How To Make An Effective Planning Objection to Nillumbik Shire Council
You can make an objection as an individual or on behalf of a group.
What can I object to in a Planning Application?
Council will only consider objections that are based on legitimate planning grounds.
Typical grounds of objection may include:
Neighbourhood Character, Street Setback, Building Height, Site Coverage, Side and Rear Setbacks, Overshadowing, Overlooking/loss of privacy, Visual bulk of building, Loss of vegetation, Overdevelopment, Drainage, Residential noise.
Which grounds and how they may apply to your objection depends on the relevant planning controls covering the property.
If the property is in the Activity Centre Zone your rights to object are very limited and you should check if you are unable to make an objection.
Which planning controls apply?
To find out which planning controls, including overlays, apply to the property that is the subject of the permit application go to the following website: https://www.planning.vic.gov.au
Enter the address in the “Search for a Planning Report” section and then download the PDF report and map for the property. You can then click on the underlined text in the PDF, e.g. SIGNIFICANT LANDSCAPE OVERLAY, to open the part of the Nillumbik Planning Scheme that contains the provisions for that zone or overlay. You can then see how the application complies and whether you can object to anything in the permit application that does not satisfy the planning objectives or requirements for that site.
How To Submit Your Objection
If you wish to object to an application for a Planning Permit you can either:
- send an email to [email protected] or
- complete Council’s form – just go to number 4 under “How to Submit” on this webpage: https://www.nillumbik.vic.gov.au/Develop/Planning/Make-a-submission-to-a-planning-application
Even if you are not directly affected by the application, you are entitled to submit an objection.
If you object, Council must consider the objection unless you withdraw it in writing.
If you object and you are not satisfied with the Council’s decision you may appeal to the Victorian Civil and Administrative Tribunal within 21 days of the notice of the decision.
You could engage a planning consultant or a lawyer to provide advice and/or prepare and submit your objection.
More help and information about the provisions that control residential development in Victoria (known as RESCODE) can be found at: https://www.planning.vic.gov.au/permits-and-applications/specific-permit-topics/residential-development
Although not a Nillumbik Shire Council document but rather one written by neighbouring Manningham Council, Making an Effective Objection contains much useful information.