Do I need a planning permit?
Find out if your project needs a planning permit
You may need a planning permit to do certain things on your property.
This depends on:
- where the site is located
- any zones, overlays and provisions affecting the land.
Below, we explain some of the most common types of works that may require a planning permit.
If you're unsure if you need a permit, head to our online planning application portal for further information.
Access the online planning application portal
Reasons you may need a planning permit
Subdividing land
Subdivision is the process of creating individual titles for land parcels, units, apartments, shops and commercial and industrial buildings so they can be sold separately.
Can I subdivide my residential land without building dwellings or units first?
In most instances, you'll need to apply for a planning permit for the development (for example, the construction of a second dwelling) before you can apply to subdivide the land. Once the development permit is approved, you can lodge a separate permit application for the subdivision. This is generally a very straightforward process.
In some cases, applicants may choose to lodge development and subdivision permits together.
Building two or more dwellings (units or townhouses)
You'll need a planning permit to build more than one dwelling on a block of land in a residential area.
How many units can I build on a lot?
There's no set number of dwellings per lot size. Generally speaking, Council uses ResCode (Clause 55 of the Whittlesea Planning Scheme) to assess planning permit applications for multi-unit developments.
Please note: in addition to Clause 55, specific requirements under the schedule to the zone may also apply.
Extending your home or constructing a single dwelling
A home extension can include building an upstairs area, a pergola or a larger living area.
In certain areas, you may need a planning permit to construct a single dwelling or extend a single dwelling. The need for a planning permit may be triggered by zoning specifications or overlays, including:
- green wedge zone
- rural conservation zone
- heritage overlay.
You don't need a planning permit for a home extension if your land meets all of the following criteria.
- Is in a residential zone
- Is bigger than 300 m2 in area
- Has no planning overlays like a heritage overlay, a special building overlay or land subject to inundation overlay
- Has no covenants or restrictions on the Certificate of Title
Check which zones or overlays apply to your lot
Changing the use of land or buildings
You may need to apply for a planning permit to change the way you use your land.
Our Building and Planning team can advise whether your proposed use requires a planning permit. You can contact us on 03 9217 2170, or at buildplan@whittlesea.vic.gov.au
Displaying a community board sign
Community board signs are displayed on Council land to promote local educational, cultural, political, religious, social or recreational events. There are specific locations allocated for these.
The Community Cultural Development team manages this process. You can contact them on 03 9217 2170 or at events@whittlesea.vic.gov.au.
Reducing the required number of car spaces
Many land uses require a specific number of car parking spaces.
Sufficient car parking must be provided on land before:
- a new land use begins
- a new building is occupied
- the floor or site area of an existing use is increased
- the number of patrons, seats or practitioners at an existing use is increased.
Car parking areas and access ways must meet the specific design requirements in the Whittlesea Planning Scheme and relevant Australian standards.
If you want to reduce the number of car parking spaces, you'll need a permit. This includes reducing the number of spaces to zero. You may need to prepare a traffic impact assessment with your application.
Developing in a rural area
You'll need a planning permit for most uses and developments on rural land.
These include:
- house siting
- building dams or other structures across creeks
- filling in waterways
- removing locally native trees or vegetation including grasses
- constructing a dwelling
- building sheds or other structures
- importing soil or fill
- undertaking major earthworks including building driveways or tracks
- rock removal, including rocky knolls, outcrops and rock walls
- storing shipping containers
- dumping or storing building waste or material.
Removing or varying a covenant or restriction
A restrictive covenant is a private agreement between landowners to restrict land use and development.
Applying for a planning permit is the standard way of removing a covenant. However, the landowner should obtain legal advice to consider whether any other available methods are more appropriate. Covenants and covenant removals are complicated and can involve questions of property and planning law.
The Department of Transport and Planning website has more information on restrictive covenants.
Searching for a land title
You can search online through LANDATA or in person at Land Victoria.
Lawyers, conveyancers and professional title search firms can conduct the search for you at a cost.
More information
If you need help, please contact us on 03 9217 2170 or at buildplan@whittlesea.vic.gov.au.