Making a submission of support or objection

1. Review the application

If you are notified about a planning application in your area, you can review the application online.

After reviewing the application, you have three options:

2. Comment or object to the proposal 

How to ensure your submission is effective so we can consider it

Under existing planning laws, Council’s ability to consider some submissions is limited. Council can only consider submissions that:

• Relate to the applicable overlays in the Planning Scheme (e.g. heritage overlay), and
• Are within the scope of the Planning and Environment Act.

For example, we can not consider the following factors as a valid submission

• Loss of property values – i.e. development in your area results in a reduction in your property’s value

• Side Fencing – i.e. the impact a proposal will have on boundary fencing between two private properties. This is considered under the Fences Act, and should be discussed with your neighbour
• Impact of the construction process – i.e. if the construction process will create dust or damage property. This is covered in a building permit stage
• Impact on availability of street parking if an application does not seek to reduce the statutory car parking requirement.

We can however consider the following factors:

• Impact on the character of the neighbourhood – however please note the number of dwellings are not components of neighbourhood character
• Overlooking – i.e. the proposed first floor window or balcony will result in overlooking of your bedroom/backyard
• Overshadowing – i.e. the proposal will result in unreasonable shadowing over your backyard
• Lack of car parking – however, this is only considered if the application is seeking to

Review the application to understand what will be assessed, and for requirements that may be exempt from assessment. This will help ensure we can consider your concerns.

What is the difference between an objection I lodge myself and a joint petition that I am a signatory to?

For your concerns to be considered in the decision making process, it is important that your objection clearly explains how the proposal will impact you. Council also welcomes constructive suggestions on how your concerns could be allayed or resolved, through modifications to the proposal.

We understand that it may be beneficial for a group of concerned community members, or residents to collectively lodge an objection outlining their views, concerns and constructive feedback on a proposal. If everyone has the same concerns, then this can be an effective way to communicate this. If you have particular concerns which relate specifically to you, you should submit your own objection outlining these.

Council will accept petitions and multi-signatory objections, which detail the collective view of the proposal. For the purposes of Council’s delegations, for each signatory to be counted as an objector, each signatory needs to provide their name,address and signature. Without these details, a submission with multiple names/signatures only will be counted as one objection. A joint objection from more than one person at the same address counts as one submission.

In the case of a multi-signatory objection or petition, Council will send all correspondence to the first name listed on the petition. if you are a signatory, you will need to liaise with the lead petitioner for updates and information.

Tips to writing an effective objective submission

Clearly explain how the proposal may impact you. If only a section of the proposal will impact you, highlight this. Use dot points to describe how each issue affects you.

• Keep your submission focused on the reasons a planning permit is needed.
• Provide evidence for your concerns where possible. Supporting images can be a great way to do this.
• We welcome any suggestions of solutions that might address your concerns.

You can contact us for more information about the application, or for technical advice on the planning scheme. However, we cannot directly assist you to prepare your submission.

Submit your comment or objection

You can make a submission online or email us at mail@yarraranges.vic.gov.au 

You can also send a hard copy of your submission to Council. If you send a hard copy, allow enough time for Council to receive your submission before Council makes a decision.

Submissions should be lodged within the 14-day notice period. Council will not decide on an application before the notice period ends. Late submissions will be considered if a decision has not yet been made

3. What happens next

Once you make a submission, you will receive an acknowledgement from Council. You may also receive a call from the planner assessing the application, to discuss your concerns.

The time taken for Council to assess an application and make a decision varies. The time frame will depend on the complexity of the application, the number of submissions received, and whether the permit applicant chooses to amend their application in response to the submissions lodged, particularly where suggestions are given that would resolve the concerns of objectors. The applicant may also contact you directly to discuss your concerns.

Notice of decision and appeals (if required)

If you lodged a submission to an application, you will receive a Notice of Decision (NOD). The NOD will explain whether Council intends to approve or refuse the application, and if a permit is going to be issued, the conditions that will appear on a permit.

There is a 28-day time frame after the date of the decision, that gives you an opportunity to appeal the decision to VCAT if you are not satisfied with Council’s decision.

If a petition or multi-signatory objection has been lodged, only the first person listed will be informed of the decision, and to lodge an appeal. It is the lead petitioners responsibility to inform all signatories on the petition of Council’s decision. Under the VCAT Act, only the lead petitioner can lodge an appeal at VCAT. If you would like to retain your right to lodge your own appeal at VCAT on a particular matter, you should lodge your own objection.

Further detail on the appeal process can be accessed via this link - Planning disputes | VCAT

Assessment and decision

The application will be assessed, and a decision made within the relevant planning assessment framework. Any submissions received must also be considered. In some instances applications will be decided at a Council Meeting. If this occurs submitters will receive an invitation to this meeting from Council.

Notice of decision and appeals (if required)

If you lodged a submission to an application, you will receive a Notice of Decision (NOD). The NOD will outline Council’s position on the application and any conditions that will appear on a permit, if a permit is to be granted. The NOD is effective for 28 days and gives you an opportunity to appeal the decision to VCAT if you are not satisfied. Further detail on the appeal process can be accessed via this link Get involved in a VCAT case – Planning disputes | VCAT

Withdrawing an objection

You can withdraw your objection by writing to council if:

• you are satisfied with the outcome of negotiations with the permit applicant, or
• you do not want to pursue your objection.

Please note we cannot accept a conditional withdrawal. If you withdraw your objection you will lose your right to apply to the Victorian Civil and Administrative Tribunal (VCAT) for a review. 

Track an application and make a submission