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New Writing Planning Permits Guide

Ellen McSweeney and Karmen Markis
The Department of Transport and Planning has recently released a new “Writing Planning Permits” guide (May 2023), replacing the guide originally published in 2003.

The guide goes through:

  • how to structure a permit;
  • describing the land;
  • writing effective and lawful conditions;
  • specific type of permit conditions (such as for Bushfire Planning or Subdivision);
  • how long a permit a permit lasts;
  • plans approved and endorsed under a permit;
  • how to change a permit; and
  • when to use and include notes on a permit.

    The guide suggests that practitioners adopt a simple, “what”, “when” and “how approach” when drafting permit conditions and helpfully provides an appendix with 53 pages of example permit conditions.

    It gives best practice guidance and advice on other planning concepts such as “to the satisfaction of” and secondary consent based on established planning principles derived from decisions of the Supreme Court and the Victorian Civil and Administrative Tribunal.

    A copy of the guide can be found here.

    How can we help?

    If you have any queries regarding drafting and interpreting planning permit conditions or planning law issues, please contact Russell Kennedy’s Planning, Environment and Government Practice Group.
  • Please contact our Statutory Building and Prosecution Team should you require any further advice: Daniel SilfoIan PridgeonMarcus HeathElizabeth Flanagan, Karmen Markis and Ellen McSweeney.

    If you’d like to stay up to date with any of Russell Kennedy's mailing lists, please sign up here.

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