Wyndham City has moved towards electronically endorsing plans and emailing application decisions directly to applicants which we know will be a great time saver and will be a benefit on many levels to both the applicants and Council.
You need to download, complete and submit
- a Town Planning application form and credit card form
- pay the appropriate Town Planning fee
- email your application to email@example.com
Please be advised that as a result of recent State Government amendments to the Planning and Environment Regulations 2015 and the Subdivision (Procedures) Regulations 2011, there has been a state wide increase of planning and subdivision application fees which commenced on 13 October 2016.
Further information on the updated Planning and Subdivision fees can be obtained from the Department of Environment Land, Water and Planning’s website.
- A full, current copy of the title of the property including any restrictions/covenants listed
- A new application should have the subject as “New Application – Type of Application and Address”. Documents are to be PDF and will be labelled as follows:
- New Application – Payment Details – Address – Date
- New Application – Application Form and Title – Address – Date
- New Application – Plans – Address – Date
- New Application – Reports – Address – Date
All plans must be accurately drawn with dimensions, contain a north point and drawn to an appropriate scale. No hard copies need to be sent (if they are required Wyndham City will request them).
Your application may be required to be advertised in accordance with the Planning and Environment Act 1987. If Wyndham City deems this process necessary, then additional charges will apply. Your application will not proceed until the advertising fee is paid.
Any information submitted with planning permit applications will be made available for public viewing, including electronically, and copies may be made for interested parties for the purpose of enabling consideration and review as part of a planning process under the Planning and Environment Act 1987.
You need to download, complete and submit a Statutory Declaration for Advertising to confirm advertising has been completed in accordance with Council’s advertising instruction letter.
If the application includes a number of matters a combined application can be lodged.
Sum of the highest of the fees which would have applied if separate applications were made and 50% of each of the other fees which would have applied if separate applications had been made. Please speak to Town Planning Department in relation to the application fees for combined applications.
Application for Change of Use
The following information is required when lodging a planning permit application to change the use of a building or land. You need the following:
- A completed Town Planning Permit Application Form and Town Planning Fees
- A full, current copy of the title of the property including any restrictions/covenants listed.
- Information in an electronic form. Electronic forms include: emailed documents to Wyndham City or applications lodged on SPEAR. If information is not provided in an electronic form you may incur additional delays
- Site plans drawn at either 1:100 or 1:200 showing:
- Dimensions of setbacks of buildings and structures
- Location and number of car parks and access
- Layout of existing use and proposed use
- The location of any proposed external lighting
- The location of any existing infrastructure such as pits, drains, poles and etc
- Floor plans drawn at 1:100 showing layout of existing use and proposed use
A written report including information on:
- A detailed description of the proposed use
- Hours of operation
- Anticipated noise levels
- Employee numbers
- Visitor / seating numbers
- Other licences or permits sought
- A description of surrounding land uses
- Whether the number car spaces provided on site and the design of the car park is in accordance with Clause 52.06 of the Wyndham Planning Scheme
Landscape Compliance Inspection
This is the process for completing a request and Declaration for a Statement of Compliance Inspection.
Request a compliance inspection by completing the
Online Form or
Downloading application form for Compliance Inspection Prior to the Issue of a Statement of Compliance (SOC). Submit the form to the Town Planning Subdivisions Unit, PO Box 197, Werribee 3030 or alternatively email it to firstname.lastname@example.org.
Once your completed and signed declaration is received it will be sent to the Investigation Unit who will contact you via telephone to arrange a date and time for the inspection to be undertaken. Subject to demands on bookings this may take up to 2 weeks from time of submitting your declaration. Before an inspection can be undertaken the relevant Planning File will need to be sourced and inspected. In some cases this may take up to 48 hours as files will need to be obtained from Wyndham City’s records storage facility. The Investigations Unit will not call you until the file has been obtained.
Inspections are only undertaken on Wednesdays at 9.00am, 10.00am, 11.00am, 12.00pm, 1.00pm, and 2.00pm. Any requests for times outside those listed incur a booking fee of $110 and are only considered in exceptional circumstances and subject to availability of staff and resources. Bookings close at 3pm on the Monday of each week.
Property with tenants
If your property has tenants you will need to arrange full access prior to an inspection being carried out with the inspector required to have access and enter all outside areas of the property. Inspectors will not view any areas over fences or by means of non-standard access such as ladders due to occupational health and safety requirements. Failure to provide full access will result in an automatic failure of the inspection with reinspection fees applicable. You will be responsible for any failure by tenants to allow access.
Cancellations and or changes to a booking time may be made up until 2pm the day before the booking time after which any cancellation or change will incur a reinspection fee of $200.
If your booking needs to be cancelled by Wyndham City you will be offered an alternative date and time. Alternative inspections can be scheduled Monday to Friday between 9am and 3pm. There will be no additional cost to you.
When the inspection is completed the Planning Investigations Unit will send notification to the Subdivision Officer who will complete the Statement of Compliance process. Should the inspection fail a copy of the failed inspection report will be sent to the nominated person in the declaration via email.
Matters outlined in the report will need to be addressed before a reinspection and a Statement of Compliance is issued. This may require you to obtain new endorsed plans via an amendment process in some cases or provide any missing items.
If a reinspection is required contact the Planning Investigations Unit, phone 9742 0820. At the time of arranging a reinspection/reassessment you will be provided with a reference number to enable you to pay the fee of $200 online.
You will be advised at this time if an officer needs to attend the property or if the reassessment can be done via a desktop assessment using the previous report and new plans or photos supplied by you showing rectifications undertaken.
In most cases reassessments are able to be completed within 12-24 hours of the fee payment, while a physical reinspection of the property is required to be booked into the next available inspection day.
Section 173 Agreements
Entering into a Section 173 Agreement
What is a Section 173 Agreement?
- A S173 Agreement is a legal contract made between Wyndham City and another party or parties under Section 173 of the Planning and Environment Act 1987
- A landowner or a person expected to become the land owner is normally the other party to the Agreement. In some cases a third party, such as a referral authority, may also be involved
- A typical Agreement will include one or more requirements which must be met by the parties entering into the Agreement
Section 173 Agreements are not always appropriate. As such they will not always be offered by Wyndham City. In some instances, a condition of a planning permit may require the owner/s of the land to enter into a Section 173 Agreement with Wyndham City. Wyndham City is also able to decline an invitation to enter into a Section 173 Agreement.
If Council agrees to enter into a Section 173 Agreement, Council can prepare the Section 173 (S173) Agreement on your behalf. Depending on the complexity of the Agreement, it will be prepared in house by Council officers, or may be referred to Council’s solicitors. If you prepare the agreement privately, the document must be referred to Council’s solicitors to ensure that Council’s interests have been protected. This will involve Council’s solicitors reviewing the document, consulting with Council and negotiating any changes required. You will be responsible for any legal fees associated with the review of the document.
Amending or Ending a Section 173 Agreement
You are able to apply to Wyndham City Council to amend or end a Section 173 Agreement on a land title. Depending on the complexity of the Agreement, the amending / ending proposal will be dealt with by Council officers, and may be referred to Council’s solicitors if required. Interested parties to the Section 173 agreement may be notified of the proposal, as applicable.