The Victorian planning system includes specific exemptions for some rooming house proposals. Where a proposal meets the land use definition of a ‘rooming house’ and all of the requirements of Clause 52.23 of the Wyndham Planning Scheme, a planning permit is not required.
When a planning permit is not required:
- Council does not have the power to assess or approve the proposal through the planning permit process.
- There is no public notice or advertising requirement under the planning scheme.
- Nearby property owners and residents are not notified of the proposal as part of a planning application process.
- There is no opportunity for objections to be considered through a planning permit process.
- There is no right for third parties to seek a review at the Victorian Civil and Administrative Tribunal (VCAT), because no planning permit decision is being made.
These arrangements are established by the Victorian Government through the Planning Scheme and apply across Victoria. Council must administer and enforce the planning rules as they are written and cannot require a planning permit, public notification or third-party appeal rights where the Planning Scheme provides an exemption.
What can residents do if they have concerns?
If you believe a property is operating unlawfully or does not comply with the requirements of the Planning Scheme, Building Regulations, Public Health and Wellbeing legislation, or rooming house registration requirements, you can contact Wyndham City for further investigation.
Depending on the circumstances, concerns may be referred to Council's:
- Town Planning or Planning Investigations Unit
- Building Services Unit
- Environmental Health Unit
Council can investigate potential breaches of relevant legislation where evidence suggests the use or development may not be operating in accordance with the applicable requirements.
Understanding Council's role
Council's role is different depending on whether a planning permit is required:
If a planning permit is required:
- Council assesses the application.
- Notice may be given to surrounding properties where required by legislation.
- Community submissions can be considered.
- Appeal rights may be available through VCAT.
If a planning permit is not required:
- Council has no planning approval role.
- The community is not notified through a planning permit process.
- Objections cannot be considered through the planning system.
- Third-party VCAT appeal rights do not arise.
This distinction can sometimes be frustrating for residents, however it reflects how the Victorian planning system operates and the limits of Council's statutory powers.