Prepare and submit your Planning Application

Your application may be required to be advertised in accordance with the Planning and Environment Act 1987. If Wyndham City deems this process necessary, then additional charges will apply. Your application will not proceed until the advertising fee is paid.

Any information submitted with planning permit applications will be made available for public viewing, including electronically, and copies may be made for interested parties for the purpose of enabling consideration and review as part of a planning process under the Planning and Environment Act 1987.

You need to download, complete and submit a Statutory Declaration for Advertising to confirm advertising has been completed in accordance with Council’s advertising instruction letter.

If the application includes a number of matters a combined application can be lodged.

Sum of the highest of the fees which would have applied if separate applications were made and 50% of each of the other fees which would have applied if separate applications had been made. Please speak to Town Planning Department in relation to the application fees for combined applications. 

The following information is required when lodging a planning permit application to change the use of a building or land. You need the following:

• A completed Town Planning Permit Application Form and Town Planning Fees
• A full, current copy of the title of the property including any restrictions/covenants listed.
• Information in an electronic form. Electronic forms include: emailed documents to Wyndham City or applications lodged on SPEAR. If information is not provided in an electronic form you may incur additional delays
• Site plans drawn at either 1:100 or 1:200 showing:
  • Dimensions of setbacks of buildings and structures
  • Location and number of car parks and access
  • Layout of existing use and proposed use
  • The location of any proposed external lighting
  • The location of any existing infrastructure such as pits, drains, poles and etc
  • Floor plans drawn at 1:100 showing layout of existing use and proposed use

A written report including information on:

• A detailed description of the proposed use
• Hours of operation
• Anticipated noise levels
• Employee numbers
• Visitor / seating numbers
• Other licences or permits sought
• A description of surrounding land uses
• Whether the number car spaces provided on site and the design of the car park is in accordance with Clause 52.06 of the Wyndham Planning Scheme

Before completing this for form please ensure that all the works have been completed in accordance with the endorsed development plans.

This is the process for completing a request and Declaration for a Statement of Compliance Inspection.

Step 1

Request a compliance inspection by completing the Online Form

Step 2

Once your completed and signed declaration is received the Subdivisions Unit will lodge the application and will provide you with an invoice, reference number, and instructions for payment.

Please note that subject to demands on bookings this may take up to 2 weeks from time of submitting your application and payment received.

Step 3

When the inspection is completed the Subdivision Officer will prepare a recommending report, this process can take up to a week to complete. The applicant will be notified in writing of the outcome of the inspection. Note: Should the inspection fail, the applicant will be notified via email outlining the areas of non-compliance.

Matters outlined in the report will need to be addressed before a reinspection is carried out and the compliance inspection condition satisfied. This may require you to obtain new endorsed development plans via an amendment process in some cases or provide any missing items.

Reinspections

If a reinspection is required, you will need to submit a new compliance inspection request online and pay the applicable fee. Please ensure that all items requested have been rectified and provide new plans or photos showing rectifications undertaken. 

Property with tenants

It is the applicant responsibility to notify the tenants that the compliance inspection will take place and ensure full access to all outside areas of the property.  Inspectors will not view any areas over fences or by means of non-standard access such as ladders due to occupational health and safety requirements.

Cancellations

Cancellations and or changes to a booking time may be made up until 5pm the day before the booking time after which any cancellation or change will incur a reinspection fee of $250.

If your booking needs to be cancelled by Wyndham City you will be offered an alternative date and time. Alternative inspections can be scheduled Monday to Friday between 9am and 3pm. There will be no additional cost to you.

Entering into a Section 173 Agreement

What is a Section 173 Agreement?

A Section 173 (S173) Agreement is a legal contract that can be made between Council and a landowner and/or parties under Section 173 of the Planning and Environment Act 1987.

A landowner is normally the other party to the Agreement, while in some cases a third party, such as a utility authority, may also be involved.

A S173 Agreement normally provides for continuous restrictions or on-going requirements on the use and or development of the land.

Why would a Section 173 Agreement be required?

A S173 Agreement may be required as a condition of permit. An agreement may be used, to restrict or prohibit certain uses or development on the land where a planning permit has been granted.

Who Prepares a Section 173 Agreement?

Wyndham City Council utilise external legal services to prepare S173 Agreements and review agreements which have been drafted by an applicant’s legal representative.

What fees are involved with a Section 173 Agreement?

Council charges a fee to cover the administrative costs associated with its own tasks to review, sign and formalise the preparation of the agreement.

The owner/applicant will also be responsible for the legal costs charged by Council’s external legal services associated with the preparation/review and registration of the agreement. These costs will vary depending on the complexity of the agreement.  

Registration of a Section 173 Agreement

A S173 Agreement must be registered on the title to the land to which it applies. Council’s legal services will organize for the registration of the agreement with Land Use Victoria.

Download: Entering into a Section 173 Agreement Form

Amending or Ending a Section 173 Agreement

How to End/Amend a Section 173 Agreement

Section 178A of the Planning and Environment Act 1987 allows an applicant to submit a request to Council to amend or end a Section 173 (S173) Agreement that is registered on a land title. Appropriate justification must be provided.

Council will assess the request and will notify the applicant as to whether it agrees ‘in principle’ to the proposal to amend or end the agreement.

Interested parties to the Section 173 Agreement may be notified of the proposal, as applicable.

What fees are involved with a Section 173 Agreement?

Council charges a fee to cover the administrative costs associated with its own tasks to process the amendment or ending of the agreement.

The owner/applicant will also be responsible for the legal costs charged by Council’s external legal services associated with the preparation/review and registration of the amended agreement or ending of the agreement. These costs will vary depending on the complexity of the agreement.  

Registration of a Section 173 Agreement

Where Council approves the request, the amended S173 Agreement or ending of the S173 Agreement must be registered on the title to the land to which it applies. Council’s legal services will organize for the registration of the amended agreement or ending of the agreement with Land Use Victoria.

Download: Amending or Ending a Section 173 Agreement Form