Extend my permit

Most permits for use and development will include a condition that requires the use or development to commence or to be completed within a prescribed time (usually 2 and 4 years respectively).  

If the application is a combined permit, then it will include subdivision expiry times as well. 

The permit will expire after these timeframes if you do not apply for an extension. 

Section 69 of the Planning and Environment Act 1987 (the Act) allows an applicant to make an application to Council for an extension of time for either commencement or completion.  

This section of the Act allows the owner or occupier of the land to which the permit applies to request an extension of time from Council:  

• Before the permit expires or within 6 months afterwards, or
• Within 12 months after the permit expires if the development has lawfully commenced.

Note: If applying for an extension within 12 months after the permit expires, Council will require evidence that the development commenced before the expiry date of the permit and that all relevant permit conditions were satisfied.

A request (including a reason for the request) must be made in writing using the online form above, along with the correct fee.

An application should include evidence to support the request and show that the application is progressing, the evidence sought with requests may include the following information: 

Commencement and completion requests: 

• Construction timeline.
• Details of building surveyor engaged.
• Details of any contracts entered into to proceed with works.
• Details of any other plans or reports needed and completed to allow building approval.

Completion requests

• Removal of trees that were part of the permit; or
• Removal of structures that were noted to be removed as part of the permit; or

• Construction of a driveway that was part of the permit; or
• Commencement of construction (slab, floor, walls) of any structure that was part of the permit; or
• Site services (water, electricity, sewerage etc.) has been installed at the site; or
• Subdivision Certification has been issued (provided the application is a combined subdivision and development application).

There is no automatic approval in relation to an extension of a permit. Council considers an application for an extension of time under the following set of criteria established in a Supreme Court Decision “Kantor v Murrindindi Shire Council” as well as other Red Dot decisions from the Victorian Civil Administration Tribunal (VCAT), these considerations are:

• Whether there has been a change of planning policy;
• Whether the landowner is seeking to “warehouse” the permit;
• Intervening circumstances bearing on the grant or refusal of the extension;
• The total elapse of time from permit date and the request;
• Whether the time limit originally imposed was adequate;
• The economic burden imposed on the land owner by the permit;
• The probability of a permit should a fresh application be made; and
• Natural justice.

If Council approves a request for an extension of time, a letter or email will be sent to the applicant. The extension will operate from the day the permit expired.

An applicant may apply for a review of Council’s decision by the Victorian Civil and Administrative Tribunal (VCAT). 

An application for review cannot be made if the request to Council for the extension of time was made more than 6 months after the permit expired or more than 12 months after the permit expired if the development lawfully commenced before the expiry. 

Neither Council nor VCAT has the authority to extend permits outside of the time specified in Section 69 of the Act. A fresh planning permit application must be applied for.