What exactly is a Planning Application?

**NB The following information relates only to the Huon Valley Council in Tasmania. Before undertaking any building works (or buying land that you intend to develop) Viktoria & the Android strongly recommend that you check with your local Council first.

Someone asked us what the difference was between a Planning Application and a Building Application. So here is our attempt at explaining the difference.
Generally, you will need to submit a Planning Application to the local Council when you are going to undertake a development (like, build a house), or change the use of the land. But you cannot actually start building until you have received approval in relation to your Building Application. And you cannot submit your Building Application until you have planning approval.

"Of course I got Planning Approval!"

As we are building on previously "unimproved" land (that is, land with no houses on it), we need to ensure that what we intend to do with the land (that is, build a house and live on it) fits in with the Planning Scheme in operation in the local area. This is done by the submission to Council of a Planning Application (or as it is often referred to, a Development Application).
In general, Councils tend advise that it's best not to just assume that you don't need to complete a Planning Application before you submit your Building Application... but to check with them first.
So we need to submit the appropriate form to the Council, attach all the supporting documents, and pay the relevant fees.
The supporting documents to be submitted with the Planning Application may include (but are not limited to):

• an explanatory cover letter which provides detail regarding the building plans and intended use of the property
• a copy of the Certificate of Title, together with any Schedule of Easements (if applicable)
• three copies of the plans including a (a) site plan showing the proposed building with all boundary setbacks, (b) floor plans, (c) the building elevations and (d) the extent of the site works (that is, any cut and fill, retaining walls, trees to be felled etc)
• (if necessary) a Site and Soil Evaluation and System Design if the property isn't connected to the mains sewer
• (if necessary) a Bushfire Hazard Management Plan
• (if necessary) a statement from a qualified person that the land is not vulnerable to instability

On receipt of our Planning Application, the local Council has up to 42 days (unless they ask for additional information, which can extend the time frame) in which to decide that our application is:

1. Exempt or Permitted as of Right - which means the development doesn't need planning approval and we can go straight to the building approval process
2. Permitted - a planning permit is granted, but it may have conditions imposed, like the need to have a bushfire hazard management plan
3. Discretionary - the planning application requires public consultation, where other individuals can comment to Council in favour or against the proposed development, which can then be approved or refused on the basis of feedback
4. Prohibited - what it sounds like...the development won't be allowed

And if you're not already convinced, here's another good reason to engage an architect...they help in getting all the documentation for submission of the Planning Application and Building Application to Council.
As we mentioned previously, we have a couple of queries in relation to the Bushfire and Waste Management reports which we have put to Neal-the-Architect...it would be a safe bet to wager that he knows way more about these things than us. We'll let you know how we go.
V&A