Hi everyone,
I'm asking on behalf of my mate who now thanks to the FHOBG increase is looking and building a house.
He's gone through, and then asked me to go through the Council Planning Scheme, we know the overlays are TZ, ESO1 and DDO2, and that while it has no bushfire overlay it's considered to be a bushfire prone area.
Also, he knows that a septic system is required and has had the LCA (Land Capability Assesment) done.
The council have said he needs to pay $1200+ to apply for a planning permit and $750 for a permit to install a septic system. (Not questioning the permit to install a septic system).
According to the Councils Planning Scheme and applicable overlays, there's no need for a Planning Permit to construct a single dwelling provided certain conditions can be met, and the LCA shows that they can be met.
TZ: Permit is not required for a dwelling: "If reticulated sewerage is not available, all wastewater from each dwelling must be treated and retained within the lot in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970."
ESO1: Permit is not required for: "The construction of a dwelling in the any of the General Residential Zone, Neighbourhood Residential Zone, Low Density Residential Zone, Township Zone or Rural Living Zone where the dwelling is not connected to reticulated sewerage but the proposal complies with the following: · it has been demonstrated to the satisfaction of the responsible authority and the relevant water authority that the lot can contain effluent in accordance with the requirements and provisions of the State Environment Protection Policy (Waters of Victoria) and the provisions of the “Septic Tanks Code of Practice”, and · the building and its septic tank effluent absorption area are not located within 100 metres of a waterway or upstream of a dam or wetland, and · no stormwater is discharged less than 100 metres from a waterway unless into an approved drainage system."
DDO2
"2.0 Buildings and works
Exemption
A permit is not required to construct a building or to carry out works where all external
walls and roof areas are clad with non-reflective materials."
I called the council a few weeks ago to confirm and neither windows nor solar panels are considered reflective cladding for the purposes of this overlay.
So the question is why is he being instructed to pay and submit a planning application despite the Planning Scheme stating no permit is required? Also, without submitting a planning application how does he demonstrate the planned works meet the requirements?
Would there be any point submitting the planning application without paying the fee, but submitting and paying for the permit to install a septic system at the same time?
Thanks for taking the time to read this, sorry it's a bit long but hopefully, someone can answer this
I'm asking on behalf of my mate who now thanks to the FHOBG increase is looking and building a house.
He's gone through, and then asked me to go through the Council Planning Scheme, we know the overlays are TZ, ESO1 and DDO2, and that while it has no bushfire overlay it's considered to be a bushfire prone area.
Also, he knows that a septic system is required and has had the LCA (Land Capability Assesment) done.
The council have said he needs to pay $1200+ to apply for a planning permit and $750 for a permit to install a septic system. (Not questioning the permit to install a septic system).
According to the Councils Planning Scheme and applicable overlays, there's no need for a Planning Permit to construct a single dwelling provided certain conditions can be met, and the LCA shows that they can be met.
TZ: Permit is not required for a dwelling: "If reticulated sewerage is not available, all wastewater from each dwelling must be treated and retained within the lot in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970."
ESO1: Permit is not required for: "The construction of a dwelling in the any of the General Residential Zone, Neighbourhood Residential Zone, Low Density Residential Zone, Township Zone or Rural Living Zone where the dwelling is not connected to reticulated sewerage but the proposal complies with the following: · it has been demonstrated to the satisfaction of the responsible authority and the relevant water authority that the lot can contain effluent in accordance with the requirements and provisions of the State Environment Protection Policy (Waters of Victoria) and the provisions of the “Septic Tanks Code of Practice”, and · the building and its septic tank effluent absorption area are not located within 100 metres of a waterway or upstream of a dam or wetland, and · no stormwater is discharged less than 100 metres from a waterway unless into an approved drainage system."
DDO2
"2.0 Buildings and works
Exemption
A permit is not required to construct a building or to carry out works where all external
walls and roof areas are clad with non-reflective materials."
I called the council a few weeks ago to confirm and neither windows nor solar panels are considered reflective cladding for the purposes of this overlay.
So the question is why is he being instructed to pay and submit a planning application despite the Planning Scheme stating no permit is required? Also, without submitting a planning application how does he demonstrate the planned works meet the requirements?
Would there be any point submitting the planning application without paying the fee, but submitting and paying for the permit to install a septic system at the same time?
Thanks for taking the time to read this, sorry it's a bit long but hopefully, someone can answer this
