Extend or amend a planning permit

The planning permit will specify your requirements, and when the development must begin and finish. However, there may be situations where your plans need to change, or you require an extension of time.

All application forms, plans and supporting documentation must be submitted in electronic form. Hardcopy applications are not accepted.

Amend an undecided permit application

If you have a planning application that is currently under consideration by Council, you can apply under of the Planning and Environment Act to amend your application.

Applications and payments can be lodged with the Planning team.

Prior to advertising

If you intend to amend your application for a planning permit after you have lodged with Council, but before your application proceeds to advertising, you can apply under Section 50 or Section 50A of the Planning and Environment Act .

What to include

  • Section 50 or 50A application form completed and signed
  • Proposed plans with highlighted changes

There is no fee required for a Section 50 or 50A amendment.

After advertising

If you intend to amend your application for a planning permit after public notification of the originally submitted plans have already been given, you can apply to amend under Section 57A of the Planning and Environment Act.

What to include:

  • Section 57A application form completed and signed
  • Proposed plans with highlighted changes
  • Relevant fee paid

The fee for a Section 57A amendment is 40 per cent of the application fee as of the current Planning Fee Schedule. A credit card fee applies.

Amend an approved planning permit

After a planning permit is issued by Council, you can apply to amend the:

  • endorsed plans
  • conditions on the planning permit
  • permit pre-amble (the description of what the permit allows).

There are two types of amendments that can be applied for depending on what you are proposing to change:

  • secondary consent applications for minor changes
  • permit amendment for major changes.

Applications and payments can be lodged with the Planning team.

Secondary consent

Permits often allow for minor modifications to the endorsed plans, subject to the written consent of the Responsible Authority, commonly known as secondary consent. The owner or occupier may request a secondary consent where changes are proposed to the plans only.

There is no requirement under secondary consent provisions for notification or advertising of changes.

A request for secondary consent is not approved automatically. We consider a range of criteria including:

  • whether the proposed changes conflict with the permit preamble or conditions
  • if the request is beyond the scope of discretion of the original approval
  • if the change may potentially cause material detriment and require advertising (public notice).

If your proposal meets any of the above criteria, you will may need to apply for a Section 72 permit amendment.

What to include

  • Secondary Consent form
  • Application fee as stated in the Planning Fee Schedule
  • proposed plans and documents.

Permit amendment

If you wish to change your permit preamble, any permit conditions or make significant changes to your endorsed plans that may impact on other properties, you can apply to us for an amendment. These changes are made under Section 72 of the Planning and Environment Act.

An application to amend a planning permit or endorsed plans is processed in the same way as a standard planning application, but any advertising (public notice) and the assessment of the application is confined to the proposed changes only.

If it is determined that the proposed changes are likely to impact on any other property, we will require advertising.

Changes that can be considered uner Section 72 include:

  • an amendment to what the permit allows
  • an amendment to the permit conditions
  • major changes to the endorsed plans.

The decision making process and appeal rights are the same as those for a standard planning permit application.

What to include

  • Section 72 amendment form
  • Current copy of Title and Plan of Subdivision - produced no later than three months from your lodgement date
  • Application fee as stated in the Planning Fee Schedule
  • Proposed plans and documents.

Extension of time

The planning permit conditions will specify when the development must commence and be completed.

You can apply for an extension of time to the completion date:

  • before the planning permit expires
  • within 6 months after the expiry date of the planning permit
  • within 12 months after the permit expires where a development has lawfully commenced.

Please note: Due to recent changes to the Planning and Environment Act, there is no longer an appeal process through VCAT if your extension of time request is made outside of the above requirements.

An extension of time is not approved automatically. We consider a range of criteria including whether or not a permit would be granted if the proposal was assessed under current planning controls.

What to include

Council requires the following information is emailed to the Planning Team to consider an extension of time application:

  • Extension of Time form completed including details of how long you wish to extend your permit and why
  • relevant fee paid
  • supporting documentation outlining when the development commenced (application to extend the completion date only)
  • Planning Fee Schedule including discretionary fees

Need help?

If you have any queries about, need assistance with extending or amending your application, or to submit a form, please contact us:

Email: planhelp@portphillip.vic.gov.au
Phone: 03 9209 6424
In person: visit the Planning and Building Counter at St Kilda Town Hall between 8.30 am and 5 pm Monday to Friday
Post: Statutory Planning, City of Port Phillip, Private Bag 3, St Kilda VIC 3182

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