Advertising Signs

The following information is required when lodging a town planning permit application for advertising signs. An application without this information will not be accepted by Wyndham City:

A site plan drawn to an appropriate scale:

  • Where on the building or site the sign is to be erected
  • Any existing signs on site including their dimensions
  • Setback of the signs from site boundaries.

An elevation plan drawn to an appropriate scale:

  • The correct dimensions including height and width of display area and overall height of the sign
  • Any illumination or floodlighting
  • Colour, details and complete content of message
  • Details of fixing or mounting structures
  • The source and location of any proposed external illumination, such as lamp
  • If the sign already exists, photos of the sign should be provided
  • If attached to a building, where on the building is the sign to be erected

A written report demonstrating compliance with Wyndham City’s Advertising Sign Policy contained at Clause 22.02 of the Wyndham Planning Scheme.

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

Building Envelope Variation

There are two ways to possibly construct a building outside a building envelope.

  1. If the restriction allows for the responsible authority to provide “written consent” to build outside a building envelope, a PIR can be lodged requesting consent to build outside the building envelope; or
  2. A planning permit is required to vary a restriction on the title (i.e. the building envelope). Refer to the Variation and Removal of Covenants/Restrictions checklist.

The following information should be submitted with either of the above requests:

  • The appropriate fee and relevant application form.
  • PIR form
  • Planning permit form
  • A covering letter is required explaining all the changes that are needed and you must include your full name and address. A full, current copy of the title of the property including any restrictions/covenants listed
  • A copy of the existing plan showing current building envelopes
  • A proposed plan showing building envelopes after the amendments have been made.
  • A plan demonstrating how a proposed building would encroach outside of the building envelope

Childcare Centre

Read and use the guidelines when you are submitting a planning application for a childcare centre.

Commercial and Retail Uses

Read and use the guidelines and checklists when submitting a planning application for a commercial development - shops, restaurants and offices.

Convenience Shop

If you want to open a Convenience Shop you need to apply for a Town Planning permit from Wyndham City. Wyndham City supports appropriately located, designed and managed convenience stores which do not detract from the residential amenity of an area and the purpose of this guide is to ensure such development.

Definition of a Convenience Shop

Under the Wyndham Planning Scheme a convenience store in a residential area is defined as:

In a residential area a convenience shop is a building with a leasable floor area of no more than 80 square metres otherwise it is a prohibited use.  A building used to sell food, drinks and other convenience goods.  It may also be used to hire convenience goods.

Criteria for Convenience Shops

You need to prepare a Report outlining:

  • Location Criteria
  • Location should consider Wyndham City’s Activity Centre Policy
  • Appropriate sites should be identified at the time of subdivision and be supported by the subdivision layout. The location of Convenience shops near schools, recreation facilities, open space is considered desirable
  • Traffic generation for a convenience store should not be detrimental to the existing road network, pedestrian network and vehicular traffic safety in the area
  • Siting Criteria - site area needs to be adequate for the provision of on site car parking, pedestrian access, setbacks and landscaping

Convenience shops design criteria

  • All convenience shops should have a “residential scale”, height, form and setback which is sympathetic to the character of the adjoining buildings and the streetscape.
  • Development must be sited to avoid overshadowing, overlooking and buildings built to the boundary
  • The design must cater for the existing level of residential amenity and minimise the potential for nuisance in terms of:
    • Visual impact
    • Noise associated with operation of the child care facility and car park
    • Odour relating to disposal of any waste
    • Light spill from external security lighting
    • Overflow car parking
       
  • Any external security lights must operate in response to sensors and not be continuously activated
  • Air conditioning and refrigeration equipment should be located to minimise any potential noise disturbance and maintain a high level of visual amenity which may require internal location of this equipment
  • Waste generated by the use must be managed appropriately

Convenience shops car parking

  • Car parking shall be provided at the rate of 8 per 100 square metre of leasable floor area and in accord with Clause 52.06 of the Wyndham Planning Scheme subject to assessment by Wyndham City’s Traffic Engineers
  • A precinct parking plan of existing parking conditions and controls in the immediate vicinity
  • The site will need to be drained and sealed with an all weather seal and line marked where appropriate

Landscaping is required to provide a buffer to adjoining residential properties and should avoid the introduction of environmental weeds and accord with Wyndham’s Landscape Guidelines for Town Planning Applications.

Wyndham City’s Advertising sign policy supports a package of signs for larger scale free standing residential uses. A package of signs comprises a pole sign not exceeding 7 metres in height or a low profile parapet wall/fascia sign displaying the business name, logo and nature of the business. Illuminated and/or flashing signs are not supported.

