Construction site

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.

    View related insights

    City Planning Thumbnail

    New Ministerial Directions for ICPs and DCPs

    1 Sep 2026

    On 7 August 2026, the Minister for Planning gazetted new Ministerial Directions for Infrastructure Contributions Plans (ICPs) and Development Contributions Plans (DCPs). The new ICP ...

    View
    Waste Duties for Notifiable Incidents and Pollution Incidents

    Victoria’s Duties for Notifiable Incidents and Pollution Incidents | Waste and Resource Recovery

    24 Jun 2026

    The Environment Protection Act 2017 (Vic) provides a prevention focused, duty based regulatory scheme, including the duty to notify the Environment Protection Authority of a notifiable incident and th ...

    View
    vacant residential land

    VRLT notifications due soon – what do Victorian landowners need to do next?

    6 Feb 2026

    Victorian landowners face an important deadline, with Vacant Residential Land Tax (VRLT) notifications due by 15 February 2026 for any residential land that may have been vacant during 2025.

    View