Council Timeframe for Permit Approval

Discussion in 'Development' started by PRD_85, 5th Aug, 2019.

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  1. PRD_85

    PRD_85 Well-Known Member

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    Hi all,

    I am currently in the planning phase of a duplex development in Melbourne. Our final set of plans have just been completed, and will be heading to 'advertising' in the next couple of weeks.

    Below I have posted 2 hypothetical examples, upon which my question will be based:

    A) The 14-day advertising period is completed with 0 objections / 'submissions' from surrounding neighbours

    B) The 14-day advertising period is completed with 1+ objections / 'submissions' from surrounding neighbours

    In either/both of these cases, does Council still have to wait a minimum of 21 days after the completion of advertising before issuing a permit/NoD?

    My understanding was that, as per s 59(2)(b) of the Planning and Environment Act, Council can issue a binding decision after "14 days have elapsed after the giving of the last notice". In saying this, I heard today that potential objectors are statutorily afforded 21 days after the 14-day advertising period to still object if they wish, and because of this, Council has to wait this period out before issuing a binding decision.

    Is someone able to clarify?
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Objection period aside, the council officer responsible (town planner) has to review the objections, prepare their report addressing the issues raised then may arrange a site meeting with the objectors and the designer/owner to resolve the issues or may address the issues in the report with their recommendations for a council building committee meeting.

    In many cases objection leads to a report which goes to a council meeting (some full council others just a committee).
     
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  3. PRD_85

    PRD_85 Well-Known Member

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    Thank you for the reply.

    Are you able to lend any light/knowledge you have on the following components of my question:

    - Is there a 21 day timeframe which exists after the advertising period finishes that exists for objectors to still provide a formal submission?

    - If scenario (A) plays out, can a permit be issued within days after the 14-day advertising period concludes?
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    Do the planners have delegated authority?

    What's the officer's workload?

    How long is a piece of string?
     
  5. PRD_85

    PRD_85 Well-Known Member

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    I understand that the timeframe for a decision will be different for every single application, but the crux of my inquiry relates to whether or not anyone knows if that 21 day timeframe exists on a statutory level or not.

    Do you know the answer to this?
     
  6. Scott No Mates

    Scott No Mates Well-Known Member

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    Not as far as I know (but that's based on NSW), didn't have issues on the DA's that I've submitted in Vic.
     
  7. PRD_85

    PRD_85 Well-Known Member

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    Okay great - thanks for your replies.
     
  8. Tufan Chakir

    Tufan Chakir Well-Known Member

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    Ok...the 14 day period when the application is being "advertised" ilia statutory period during which the Council cannot further process the application. That's all
    Once that period is complete, the processing can continue.
    How long that will take depends on numerous factors - workloads, attitude of planner, objectors, internal reviews etc etc. There is no statutory requirement to process an application within ANY specified time frame. (there is a statutory 60 day processing time after which an appeal can be lodged with VCAT for a failure to make a decision, but that's different)
    So how long after the end of advertising - keep fingers crossed and hope it's quick, constant follow up phone calls etc help

    The 21 days - no such thin anywhere. It could be a confused reference to an old provision.
    If there are objectors, and the Council supports the application a Notice of Decision is granted. An objector has 28 days to lodge and appeal with VCAT. If no appeal is lodge the Council can issue the permit (theoretically on day 29, but it's usually a few days later)

    In theory, yes, if there are no objections at the Council can issue a permit after the 14 day advertising period finishes - very rare as they still need to finalise processing

    Also remember an objection can be lodged until the decision is made, not just in the 14 day period

    Hope that helps
     
  9. PRD_85

    PRD_85 Well-Known Member

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    Perfect! This answers everything.

    Thanks a lot.
     
  10. Sackie

    Sackie Well-Known Member

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    Timeframes to most of the councils I've worked with has no meaning in reality. If their left hand knows where their right hand is, that's a great start.

    Just cross your fingers and toes you get a planner who has some activity up top still enthusiastically buzzing away.
     
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