VicSmart permits

VicSmart application eligibility

There are three 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 as a VicSmart class of application in the relevant planning scheme, meet all the VicSmart eligibility 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 process your proposal must:

• be listed as a VicSmart class of application in the relevant planning scheme
• meet the eligibility criteria listed
• be located in the zone or overlay listed.

VicSmart classes of application and eligibility criteria are specified in planning schemes. Find your planning scheme at Browse Planning Schemes.

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
• 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.

Submit

Your application should include:

• Completed application form.
• Application fee – most applications require a fee. Contact council to find out the fee amount.
• Copy of the property title, which includes:
  • the covering ‘register search statement’
  • the title diagram and the associated title documents known as ‘instruments’, for example, restrictive covenants
  • some councils require that title information is no older than a specified time frame – contact your council for advice on their requirements.
• Required information for the class of VicSmart application – information requirements are summarised in the VicSmart checklists.
• Completed checklist(s).
• Signed declaration on the application form.

Speak to your council to find out how to lodge your application and pay the fee.

Assess

A council officer will check the submitted information against the requirements listed in the planning scheme.

A VicSmart application is assessed against pre-set decision guidelines that are set out in the VicSmart planning provisions for that class of application. Council officers will judge the merits of the application based on the pre-set decision guidelines.

If a proposal meets the criteria for a VicSmart application, council must assess the application within 10 days using the VicSmart process. A council cannot choose to assess the proposal using the regular permit process.

A council can only consider a local planning policy where it is included in the decision guidelines for a VicSmart class of application and included in the planning scheme. For example, the decision guidelines for VicSmart heritage and advertising applications enable council officers to refer to the relevant local planning policy as part of its assessment of the proposal.

Request for further information

If the information submitted with the application is inadequate or if some of the required information is missing, council can ask you to provide further information.

The request for further information must be in writing setting out the information to be provided.

If the request for further information is made within 5 business days of receiving the application, the council will have a further 10 days to decide the application from when a satisfactory response to the request for further information is received. The request must also specify a date by which the information must be received.

If insufficient information is provided with your application, a decision will be delayed until all the information is provided. Failing to respond to a request for further information by the due date can lead to an application lapsing. An application that has lapsed cannot be recommenced and a new application must be lodged.

You can apply to extend the date to provide information provided the request to extend the date is made in writing before the lapse date.

Failing to obtain referral authority approval

If your application requires referral authority approval, failure to obtain this consent and provide it with your application means the application is not a VicSmart application and must be processed through the regular permit process.

Decision

In most circumstances, the Chief Executive Officer (CEO) of the municipal council is responsible for deciding a VicSmart application. Under section 188 of the Planning and Environment Act 1987, the CEO may delegate the responsibility to decide a VicSmart planning application to other officers of the council.

A decision should be made within 10 business days. The receipt of a completed application form by council is the trigger for calculating the elapsed days.

In calculating the elapsed days:

• the day of receipt is not included in calculating the period
• only business days are included
• Saturdays, Sundays and public holidays (including half days) are excluded
• the end day is included in the period.

The 10th business day does not trigger automatic refusal or review to VCAT.

If a council officer cannot decide an application because of missing information, inadequate fee, design negotiations or other outstanding matter, you will be informed.

Similarly, where a decision can be made but has been inadvertently delayed, a council officer will most likely inform you and will make a decision as soon as practicable.

VCAT review

Under VicSmart you will be able to apply to the Victorian Civil and Administrative Tribunal (VCAT) for a review for:

• failure to grant a permit within the prescribed time – 10 business days
• refusal to grant a permit
• conditions in a permit
• refusal to extend the time to commence or complete a development or use.

Under VicSmart you have the right to a review by VCAT after 10 business days but you are not compelled to do so. Before applying to VCAT, check with your council to find out when a decision will be made. In most cases a decision will be made within a reasonable timeframe making the need for a review unnecessary.

VicSmart applicants can seek declarations from VCAT regarding the interpretation of the planning scheme and anything done by a responsible authority under the Act.

The VicSmart process does not provide third parties with review rights.

A streamlined review process has been established at VCAT. VicSmart applications will be heard and determined in the Short Cases List. This enables hearings and decisions on VicSmart matters to be made within a short timeframe.

How to apply for a review at VCAT

An application for review against a refusal to grant a permit or conditions on a permit must be made within 60 days of being given notice of the council’s decision. You can apply for a review for failure to decide an application after 10 business days.

Go to the VCAT website to find out how to apply for a review of a decision.

Page last updated: 16/10/25