| s 50(4) |
Duty to amend application |
5 Delegates
|
|
| r 21 |
Power of responsible authority to require a permit applicant to verify information in an application for a permit or to amend a permit or any information provided under s 54 of the Act |
5 Delegates
|
|
| r 20 |
Power to waive or rebate a fee other than a fee relating to an amendment to a planning scheme |
4 Delegates
|
|
| s 50(5) |
Power to refuse to amend application |
5 Delegates
|
|
| r 21 |
Duty to record matters taken into account and which formed the basis of a decision to waive or rebate a fee under rr 19 or 20 |
7 Delegates
|
|
| s 50(6) |
Duty to make note of amendment to application in register |
7 Delegates
|
|
| s 50A(1) |
Power to make amendment to application |
5 Delegates
|
|
| s 50A(3) |
Power to require applicant to notify owner and make a declaration that notice has been given |
5 Delegates
|
|
| s 50A(4) |
Duty to note amendment to application in register |
7 Delegates
|
|
| s 51 |
Duty to make a copy of every application and the prescribed information supplied in respect of the application available for inspection |
8 Delegates
|
|
| s 52(1)(c) |
Duty to give notice of the application to any person to whom the planning scheme requires it to give notice |
7 Delegates
|
Note: Notice requirements under s 52(1)(a), (b) and (d) are exempt
Other notice requirements apply
|
| s 52(1)(ca) |
Duty to give notice of the application to owners and occupiers of land benefited by a registered restrictive covenant if may result in breach of covenant |
7 Delegates
|
Note: Notice requirements under s 52(1)(a), (b) and (d) are exempt
Other notice requirements apply
|
| s 52(1)(cb) |
Duty to give notice of the application to owners and occupiers of land benefited by a registered restrictive covenant if application is to remove or vary the covenant |
5 Delegates
|
Note: Notice requirements under s 52(1)(a), (b) and (d) are exempt
Other notice requirements apply
|
| s 52(1AA) |
Duty to give notice of an application to remove or vary a registered restrictive covenant |
5 Delegates
|
Note: Notice requirements under s 52(1)(a), (b) and (d) are exempt
Other notice requirements apply
|
| s 52(1A) |
Power to refuse an application |
5 Delegates
|
Save where the proposed use and/or development.
• Is located in a Commercial 1 or 2 Zone, or a Township Zone, and does not provide the required amount of car parking spaces pursuant to Clause 52.06, Colac Otway Planning Scheme, where the number of spaces being waived/reduced exceeds five (5)
• Or four (4) or more objections have been lodged against the grant of a permit.
• Or the application seeks approval for works which had commenced under a lawful planning permit, where:
o the works had not been completed prior to the expiry of the permit; and
o the officer recommendation is for refusal, unless that recommendation is made due to the response of a referral authority under Section 55 of the Act
• Or where the land is in the Farming or Rural Conservation Zones and:
a) The officer recommendation is to refuse the application (except where a determining referral authority under the planning scheme has recommended refusal of the application); and;
b) The proposal is to:
i. Use and/or develop land for a dwelling, with or without outbuildings; or
ii. Excise an existing dwelling.
Save where the application may have an affect on the broader community.
|
| s 52(3) |
Power to give any further notice of an application where appropriate |
5 Delegates
|
|
| s 53(1) |
Power to require the applicant to give notice under s 52(1) to persons specified by it |
5 Delegates
|
Note: Notice requirements under s 52(1)(a), (b) and (d) are exempt
Other notice requirements apply
|
| s 53(1A) |
Power to require the applicant to give the notice under s 52(1AA) |
5 Delegates
|
Note:Notice requirements under s 52(1)(a), (b) and (d) are exempt
Other notice requirements apply
|
| s 54(1) |
Power to require the applicant to provide more information |
5 Delegates
|
Note: delegates cannot require an applicant to provide more information than what is listed in schs 59 – 59.16 of the planning scheme |
| s 54(1A) |
Duty to give notice in writing of information required under s 54(1) |
5 Delegates
|
Note: delegates cannot require an applicant to provide more information than what is listed in schs 59 – 59.16 of the planning scheme |
| s 54(1B) |
Duty to specify the lapse date for an application |
5 Delegates
|
|
| s 54A(3) |
Power to decide to extend time or refuse to extend time to give required information |
5 Delegates
|
|
| s 54A(4) |
Duty to give written notice of decision to extend or refuse to extend time under s 54A(3) |
5 Delegates
|
The new lapse date must be included in the written notice of decision under subsections (5) and (6) |
| s 55(1) |
Duty to give a copy of an application to referral authority |
7 Delegates
|
|
| s 57(2) |
Function to receive an objection |
7 Delegates
|
|
| s 57(2A) |
Power to reject objections considered made primarily for commercial advantage for the objector |
5 Delegates
|
|
| s 57(3) |
Function of receiving name and address of persons to whom notice of decision is to go |
7 Delegates
|
|
| s 57(5) |
Duty to make available for inspection copy of all objections |
8 Delegates
|
|
| s 57A(4) |
Duty to amend application in accordance with applicant's request, subject to s 57A(5) |
7 Delegates
|
|
| s 57A(5) |
Power to refuse to amend application |
5 Delegates
|
|
| s 57A(6) |
Duty to note amendments to application in register |
7 Delegates
|
|
| s 57B(1) |
Duty to determine whether and to whom notice should be given |
5 Delegates
|
|
| s 57B(2) |
Duty to consider certain matters in determining whether notice should be given |
5 Delegates
|
|
| s 57C(1) |
Duty to give copy of amended application to referral authority |
7 Delegates
|
|
| s 58 |
Duty to consider every application for a permit |
7 Delegates
|
|
| s 58A |
Power to request advice from the Planning Application Committee |
4 Delegates
|
|
| s 59(1) |
Power to decide an application without delay |
5 Delegates
|
Save where the proposed use and/or development.
