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This VicSmart Guide web site is owned, operated and published by Victorian Smart Planning – Permit Application Services (VSP) ABN 45 695 956 240 – and referred to as “VicSmart Guide”, “VicSmart Application Guide” or “The Complete VicSmart Guide” with respect to this website.
By using this web site, you are agreeing to accept and comply with the terms and conditions of use as stated here (“Terms of Use”), which Victorian Smart Planning – Permit Application Services may update at any time without notice. You should visit this page periodically to review the current Terms of Use.
Planning schemes, VicSmart eligibility and planning permit application assessment are the domain of Responsible Authorities, which, in most cases, are local councils in Victoria.
VicSmart Guide offers content about applying for VicSmart planning permits.
The paid service on the VicSmart Guide allows users, the “applicant”, to create a planning “application” on this site and for the application to be made to the Responsible Authority (“submitted to” or “lodged with” local councils).
A planning application is defined in the Planning and Environment Act 1987 Part 4 – Permits, Division 1 – Permits required by planning schemes Section 47 as a set of requirements.
A planning application must be submitted to the council (Responsible Authority) in accordance with regulations and include:
The VicSmart Guide assists in making an “application” to the “Responsible Authority” as set out in the Act. In simple terms this equates to lodging or submitting a complete planning application to council.
The planning application created on the site contains both an “application form PDF” and a “VicSmart application PDF” with provision to include the information required by the planning scheme, sufficient to be lodged as a planning permit application along with the council planning assessment fee.
While efforts are made to submit complete planning applications, councils may request further information, but not more than that listed in the planning scheme.
Victorian Smart Planning – Permit Application Services may offer additional planning services beyond the VicSmart Guide.
Use of the VicSmart Guide does not assure that a permit will be issued, or that the conditions on a permit will be palatable.
The paid service on the VicSmart Guide includes the ability to create a planning “application” on the site, to have the application reviewed, and to have the application lodged with the applicant nominated council (Responsible Authority) by Victorian Smart Planning – Permit Application Services, along with the council planning assessment fee.
As a part of the planning application creation, the user consents to VSP making changes to their application on their behalf in line with usual planning permit practice.
The user remains the applicant and contact for applications lodged via The Complete VicSmart Guide.
Council planning assessment fees are separate from the fee charged to use The Complete VicSmart Guide.
Council planning assessment fees are a requirement of the planning scheme and form part of the application.
Councils accept planning applications and payments of fees in various ways. As a part of the submission of applications to councils, the usual council planning assessment fee is payable.
Where councils don’t invoice an applicant directly, applicants will be able to pay council fees via the VicSmart Guide. This is a courtesy service, by the VicSmart Guide, to progress applications.
Council planning assessment fees are to be paid by the applicant, directly to council or to the VicSmart Guide if they are required at the time of lodgement.
There no exceptions to paying council fees directly to the council or repaying the VicSmart Guide the council fee as it forms part of a valid planning application.
Where councils charge card processing or other fees, these are passed on to the applicant. No additional fees are charged by VicSmart Guide.
As per the service outlined on the site, eligibility for the VicSmart process is the responsibility of the applicant.
On submission (lodgement of an application and payment of council assessment fees), whether a planning permit is required, eligibility of a proposal for VicSmart, the limitations of encumbrances, further information requests or any communication with council, are between council and the applicant unless otherwise agreed.
Victorian Smart Planning – Permit Application Services may offer additional planning services beyond The Complete VicSmart Guide to assist in these circumstances.
Ineligibility for VicSmart, delays by the applicant, VicSmart Guide or council, a decision by the applicant, VicSmart Guide or council to not proceed with a submission, withdrawal of applications, council requests for further information, lapsed permits or refusals to grant a permit do not entitle the applicant to the refund of fees paid to the VicSmart Guide or council planning assessment fees.
Please note that VicSmart Guide may, at its sole discretion, terminate your use of this website and its services at any time, without notice.
