All land use and development is regulated by the planning scheme. Every activity is classified into a use category and/or zone that determines whether approval is exempt, no permit required, permitted, discretionary or prohibited.

How the planning scheme classifies your proposal

Each zone has a Use Table that says whether a particular use is No Permit Required, Permitted, Discretionary or Prohibited. The scheme also lists exemptions. Your proposal falls into one of five categories:

Exempt

Section 4 of the planning scheme lists activities that are exempt from planning approval. Council staff can offer limited advice on whether an exemption applies. If exempt from planning, you may still need building or plumbing approval.

No Permit Required

Your proposal is ‘No Permit Required’ if the use has that status in the Use Table for the relevant zone and the proposal complies with all Acceptable Solutions from the relevant zone and any applicable codes.

Lodge a No Permit Required application with supporting plans and documents if you’d like Council to confirm and record your proposal as No Permit Required. A house in the General Residential or Low Density Residential zones is often No Permit Required if it complies with all standards.

Permitted

Permitted means the use has that status in the Use Table and the proposal complies with all Acceptable Solutions and codes. We must issue a planning permit (with or without conditions) for a Permitted use.

Discretionary

A Discretionary application is required when:

• The proposed use is listed as Discretionary in the Use Table, OR
• The proposed use is No Permit Required or Permitted, but the proposed development does not meet all relevant Acceptable Solutions in the zone or an applicable code — in which case one or more Performance Criteria must be tested.

Discretionary applications can be approved or refused based on whether they satisfy all relevant scheme provisions. If a Performance Criterion is not satisfied, the application must be refused. Discretionary applications are publicly exhibited for 14 days, advertised in a newspaper and on the property boundaries, and notified to adjoining owners.

Prohibited

Prohibited means the use cannot be undertaken in the zone as stipulated in the Use Table — the application cannot proceed.

How to read the planning scheme

Each zone and code contains a number of Standards. Each Standard has an Objective and one or more Acceptable Solutions and Performance Criteria. Acceptable Solutions and Performance Criteria are two different and alternative ways of meeting the Standard.

• An Acceptable Solution is an objective, measurable test.
• A Performance Criterion is performance-based and subject to judgment, which means it requires discretionary decision-making by the Planning Authority.

If you cannot meet every relevant Acceptable Solution, you must make a discretionary application and seek approval on the basis that you satisfy the relevant Performance Criteria. Sometimes the scheme states ‘No Acceptable Solution’ (the Performance Criterion still applies) or ‘No Performance Criterion’ (the Acceptable Solution must be met).

Council meetings

Applications go to a Council Meeting when a discretionary application receives representations or is recommended for refusal. The Councillors consider a report and recommendation and make the determination.