Management needs to consider:

  • The hours of operation would be generally limited to those that are compatible to the residential character of the area
  • Appropriate provisions must be made for the disposal of refuse and waste materials. Rubbish must not be collected from the site before 8am or after 6pm on any day except as part of the normal rubbish collection
  • Any external facilities must be located with consideration for residential developments adjacent
  • Any public address system must not operate so to be audible outside the shop building
  • Commercial deliveries are to be restricted and are not to occur before 7am and after 9pm, on any day of the week

Convenience shops requirements for Planning Permit application

Please check the title for restrictive covenants. Wyndham City is unable to issue permits for any development that contravenes a restrictive covenant registered in a title.

The following information is required:

  • Completed application form and Fee
  • Copy of Certificate of Title for subject site
  • Plans - 3 copies of site layout plan and elevation to a scale of 1:100 to a professional standard and 1 copy of the plans and sketches at A3 size for ease of reproduction showing the following information:
    • Site analysis and design response
    • Buildings the location, layout, area and use of all the buildings on the site
    • Vehicle parking layout and access/egress details
    • Surface treatments indicated
    • Elevations of new or renovated buildings
    • Landscaping existing and proposed as per guidelines within
    • Advertising signs size, location, colour and construction
    • Internal access – pedestrian paths and footpaths
    • Fencing – details of perimeter fencing height, design and materials
  • Street services – location of power poles, street trees, drainage pits, fire hydrants etc affecting access

Convenience shops report for a Planning Permit Application

You need to prepare a Report outlining:

  • How the proposed development fits in with Wyndham City’s Local Planning Policy Framework
  • Proposed floor area
  • Details of goods sold
  • Numbers of staff
  • Intended hours
  • Car parking
  • Advertising Signs

Convenience shops approvals process

You will be required to give notice of a convenience shop proposal in one or more of the following ways:

  • Sign on site
  • Pay a fee for notification to surrounding property owners and occupiers by certified mail; and /or notification in a local newspaper
  • After consideration of the merits of an application, any objections, and the balance of considerations required in the planning scheme, a decision will be made in respect of the proposal.

Display Homes

The Display Homes guidelines apply to land zoned Residential. The Wyndham Planning Scheme provisions require any person wishing to open a display homes to apply for a Town Planning permit from Wyndham City. Wyndham City supports appropriately located, designed and managed display homes which do not detract from the residential amenity of an area and the purpose of this guide is to ensure such development.

Under the Wyndham Planning Scheme a display home is defined as a building constructed as a dwelling, but used for display, to encourage people to buy or construct similar dwellings.

Display Homes requirements for a Planning Permit Application

You need to check the title for restrictive covenants. Wyndham City is unable to issue permits for any development that contravenes a restrictive covenant registered in a title.

You need to submit the following:

  • Completed planning application form and fee
  • Copy of Certificate of Title
  • Plans 3 copies of site layout plan and elevation to a scale of 1:100 to a professional standard and 1 copy of the plans and sketches at A3 size for ease of reproduction showing the following information:
    • Site analysis and design response
    • Buildings the location, layout, area and use of all the buildings on the site
    • Vehicle parking layout and access/egress details
    • Surface treatments indicated
    • Elevations of new or renovated buildings
    • Landscaping existing and proposed as per guidelines within
    • Advertising signs size, location, colour and construction
    • Internal access – pedestrian paths and footpaths
    • Fencing – details of perimeter fencing height, design & materials
    • Street services – location of power poles, street trees, drainage pits, fire hydrants etc affecting access
    • Intended hours

Display homes policy objectives

It is policy that:

  • The use and development will have minimal impact on the area, with respect to the design of the building, traffic, car parking, access and overall site layout
  • The built form of development intended to accommodate non‐residential uses:
  • Be of a scale and architectural scale compatible with a residential area
  • Advertising signage should be low key in keeping with Wyndham City’s advertising policy for residential areas
  • The development include features to reduce the noise, loss of privacy and to enhance the appearance of the  development,  including  landscaping,  screening  and  acoustic  fencing  to  cause  minimal  loss  of amenity, privacy and convenience to people living in nearby dwellings
  • The  siting  and  design  of  buildings  and  works  including  car  parking  areas  should  respond  to  the surrounding housing and streetscape
  • In established residential areas, non residential uses be located along roads that are  capable of carrying anticipated traffic volumes
  • Residential uses operate in a manner that causes minimal loss of amenity, privacy and convenience to people living in nearby dwellings in regard to intensity of use, hours of operation any overshadowing, overlooking, noise, traffic impacts, avoidance of light spill, waste management and the provision of facilities