Unless otherwise specified, all materials on this web site are the property of VicSmart Guide and are protected by the copyright laws of Australia and, throughout the world by the applicable copyright laws unless licensed for use by third party sources.
You may, view, print and/or download one copy of the materials from this web site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices.
No materials published by VicSmart Guide on this web site, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from VicSmart Guide . The use of any such materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.
Except for any disclosure by you for technical support purposes, or as specified in our Privacy Statement, all communications from you to this web site will be considered non-confidential and non-proprietary.
You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to VicSmart Guide will be deemed, at the time of communication to VicSmart Guide , the property of VicSmart Guide , and VicSmart Guide shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such applications in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations.
You agree not to use this web site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libellous, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.
Access to and use of password protected or secured areas of this web site is restricted to authorized users only. A username and password is not required to use the site. Access to applications is via unique URLs provided by a third-party platform JotForm.com, who maintain strict security protocols. Maintaining the privacy of a unique application URL is the user’s responsibility.
Credit card transactions are secured via a third-party platform Stripe.com, who maintain strict security protocols. Credit card details entered into the credit card gateway are not shared with VSP.
Although VicSmart Guide is not obligated to do so, it will have the right to review your communications on this web site to determine whether you comply with our Terms of Use. VicSmart Guide will not have any liability or responsibility for the content of any communications you post to this web site, or for any errors or violations of any laws or regulations by you. VicSmart Guide will comply with any court order in disclosing the identity of any person posting communications on this web site. It is advisable that you review our Privacy Policy before posting any such communications.
The linked sites are not under the control of VicSmart Guide and VicSmart Guide is not responsible for the content of any linked site or any link contained in a linked site. VicSmart Guide reserves the right to terminate any link at any time. VicSmart Guide may provide links from this web site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third-party sites linked to this web site, you do this entirely at your own risk. VicSmart Guide disclaims any and all warranties, express or implied, to any such linked sites.
You agree to indemnify, defend and hold VicSmart Guide harmless from and against any and all third-party claims, liabilities, damages, losses or expenses (including reasonable attorney’s fees and costs) arising out of, based on or in connection with your access and/or use of this web site.
In no event shall VSP or its suppliers be liable for any direct, indirect, special, incidental or consequential damages including, without limitation, loss profits or revenues, loss or damage to data arising out of the use or inability to use this web site or any linked site, damages resulting from use of or reliance on the information or materials presented on this web site, whether based on warranty, contract, tort or any other legal theory even if VSP or its suppliers have been advised of the possibility of such damages.
With respect to the paid service on the VicSmart Guide, in the case of any failure on behalf of VicSmart Guide with respect to due care and skill, services fit for purpose or reasonable time, full or partial refunds may be offered at the discretion of the VicSmart Guide.
VicSmart Guide user and applicant error, or failure to adhere to these terms does not entitle applicant to a refund.
User and applicant error includes:
The site goal is provide planning help to users and applicants as much as possible, but the VicSmart Guide is also a business.
With respect to council planning assessment fees, if an submitted application is ineligible for the VicSmart process, councils will usually return/refund the council planning assessment fee. Where the application has been delegated (assessed to be eligible and given to a planner to assess), they may offer a partial refund, or no refund.
VicSmart Guide assumes no responsibility for accuracy, correctness, timeliness, or content of the materials provided on this web site. You should not assume that the materials on this web site are continuously updated or otherwise contain current information.
VicSmart Guide is not responsible for supplying content or materials from the website that have expired or have been removed. The materials provided at this web site are provided “as is” and any warranty (express or implied), condition or other term of any kind, including without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or title is hereby excluded.
These Terms of Use are governed by the law in force in the Victoria, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and courts of appeal from them for determining any dispute concerning the Terms of Use.
View the Privacy Policy.
The site goal is help make planning accessible to users. Help is provided to users and applicants as much as possible, but the VicSmart Guide is also, ultimately, a business.
If you have any questions regarding the Terms of Use, please contact The Complete VicSmart Guide.