Perfect Timing
How Long Does The Planning Permit Process Take?
The Town Planning Process is often lengthy, with seemingly indeterminate time-frames for assessment. Today’s article will give you some idea of how long it can take to receive a planning permit
Most people are surprised by how long the whole Planning Permit process can actually take. To be clear, we’re referring to multi-unit developments & not front fence permits!
Having worked on many planning permit applications over the years we’ve found that it can take anywhere from 5-9 months for 1-2 additional dwellings or upwards of 9 months for multi-unit developments (3 or more dwellings).
Why is there such a huge discrepancy in time frames? The short answer is that there isn’t just one reason, instead a range of factors which contribute to the time taken to get a Planning Permit.
The Planning Permit process is complex. It involves various types of assessment & decision making stages (covered in our Planning process article), different consultants, referral authorities, neighbors, community consultation meetings, advertising, negotiation, redesigns... the list goes on. All of this takes time. The good news is councils are required to follow a statutory time frame in making decisions. The bad news is this is not always a straightforward timeline to keep track of.
Council’s Time frame & how it is Calculated
Rest assured, Councils do not have an infinite amount of time to decide on a Planning Permit application. Under the Planning and Environment Act, Councils must provide a decision for a Planning Permit application within 60 days.
This means that the applicant can lodge an appeal to the Victorian Civil and Administrative Tribunal (VCAT) if Council fails to determine an application within the statutory time frame.
It must be noted that this 60 statutory day period does not equate to 60 consecutive days, but is subject to exclusion periods and pauses.
In reality it takes far more than 60 days to determine a planning permit due to the calculation method.
Below is a rough outline of how the 60 days is calculated (alternatively you can scroll to the bottom for a handy infographic summary)
Elapsed Days Starts: Once application is received
Elapsed Days Continues: IF a request for information is sent out AFTER 28 days
Elapsed Days Resets: IF a request for information is sent out WITHIN 28 days
Elapsed Days Pauses: Until all the requested information is provided to Council
Elapsed Days Continues: During Notice Period (Advertising), once the LAST notice is given (either in the form of a letter to neighbors or erecting a sign on the land)
Elapsed Days Stops: Once Council sends out its decision to grant/not grant the permit or the application is lodged to VCAT
Another thing to note is that at any point during the process, if you apply for an amendment to the application, the number of elapsed days will reset to zero.
The exact method of counting the 60-day period is fairly complicated, check out VCAT’s guide to calculating the days for a calculator worksheet.
It should be noted that the applicant has the opportunity to express their concerns with Council if the 60-day timeframe has been exceeded. Often Councils will try & expedite a Planning application if they acknowledge fault however, this is not always the case. If no compromise can be made with Council, VCAT may be your last resort. Bear in mind, it takes a few months to organize a hearing date for your case & there are considerable costs with a VCAT appeal (fees & engaging a Private Planner to represent you).
Factors affecting time
Every Planning Permit application is unique, each with its own set of requirements, risks, challenges, opportunities, client expectations & time frames. For example, a simple home extension would take significantly less time than a complex 10-unit townhouse development for Council to assess & decide upon. In general, the more complex the application the longer it will take to work through.
In addition to this, each Council will process Planning Permit applications at different rates, some may be very efficient as they might be well resourced & have plenty of Planners on board whilst others may be understaffed & working their way through months’ worth of backlogged applications.
Not to mention, each Council will have their own set requirements, some may need more information than others. For example, one Council might require a Landscape design to be submitted with development plans, whilst another might not. Each additional item will contribute to longer wait times.
From our experience, we’ve found that there a number of ways to reduce delays in the Planning Permit application process:
Getting the right professional advice from the beginning will help develop your ideas so you meet both Council’s expectations and your objectives. It’s important to make sure the planning professional you choose to work with has the right experience before you engage them as you’ll be relying on their support & expertise for the whole duration of the planning permit process.
Ensure your development plans have been suitably designed to fit within Councils planning guidelines to avoid having to redesign plans. Your Designer/Planner should advise you on what scale & type of development is suitable for your site from the beginning. There’s no point in designing an apartment complex for a site when the zoning only allows for a maximum of two dwellings.
Provide Council with all of the required drawings & documentation.
Compile all of your drawing changes into one lot instead of drip feeding them.
Respond to Councils request for information as soon as possible.
Follow up Council with a progress update to ensure that the process is running smoothly.
What Happens After a Planning Permit is Issued?
When a Planning Permit is issued, it will list a number of conditions which form part of the approval.
These conditions will include additional changes which must be incorporated into the drawings/plans before final approval (also known as ‘endorsement’ or ‘stamped plans’) can be issued.
The endorsement process alone can take anywhere between 3 weeks - 4 months, it varies considerably based on the conditions of the permit. Often, it will include Consultant drawings or reports to accompany the drawing set. You won’t be able act upon the permit until Council has issued endorsed plans. Unless you’re looking to make further changes to the design or looking to make an extension of time, the Planning Permit process at this point, will be complete.
Lastly, when setting out your time frames for the Planning Permit process, always allow for more time than you think you’d need. From our experience, there are no standard Planning Permit applications & there will always be unforeseen circumstances which will inevitably delay your plans.
Bear in mind, once your application has been lodged & received by Council, most of the time will be spent waiting on Council’s assessment & there isn’t much to do except let the process run its course.
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