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ISBN: 978-1-922250-20-9

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VicSmart is a simple and fast planning permit process for straightforward applications.

This guide includes advice on:

  • whether your application qualifies for a VicSmart assessment
  • how to prepare and lodge a VicSmart application
  • information you must submit with your application.

Key features of VicSmart include:

  • a 10 day permit process
  • applications are not advertised
  • information to be submitted with an application and what council can consider is pre-set
  • the Chief Executive Officer of the council or delegate decides the application.

VicSmart application eligibility

There are 3 prerequisites for an application to be eligible as a VicSmart application.

1. Permit requirements must be a VicSmart class of application

To be classed as a VicSmart application the proposal must be listed in the Vic Smart classes of application below, meet all the criteria and be located in the specified zone, overlay or particular provision.

A proposal could have more than one requirement for a permit and may fall into more than one class of VicSmart application. The permit requirements should be identified and then be checked against the classes of application.

All the requirements for a permit must be listed as a VicSmart application. If the application requires a permit under a provision of the planning scheme that is not listed as a VicSmart application, it is not a VicSmart application.

A council planning officer can advise you what permit requirements apply to your proposal, and whether they are all classed as VicSmart. Council may have additional application classes listed in their planning scheme that can apply locally. Check with your council for local VicSmart classes.

2. Permit issued must not breach a registered restrictive covenant

An application where a permit would breach a registered restrictive covenant is excluded from being a VicSmart application.

3. Referral authority approval must be obtained before lodging

If a referral is required under Clause 66 of the planning scheme, the written consent of the referral authority must be lodged with the application.

The written consent must not be more than 3 months old.

If you do not obtain this consent or the referral authority objects, the application cannot be a VicSmart application and you must apply through the regular permit application process.

VicSmart classes of application

To qualify for the VicSmart permit process your proposal must:

  • be one of the application types in the list below
  • meet the criteria listed
  • be located in the zone or overlay listed.

Select a category to view application types, zones and overlays and criteria.

Type of application

Construct a building or construct or carry out works (except in residential and rural zones.

Criteria (all must be met)
  • The estimated cost does not exceed:
    • $1,000,000 in an industrial zone, or
    • $500,000 in other applicable zones
  • The land is not within 30 metres of land (not a road) which is in a residential zone – does not apply in a Capital City Zone or Docklands Zone
  • Is not for a purpose listed in the table to Clause 53.10 in the planning scheme
  • Is not for a Brothel or Adult sex bookshop – this does not apply in a special purpose zone.
Where this applies
  • All industrial zones
  • All commercial zones
  • Special Use Zone
  • Comprehensive Development Zone
  • Capital City Zone
  • Docklands Zone
  • Priority Development Zone
  • Activity Centre Zone

Type of application

Construct a building or construct or carry out works in residential zones.

Criteria (all must be met)
  • The estimated cost does not exceed $100,000 and
  • The development is not associated with dwelling and
  • The development complies with the following standards of Clause 54:
    • A10 Side and rear setbacks
    • A11 Walls on boundaries
    • A12 Daylight to existing windows
    • A13 North facing windows
    • A14 Overshadowing open space
    • A15 Overlooking.
Where this applies
  • Clause 32.03-4
  • Clause 32.04-8
  • Clause 32.05-9
  • Clause 32.07-7
  • Clause 32.08-8
  • Clause 32.09-8

Type of application

Construct a building or construct or carry out works up to $250,000 in some rural zones.

Criteria (all must be met)
  • The land is not within 30 metres of land (not a road) which is in a residential zone
  • The land is not used for Animal keeping, Intensive animal husbandry or Rural industry
  • The works are not earthworks specified in the schedule to the zone.
Where this applies
  • Rural Living Zone
  • Green Wedge Zone
  • Green Wedge A Zone
  • Rural Conservation Zone

Type of application

Construct a building or construct or carry out works up to $500,000 in some rural zones.

Criteria (all must be met)
  • The works are not earthworks specified in the schedule to the zone
  • For buildings and works associated with a Section 2 use the land is not:
    • used for animal keeping, intensive animal husbandry or rural industry
    • within 30 metres of land (not a road) which is in a residential zone.
Where this applies
  • Farming Zone
  • Rural Activity Zone

Type of application
  • Construct a building or construct or carry out works for a carport, garage, pergola, verandah, deck, shed or similar structure.
  • Construct a building or construct or carry out works for a rainwater tank.
Criteria (all must be met)
  • The buildings and works must be associated with a dwelling
  • For applications under the Salinity Management Overlay, the consent of the referral authority.
Where this applies
  • Environmental Significance Overlay
  • Significant Landscape Overlay
  • Erosion Management Overlay
  • Salinity Management Overlay

Type of application

Construct a fence in an overlay.

