It is good practice to encourage council planners to use plain English to explain the basis of the assessment and the recommendations submitted for a council decision. Councillors should always ask a council planner to explain the report and recommendation if it is unclear. If the councillors do not understand the information, it is very unlikely the community will. The success of the planning system relies on a co-operative relationship between council planners and the council as a collective body.
• Display of signs. A planning permit is concerned with the location of a proposed use and/or development and its impacts on neighbouring land, the neighbourhood and the streetscape. A building permit authorises the construction or demolition of a building or structure if it complies with the Building Regulations 2006 and the Building Act 1993. A building permit cannot be acted upon if any planning permit is required under the planning scheme but has not been obtained. A building permit ensures that minimum standards of safety and construction are complied with, that a single dwelling is sited appropriately on its lot, that properties on abutting land are protected during construction, that the building will have adequate light and ventilation, and that the lot and the development will be adequately drained. If a proposed building complies with the building regulations, a building permit will be issued. The building surveyor issues the building permit, after confirming compliance with the building regulations. The building regulations are the only matters that the building surveyor is required to consider before issuing the building permit. The building approval system has been privatised which means that a private building surveyor or municipal building surveyor issues the building permit. The council is not necessarily involved in the issue of a building permit. A private building surveyor must lodge a copy of the building permit with council within seven days of issue. If a planning permit is required: • The building permit cannot be issued until the planning permit has been issued • The building permit must be consistent with the planning permit. What is built must be: • Consistent with the building permit, and • Consistent with the planning permit, if a planning permit is required, as well as a building permit. There is no basis for intervention by a council or councillor in a building matter that does not require a planning permit if: • The building complies with the building regulations • A building permit has been issued, and • The ‘as-built’ building is consistent with the building permit. The distinction between a building permit and a planning permit is confusing for the general public and it can be difficult to find out if a concern is a planning or building matter. If a complaint arises and the facts about a complaint are not known, a councillor may unwittingly give incorrect advice. The matter should be referred to the council planning or building department for clarification. You are not expected to know everything. For more information about the building approval system in Victoria go to: The Victorian Building Authority website at