Planning Guides, Resources and Fees

Planning permits and building permits are different. They are controlled by different laws and regulations. If you are planning to use or develop a piece of land in Pyrenees Shire, you may need a planning permit, building permit, or both.

Planning permits relate to the use and development of land for a specific proposal whereas building permits relate to the construction or alteration of a building (or buildings), as well as their structural safety and amenity.

Every property is zoned to provide rules as to how the land can be used or developed. A property generally only has one zone. Some properties also have Overlay controls. Overlay controls may protect heritage or show areas that require special considerations, like those prone to fire or flooding. Both the Zone and the Overlay may detail the permit requirements. You can confirm the relevant Zones and Overlay at VicPlan - https://mapshare.vic.gov.au/vicplan/

The primary purpose of the Farming Zone is to ensure that non-agricultural uses, including dwellings, do not adversely affect the use of land for agriculture. Depending on the size of the lot and its location on the land, a planning permit may be required to construct a dwelling in a Farming Zone. Dwellings under minimum lot sizes in the Farming Zone are unlikely to be supported by Council unless a full planning justification, including an adequate farm plan, is presented for the construction of a dwelling.

Information can be found here – Dwellings in the Farming Zone(PDF, 104KB)

If you wish to change the zone to your land, you need to request a rezoning from Council. Rezoning must follow a particular process and has to be approved by the Minister for Planning. Rezoning is treated as an amendment to the Pyrenees Planning Scheme.

Zones apply to land are based on assessments that include consideration of the surrounding land use, patterns of developments and environmental characteristics. If you wish to rezone your land, you will be required to justify why an Amendment to the Planning Scheme should be changed.

Information can be found here – Planning Scheme Amendment(PDF, 91KB)

When proposing to build a new fence, there may be a requirement for a Building and/or Planning Permit. Prior to applying, it is important to discuss the proposed fence with any neighbours who share the same boundary.

Common reasons that require a Planning Permit for a fence include:

• the fence is in an area where heritage controls apply
• the fence is in a flooding zone or overlay

Please note: Regulations concerning the cost sharing of boundary fences is a civil matter and is outside Council’s jurisdiction. You will find further support at www.disputes.vic.gov.au

If a shed is proposed on a lot without a dwelling, this may be classified as another form of land use such as a store which:

• may be prohibited by the zone; or
• may require you to have a planning permit.

Living in a shed is often seen as a cost‐effective and practical option while building a house. However, it is illegal to occupy a shed or garage for residential purposes unless Building and Planning Permit approvals have been obtained to construct a permanent residence on the site. Any shed proposed to be used for temporary accommodation would also need to comply with the Building Code requirements for residential buildings. Residential buildings require a higher standard of construction and significant and costly upgrade works will usually be required.

A planning permit is required in most cases to subdivide land. You will need to engage a licensed land surveyor to first prepare a plan of subdivision. This is the formal plan submitted with your planning permit application and eventually your certification application.

Information can be found here – Subdivision Process(PDF, 103KB)

Shipping containers are treated much the same as sheds. You may need a planning and/or building permit to use a shipping container. This includes for:

• personal storage
• commercial purposes
• farm or machinery storage
• habitable purposes

Information can be found here – Shipping Containers(PDF, 92KB)

To use the land commercially to provide land for camping, a planning permit may be required. Land used to allow accommodation in caravans, cabins, tents, or the like is defined as a Camping and Caravan Park. Certain Zones may require a planning permit for this type of accommodation.

Information can be found here – Camping on Private Property(PDF, 83KB)  

The Victorian Government has made it easier to build a small second home in residential and rural areas across Victoria. To make it easier to build a small second home, otherwise known as a small second dwelling, the Victoria Planning Provisions, all planning schemes, and the Building Regulations have changed.

A Small Second Dwelling is defined as:

A building with a gross floor area of 60 square metres or less, on the same lot as an existing dwelling and used as a self-contained residence, which must include:

a) a kitchen sink;

b) food preparation facilities;

c) a bath or shower; and

d) a toilet and wash basin.

In most cases, a small second dwelling will not require a planning permit; however, a building permit is always required. You should apply for Written Advice to confirm planning requirements.

Application for Written Advice - https://pyrenees.greenlightopm.com

Information can be found here – Small Second Dwellings(PDF, 93KB)  

A Section 173 Agreement is a legal agreement made between Council and the landowner under Section 173 of the Planning and Environment Act 1987. In some cases, a third party, such as a referral authority, may be involved in an agreement.

A Section 173 Agreement may be required by Council in a planning permit to set out requirements or restrictions on the property for current and future landowners

Example scenarios where it may be used include to:

• protect native vegetation
• restrict development to within an approved building envelope
• prevent development in an approved building exclusion zone
• ensure land is developed according to a planning permit
• secure planting to compensate for approved removal of native vegetation
• prevent the further subdivision of land.

Agreements are prepared by a solicitor, and all costs through to the registration of the agreement are to be met by the applicant.

A planning permit is not required to operate a home based business if all the requirements of Clause 52.11 of the Pyrenees Planning Scheme - https://planning-schemes.app.planning.vic.gov.au/Pyrenees/ordinance/52.11

If these requirements cannot be met, then a planning permit is required.

A Planning Permit may be required if you wish to remove or prune trees. It is important you talk to Council before you remove any vegetation. More information on Exemptions from requiring a planning permit to remove, destroy or lop native vegetation(PDF, 873KB) .

Council encourages all plans be drawn by an architect or draftsperson and be of a professional standard. These plans will also be required for your building permit in most cases. Plans must include all the required information and be drawn to scale.

For further information about the requirements when preparing plans to be lodged, please review these sample plans.

• Example of a Site Plan(PDF, 134KB)
• Example of a Floor Plan(PDF, 125KB)
• Example of an Elevation Plan(PDF, 274KB)

What are Existing Use Rights?

Existing use occurs when your land is being used in a legal way, either with an approved permit or an approved use where a permit is not required, and the planning controls now in place prohibit that use.

How do I know if my property has Existing Use Rights?

Existing use rights apply to the land, not the owner, and it is up to owner of the property to prove that they apply.

Any works to properties with existing use rights require a planning permit and must comply with current planning requirements.

The Pyrenees Planning Scheme outlines an existing use may be established in one of the following ways:

• The use was lawfully carried out immediately before the approval date.
• A permit for the use had been granted immediately before the approval date and the use commences before the permit expires.
• A permit for the use has been granted under Clause 63.08 and the use commences before the permit expires.
• Proof of continuous use for 15 years is established under Clause 63.11.
• The use is a lawful continuation by a utility service provider or other private body of a use previously carried on by a Minister, government department or public authority, even where the continuation of the use is no longer for a public purpose.

How do I prove Existing Use Rights?

The easiest way to claim existing use rights is by proving that the use has been continuous for 15 years.

This will involve producing a combination of historical information, such as:

• permits (including endorsed plans) that have been issued for the land
• utility and/or insurance records
• records from old editions of the white or yellow pages
• photographs (including aerial photography)
• observations made by our staff (photographs)
• statements from existing and previous owners or occupiers detailing how the land has been used.

You must prove that this use was continuous. It is important to note that existing use rights apply to the specific use of the land but not the development of the land.

Can I lose Existing Use Rights?

Yes. The protection of existing use rights is lost if the use of the land has stopped for:

• a continuous period of two years
• two or more periods which together total two years in any period of three years
• in the case of seasonal use, two years in succession.
• If the land is being used for the same purpose, but the activity on the land has decreased, the use is taken to be still occurring.

You can also lose existing use rights if you change the purpose for which the land is used (unless the new use is additional to and related to the existing use).