• Is located in a Commercial 1 or 2 Zone, or a Township Zone, and does not provide the required amount of car parking spaces pursuant to Clause 52.06, Colac Otway Planning Scheme, where the number of spaces being waived/reduced exceeds five (5)
• Or four (4) or more objections have been lodged against the grant of a permit.
• Or the application seeks approval for works which had commenced under a lawful planning permit, where:
o the works had not been completed prior to the expiry of the permit; and
o the officer recommendation is for refusal, unless that recommendation is made due to the response of a referral authority under Section 55 of the Act
• Or where the land is in the Farming or Rural Conservation Zones and:
a) The officer recommendation is to refuse the application (except where a determining referral authority under the planning scheme has recommended refusal of the application); and;
b) The proposal is to:
i. Use and/or develop land for a dwelling, with or without outbuildings; or
ii. Excise an existing dwelling.
Save where the application may have an affect on the broader community.
|
| s 59(2) |
Power to decide an application as soon as it gets the last of the replies from referral authorities |
5 Delegates
|
Save where the proposed use and/or development.
• Is located in a Commercial 1 or 2 Zone, or a Township Zone, and does not provide the required amount of car parking spaces pursuant to Clause 52.06, Colac Otway Planning Scheme, where the number of spaces being waived/reduced exceeds five (5)
• Or four (4) or more objections have been lodged against the grant of a permit.
• Or the application seeks approval for works which had commenced under a lawful planning permit, where:
o the works had not been completed prior to the expiry of the permit; and
o the officer recommendation is for refusal, unless that recommendation is made due to the response of a referral authority under Section 55 of the Act
• Or where the land is in the Farming or Rural Conservation Zones and:
a) The officer recommendation is to refuse the application (except where a determining referral authority under the planning scheme has recommended refusal of the application); and;
b) The proposal is to:
i. Use and/or develop land for a dwelling, with or without outbuildings; or
ii. Excise an existing dwelling.
Save where the application may have an affect on the broader community.
