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If a planning permit is required, a planning scheme will specify, though exemptions may be specified in the schedule to the zone. Here are examples of exemptions to the permit requirements in a zone that are dependent on conditions in a schedule to the overlay:
In the Farm Zone table of uses, a “Dwelling” is a Section 1 use, meaning no permit required, provided (among other conditions) that the lot is at least the area specified in a schedule to the zone.
“Timber Production” is a Section 1 use, meaning no permit is required, provided (among other conditions) that the plantation area does not exceed the area specified in a schedule to the zone.
A permit is required to construct a building or works associated with a use in Section 2 of Clause 35.07-1 unless the alteration or extension to an existing dwelling or the construction of an outbuilding has a floor area that is less than the area specified in a schedule to the zone, in which case a permit is not required.
The use of an office in the Commercial 1 Zone is a Section 1 use provided the leasable floor area for all offices does not exceed any amount specified in the schedule to the zone.
In the Neighbourhood Character Overlay, a permit is required demolish or remove a building or remove, destroy or lop trees unless the overlay specifies it is not required.
Not everything in the planning scheme is in the one place however, and the planning scheme doesn’t explicitly reference where to look for exemptions in the zones or overlays, beyond the schedules to the zones and overlays. Exemptions occur when there is no specific requirement in the planning scheme and or there is a general exemption in the planning scheme.
If you want written advice from a Town Planning Consultant regarding whether a proposal needs a planning permit or is exempt, or what the planning application requirements are if you need a permit, then you are ready to start using Victorian Smart Planning – Permit Application Services:
It’s the simplest way to submit a planning permit application.