Criteria for Display Homes

Location Criteria

  • Display homes should be grouped together on main roads
  • Avoiding encroachment into existing residential areas
  • Traffic generation should not be detrimental to traffic and pedestrian movement in the area

Display Homes siting and design criteria

  • Site area needs to be adequate for the provision of on site car parking, pedestrian access, setbacks and landscaping
  • Each display home must comply with ResCode
  • Display homes should offer a variation in housing type and style. Dual Occupancy and multi unit developments, where appropriate could form part of the Centre
  • Security lighting must not be illuminated constantly but respond to sensors only

Display Homes car parking

  • Car parking shall be provided at the rate of 5 car spaces to each dwelling for 5 or fewer contiguous dwellings, plus 2 additional contiguous dwellings in accord with Clause 52.06 of the Wyndham Planning Scheme subject to assessment by Wyndham City’s Traffic Engineers
  • A precinct parking plan of existing parking conditions and controls in the immediate vicinity
  • The site will need to be drained and sealed with an all weather seal and line marked where appropriate

Display Homes landscaping

  • The setback from the street must comply with ResCode and provide a garden setting sympathetic to the neighbourhood character
  • Landscaping is required to provide a buffer to adjoining residential properties and should avoid the introduction of environmental weeds and accord with Wyndham’s Landscape Guidelines for Town Planning Applications.

Display Homes advertising

  • A planning permit is required for advertising signs associated with display homes. Wyndham City’s Advertising Sign Policy discourages signs with advertisements above 2 square meters in area in residential locations, and seeks to limit the number of signs per premises. Flood lit and illuminated signs also require planning permission
  • Signs shall be located to avoid obstructing sight lines for vehicles accessing and leaving the site and not result in any light being emitted beyond the boundaries of the site

Display Homes management

  • The hours of operation would be generally limited to those which are compatible to the character of the area
  • Any external facilities must be located with consideration for residential developments adjacent

Display Homes Approvals Process

You will be required to give notice of a display home proposal in one or more of the following ways:

  • Sign on site
  • Pay a fee for notification to surrounding property owners and occupiers by certified mail; and /or notification in a local newspaper
  • After consideration of the merits of an application, any objections, and the balance of considerations required in the planning scheme, a decision will be made in respect of the proposal

 

Demolition of a building

If you want to demolish a building you need to download, complete an Application forForm A - Report & Consent (under Section 29A of the Building Act 1993) On Proposed Demolition - Form A and submit to the Planning Department.

Full Satellite (Radio/TV Communication) Dish

Read the Full Satellite (Radio/TV Communication) Dish Application Form and fees and complete the Application Form and pay the Fees

Information is also available other languages:

  • Arabic
  • Cantonese
  • Filipino
  • Greek
  • Italian
  • Maltese
  • Serbian
  • Spanish
  • Turkish
  • Vietnamese

If you require a copy in another language, contact the Town Planning Unit phone 1300 023 411.

Industrial developments

Read and use the checklists when submitting a planning application for an industrial development.

Landscape Guidelines

Read and use the guidelines when submitting a planning application for landscaping of new residential unit developments and medium density residential re-development proposals on existing sites.

Medical Centre

Read and use the guidelines when submitting a planning application for a medical centre.

Residential Development

Read and use the checklist when submitting a planning application for a Residential Development. A planning permit is required for any of the following:

  • two or more dwellings on the one site;
  • one dwelling on a lot less than 300 square meters
  • a residential building such as a boarding house
  • an extension or addition to any of the above;

You will need to consult Clause 55 in the Wyndham Planning Scheme in preparing your application, as it describes the requirements for these types of development in more detail.

Parking of Heavy Vehicles (Truck/Van)

Read and use the checklist when submitting a planning application for parking of a truck within a residential property other than a vehicle of less than 2 tonne that is used in association with a home occupation.

The two possible permits that may be obtained by residents are a Store or a Car Park:

  • If it is possible to accommodate the truck in a building on the subject property a Planning Permit for a store should be applied for
  • If it is not possible to accommodate the truck in a building on the subject property a Planning Permit for a car park may be applied for

It is an essential there must be an existing dwelling on the subject property. As part of the Planning Permit process there may also be a requirement to install a suitable industrial crossover to accommodate the truck in question. As part of any permit application Wyndham City will also consider the amenity impact on surrounding properties.

