Object to a Planning Permit

Our planning team is not allowed to advise on what you should and should not object to, but some of the most common objections include:

• overshadowing
• privacy or overlooking windows
• noise impacts associated with the proposed use
• removal of Significant Trees from the neighbourhood
• neighbourhood character
• visual bulk.

There are some issues that cannot be taken into consideration, such as:

• loss of property value
• commercial competition
• type of residents that will occupy new dwellings (tenants vs. owner/occupier)
• too many units in the area
• increased pollution from vehicle
• asbestos

If you feel you are affected by the proposal, you can submit an objection to the planning application. We will also accept letters of support in relation to planning applications.

Your objection must be submitted in writing, include the reasons for the objection and state how the proposal affects you and include all relevant contact details for Council to consider. 

Application assessment for townhouse & low-rise code (Clause 55)

Clause 55 relates to two or more dwellings on a lot and residential buildings from one to three storeys.

Exemption for third party review (VCAT appeal), under section 80(1)

For planning permit applications proposing two or more dwellings on a lot and assessed under Clause 55 of the Kingston Planning Scheme, please note that where all the applicable standards are met, there will be no third party right of appeal (objector appeal to the Victorian and Civil Administrative Tribunal [VCAT]).

These applicable standards relate to:

• 55.02 – All Neighbourhood character standards (street setback, building height, side and rear setback, walls on boundaries, site coverage, access, tree canopy, front fence)
• 55.04-1 - Daylight to existing windows
• 55.04-2 - Existing north-facing windows
• 55.04-3 - Overshadowing secluded open space
• 55.04-4 - Overlooking
• 55.05-2 - Overshadowing domestic solar energy systems

If a person believes there has been an error or misstatement of facts with the applicants plans/supporting documentation, this should be detailed in any objection lodged with Council. The relevant planning officer will then determine if there is any shift in the application's deemed to comply status and parties will be notified accordingly. 

You will receive a letter or email within 10 working days, formally acknowledging receipt of your submission.

You may be invited to a Planning Consultation Meeting at the City Development Office.

All objectors will be notified of Council's final decision.

If we decide to grant the permit, you can appeal the decision. Details of the appeal procedures are set out on the back of the Notice of Decision you will receive. An appeal must be made on a prescribed form (obtainable from the VCAT website) and accompanied by a fee. A copy of this form must also be given to Council.

If we refuse the application, the applicant can also appeal. The provisions are set out on the Refusal of Planning Application which will be issued and forwarded to all parties.

A planning consultation meeting takes place when a planning permit application receives six or more objections, or a meeting is specifically requested by an objector.

Purpose

• We host the meeting to bring the applicant and objectors together with Council’s planning officers to better understand the objector’s issues.
• The Ward Councillor usually attends to listen.
• There is no final decision made at this meeting. A decision is made some time after the meeting once planning officers have made a full assessment.
• General agreement can be reached for certain planning issues when there is common ground.

Ground rules

• The meeting is for planning issues and not other matters.
• All persons must be respectful and polite.
• Please keep to these rules or we may have to cancel the meeting.

When is it held?

• Usually between 5pm and 6pm, Monday to Thursday.
• Either on the Zoom or a Microsoft Teams platform.
• Any person can access the Zoom or the Teams platform using their PC web browser.