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Planning permit exemptions in the general provisions

There are three types of planning permit exemptions specified in the General Provisions that apply to all planning schemes.

Uses not requiring a permit

In planning schemes, Clause 62.01 specifies a list of 15 or so very specific uses that do not require a planning permit, including:

    • The use of land in a road if the use is associated with the use of adjoining land and is authorised by the Council under a local law, or the use of land in a road to trade from a stall, stand, motor vehicle, trailer etc;
    • The use of land for a telecommunications facility, minor utility installation or to display a sign.

Buildings and works not requiring a permit

In planning schemes, Clause 62 also includes exemptions from permit requirements for construction or carrying out of works.

Clauses 62.02-1 sets out a list of buildings and works that do not require a permit, some of which are commonly applied. These include buildings and works:

    • gardening, kids cubby houses or external lighting normal to a dwelling;
    • which provide for fire protection under relevant legislation;
    • associated with a use on adjoining land or street trading if authorised under a local law;
    • or a telecommunications facility exempt from a permit under clause 52.19-1;
    • for the construction of a display a sign consistent with the requirements of Clause 52.05-10;

Buildings and works not requiring a permit unless specifically required by the planning scheme

Clause 62.02-2. sets out a list of buildings and works that sometimes require a permit. Consequently, sometimes they don’t. This means the planning scheme needs to checked to confirm there are no specific permit triggers. The most common of these exemptions include:

    • The internal rearrangement of a building or works provided the gross floor area of the building, or the size of the works, is not increased and the number of dwellings is not increased;
    • Repairs and routine maintenance to an existing building or works;
    • Domestic services normal to a dwelling;
    • An open-sided pergola or verandah to a dwelling with a finished floor level not more than 800 mm above ground level and a maximum building height of three metres above ground level;
    • A deck to a dwelling with a finished floor level not more than 800 mm above ground level;
    • Services normal to a building other than a dwelling, including chimneys, flues, skylights, heating and cooling systems, hot water systems, security systems and cameras, downpipes, window shading devices, or similar;

Other planning permit exemptions

These exemptions do not apply to the removal, destruction or lopping of trees and the removal of vegetation. Exemptions for vegetation removal are set out in Clause 62.02-3 and in schedules to overlays.

Other exemptions are more implied such as when a permit is not required by the planning scheme, or exemptions specified in the schedules to zones or overlays.

Get planning permit advice

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:

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