Reasons to Apply for a Planning Permit

A planning permit may be required if you want to build a new dwelling. 

Large areas of the Alpine Shire are covered by a Bushfire Management Overlay, which requires land owners to obtain a planning permit before being allowed to build a dwelling on their property. The Country Fire Authority has online resources with details on how this process works and why it matters. You will also need a permit if your property is in a:

• Significant Landscape Overlay (SLO);
• Heritage Overlay (HO);
• Environmental Significance Overlay (ESO); or
• Land Subject to Inundation Overlay (LSIO).

Substantial limitations also apply when seeking to build a dwelling on a property located in the Farming Zone that does not meet the minimum land size requirements listed in the provisions of the zone. The farming zone and associated land use strategies are specifically designed to restrict residential development. 

Information about covenants and restrictions appears on title documents and are not administered by Council. Title documents for your property are available to purchase from LANDATA.

Not sure what applies to your property? Use VicPlan to generate a free planning property report showing the zones and overlays that affect your land, or contact our planning team to discuss your proposal before you start.

You may need a planning permit if you are renovating or extending your dwelling. 

Most standard internal renovations, such as repainting, replacing flooring, or updating a kitchen, do not require a planning permit. However, a permit is likely to be required for external works or extensions if your property is affected by an overlay.

A planning permit is required for external alterations, extensions, or new structures if your property is in any of the following overlays:

• Bushfire Management Overlay (BMO): applies to the majority of properties in Alpine Shire. A planning permit is required for most buildings and works. This does not apply to extensions that increase the floor area of a single dwelling by less than 50% or for outbuildings not used for accommodation that have a floor area of less than 100 square metres.
• Heritage Overlay (HO): applies to properties and precincts in towns including Bright, Wandiligong, Harrietville and parts of Myrtleford. A planning permit is required for most external works, demolition, and new construction. Internal alterations generally do not require a permit unless the schedule to the overlay specifies otherwise.
• Significant Landscape Overlay (SLO): a planning permit may be required for buildings and works that are visible from public areas or that affect the landscape character of the area.
• Land Subject to Inundation Overlay (LSIO): a planning permit is generally required for buildings and works in flood-prone areas.
• Environmental Significance Overlay (ESO): a planning permit may be required for works near waterways or in areas of environmental sensitivity.

Existing planning permit conditions on your property may also require further approval before works are carried out. Check your planning permit if one has previously been issued for the property.

Even where a planning permit is not required, a building permit is likely to be needed for structural works such as extensions, decks, and carports. A planning permit and a building permit are separate documents and you may need both.  Advice on building permits can be obtained from Council's building services staff or a private building surveyor.

You always need a planning permit to build more than one dwelling on a lot. A dwelling includes a house, unit, or townhouse.

The number of dwellings you can build depends on the zoning of your land, environmental limitations and the design of your development. 

There is no formula of dwelling numbers per lot size. It's not about how many dwellings could fit on a lot, but whether or not the proposal meets the requirements of the Alpine Planning Scheme, including Townhouse and Low-Rise Code (Clause 55) for two or more dwellings.

Applications for two or more dwellings are assessed against the Townhouse and Low-Rise Code (Clause 55), which sets out a range of standards across four areas: neighbourhood character, liveability, external amenity, and sustainability. If a development meets all of the applicable standards, it is considered 'deemed to comply,' which streamlines the assessment process and limits third-party appeal rights:

Neighbourhood character

• Street setbacks and how the building relates to the streetscape
• Overall building height
• Side and rear setbacks from neighbouring properties
• Walls built on or close to property boundaries
• Total site coverage and garden area
• Vehicle access, driveway width, and on-site car parking
• Tree canopy coverage requirements
• Front fence height

Liveability

• The mix of dwelling sizes and bedroom numbers
• The amount, dimensions, and solar access of private open space for each dwelling
• Functional internal layout, including storage and bedroom sizing
• Accessible and clearly identifiable entry points for each dwelling

External amenity (impacts on neighbours)

• Daylight to existing windows on neighbouring properties
• Protection of north-facing windows on neighbouring properties from overshadowing
• Overshadowing of neighbouring secluded private open space
• Overlooking into neighbouring habitable rooms and private open space
• Internal views between dwellings within the same development

Sustainability

• Stormwater permeability and on-site stormwater management
• Overshadowing of neighbouring rooftop solar energy systems

The slope of the land, site orientation, and any applicable overlay requirements (such as the Bushfire Management Overlay or Heritage Overlay) will also significantly influence what can be designed and approved. We recommend engaging an experienced architect, building designer, and/or town planner before progressing your proposal.

