Victorian Current Acts

PLANNING AND ENVIRONMENT ACT 1987 - SECT 47

    (1)     If a planning scheme requires a permit to be obtained for a use or development of land or in any of the circumstances mentioned in section 6A(2) or for any combination of use, development and any of those circumstances, the application for the permit must—

        (a)     be made to the responsible authority in accordance with the regulations; and

S. 47(1)(ab) inserted by No. 40/2014 s. 31(1).

        (ab)     if the permit is required to undertake development, state the estimated cost of the development for which the permit is required; and

S. 47(1)(b) amended by No. 35/1995 s. 3(2).

        (b)     be accompanied by the prescribed fee; and

S. 47(1)(c) inserted by No. 35/1995 s. 3(2), amended by No. 100/2000 s. 6.

        (c)     be accompanied by the information required by the planning scheme; and

S. 47(1)(d) inserted by No. 100/2000 s. 6.

        (d)     if the land is burdened by a registered restrictive covenant, be accompanied by a copy of the covenant; and

S. 47(1)(e) inserted by No. 100/2000 s. 6.

        (e)     if the application is for a permit to allow the removal or variation of a registered restrictive covenant or if anything authorised by the permit would result in a breach of a registered restrictive covenant, be accompanied by—

              (i)     information clearly identifying each allotment or lot benefited by the registered restrictive covenant; and

              (ii)     any other information that is required by the regulations.

S. 47(1A) inserted by No. 40/2014 s. 31(2).

    (1A)     If the application is a leviable planning permit application, the applicant must, at the same time as making the application, give the responsible authority a current levy certificate in respect of the development for which the permit is required that states an estimated cost of the development that is equal to or greater than the estimated cost of the development stated in the application.

S. 47(1B) inserted by No. 40/2014 s. 31(2).

    (1B)     If an applicant fails to comply with subsection (1A), the application is void.

S. 47(2) inserted by No. 48/1991 s. 61(1)(c).

    (2)     Sections 52 and 55 do not apply to an application for a permit to remove a restriction (within the meaning of the Subdivision Act 1988 ) over land if the land has been used or developed for more than 2 years before the date of the application in a manner which would have been lawful under this Act but for the existence of the restriction.