How did that house get approved through Council?

How did that house get approved through council? Something we get asked by nearly every client. When developing a new dwelling or renovation, the town planning process is often the most difficult to navigate and most clients understandably want to know ‘how the town planning process applies to my project’.

You may be one of the lucky few whose property does not fall within council town planning zones or overlays, but for the majority of developments, the town planning process is a requirement.

Overlays such as heritage, environmental or cultural significance, landscape, and built form could all apply to the site triggering a town planning application to be prepared and lodged with the relevant council.

What is the difference between a building permit and a town planning permit?

I like to differentiate a building permit from a town planning permit in the following manner:

• A building permit is about the nuts and bolts. It’s black and white and therefore complies or doesn’t comply with building codes.
• A town planning permit is more subjective and therefore hazy.  It’s up to interpretation by clients, planners, council, and objectors.  And it can take far longer based on the complexity of the project, the timelines of the relevant council, and the objection process.  Anyone can object throughout the town planning advertising process!

Therefore, the town planning process needs to be well considered even in the initial schematic process of any project.  What are the challenges for the site, how can the specific overlays be translated for this project, are we pushing the planning envelope and what are the side effect of that motion?

I’m all for challenging the town planning status quo to achieve a desirable design and urban outcome for the project in an appropriate situation. But experience indicates that this can often involve friction between an applicant and council resulting in the refusal of a permit or onerous planning conditions as part of the permit.  A subsequent appeal at VCAT (Victorian Civil & Administrative Tribunal) is then the result.

Why do some new build or renovations appear to have gotten around planning parameters?

Clients often ask me why they can’t build the same sort of house as Mr Jones at Number 23 in the same street. It’s a fair question but typically the following may apply to Mr Jones’s dwelling:

• He built before new or certain planning overlays were introduced (planning schemes are always being updated or modified)
• Tens of thousands of dollars was spent on a planning barrister and team for a VCAT appeal (and only achieved half of what he wanted with the building)
• The project was elongated for many years because of this process.
• There was no guarantee that even after spending significant money at a VCAT hearing, he would achieve a planning permit.

So how best do we manage the town planning process for your project?

Experience has shown us that the most efficient way to tackle the town planning process and get the project rolling in a residential situation is to:

• Understand the specific guidelines for the site/project
• Design within these guidelines and identify any challenges in relation to the relevant guideline very early in the concept process.
• Work closely with the council to resolve issues. Don’t hide any of these, apply a practical reason for how the design needs to be interpreted in this specific case.
• Use the correct external consultants to provide professional advice/reports as required for a town planning application. Heritage Architects, external Town Planners, traffic consultants, color consultants, landscape designers, etc, may all need to be considered as part of the team to create a watertight application with the best chance of success.  It is far more practical (and economical) to use these consultants as part of the initial planning team, rather than an afterthought at a VCAT hearing!

Construction can be an expensive, grueling, and frustrating process.  Prudent advice on the way through the initial design phase leading into any town planning application is vital. A high percentage of our projects involve town planning applications.

Sometimes VCAT is unavoidable for an application based on all the parameters throughout the planning process. Sometimes you have to fight the good fight.

But if you can avoid VCAT and achieve a reasonable outcome throughout the council process, you will have saved yourself a lot of headaches.

Our advice, spending hard-earned (or borrowed) dollars on nice windows and white goods rather than pouring it into non-recoupable legal fees at a tribunal.

Call Andrew (0418 104 708) or book online here if you’d like a free 15-minute consultation to discuss your next project. We’d be happy to show you through some town planning examples when we meet.