Planning services and online forms
Access all your planning needs in one place. Apply for permits, get pre-planning advice, submit plans and more. Find comprehensive resources and tools to navigate the planning process with ease.
A planning pre-application advice consultation allows you to receive initial guidance and direction about your proposal. Any advice given in a pre-application advice consultation is of a preliminary nature only.
You can submit a pre-application advice request, after which a planning officer will contact you to arrange a mutually convenient time. This service is provided free of charge, and you must submit supporting documentation.
Your supporting documents can include but are not limited to the following:
- a copy of your Certificate of Title (no older than 90 days from today's date)
- a sketch or concept plan of the proposal
- a written submission on the proposed use and/or development
- scaled and dimensioned plans or a sketch or concept plan of the proposal.
If you’re unable to provide supporting documentation and are after general planning advice, you can ask to speak with a planning officer at our Building and Planning counter or you can ask for general advice over the phone on 03 9217 2170.
If you’re after written advice, you’ll need to submit a Planning Property Information Request.
Request planning pre-application advice
We can provide written planning advice via a planning property information request, including advice about the planning controls on a property and whether a planning permit is required.
Request planning property information
If you have an application currently in progress and need to amend your original submission before the advertising period, you can lodge an amendment through the online planning application portal by following these steps:
- Log in to the online planning application portal
- Select 'More’
- Select ‘My Applications’
- Search for the application you want to amend
- Select the ‘Actions’ drop-down list against the relevant application
- Select ‘Create Amendment’.
The system automatically recognises if you're seeking a pre- or post-advertising amendment.
Request a Section 50 amendment
If you have an application currently in progress and need to amend your original submission after the advertising period, you can lodge an amendment through the online planning application portal by following these steps:
- Log in to the online planning application portal
- Select 'More’
- Select ‘My Applications’
- Search for the application you want to amend
- Select the ‘Actions’ drop-down list against the relevant application
- Select ‘Create Amendment’.
The system automatically recognises if you're seeking a pre- or post-advertising amendment.
Request a 57A amendment
What's a Section 173 agreement?
A Section 173 agreement is a legal agreement made between Council and another party or parties under Section 173 of the Planning and Environment Act 1987. It's registered on the Certificate of Title for a property.
A landowner is usually the other party to the agreement. In some cases, a third party, such as a referral authority, may also be involved. An agreement provides for continuous restrictions or ongoing requirements on the use or development of the land.
Ending and amending a Section 173 agreement
You can apply to Whittlesea City Council to amend or end a Section 173 agreement. The process for amending or ending a Section 173 agreement has four stages:
Stage 1
- Apply to Council to seek ‘in principle’ support to end or amend the agreement. You can do this via a planning property information request.
- Complete this application form and pay a fee of $165.85 via the website.
Stage 2
- If Council agrees ‘in principle’ to the proposal to end or amend the agreement, you must submit a a formal request to Council along with a fee of $726.70. You can lodge the formal request and pay the fee via the online planning application portal.
- Council will then notify all parties to the agreement and anyone else Council believes may be affected by the ending or amending of the agreement. This may include referral authorities like VicRoads and Melbourne Water, adjoining property owners or occupiers and other interested parties.
Stage 3
- Council must wait until 14 days after giving notice before making a decision, and must consider any objections or submissions in its decision. Council may decide to:
- amend or end the agreement as requested
- amend or end the agreement in a manner that is not substantially different to the proposal
- refuse to amend or end the agreement.
Stage 4
If Council supports your proposal to amend or end a Section 173 agreement, you'll be issued with a letter of Council’s decision and Form 19 to take to the land titles office to register.
Any change to a Section 173 agreement must be registered on the Certificate of Title to the land to which it applies. This ensures that all future land owners are aware of, and bound by, the requirements of the Section 173 agreement.
It's the applicant’s responsibility to ensure that the agreement is registered at the land titles office in a timely manner.
Apply to amend or end a Section 173 agreement
As the responsible authority, we're required by law to enforce the Whittlesea Planning Scheme. We investigate reported breaches of the Whittlesea Planning Scheme, planning permit conditions, the Planning and Environment Act and Section 173 agreements.
When we recognise a clear breach we will enforce penalties, especially if the breach is detrimental to the community.
We aim for compliance rather than prosecution offenders, but for some types of offences, punishment may be a necessary deterrent.
Our compliance process includes:
- verbal warning of a breach
- letters confirming the breach and requesting action (escalating).
If you've been served a planning infringement notice, you can pay in the following ways:
Support and assistance
If you have a general planning-related question you can submit an enquiry via the online planning portal's Contact Us form.
You can also contact the Building and Planning department on 03 9217 2170 or via email at buildplan@whittlesea.vic.gov.au.