Once you have a set of plans, we encourage you to request a pre-application meeting with a Council planner. This will help run through the process and allow for early advice on potential issues that need to be considered.

If you seek to divide land or a building into two or more separate lots, this is called subdivision. Subdivision does require a planning permit.

In most instances, we can only offer speculative advice on the viability of a site for subdivision because of the complex nature of planning controls. If you are interested in subdividing your property, it is recommended that you engage the services of a planning consultant or land surveyor. 

You can find a land surveyor through the Association of Consulting Surveyors Victoria. We are unable to recommend a land surveyor and must remain impartial as part of our duties in assessing your proposal. 

If your property is in a Farming Zone, then it is unlikely that a subdivision will be supported unless there are demonstrable and verifiable agricultural benefits.

If you are subdividing your backyard or a vacant lot of urban land, you may be required to demonstrate that the development of a dwelling meeting all required standards can be achieved on the lots you seek to create. It is often simpler to first seek a planning permit application for a multi-dwelling development before seeking to subdivide. This will make your subdivision application simpler.

Once a planning permit for subdivision is granted, there are several additional steps and requirements to satisfy before the subdivision can be registered and new titles issued. These commonly include the provision of services and public works, public open space contributions and stormwater management infrastructure.

Most urban properties in Alpine Shire are in the General Residential Zone or Township Zone. Whether a planning permit is required for an outbuilding (shed, carport etc) in these zones depends on whether there is an existing dwelling, the size of the lot, and whether any overlays apply to the property.

In residential zones, a shed proposed on a lot without an existing dwelling is generally considered a "store" use, which is prohibited. A shed cannot be built as the primary or only structure on an urban lot.

It is illegal to occupy a shed, garage, or outbuilding for residential purposes, regardless of its size or construction standard. Any structure proposed for temporary accommodation must comply with the National Construction Code requirements for residential buildings, which require a substantially higher standard of construction.

The size and location of a shed may trigger a requirement to obtain a planning permit under various overlays. check your property's planning controls using VicPlanor contact our planning team to confirm what applies to you.

Rural properties in Alpine Shire are commonly in the Farming Zone or Rural Conservation Zone. It is important to distinguish between two types of sheds, as different rules apply to each.

Agricultural sheds (farm sheds used for the storage of vehicles, machinery, equipment, produce, or livestock associated with a farming enterprise) are generally permitted in the Farming Zone without a planning permit, subject to setback thresholds set out in the Farming Zone provisions. Overlay controls may also trigger a planning permit requirement.

Domestic sheds (storage sheds or garages associated with a dwelling for private, non-agricultural use) are subject to planning permit requirements that include limitations to floor areas and setback thresholds set out in the Farming Zone provisions. Overlay controls may also trigger a planning permit requirement. A planning permit is more likely to be required for a domestic shed than an agricultural shed.

A building permit is required for most shed construction regardless of whether a planning permit is needed. If both permits are required, the planning permit must be obtained first.

It is illegal to occupy any shed, farm building, or outbuilding for residential purposes, regardless of its size or construction. This applies even where temporary accommodation is intended during construction of a dwelling.

Because the requirements for rural sheds depend heavily on your specific lot, zone schedule, and overlay situation, we strongly recommend checking your property's planning controls on VicPlan and contacting our planning team before proceeding.

Whether you need a planning permit depends on several factors: whether the structure is moveable or fixed to the ground, whether there is already an existing dwelling on the property, the size of the structure, and which zones and overlays apply to your land. The rules in this area have changed significantly in recent years and continue to evolve. We recommend checking with our planning team before committing to any purchase or placement.

If the tiny house or caravan is on wheels (a moveable dwelling), the planning system treats residing in it as camping. Under Alpine Shire's local laws, you may lawfully camp on private land for up to 28 days in any calendar year without a permit. Beyond this, camping on private land is not permitted without further approval.

The rules are different, however, if there is an existing dwelling on the property. In that case, a caravan or moveable tiny house may be occupied for private purposes, for example, by a family member, provided adequate sanitation facilities from the existing dwelling are available to the occupant and the use does not adversely affect neighbouring properties. The permitted duration of this arrangement is subject to Alpine Shire's local laws, and a local law permit may be required. Contact Council's local laws team to confirm what applies to your situation.

