Checklist · Planning & Environment

Victorian permit already granted: section 72 amendment or secondary consent

Checklist for choosing a section 72 application to amend a Victorian planning permit, or a secondary consent where a condition allows it. The two paths are not interchangeable. The Westpoint considerations are the guide's list, not a case that was read.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, Victoria
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 2 authorities it cites, for Australia and Victoria.
Version
1
Source
Written for this library

When to use it

Use when a permit holder wants to change a permit that has already issued, before a fresh application is assumed. Discuss the change with the council planner first, as the guide recommends.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may set out the two paths and copy the condition the lawyer identifies. The lawyer chooses the path.

AI may

  • Quote the permit condition that mentions consent or satisfaction of the responsible authority
  • List the changes the client has described, without classifying them
  • Flag a permit that was issued at the direction of VCAT

AI must not

  • Must not decide that secondary consent is available
  • Must not state that the Westpoint considerations are met
  • Must not draft the amendment application as a concluded request

The lawyer checks

  • The applicant is a person entitled to use or develop the land under the permit. If they are not the owner, s 48(1) as the guide describes it is addressed
  • Section 72(2) is checked: a VCAT direction that the permit not be amended, and a permit issued under Division 6
  • Secondary consent is used only for a change to plans or conditions, and only where a condition provides for it
  • The four considerations are applied by the lawyer. The VCAT reasons were not opened

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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