Council has three options when deciding a planning permit application. These are:
- issue a planning permit, with conditions
- refuse an application
- issue a Notice of Decision to Grant a Permit (support application), subject to conditions.
A planning permit can be issued with conditions that require the applicant make changes to their plans or proposal, before acting on the permit. A planning permit can only be issued if there are no objectors to the application. The applicant has sixty days from issue date, to lodge an appeal against the conditions imposed by council at the Victorian Civil and Administrative Tribunal (VCAT).
If a refusal is issued, the applicant has sixty days to appeal against council's decision at the VCAT. Any objectors to the proposal will be notified, by the applicant, if an appeal is lodged.
A Notice of Decision to Grant a Permit is issued by council when there have been objections to the proposal but council supports the application. This means that any person objecting to the application has the opportunity, within twenty-one days, to appeal the decision at the VCAT.
If a planning permit is issued, the applicant must comply with all conditions associated with the permitted use and/or development. If applicants do not comply with permit conditions, enforcement action can apply.