Apply to amend planning permit (section 72 or secondary consent)

What is a Secondary Consent and Section 72 amendment?

After receiving a permit and having your plans endorsed, you may decide to make changes to the endorsed plans.

You can make a secondary consent amendment if the changes are minor.

If the changes are more significant, you may require a Section 72 amendment.

A Section 72 application follows a similar to a new permit application - this means it may include public notification and the opportunity for people to submit objections.

 

Secondary Consent amendments

When should you use a secondary consent amendment? 

You can use a secondary consent amendment: 

  • after the issuing of a permit 

  • if the permit contains the condition, “The development as shown on the approved plans must not be altered without the written consent of the Responsible Authority.” 

  • if we’ve endorsed the plans under the permit 

  • if the permit hasn’t expired 

  • if the proposed changes are minor and meet the relevant secondary consent ‘tests’. 

 

What are the secondary consent ‘tests’? 

A secondary consent amendment is only for minor changes to plans after approvals. It does not require public notification. 

You will need to meet the following ‘tests’ to qualify for a secondary consent amendment: 

  • It doesn’t result in the transformation of the proposal. 

  • It doesn’t introduce something where we require additional approval or assessment under the planning scheme. 

  • It’s of no consequence having regard to the purpose of the assessment of planning controls after the granting of the original planning permit. 

  • It’s not contrary to the wording, conditions or both on the planning permit. 

You will need a section 72 amendment if you don’t meet the ‘tests’. 

Contact us if you’re having trouble understanding if your changes meet the tests. 

 

Examples of changes we will consider under secondary consent

Some of the following common changes we’ll consider under secondary consent includes the following: 

  • Internal floor plan reconfigurations that don’t impact the exterior appearance or windows of the building. 

  • Amendments to landscaping that don’t impact any permit conditions. 

  • Adding a small verandah or pergola. 

  • Adding a low-scale fence, depending on the planning controls. 

  • Changes to the colours or materials on external walls, features or both, to a building.

 

How much does it cost?

You will need to pay a fee for a secondary consent amendment. 

Find out how much it costs

 

How to apply

  • Search for your Permit on the Planning Applications Portal 

  • Select Secondary Consent amendment from the list of available actions for Planning Permit applicant 

Online lodgement of Secondary Consent Amendments may not be available for Permits issued before July 2017. If this option is not available, contact us or email PlanningApplications@manningham.vic.gov.au to obtain a manual application form. 

 

How to pay

When a secondary consent amendment request is lodged: 

  • A Planning Officer will undertake a preliminary assessment to determine whether your changes are eligible to be considered through the secondary consent amendment process.  

  • Once a request is determined to be eligible, an invoice for payment by credit card, BPay or Post BillPay will be emailed to the applicant. 

  • Otherwise, you may receive advice requiring you to relodge your request as a Section 72 Amendment. 

This preliminary assessment process may take one to two weeks. 

Section 72 Amendments

 

What changes can you include in a section 72 amendment? 

Section 72 of the Planning and Environment Act 1987 provides the legislative framework for the amendment. 

A section 72 amendment to a permit can include: 

  • a change or addition to the land use that the permit approved 
  • a change to the property address to which the permit applies 
  • a change to the plans, other documents or both, endorsed under the permit 
  • a change to the wording of the permit such as the proposal description or conditions. 

The following changes must be a Section 72 and cannot be considered under Secondary Consent:

  • changes to the permit conditions 
  • changes to the permit description 
  • changes to windows that’s visible to neighbours 
  • noticeable building setback or height changes 
  • any changes impacting off-site amenity to adjoining properties. 

 

What you will need for a Section 72 amendment 

If you are applying for a section 72 amendment application, you will need: 

  • a recently searched full copy of Certificate of Title from Landata 
  • a cover letter detailing your proposed changes 
  • a summary in writing of the reasons why you’re requesting the amendments 
  • an electronic copy of your revised plans 
  • pay the application fee. 

 

How to lodge

Choose from the options below to start your application:

Upload, apply and pay now

Payment can be made online by credit or debit card

Upload, apply and pay later

Receive an invoice to pay by credit card, BPAY or PostBillPay after the application is lodged. This invoice may be forwarded to a third party for payment