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Flowchart

I’ve put together a draft guide on the council planning process. Please don’t hold me to the complete accuracy of it. I’ve just done it to try to explain the quite complex process when residents object to a planning application.

1 objection
1 objection
2 or 3
objections
2 or 3…
4 or more
objections
4 or more…
How many objections?
How many objections?
Decision made by council planning department
Decision made by council planning…
decision to approve
decision to approve
decision to refuse
decision to refuse
Decision made at public council meeting by elected councillors
Decision made at public council meet…
Recommendation made by council planning department
Recommendation made by council plann…
Meeting between applicant and objectors
Meeting between applicant and object…
residential
residential
non-residential
non-residential
Type of application?
Type of application?
Yes
Yes
Decision appealed by objectors?
Decision appealed by objectors?
Yes
Yes
Decision appealed by applicant?
Decision appealed by applicant?
Victorian Civil Appeals Tribunal
(VCAT)
Victorian Civil Appeals Tribunal…
Final decision
Final decision
Yes
Yes
Decision appealed by applicant?
Decision appealed by applicant?
Application received
Application received
Advertise the application:
newspapers
letterbox drop
Advertise the application:…
Council receives objections
Council receives objections
Council receives objections
Council receives objections
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Note that many times council refuses an application, yet the application is approved by VCAT, examples:

Each time council defends its decision to refuse at VCAT, it costs around $10K in legal fees.

Overshadowing

The September Equinox is the measure that is used in Victoria (ResCode) to determine overshadowing impacts in residential areas. It is used as it represents the ‘middle point’, between the worst case shadow scenario (winter) and the best case shadow scenario (summer).