Understanding Extensions of Time For Planning Permits

Planning permits are often subject to a time limit and other conditions. However, it is normal to have your well-planned development project fall behind schedule due to unforeseen circumstances. If this happens, you are required to apply for an extension of time on your planning permit, either to extend the time to commence or to finish what has been approved.

However, the application process for this extension differs according to your local council; hence, it is best to enlist the assistance of experienced town planners in Melbourne to guide you through the specific application process and ensure it gets approved on time.

Nevertheless, it is good to be informed of how the process generally works. So, if you are behind schedule on your development project, here’s what you need to know about planning permit extensions in Melbourne.

When Does My Planning Permit Expire?

The expiry date of a planning permit varies depending on the type of permit you have applied for. You can usually find the date at the end of the planning permit – also included is a time frame – or grace period – of when you can apply for the extension of time.

Once you have exceeded this grace period, you will have no choice but to reapply for a new planning permit, as the existing planning permit will be regarded as expired. If that happens, you will not be granted an extension of time.

When Should you Apply for an Extension of Time?

Given the length of time it would take the council to review your application, it is strongly advised that you submit your request for a planning permit extension close to the time it would expire. This will allow you to plan your project accordingly and avoid wasting additional time and money.

However, if you are concerned that the extension will not be granted or that the grace period will not be indicated in your planning permit, it is better to apply for an extension of time well before the expiry date. This ensures you still have time to take action to keep the permit from expiring if your application is denied. Otherwise, your only option will be to reapply for a new planning permit, potentially changing the proposal to respond to the reasons that the extension was refused.

If you think you will not be able to start or complete your development project within the time limit specified in the planning permit, you should inform the council as soon as possible. With the help of expert town planners in Melbourne, you may be able to convince the council to grant you an extension of time.

How Do I Apply for an Extension of Time?

Speak With Your Local Council

While most councils have online information and forms for permit holders to complete in order to request an extension of time, the information and forms vary widely according to councils so you are recommended to contact your local council to find out their specific process before preparing for the application. It is best to note that since this is not a state-controlled application, the applicable fee is also set by each council – so, that will vary as well.

Explain Why you Need the Extension

Planning permits and building permits - Nillumbik Shire Council

You will be required to submit an Extension of Time to a Planning Permit request form to your local council. At this point, you will be required to explain why you need an extension of time for your development project. While you are at it, it will be good to highlight when you may be able to start or complete your project if this extension of time is granted.

Council Will Assess Your Request

Your submitted request will then be considered by the council while being mindful of three things in particular:

  • How many extensions of time have been granted previously?
  • Have there been any changes to the planning scheme – for example, zone changes and local planning policies, among others – that affect this original decision?
  • Has the development project commenced?

Local councils are also mindful of the significant effects of the Covid-19 pandemic – which some developers are still affected by – and may take that factor into account when deciding on granting an extension of time.

The councils might also be in favour of granting an extension of time if your development project has already made significant progress to ensure it gets completed as soon as possible. It is generally considered to be more orderly to allow a development that has been significantly built to be completed rather than have it remain unfinished for a long period of time.

Council Will Make a Decision

The final step is to receive the council’s decision. If they approve your request for an extension of time, you can continue your development project. It is important that you keep the record of your extension along with your original planning permit, as you will not be issued a newly dated planning permit.

However, if the council refuses your extension of time application, you can apply to the Victorian Civil and Administrative Tribunal (VCAT) to review your case. If the VCAT denies your extension, your application lapses and you will be required to reapply for a new planning permit.

Seek Professional Assistance

The information contained in this article should be considered as a reference only and is not a substitute for professional advice. It is best that you consult experienced town planners or land surveyors in Melbourne for expert advice and guidance tailored to your locality, development project, and situation.