|
| s 60(1)(a) |
Duty to consider the relevant planning scheme |
5 Delegates
|
|
| s 60(1)(b) |
Duty to consider the objectives of planning in Victoria |
5 Delegates
|
|
| s 60(1)(d) |
Duty to consider any decision and comments of a referral authority which has been received |
5 Delegates
|
|
| s 60(1)(e) |
Duty to consider any significant effects which it considers the use or development may have on the environment or which it considers the environment may have on the use or development |
5 Delegates
|
|
| s 60(1)(f) |
Duty to consider any significant social effects and economic effects which it considers the use or development may have |
5 Delegates
|
|
| s 60(1A) |
Power to consider relevant matters |
5 Delegates
|
|
| s 60(1B) |
Duty to consider the number of objectors in considering whether use or development may have significant social effect |
5 Delegates
|
|
| s 61(1) |
Power to determine permit application, either to decide to grant a permit, to decide to grant a permit with conditions or to refuse a permit application |
5 Delegates
|
The permit must not be inconsistent with a cultural heritage management plan under the Aboriginal Heritage Act 2006 |
| s 61(2) |
Duty to decide to refuse to grant a permit if a relevant determining referral authority objects to grant of permit |
5 Delegates
|
|
| s 61(2A) |
Power to decide to refuse to grant a permit if a relevant recommending referral authority objects to the grant of permit |
5 Delegates
|
|
| s 61(3)(a) |
Duty not to decide to grant a permit to use or develop marine and coastal Crown land without Minister's consent |
5 Delegates
|
|
| s 61(3)(b) |
Duty to refuse to grant the permit without the Minister's consent |
5 Delegates
|
|
| s 61(4) |
Duty to refuse to grant the permit if grant would authorise a breach of a registered restrictive covenant |
5 Delegates
|
|
| s 61A |
Duty to delegate a power, duty or function to another council officer if there is a conflict of interest |
4 Delegates
|
|
| s 62(1) |
Duty to include certain conditions in deciding to grant a permit |
5 Delegates
|
|
| s 62(2) |
Power to include other conditions |
5 Delegates
|
|
| s 62(4) |
Duty to ensure conditions are consistent with paragraphs (a),(b) and (c) |
5 Delegates
|
|
| s 62(5)(a) |
Power to include a permit condition to implement an approved development contributions plan or an approved infrastructure contributions plan |
4 Delegates
|
|
| s 62(5)(b) |
Power to include a permit condition that specified works be provided on or to the land or paid for in accordance with s 173 agreement |
5 Delegates
|
|
| s 62(5)(c) |
Power to include a permit condition that specified works be provided or paid for by the applicant |
5 Delegates
|
|
| s 62(6)(a) |
Duty not to include a permit condition requiring a person to pay an amount for or provide works except in accordance with s 46N(1), 46GV(7) or 62(5) |
5 Delegates
|
|
| s 62(6)(b) |
Duty not to include a permit condition requiring a person to pay an amount for or provide works except a condition that a planning scheme requires to be included as referred to in s 62(1)(a) |
5 Delegates
|
|
| s 63 |
Duty to issue the permit where made a decision in favour of the application (if no one has objected) |
7 Delegates
|
|
| s 64(5) |
Duty to give each objector a copy of an exempt decision |
7 Delegates
|
Note: Bushire reconstructions applications are exempt from requirements of s 64(1), (2) and (3)
This provision applies also to a decision to grant an amendment to a permit - see s 75
|
| s 64A |
Duty not to issue permit until the end of a period when an application for review may be lodged with VCAT or until VCAT has determined the application, if a relevant recommending referral authority has objected to the grant of a permit |
7 Delegates
|
This provision applies also to a decision to grant an amendment to a permit - see s 75A |
| s 65(1) |
Duty to give notice of refusal to grant permit to applicant and person who objected under s 57 |
7 Delegates
|
|
| s 66(1) |
Duty to give notice under ss 64 or 65 and copy permit to relevant determining referral authorities |
7 Delegates
|
|
| s 66(2) & (3) |
Duty to give a recommending referral authority notice of its decision to grant a permit in the specified circumstances, and include any conditions to which the permit will be subject |
7 Delegates
|
If the recommending referral authority objected to the grant of the permit or the responsible authority decided not to include a condition on the permit recommended by the recommending referral authority |
| s 66(4) & (5) |
Duty to give a recommending referral authority notice of its decision to refuse to grant a permit in the circumstances specified, and include the information required under s 66(5) |
7 Delegates
|
If the recommending referral authority objected to the grant of the permit or the recommending referral authority recommended that a permit condition be included on the permit |
| s 66(6) |
Duty to give a recommending referral authority a copy of any permit which Council decides to grant and a copy of any notice given under ss 64 or 65 |
7 Delegates
|
If the recommending referral authority did not object to the grant of the permit or the recommending referral authority did not recommend that a condition be included on the permit |
| s 69(1) |
Function of receiving application for extension of time of permit |
8 Delegates
|
|
| s 69(1A) |
Function of receiving application for extension of time to complete development |
8 Delegates
|
|
| s 69(2) |
Power to extend time |
5 Delegates
|
Delegation to officers applies save where the development has commenced lawfully under the planning permit and:
* the application seeks approval for an extension of time to complete the works; and
* the officer recommendation is for refusal, unless that recommendation is made due to the recommendation of a referral authority under Section 55 of the Act. |
| s 70 |
Duty to make copy permit available for inspection |
3 Delegates
|
|
| s 71(1) |
Power to correct certain mistakes |
7 Delegates
|
|
| s 71(2) |
Duty to note corrections in register |
7 Delegates
|
|
| s 73 |
Power to decide to grant amendment subject to conditions |
5 Delegates
|
Save where the proposed use and/or development.
• Is located in a Commercial 1 or 2 Zone, or a Township Zone, and does not provide the required amount of car parking spaces pursuant to Clause 52.06, Colac Otway Planning Scheme, where the number of spaces being waived/reduced exceeds five (5)
• Or four (4) or more objections have been lodged against the grant of a permit.
