Planning Frequently Asked Questions

Every property has a set of planning controls that specify when a planning permit is required. Different controls apply to different properties, so it is important to find out which controls affect your property before embarking on the planning permit assessment process.

You can go online for the following items:

• Wyndham Planning Scheme and access planning maps.
• Obtain a Planning Certificate from Land Victoria.  A planning certificate includes the zoning and overlay applying to your land.
• Obtain a current copy of your certificate of title (within the last three months). Copies are available at Land Channel & fees apply. The title search statement should be included and a copy of the lot plan. The title search statement will indicate if a covenant/restriction/Section 173 Agreement affects the property. If so, a copy of this covenant must also be obtained which is also available at Land Channel.

You can visit the counter at the Wyndham City Civic Centre, 45 Princes Highway, Werribee and talk to a Wyndham City duty planner about zoning and overlays.

There are two ways to obtain advice from Wyndham City to answer these questions:

1. Speak with a town planner at the front counter (no appointment necessary). You need to bring in a copy of your Certificate of Title (and details of any registered restrictions) with you
2. You can book a Pre-application meeting with a town planner

Factors to consider

Whether or not you can subdivide your land depends on number of factors:

• The zoning and overlay of your land. You may access the zoning of your land
• Any title restrictions, easements, covenants or agreements
• Availability of services and infrastructure
• The size and location of the land
• How the design of the proposal responds to the features of the site and the surrounding properties.
• You may find out the neighbourhood Character Area (e.g. Garden Court, Contemporary Garden) of your site
• The location of the site in the context of the Housing and Neighbourhood Character Strategy 2015, which is adopted by Wyndham City and is a planning consideration
• Whether the proposal meets the objectives of Clause 55 or 56 of the Wyndham Planning Scheme and other relevant Wyndham City policies

Wyndham City recommends you obtain a planning permit application for development prior to lodging an application for subdivision. You also need to consider some zones have minimum lot sizes for subdivision.

Native vegetation is defined as plants that are indigenous to Victoria, including trees, shrubs, herbs and grasses.

A Planning Permit is typically required to remove, destroy, trim or prune native vegetation, including dead vegetation.

This does not apply if there is an exemption in Clause 52.17 Native Vegetation of the Wyndham Planning Schemethat specifically states a permit is not required.

For example, a permit is not required to remove, destroy, trim or prune native vegetation, including dead vegetation on a lot less than 4000 square metres (or 0.4 hectares) provided the land title does not include any restrictions with tree protection controls.

Before removing or trimming native vegetation, you should contact Council’s Town Planning Department on 1300 023 411 to determine exactly what controls apply to your land as a planning permit may be required.

If you require this information in writing you need to download, complete and submit an Application for Planning Controls and Information including the specific species (botanical name) of tree and applicable fee.

Where a permit is required, refer to the Native vegetation removal regulations - Applicants Guide for step by step assistance in preparing your application.

A Bring your Own (BYO) Permit does not need a Planning Permit.  

You will need planning permission prior to obtaining a liquor permit from the Victorian Commission for Gambling and Liquor Regulation (VCGLR). The type of licence required is determined by VCGLR, not by Wyndham City or the applicant. Therefore, you should contact VCGLR to determine the appropriate type of licence before making an application for a Planning Permit.

A Planning Permit is required for the following:

• A different licence, or category of licence than the one you currently have
• If the hours of trading allowed under any licence are to be extended
• If the number of patrons allowed under any licence are to be increased
• If the red line is being extended. The red line refers to the licensed area
• For a new liquor licence application, you need to download the planning permit application form and complete and submit the form.

You can run a business from your home without a planning permit, if it meets the requirements specified in Clause 52.11-1 of the Wyndham Planning Scheme.

If the home occupation requirements cannot be met, a planning permit may be granted to vary some of these requirements or the business may need to be relocated to operate from a suitable commercial area.

Home occupation is an occupation or small business carried on in a residential dwelling (house), or on the land around a dwelling, by a resident of the dwelling.

The Planning Scheme defines a Home Occupation as follows:

“An occupation carried on in a dwelling, or on the land around a dwelling, by a resident of the dwelling.  It may include a use defined elsewhere.”

