New Planning Application “Completeness” Checks Introduced Across Victoria

Recent amendments to Victoria’s Planning and Environment Act 1987 are beginning to change how planning permit applications are processed across the state.

The Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025, which received Royal Assent on 25 November 2025, introduced new Sections 48A–48D into the Act. These provisions create a new mechanism allowing responsible authorities (usually councils) to undertake an early “completeness check” of planning permit applications.

While the reform applies across Victoria, implementation is currently varying between councils.

What Do the New Sections 48A–48D Allow?

Under the new provisions, when a planning permit application is lodged, a responsible authority may:

• Review the application within the first five business days

• Issue a formal notice identifying missing fees or required information

• Require the applicant to respond within a specified timeframe

• Declare the application void if the required material is not provided within that timeframe

Importantly, the legislation uses the word “may” — meaning councils are not required to adopt this process, but they now have the power to do so.

The notice must specify what is missing and provide at least five business days for the applicant to respond. Only one notice can be issued under Section 48A for each application.

What Is Changing in Practice?

Historically, incomplete applications were often handled more informally at lodgement, or deficiencies were addressed through a formal Request for Further Information under Section 54 of the Act after the statutory clock had commenced.

The new completeness provisions shift part of this process forward — before the statutory clock starts.

In practical terms:

• The statutory clock will not begin until required fees are paid.

• If a council issues a Section 48 notice and the applicant does not comply in time, the application may be made void.

• A new application would then need to be lodged.

This creates a stricter front-end administrative gateway than many practitioners are accustomed to.

How Are Councils Implementing the Reform?

At this stage, implementation appears inconsistent across Victoria.

Some councils have begun issuing formal fee notices under Section 48A shortly after lodgement, requiring payment within five business days or the application will be voided.

Other councils appear to be developing internal procedures but have not publicly formalised their approach.

There is currently no centralised or uniform implementation policy across Victoria. Because the legislation is discretionary, councils are adopting different operational models depending on internal resources, systems, and risk management preferences.

What This Means for Applicants

The practical implications are significant:

1. Fee Timing Now Matters More

Where a Section 48 notice is issued, application fees must be receipted within the specified timeframe. Administrative delays — including payment processing delays — may create risk if not managed carefully.

2. Incomplete Lodgements Carry Greater Consequence

If required documents or information are missing and not provided within the notice period, the application may be voided rather than simply delayed.

3. The Statutory Clock May Be Affected

Because the statutory clock does not commence until the application is considered complete (including fees paid), front-end administration is now more critical to maintaining project timelines.

Is This a Full “Up-Front Information” Regime?

Not necessarily.

While the new provisions allow councils to conduct a broader completeness review (including checking whether required supporting information under Section 47 has been provided), some councils are currently applying the reform narrowly — focusing only on fee receipting.

Others may adopt a more expansive interpretation over time.

It remains to be seen whether this reform evolves into a more rigorous state-wide pre-assessment screening process.

Practical Advice for Permit Applicants

Given the variability in council approaches, applicants should:

• Ensure all required application material is submitted at lodgement

• Confirm correct fee calculations before submission

• Monitor correspondence closely in the first five business days

• Pay fee notices immediately upon receipt

• Retain proof of payment and provide confirmation where necessary

For consultants and applicants managing multiple concurrent applications, internal administrative tracking systems will become increasingly important.

A Reform Worth Watching

The new Sections 48A–48D represent a subtle but meaningful procedural shift in Victorian planning administration.

While intended to improve efficiency and reduce incomplete applications entering the assessment system, the reform introduces a tighter front-end compliance requirement that may impact project timelines if not carefully managed.

As councils refine their implementation practices, we expect greater clarity — and potentially greater consistency — to emerge over time.

For now, awareness and proactive management are key.