Criteria (all must be met)

None

Where this applies
  • Environmental Significance Overlay
  • Significant Landscape Overlay
  • Design and Development Overlay
  • Erosion Management Overlay

Type of application

Remove, destroy or lop one tree.

Criteria (all must be met)

None

Where this applies
  • Environmental Significance Overlay
  • Vegetation Protection Overlay
  • Significant Landscape Overlay
  • Neighbourhood Character Overlay

Type of application

Demolish or remove an outbuilding, including a carport, garage, pergola, verandah, deck, shed or similar structure.

Criteria (all must be met)

The outbuilding to be demolished or removed is not identified in the schedule to the overlay.

Where this applies

Heritage overlay


Type of application

Demolish or remove a fence.

Criteria (all must be met)

The fence to be demolished or removed is not identified in the schedule to the overlay.

Where this applies

Heritage overlay


Type of application

Externally alter a non-contributory building.

Criteria (all must be met)

The building is a non-contributory building.

Where this applies

Heritage overlay


Type of application
  • External painting
  • Construct a fence
  • Construct a carport, garage, pergola, verandah, deck, shed or similar structure
  • Construct and install domestic services normal to a dwelling
  • Construct and install a non-domestic disabled access ramp
  • Construct a vehicle cross-over
  • Construct a domestic swimming pool or spa and associated mechanical equipment and safety fencing
  • Construct a rainwater tank
  • Construct or display a sign
  • Lop a tree
  • Construct or install a solar energy facility attached to a dwelling
  • Construct and install an electric vehicle charging station
  • Construct and install services normal to a building other than a dwelling, including chimneys, flues, skylights, heating and cooling systems, hot water systems, security systems and cameras, downpipes, window shading devices, or similar.
Criteria (all must be met)

None.

Where this applies

Heritage overlay

Type of application
  • Construct a building or construct or carry out works for a carport, garage, pergola, verandah, deck, shed or similar structure.
  • Construct a building or construct or carry out works for an outdoor swimming pool.
Criteria (all must be met)

The buildings and works must be associated with a dwelling.

Where this applies

Design and development overlay


Type of application

Construct a building or construct or carry out works up to $500,000.

Criteria (all must be met)

Must be in a commercial zone or a Special Use, Comprehensive Development, Capital City, Docklands, Priority Development or Activity Centre Zone.

Where this applies

Design and development overlay


Type of application

Construct a building or construct or carry out works up to $1,000,000.

Criteria (all must be met)

Must be in an industrial zone.

Where this applies

Design and development overlay


Type of application

Construct a building or construct or carry out works for:

  • a carport, garage, pergola, verandah, deck, shed or similar structure.
  • an outdoor domestic swimming pool or spa and associated mechanical equipment and safety fencing.
  • a rainwater tank.
Criteria (all must be met)

The buildings and works must be associated with a dwelling.

Where this applies

Neighbourhood character overlay


Type of application

Construct, demolish or remove a fence.

Criteria (all must be met)

None.

Where this applies

Neighbourhood character overlay


Type of application

Demolish or remove an outbuilding, including a carport, garage, pergola, verandah, deck, shed or similar structure.

Criteria (all must be met)

None.

Where this applies

Neighbourhood character overlay


Type of application

Construct a building or construct or carry out works.

Criteria (all must be met)

Consent of referral authority.

Where this applies

Special building overlay


Type of application

Reduce the required number of car parking spaces.

Criteria (all must be met)

By no more than 10 car spaces.

Where this applies
  • All zones
  • Parking overlay

Type of application

To construct a dwelling or small second dwelling on a lot.

Criteria (all must be met)

Development must meet the following standards of clause 54:

  • 54.02-1Street setback
  • 54.02-2 Building height
  • 54.02-3 Side and rear setbacks
  • 54.02-4 Walls on boundaries
  • 54.02-5 Site coverage
  • 54.02-6 Tree canopy
  • 54.02-7 Front fences (single dwellings only)
  • 54.02-8 Building setback for small second dwellings (small second dwellings only)
  • 54.03-5 Safety and accessibility for small second dwellings (small second dwellings only)
  • 54.04-1  Daylight to existing windows
  • 54.04-2 Existing north-facing windows
  • 54.04-3 Overshadowing secluded open space
  • 54.04-4 Overlooking
  • 54.05-2 Overshadowing domestic solar energy systems.
Where this applies

All residential zones except the Low Density Residential Zone.

Type of application

Display a sign.

Criteria (all must be met)
  • The sign is not within 30 metres of land (not a road) which is in a residential zone
  • The sign is not a pole sign, sky sign, reflective sign, internally illuminated, floodlit, electronic or animated
  • The total display size of the sign does not exceed 10 square metres.
Where this applies
  • All industrial zones
  • All commercial zones
  • Special Use Zone
  • Comprehensive Development Zone
  • Capital City Zone
  • Docklands Zone
  • Priority Development Zone
  • Activity Centre Zone

Type of application

Subdivide land to realign the common boundary between two lots.