The purpose of the Planning Scheme is to ensure that the amenity of the neighbourhood is not adversely affected by an occupation conducted in or from a Dwelling (house).

When is a planning permit not required

A planning permit is not required providing the following requirements are met:

• You must use the dwelling as your principal place of residence
• No more than two people who do not live in the dwelling may work in the home based business
• The net floor area used in conducting the business including the storage of any materials or goods must not exceed 100 square metres or one-third of the net floor area of the dwelling, whichever is the lesser. The net floor area of the dwelling includes out-buildings and works normal to a dwelling.
• You must not use any utility greater than normally required for domestic use
• Any goods offered for sale online must not be collected from the dwelling.
• The car parking requirement for a home based business is 1 space to each employee not a resident to the dwelling
• You must not adversely affect the amenity of the neighbourhood in any way including:
  • Appearance of any building, works or materials used
  • Parking of motor vehicles
  • Transporting of materials or goods to or from the dwelling
  • Unusual hours of operation
  • Electrical interference
  • The storage of chemicals, gasses or other hazardous materials
  • Emissions from the site
  • No motor vehicle may be serviced or repaired for profit or as a business
  • Only one commercial vehicle (a commercial goods vehicle, commercial passenger vehicle or tow truck within the meaning of the Transport Act 1983), not exceeding 2 tonnes capacity and with or without a trailer registered to a resident of the dwelling may be present at any time. The vehicle must not be fuelled or repaired on the site
  • No goods other than goods manufactured or serviced in the home business may be offered for sale
  • Materials used or goods manufactured, serviced or repaired in the home business must be stored within a building
  • No goods manufactured, serviced or repaired may be displayed so that they are visible from outside the site/home.

When is a Planning Permit required

A planning permit may be granted for a home occupation:

• Which allows no more than 2 persons who do not live in the dwelling to work in the business
• Which has a floor area not exceeding 100 square metres or one-third of the gross floor area of the dwelling
• No more than one additional commercial vehicle, not exceeding 2 tonnes capacity and with or without a trailer registered to a resident of the dwelling, to be present at any time.

Considerations when assessing a planning application

When a planning permit is required for a home occupation, Wyndham City Town Planning Department must consider:

• Whether the site is suitable for the particular home occupation and is compatible with the surrounding use and development
• Whether there is a need for additional parking or loading facilities
• The effect of any vehicle parking, storage or washing facilities on the amenity and character of the street
• Whether there is a need for landscaping to screen any outbuildings or car parking or loading areas or any other area relating to the home occupation

Can I display a sign to advertise my business?

A home occupation sign (one sign only) may be used without a planning permit provided that the total advertisement area does not exceed 0.2 square metres and your property is not affected by an Overlay.

If your site is subject to an Overlay or within a non-residential Zone, check with Wyndham City’s Town Planning Department on the planning permit requirements for Home Occupation signs on your land.

Local Advertising Sign Policy at Clause 22.02.2 of the Wyndham Planning Scheme allows small scale home occupation to have low profile business identification signage not exceeding 1.8 metres in height, and a total advertising area not exceeding 1 square metre.

When is a home occupation not suitable?

If your proposed home occupation does not comply with all the requirements, or the requirements that may be varied with a planning permit, then your business cannot be classified as a home occupation. If your business cannot be classified as a home occupation, you will need to look for suitable premises, generally in a commercial or industrial zone depending on the type of proposals.

Do I need to obtain any other approvals?

Additional permissions may be required to use your home for business purposes. Please be aware that other agencies are also involved in administering permits, licences and registrations.

Common business needing special registrations are:

• if you prepare, serve, manufacture, transport or sell food
• Personal care and body art: examples are hairdressing, beauty therapy, tattooing, piercing and acupuncture
• if you sell, provide or store alcohol

Where the home occupation is for uses such as beauty, hairdressing and food preparation approval/registration may be required from Wyndham City’s Environmental Health Unit phone 1300 023 411.

If you are require physical changes of an existing building (including garage), a building permit may be required. For further details contact Wyndham City’s Building Services Unit phone 9742 0718.

