Objecting to a planning application
An intrinsic part of the Victorian planning system is to allow people affected by a planning decision to comment on what is proposed, before the decision is made.
Some classes of application are exempt from notice and appeal rights. Where an application is not exempt from the notice provisions, Council decides whether notice (advertising) will be given to the owners and occupiers of adjoining properties or any other person, and how the notice will be given.
Any written comments received during the advertising period are called submissions. Submissions opposing a proposal are objections. Council must consider all written submissions when making a decision about an application.
While submissions are usually lodged during the 14-day advertising period, submissions may be lodged with Council up to the time it makes a decision. However, it is recommended that comments are lodged within the advertising period.
An objection must be in writing and clearly state how the application will affect the objector. Furthermore, it should be based on legitimate town planning issues.
If you make a written submission, you will be notified by Council if the matter goes to a public meeting, known as a Focus Meeting. Objectors will also be notified by mail of Council's decision.
Submissions are not confidential and name and address details are available to the public and the applicant.
To lodge an objection you need to write a letter, which includes your name and contact details (including address), the planning application number, address of the property in question, and a statement of how the proposal will affect you.
You can lodge your written objection by:
Post: Manager Planning & Sustainable Development, Indigo Shire Council, PO Box 75, Yackandandah 3749
Email: to firstname.lastname@example.org. Please clearly state 'objection to (insert planning application number)' in the subject line.
In person: at Customer Service Centres at 34 High Street, Yackandandah, 101 Ford Street, Beechworth, or 149 High Street (Rural Transaction Centre), Rutherglen, during normal office hours.
Council is not always the final arbiter of an application. A permit applicant or an objector may lodge an appeal with the Victorian Civil and Administrative Tribunal (VCAT) if dissatisfied with Council's decision.
Rights of appeal are summarised on the decision notification Council mails to all parties. Further information can be obtained from the VCAT website (click on the link below).
Victorian Civil and Administrative Tribunal (VCAT)
Last updated: 22 December 2010