For vehicles 4.5 tonne or over and/or 7.5 meters in length, a permit is required under Community Amenity Local Law (2023).Click here for more info 

Place of Assembly

The Place of Assembly guidelines apply to land zoned Residential. The Wyndham Planning Scheme provisions require any person wishing to open a Place of Assembly to apply for a Town Planning permit from Wyndham City. Wyndham City supports appropriately located, designed and managed places of assembly which do not detract from the residential amenity of an area and the purpose of this guide is to ensure such development.

Definition of a Place of Assembly

Under the Wyndham Planning Scheme a place of assembly is defined as land where people congregate for religious or cultural activities, entertainment or meetings.

Place of Assembly requirements for Planning Permit Application

You need to check the title for restrictive covenants. Wyndham City is unable to issue permits for any development that contravenes a restrictive covenant registered in a title.

Information required in support of an application for a Place of Assembly/Worship.

  • Completed application form
  • Fee for consideration of the Planning permit application (refer to fee schedule)
  • Copy of Certificate of Title for subject site
  • Plans 3 copies of site layout plan and elevation to a scale of 1:100 to a professional standard and 1 copy of the plans and sketches at A3 size for ease of reproduction showing the following information:
  • Site analysis and design response

Place of Assembly buildings

  • the location, layout, area and use of all the buildings on the site
  • Vehicle parking layout and access/egress details
  • Surface treatments indicated;
  • Elevations of new or renovated buildings;
  • Landscaping existing and proposed as per guidelines within
  • Advertising signs size, location, colour and construction;
  • Internal access – pedestrian paths and footpaths;
  • Fencing – details of perimeter fencing height, design & materials;
  • Street services – location of power poles, street trees, drainage pits, fire hydrants etc affecting access.

Place of Assembly report

A report outlining:

  • How the proposed development is consistent with Wyndham City’s Local Planning Policy Framework
  • How the premises are to be used and any liquor licensing intended.

Place of Assembly waste management

Place of Assembly policy

It is policy that:

  • The use and development will have minimal impact on the area, with respect to the design of the building, traffic, car parking, access and overall site layout.

The built form of development intended to accommodate non residential uses:

  • Be of a scale and architectural scale compatible with a residential area
  • Advertising signage should be low key in keeping with Wyndham City’s advertising policy for residential areas
  • The development include features to reduce the noise, loss of privacy and to enhance the appearance of the  development,  including  landscaping,  screening  and  acoustic  fencing  to  cause  minimal  loss  of amenity, privacy and convenience to people living in nearby dwellings
  • The  siting  and  design  of  buildings  and  works  including  car  parking  areas  should  respond  to  the surrounding housing and streetscape
  • In established residential areas, non residential uses be located along roads that are capable of carrying anticipated traffic volumes
  • Non residential uses operate in a manner that causes minimal loss of amenity, privacy and convenience to people living in nearby dwellings in regard to intensity of use, hours of operation any overshadowing, overlooking, noise, traffic impacts, avoidance of light spill, waste management and the provision of facilities.

Criteria for Places of Assembly/Worship

Location and Criteria

  • Accessible to public transport
  • Avoiding arterial roads;
  • Avoid clustering with other non residential uses.

Place of Assembly siting criteria

  • Site area needs to be adequate for the provision of on site car parking, pedestrian access, setbacks and landscaping.

Place of Assembly design criteria

  • All places of assembly should have a “residential scale”, height, form and setback which is sympathetic to the character of the adjoining buildings and the streetscape.
  • Development must be sited to avoid overshadowing, overlooking and buildings built to the boundary

The design must cater for the existing level of residential amenity and minimise the potential for nuisance in terms of:

  • Visual impact
  • Noise associated with operation of the place of assembly and car park
  • Odour relating to disposal of any waste
  • Light spill from external security lighting
  • Overflow car parking.

Security lighting must not to be illuminated constantly but must be designed to respond to sensors only.

Place of Assembly car parking

  • Car parking shall be provided at the rate of 0.3 spaces to each seat or to each square metre of net floor area whichever is greater in accordance with Clause 52.06 of the Wyndham Planning Scheme subject to assessment by Wyndham City’s Traffic Engineers.
  • A precinct parking plan of existing parking conditions and controls in the immediate vicinity
  • The site will need to be drained and sealed with an all-weather seal and line marked where appropriate.