Criteria (all must be met)
  • The area of either lot is reduced by less than 15 per cent
  • The general direction of thecommon boundary does not change
  • If the land is in a rural zone, each new lot is at least the area specified for the land in the zone or the schedule to the zone.
Where this applies
  • All residential zones
  • All industrial zones
  • All commercial zones
  • All rural zones
  • Special Use Zone
  • Comprehensive Development Zone
  • Capital City Zone
  • Docklands Zone
  • Priority Development Zone
  • Activity Centre Zone
  • Environmental Significance Overlay
  • Special Building Overlay
  • Heritage Overlay
  • Design and Development Overlay

Type of application

Subdivide land into lots each containing an existing building or car parking space.

Criteria (all must be met)
  • The buildings or car parking spaces have been constructed in accordance with the provisions of the planning scheme or a permit issued under the scheme
  • An occupancy permit or a certificate of final inspection has been issued under the Building Regulations in relation to the buildings within five years prior to the application for a permit for subdivision.
Where this applies
  • All residential zones except the Low Density Residential Zone
  • All industrial zones
  • All commercial zones
  • Special Use Zone
  • Comprehensive Development Zone
  • Capital City Zone
  • Docklands Zone
  • Priority Development Zone
  • Activity Centre Zone
  • Environmental Significance Overlay
  • Special Building Overlay
  • Heritage Overlay
  • Design and Development Overlay

Type of application

Subdivide land with an approved development into 2 lots.

Criteria (all must be met)
  • The construction of a building or the construction or carrying out of works on the land has been approved under the planning scheme or by a permit issued under the scheme and the permit has not expired
  • The construction or carrying out of the approved building or works on the land has lawfully started
  • The subdivision does not create a vacant lot.
Where this applies
  • All residential zones except the Low Density Residential Zone
  • All industrial zones
  • All commercial zones
  • Special Use Zone
  • Comprehensive Development Zone
  • Capital City Zone
  • Docklands Zone
  • Priority Development Zone
  • Activity Centre Zone
  • Environmental Significance Overlay
  • Special Building Overlay
  • Heritage Overlay
  • Design and Development Overlay

Type of application

Subdivide land into two lots in a rural zone.

Criteria (all must be met)

Each new lot is at least the area specified for the land in the zone or the schedule to the zone.

Where this applies

All rural zones.


The VicSmart permit process

The VicSmart process involves 4 simple steps:

  1. PREPARE – check the planning scheme, discuss your proposal with council, pick up checklists and any other information.
  2. SUBMIT – submit the application to the council with all the required information.
  3. ASSESS – council assesses the application against pre-set criteria.
  4. DECISION – council approves or refuses the application within 10 business days.

You can use VicSmart to apply for:

  • subdivision
  • buildings and works
  • tree removal and lopping
  • small advertising signs
  • car parking reductions.

You can include one or more proposals in an application.

Prepare

Before preparing and lodging an application, discuss your proposal with a council planning officer.

A planning officer can advise on:

  • whether you need a planning permit and why
  • whether you can apply under VicSmart
  • the nature and amount of supporting information you need to submit with your application
  • the relevant planning controls
  • whether the consent of a referral authority will be required.

Your council may have other information and checklists that will help you prepare the application. A discussion will help you to include all the right information with your application.

Include the right information

To enable a council officer to decide an application in 10 business days you must submit all required information when lodging the application. Information to be submitted with a VicSmart application is listed in the planning scheme.

A council officer may waive or reduce the required information if they can assess the application without the information. The council officer cannot ask for more information than the planning scheme requires.

There are checklists summarising the different information requirements for each type of VicSmart application. If your proposal falls into more than one VicSmart class of application you will need to complete all the relevant checklists.

If your application requires referral authority approval, you must obtain the written consent of the referral authority before lodging the application.

The checklists are also available from your council.

  • Checklist 1: Realign a boundary between two lots
  • Checklist 2: Subdivide land into lots each containing an existing building or car parking space
  • Checklist 3: Subdivide land with an approved development into two lots
  • Checklist 4: Construct a front fence in a residential zone
  • Checklist 5: Construct a building or works except in a rural zone
  • Checklist 6: Construct a building or works in an overlay
  • Checklist 7: Remove, destroy or lop one tree
  • Checklist 8: Minor subdivision, minor buildings and works, painting or tree lopping in a Heritage Overlay
  • Checklist 9: Minor subdivision or buildings and works in a Special Building Overlay
  • Checklist 10: Display a sign in a commercial, industrial or special purpose zone
  • Checklist 11: Reduce a car parking requirement
  • Checklist 12: Two lot subdivision in a rural zone
  • Checklist 13: Construct a building or works in a rural zone.
  • Checklist 14: One dwelling or small second dwelling in a residential zone.