • alterations to dwellings which have potential amenity impacts to adjoining properties.

A Section 72 amendment, to modify any plans, drawings or other documents approved under a permit, follows the same process as an application for a permit. It has the same requirements for giving notice and referral. However, the assessment for the application focuses only on the amendment itself and avoids reopening any issues associated with the approved use or development. It also avoids the proliferation over time of permits for different aspects of the use and development of a parcel of land. 

To make an application for amendment pursuant to Section 72 of the Planning and Environment Act, you need to provide: 

  • a fully completed Application to Amend a Planning Permit
  • the relevant statutory fee
  • all details of the proposed amendment to be provided (on a letter if required) 
  • plans - drawn to scale, clearly showing proposed changes in context with previously endorsed plans 
  • current copy of Certificate of Title, issued in the last 90 days. This can be obtained for the Land Victoria website
  • any other information required under the Maroondah Planning Scheme.

You can apply online or in writing to amend a Planning Permit

16/10/2020
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