Place of Assembly landscaping

  • Provision of a landscape strip along the street frontage of at least 3.0 metres in width.
  • Landscaping is required to provide a buffer to adjoining residential properties and should avoid the introduction of environmental weeds and accord with Wyndham’s Landscape Guidelines for Town Planning Applications.

Place of Assembly advertising

  • A planning permit is required for advertising signs associated with a place of assembly. Wyndham City’s Advertising Sign Policy discourages signs with advertisements above 2 square metres in area in residential locations, and seeks to limit the number of signs per premises. Flood lit and illuminated signs also require planning permission
  • Signs shall be located to avoid obstructing sight lines for vehicles accessing and leaving the site and not result in any light being emitted beyond the boundaries of the site

Place of Assembly management

  • The hours of operation would be generally limited to those which are compatible to the character of the area.
  • Appropriate provisions must be made for the disposal of refuse and waste materials.
  • Any external facilities must be located with consideration for residential developments adjacent.
  • Ensure compliance with  N2  Environment Protection Policy (Control of  Music Noise from Public Places)

Place of Assembly Approvals Process

You will be required to give notice of a Place of Assembly/Worship proposal in one or more of the following ways:

  • Sign on site
  • Pay a fee for notification to surrounding property owners and occupiers by certified mail; and /or notification in a local newspaper
  • After consideration of the merits of an application, any objections, and the balance of considerations required in the planning scheme, a decision will be made in respect of the proposal.

Residential Design Guidelines - Rear Loaded Lots

Read and use the guidelines when submitting a planning application for Rear Loaded Lots

What is a Restrictive Covenant and can I remove or vary a covenant?

A covenant is a restriction registered on a title that affects how the land can be used or developed.

The most common covenants relate to:

  • Restricting only one house on the property;
  • Restricting the use of buildings on the property; or
  • Restricting the use of particular building materials on the property.

To find out whether your land is subject to a covenant you need to view a full copy of the title available for purchase from Land Victoria.

Three main ways to remove or vary a covenant

By applying for a planning permit

Any person can apply for a planning permit to remove or vary a registered restrictive covenant. The application must be signed by the owner of the land or accompanied by a declaration that the applicant has notified the owner about the application. The application must be made to Wyndham City. It must be accompanied by a copy of the restrictive covenant and information clearly identifying each lot benefited by the restrictive covenant.

A beneficiary is an owner of a parcel of land which benefits from a covenant. Owners of land within the same subdivision are not all necessarily beneficiaries of a covenant shown on the title for a particular lot.

If an objection is received for the proposal by a beneficiary of a covenant, Wyndham City cannot issue a Planning Permit unless it is considered the objection is vexatious or not make in good faith.

The determination of beneficiaries is likely to require extensive title searches to establish transfer dates and entitlements of each lot within the original subdivision. Generally only those lots transferred from a parent title after the transfer of the subject title will benefit from the covenant. This type of search should be carried out by a suitably qualified professional.

By amending the Wyndham Planning Scheme

A Planning Scheme amendment can be requested by anybody, but must be prepared by a planning authority (usually Wyndham City) with the approval of the Minister for Planning. The planning authority must give notice to all owners and occupiers of land benefited by the restrictive covenant, and it must consider all submissions. If the planning authority does not agree to a change requested by a submitter, the submission must be referred to an independent planning panel.

Planning Scheme amendments usually affect a large area and require a range of strategic matters to be considered. This method is usually not used to remove covenants on individual lots at the request of the owner, unless other changes to the Planning Scheme (such as a rezoning of the land) are also proposed.

By applying to the Supreme Court for an order under section 84 of the Property Law Act 1958

The court will order notice to be given and people may object and be heard by the court prior to a decision being made.

Residential Design Guidelines - Neighbourhood Character

Read and use the guidelines when submitting a planning application for a new development requiring a planning permit including medium density developments or dwellings on sites under 300 square meters.

Vet Clinic Guidelines

Read and use the guidelines  when submitting a planning application for a Vet Clinic.

Wyndham Harbour Development Plans & Guidelines

The Wyndham Harbour Development Plan and Design Guidelines provide the overall framework for use and development within the Harbour development. 

The Development Plan sets out the general layout of the site and requirements that must be met as part of the proposed development, while the Design Guidelines provide detailed guidance for the design of buildings, including housing.

The Wyndham Harbour Development Plan (Version 7) and the Wyndham Harbour Design Guidelines (Version 6) were endorsed on 19 February 2016 in accordance with the conditional approval of Council at its Ordinary Council Meeting on 25 May 2015.

All development within Wyndham Harbour must comply with the Development Plan and Design Guidelines. 

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