• Or the application seeks approval for works which had commenced under a lawful planning permit, where:
o the works had not been completed prior to the expiry of the permit; and
o the officer recommendation is for refusal, unless that recommendation is made due to the response of a referral authority under Section 55 of the Act
• Or where the land is in the Farming or Rural Conservation Zones and:
a) The officer recommendation is to refuse the application (except where a determining referral authority under the planning scheme has recommended refusal of the application); and;
b) The proposal is to:
i. Use and/or develop land for a dwelling, with or without outbuildings; or
ii. Excise an existing dwelling.
Save where the application may have an affect on the broader community. |
| s 74 |
Duty to issue amended permit to applicant if no objectors |
7 Delegates
|
|
| s 76 |
Duty to give applicant and objectors notice of decision to refuse to grant amendment to permit |
7 Delegates
|
|
| s 76A(1) |
Duty to give relevant determining referral authorities copy of amended permit and copy of notice |
7 Delegates
|
|
| s 76A(2) & (3) |
Duty to give a recommending referral authority notice of its decision to grant an amendment to a permit in the circumstances specified, and include any conditions to which the permit will be subject |
7 Delegates
|
If the recommending referral authority objected to the amendment of the permit or the responsible authority decided not to include a condition on the amended permit recommended by the recommending referral authority |
| s 76A(4) & (5) |
Duty to give a recommending referral authority notice of its decision to refuse to grant an amendment to a permit in the circumstances specified, and include the information required under s 76A(5) |
7 Delegates
|
If the recommending referral authority objected to the amendment of the permit or the recommending referral authority recommended that a permit condition be included on the amended permit |
| s 76A(6) |
Duty to give a recommending referral authority a copy of any amended permit which Council decides to grant and a copy of any notice given under ss 64 or 76 |
7 Delegates
|
If the recommending referral authority did not object to the amendment of the permit or the recommending referral authority did not recommend a condition be included on the amended permit |
| s 76D |
Duty to comply with direction of Minister to issue amended permit |
7 Delegates
|
|
| s 83 |
Function of being respondent to an appeal |
5 Delegates
|
|
| s 83B |
Duty to give or publish notice of application for review |
7 Delegates
|
|
| s 84(1) |
Power to decide on an application at any time after an appeal is lodged against failure to grant a permit |
5 Delegates
|
Save where the proposed use and/or development.
• Is located in a Commercial 1 or 2 Zone, or a Township Zone, and does not provide the required amount of car parking spaces pursuant to Clause 52.06, Colac Otway Planning Scheme, where the number of spaces being waived/reduced exceeds five (5)
• Or four (4) or more objections have been lodged against the grant of a permit.
• Or the application seeks approval for works which had commenced under a lawful planning permit, where:
o the works had not been completed prior to the expiry of the permit; and
o the officer recommendation is for refusal, unless that recommendation is made due to the response of a referral authority under Section 55 of the Act
• Or where the land is in the Farming or Rural Conservation Zones and:
a) The officer recommendation is to refuse the application (except where a determining referral authority under the planning scheme has recommended refusal of the application); and;
b) The proposal is to:
i. Use and/or develop land for a dwelling, with or without outbuildings; or
ii. Excise an existing dwelling.
Save where the application may have an affect on the broader community. |
| s 84(2) |
Duty not to issue a permit or notice of decision or refusal after an application is made for review of a failure to grant a permit |
7 Delegates
|
|
| s 84(3) |
Duty to tell principal registrar if decide to grant a permit after an application is made for review of its failure to grant a permit |
7 Delegates
|
|
| s 84(6) |
Duty to issue permit on receipt of advice from presidential member of the Tribunal |
7 Delegates
|
|
| s 84AB |
Power to agree to confining a review by the Tribunal |
4 Delegates
|
|
| s 86 |
Duty to issue a permit at order of Tribunal |
7 Delegates
|
|
| s 87(3) |
Power to apply to VCAT for the cancellation or amendment of a permit |
4 Delegates
|
|
| s 90(1) |
Function of being heard at hearing of request for cancellation or amendment of a permit |
4 Delegates
|
|
| s 91(2) |
Duty to comply with the directions of VCAT |
7 Delegates
|
|
| s 91(2A) |
Duty to issue amended permit to owner if Tribunal so directs |
7 Delegates
|
|
| s 92 |
Duty to give notice of cancellation/amendment of permit by VCAT to persons entitled to be heard under s 90 |
7 Delegates
|
|
| s 93(2) |
Duty to give notice of VCAT order to stop development |
7 Delegates
|
|