It is important to note that local laws are separate from planning permit requirements, and both may apply simultaneously.

If the tiny house is fixed to the ground (a permanent structure) it is treated as a dwelling for planning purposes, not as a moveable structure and standard planning permit requirements will apply.

If there is no existing dwelling on the property, you may need a planning permit to use the land for a dwelling in non-urban zones before a fixed tiny house can be placed.

If there is already an existing dwelling on the property, a fixed tiny house may be considered a small second dwelling (previously known as a dependent persons unit) and may not require a planning permit, provided it meets all of the following criteria:

• It has a gross floor area of 60 square metres or less, and is used as a self-contained residence including a kitchen sink, food preparation areas, a bath or shower, and a toilet with a wash basin.
• It is located on the same lot as the existing dwelling and is not to be subdivided or separately sold.
• It is not affected by overlays that trigger additional planning permit requirements.

However, because the majority of properties in Alpine Shire are affected by the Bushfire Management Overlay (BMO), and many are also in a Heritage Overlay (HO), Significant Landscape Overlay (SLO), Land Subject to Inundation Overlay (LSIO) or Environmental Significance Overlay (ESO), a planning permit may still be required even where the structure would otherwise qualify as a small second dwelling under state-wide provisions. 

A building permit may also be required for a small second dwelling, even where a planning permit is not. The building permit process ensures the structure meets siting, setback, amenity, and safety requirements.

A planning permit is often required if you are looking to remove trees or vegetation, including:

• Native vegetation on your land, including trees, grasses, bush, scrub, wetlands, rushes, and sedges;
• Non-native vegetation if the property is within a Heritage Overlay or Environmental Significance Overlay; 
• The property is outside of a Bushfire Management Overlay (BMO) and you do not have exemptions to create or maintain defendable space in areas affected by a BMO; and
• If there are planning permit conditions or other restrictions or agreements on your property.

More information about native vegetation removal regulations can be found by visiting the Department of Energy, Environment and Climate Action.

Vegetation removal in Alpine Shire is regulated by multiple overlapping planning controls, and the rules that apply to your property will depend on the type of vegetation, the size of your land, and which overlays affect it. It is important to check all of the controls that apply to your property before removing any vegetation, even a single tree, as the consequences of unauthorised clearing can include substantial fines and legally binding obligations to reinstate vegetation.

There are three main planning controls that may apply, and more than one may apply simultaneously.

1. Native Vegetation - Clause 52.17

In Victoria, a planning permit is required to remove, destroy or lop native vegetation. Landholders wishing to remove native vegetation need to apply for a permit from their local council. Planning

Native vegetation includes all plants indigenous to Victoria, not just trees. This includes trees, shrubs, herbs, grasses, unimproved pasture containing native species, areas of bush or scrub, and low-lying wetland areas containing reeds or sedges. It can be difficult to identify native vegetation without expert knowledge, so if you are unsure whether vegetation on your property is native, seek advice before undertaking any removal.

This control generally applies to properties over 0.4 hectares (approximately one acre) in area.

Exemptions exist under Clauses 52.12 (Bushfire Protection Exemptions and 52.17 itself.

Most exemptions are narrowly defined to prevent the removal of excessive amounts of native vegetation without a permit. Before removing native vegetation without a permit, ensure that the removal is eligible for an exemption and is consistent with any conditions specific to the exemption.

More information about native vegetation removal regulations can be found by visiting the Department of Energy, Environment and Climate Action.

2. Canopy Trees in Residential Areas - Clause 52.37

This control applies to urban properties in Alpine Shire in the Township Zone and General Residential Zone, including properties in Bright, Myrtleford, Mount Beauty, Porepunkah, Harrietville and other townships. It operates separately from, and in addition to, the native vegetation controls above.

A canopy tree is defined as a tree that has a height of more than 5 metres above ground level, a trunk circumference of more than 0.5 metres measured at 1.4 metres above ground level, and a canopy diameter of at least 4 metres. All three criteria must be met.

Exemptions apply for properties with existing dwellings that restrict the requirements to boundary canopy trees, as defined in the provisions.

3. Overlay Controls - Non-Native Vegetation and Additional Requirements

Regardless of whether the vegetation is native or introduced, a planning permit may be required to remove, destroy or lop any vegetation if the property is affected by any of the following overlays. These overlay controls apply to all properties within Alpine Shire that carry the relevant overlay, and they operate in addition to the controls above.

