Planning permit for development

Applications for planning permits for the development of a site may be referred to Melbourne Water for a Section 72 amendment or a secondary consent amendment pathway.

Planning Permit Amendments

A Section 72 amendment allows for substantial changes including changes to existing planning permits, modifications to the permit, preamble, conditions, or endorsed plans.

A secondary consent amendment pathway allows for minor modifications to endorsed plans. Changes to planning permits (i.e. conditions) are not permissible under secondary consent.

Apply for Consent to a Section 72 and/or Secondary Consent amendment

Application process

Applications for planning permits to develop a site may be sent to Melbourne Water because we are the relevant Referral Authority.

A responsible authority (e.g. Council) primarily refers applications to us under Section 52 and Section 55 of the P&E Act when required by the planning scheme when the land is subject to flooding or if the proposed development is near Melbourne Water's land or assets.

Understanding determining and recommending authorities

In the planning application process, referral authorities like Melbourne Water can have different roles:

• Determining Authority: As a determining authority, Melbourne Water has the power to require specific conditions be included in a planning permit or can direct the council to refuse a permit if necessary. The council must comply with these requirements.
• Recommending Authority: As a recommending authority, Melbourne Water provides advice and suggestions regarding the planning application. While it is highly recommended that our advice and suggestions be implemented, the council is not obligated to follow our recommendations and will make a decision, balancing the various requirements of the planning process.

Minimum requirements for assessment

When making a referral to a Referral Authority, the Responsible Authority (e.g. Council) is required to provide the prescribed information as per the Planning and Environment Regulations 2015 - Regulation 19.

The prescribed information the Responsible Authority is require to provide is:

• the application reference number,
• the date the responsible authority received the application,
• a description of why a permit is required,
• a list of the clauses in the planning scheme that require the application to be referred to that referral authority,
• a copy of the applicable description in the planning scheme of the kind of application required to be referred to that referral authority, and
• whether the referral authority is a determining referral authority or a recommending referral authority for the application.

Information we may also receive from the responsible authority include:

• Planning Permit Application form that was provided to the Responsible Authority
• Address of the development
• Application preamble
• Key site and proposal features
• Application Type: The type of application, (e.g., Planning Permit Application, Section 72 Amendment, plans to comply with a permit condition). 
• Contact Details:
  • Contact details including phone numbers, email and postal address of the relevant officer within the responsible authority (e.g. council) if we need to get in touch about your application.
  • Contact details of the permit applicant, including phone number and email address in order to include the permit applicant in our response. 
• Certificate of Title: Include a copy of any listed caveat, covenant, encumbrance or agreement (such as a Section 173 Agreement)
• Ancillary documents: Any additional investigation reports as required to help justify that the proposed land use change is safe and implementable

Please refer to Planning and Environment Regulations 2015 - Regulation 19 for details of prescribed information requirements.

Additional information requirements:

In addition, further detail will assist Melbourne Water with assessing an application. Some or all of the additional may be required depending on the proposal and site context. 

Site plan and elevation plans submitted with your proposal should detail:

• Finished floor levels (FFL): submitted to Australian Height Datum (AHD), including existing and proposed levels as applicable. Accurate data helps assess flood risk and ensure the proposed development complies with flood protection standards and other requirements. 
• Natural ground levels: all ground levels within the site shown to AHD to assess potential changes to the site hydrology and drainage.
• Setbacks to boundaries (existing and proposed): Site and elevation plans should show measurements of all permanent and temporary structures in relation to the property/site boundaries. As well as helping Melbourne Water understand potential effects on flooding conditions, these details also ensure that the development does not encroach on any protected or sensitive areas.
• Area of proposed works: In your submission include the area of proposed works (in sqm), including any structures proposed to be demolished or partially demolished. Knowing the extent of works helps in assessing the overall impact on the site and surrounding environment as well as flooding conditions.
• The layout, size and use of buildings and works (existing and proposed): A detailed layout helps us understand the full scope of the development. Please include vehicle parking areas, basements with details all openings (if proposed), fencing and or landscaping associated with the development within the layout plan, noting any cut or fill proposed on the site.
• Details of fencing and/or landscaping: Including site and elevation details of fencing and/or landscaping, including any proposed cut/fill associated with the proposed development as applicable will help us understand drainage patterns and how the surface water will flow.
• Flood risk assessment: If relevant and required as part of the proposal
• Any other application requirements specified in a Schedule to the applicable planning scheme zone or overlay.

Dependent on the site conditions and the nature of the development, please also include:

• Earthworks including cut and fill: Any proposed earthworks such as cut and fill
• Details of basements: Basements can affect groundwater levels and flood risk, and supplying this information is important for our review. Please include elevation and cross sectional details of any basement entry ramps and all other basement openings (including vents and windows) to AHD, showing finished floor levels of entry/exit areas, windows and drainage details
• Any existing and proposed openings located below the nominated flood level: identifying any openings below flood level helps us identify if any required flood protection mechanisms are in place where relevant
• Melbourne Water assets and waterway setbacks: Plans must denote any Melbourne Water assets (including drains, water mains, sewers and waterways) in the vicinity of your development. Please indicate setback measurements of permanent and temporary structures from those assets. It must be demonstrated that the development will not interfere with the existing assets

All applications must be submitted online via application links on this page and prepared in conjunction with the relevant section of the Developer Minimum Application Requirements Guideline (771.54 KB, PDF).

Duration

The process takes 28 calendar days to assess an application and respond.
Incomplete applications may be returned requesting further information or objected to if Melbourne Water determines it is unable to support the proposal.

Fees

There are no fees for this service.

Guidelines and standards

Contact us

If you need any help to complete this application, contact us on 131 722.