If you are a resident or business owner in the municipality wanting to make changes to buildings on your property you may need to obtain a town planning permit before proceeding. Changes to buildings include renovating, installing a fence, erecting an advertising sign and converting a shop into a restaurant.

This is not the preferred option as Wyndham City does not know what will be built which makes it very difficult to assess whether the subdivision is appropriate or workable. This may result in very tight restrictions being placed on the permit or in a refusal of the application.

Another reason is that you will still need to make a Planning Permit application which will require notification to neighbouring property owners/occupiers and they may object on the basis of not knowing what will be constructed on the site.

In most instances you will be required to apply for a planning permit for the development (for example, the construction of a second dwelling on a lot) before applying to subdivide the land.

This is done to make sure that no subdivisions can occur that leaves the owner of the new parcel of land later unable to develop it because it is unsuitable for a building.

If the planning permit is approved for the development, subdivision is normally a straight forward process and will be dealt with as a separate permit application. In some cases applicants may choose to lodge development and subdivision permits together.

What is a Section 173 Agreement?

• A S173 Agreement is a legal contract made between Wyndham City and another party or parties under Section 173 of the Planning and Environment Act 1987
• A landowner or a person expected to become the land owner is normally the other party to the Agreement. In some cases a third party, such as a referral authority, may also be involved
• A typical Agreement will include one or more requirements which must be met by the parties entering into the Agreement

Are all Section 173 Agreements the same?

• The short answer is no. While an agreement must bind the owner to the covenants specified in the agreement, the Agreement may specify or provide for a range of matters.
• Examples of Agreements include:
  • The prohibition, restriction or regulation of the use or development of the land
  • The conditions subject to which the land may be used or developed for specified purposes
• In Wyndham, Section 173 Agreements commonly entered into require development of the land to comply with an approved development permit in order for Statement of Compliance to be issued. A condition of a planning permit may often state that Statement of Compliance can be issued once the Section 173 Agreement has been entered into by the relevant parties

Are Section 173 Agreements always available?

• Each circumstance must be examined and assessed in order to determine whether it is appropriate for Wyndham City to offer a Section 173 Agreement
• Section 173 Agreements are not always appropriate. As such they will not always be offered by Wyndham City
• In some instances, a condition of a planning permit may require the owner/s of the land to enter into a Section 173 Agreement with Wyndham City
• Wyndham City is also able to decline an invitation to enter into a Section 173 Agreement

When is a Section 173 Agreement with Wyndham City inappropriate?

• Wyndham City will not enter into a Section 173 Agreement when common property is proposed by a planning permit application for development or subdivision
• Wyndham City will not enter into a Section 173 Agreement if multiple dwellings must be constructed simultaneously and these dwellings share a party wall, or a party wall easement is proposed

Wyndham City will not enter into a Section 173 Agreement if the development of the land has already commenced. 

A condition on your planning permit will state the time period within which the use or development needs to be commenced. Your permit can be extended, provided the request for extension is received within 6 months of the end of the permit. In your request for extension you will be asked to provide reasons for your request.

In many cases Wyndham City will grant a first time extension, provided you have a valid reason. Further time extensions may be granted and are considered on a case by case basis.

If you wish to change your permit preamble, any permit conditions or make changes to your endorsed plans, you may apply to Wyndham City for an amendment under Section 72 of the Planning and Environment Act 1987.

An application to amend a planning permit (and/or the endorsed plans) is processed in the same way as a standard planning application.  An assessment will be made as to whether the proposed amendment is likely to impact on any other property.  If it is determined that this is likely, Wyndham City will require public notification of the application.

The decision making process and appeal rights are the same as those for a standard planning permit application. You need to download, complete and submit an Application to Amend a Planning Permit or Application for Secondary Consent (Minor Amendment to Endorsed Plans).

Conditions of your permit may require you to submit additional plans or other material for endorsement.  For example, Condition 1 of a permit often requires amended plans to be submitted.  The "Plans to Comply with Planning Permit Conditions" form must be completed and outline how the submitted plans comply with the requirements of the permit condition.

If a Cultural Heritage Management Plan is not required, you need to complete a Cultural Heritage Management Plan Declaration Form and submit the completed form to Wyndham City.