---
title: "Victorian permit already granted: section 72 amendment or secondary consent"
url: "https://ailawframework.com/precedents/planning-and-environment/vic-amend-permit-or-secondary-consent"
type: "precedent"
site: "AI Law Framework"
id: "a12-vic-amend-permit-or-secondary-consent"
area_id: "A12"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A12-U20261018-1"]
law_stated_as_at: "2026-10-22"
---

# 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.…

Canonical page: https://ailawframework.com/precedents/planning-and-environment/vic-amend-permit-or-secondary-consent  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Planning & Environment](https://ailawframework.com/precedents/planning-and-environment.md)
- Jurisdictions: Australia, Victoria
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 2 authorities it cites, for Australia and Victoria.

## 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

- [Apply to modify or change an existing development approval](https://ailawframework.com/practice/planning-and-environment.md#A12-U20261018-1)

## 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

## Authorities

- [Planning and Environment Act 1987 (Vic) s 72 (a person entitled to use or develop land in accordance with a permit may apply to amend it; two cases where the section does not apply)](https://www5.austlii.edu.au/au/legis/vic/consol_act/paea1987254/s72.html)
- [Department of Transport and Planning (Victoria), Guide to Victoria's Planning System, chapter 3.6 (s 72 follows the permit process and assesses only the amendment; secondary consent and the four Westpoint considerations)](https://www.planning.vic.gov.au/guides-and-resources/guides/guide-to-victorias-planning-system/planning-permits)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/planning-and-environment/vic-amend-permit-or-secondary-consent and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*