• Significant Landscape Overlay (SLO): The Significant Landscape Overlay – depending on the specific schedule, may require a permit for the removal, destruction and lopping of vegetation. Both native and non-native vegetation may be subject to this control.
• Heritage Overlay (HO): The Heritage Overlay – depending on the specific schedule, may require a permit for the removal, destruction and lopping of vegetation. Both native and non-native vegetation may be subject to this control.
• Environmental Significance Overlay (ESO): A permit is generally required to remove, destroy or lop vegetation on land in the-Environmental Significance Overlay, which typically includes land near waterways, wetlands and areas of significant ecological value in the Shire. The schedule to the ESO specifies the types of vegetation requiring a permit and any exemptions.
• Planning permit conditions and title agreements: Depending on the history of your property, all or some of the vegetation on your land may need to stay there because it is a condition of a previous planning permit. Agreements under Section 173 of the Planning and Environment Act, conservation covenants, or other restrictions on title may also restrict vegetation removal independently of the planning scheme.

Vegetation at Dinner Plain and surrounds

Due to the sensitive nature of the environment on Dinner Plain, special controls apply to the land. These controls restrict both the removal, destruction or lopping of vegetation and restrictions on the planting of species not indigenous to the area. Please refer to additional guidance.

You might need to apply for a planning permit if you are:

• changing the established use of the land;
• undertaking construction or changing the layout of your premises – including reducing the number of available car parking spaces on-site;
• changing the location of your business; or
• displaying new signage.

New businesses may need other kinds of permits as well. The best way to find out the right information is through our Doing Business page.

Depending on the history of your property, all or some of the existing operating restrictions on your business (such as operating hours or the provision of loading and unloading areas) may need to remain due to being conditions of use or development under a previous planning permit. Agreements under Section 173 of the Planning and Environment Act, restrictive covenants, or other restrictions on title may also restrict amendments able to be readily sought independently of the planning scheme.

Many types of business can be run from a residential property without a planning permit, provided certain conditions are met. The planning scheme refers to this as a home-based business, defined as an occupation carried on in a dwelling, or on the land around a dwelling, by a resident of the dwelling.

The requirements are set out in Clause 52.11 of the Alpine Planning Scheme.

No planning permit is required to run a home-based business if all of the following conditions are met:

• The person conducting the business uses the dwelling as their principal place of residence. 
• No more than two people who do not live in the dwelling work in the business at any one time. 
• The net floor area used to conduct the business, including the storage of any materials or goods, does not exceed 100 square metres or one-third of the net floor area of the dwelling, whichever is the lesser. The net floor area includes outbuildings and works normal to a dwelling, such as garages and sheds. This condition does not apply to businesses involving the education or care of children. 
• The business does not impose a load on any utility (electricity, water, gas, sewerage) greater than what would normally be required for domestic use. 
• The business does not adversely affect the amenity of the neighbourhood in any way, including through: 
  • The appearance of any building, works or materials used.
  • The parking of motor vehicles.
  • The transporting of materials or goods to or from the dwelling.
  • The hours of operation.
  • Electrical interference.
  • The storage of chemicals, gases or other hazardous materials.
  • Emissions from the site.
• No motor vehicle may be adjusted, modified, serviced or repaired for gain - this applies regardless of the scale or frequency of such work. 
• Only one commercial vehicle associated with the home based business - not exceeding two tonnes capacity, with or without a trailer registered to a resident of the dwelling - may be present at the property at any one time. That vehicle must not be fuelled or repaired on the site. 
• No goods other than goods manufactured or serviced at the home based business may be offered for sale. This requirement does not apply to goods offered for sale online. 
• All materials used, or goods manufactured, serviced or repaired in the business must be stored within a building at all times - outdoor storage is not permitted. 
• No goods manufactured, serviced or repaired may be displayed so as to be visible from outside the site. 
• Any goods offered for sale online must not be collected from the dwelling - customers cannot attend the property to collect purchases.

If your business meets all of these conditions, you can operate without a planning permit. 

Only the following exceptions to the requirements above can be made via an application for a planning permit: 

• there are more than two people who do not live in the home working at the business at the same time;
• the total floor area used for the business is more than 200 square metres, or more than one-third of the whole house; or
• more than one commercial vehicle is present on site.

Home based businesses can display a sign, provided it is not illuminated, with a display area of no more than 0.2 square metres on the dwelling or on the private land or fence around the dwelling, without a planning permit.

If you believe that you need a planning permit, get started by visiting Greenlight - our planning application portal.