Who it's for
Whether you need a planning permit for a restaurant in Victoria depends on the site, not just on what you'll serve. This page is for you if you've found a site and want to know what council will require before you open.
- You haven't signed the lease yet
- The site was a shop or office and you want to turn it into a venue
- You're planning building work or more seats
- The site has an old permit and you're not sure it covers you
Not you? Already trading? See change your planning permit. Still comparing sites? Start with a site check before you sign.
What decides whether you need a planning permit
The zone. Every site in Victoria sits in a zone, which says which uses need a permit. In the commercial zones, many food and drink uses are "Section 1": no permit is needed for the use, as long as conditions such as floor area limits are met. In other zones, the same café might need one.
Overlays. An overlay, such as heritage, adds controls on top of the zone. It can mean a permit for changes to the building even where the use is allowed.
Building work and parking. A new shopfront or extension can need its own permit. So can a car parking shortfall. See car parking for venues.
Change of use permits for cafés, restaurants and bars
A change of use permit is council's approval to use a site for something new, such as a shop becoming a restaurant. Its conditions can limit your hours, seats or layout, and those limits carry through to what your new liquor licence can do. That's why we look at both together, from the start.
Building permits (from a building surveyor) and food registration (with council) are separate. We coordinate them; see approvals to open a venue.
Check before you sign the lease. The zone and any existing permit decide what you can do there. We check that first.
How it works
Most new venue permits follow four steps.
- 15-minute call Send us the address and your plans. We check the zone and any existing permit, and fix the fee.
- Online form You answer our online form and upload the lease plan and photos, from any device.
- We prepare it We draw the plans in-house and write the application. Nothing is lodged until you approve it.
- We deal with council We answer information requests, manage notice to neighbours and respond to objections, through to a decision.
Speak with Jacob
Principal. Twelve years running venues and working inside local government.
The first conversation is free.
Book a 15-minute call(03) 7064 8477We reply within 24 hours.
Fees and timing
Our fee is fixed and quoted before we start. Council's time depends on what it asks for and whether neighbours object.
- Our fee
- Fixed fee, quoted before we start
- Council's fee
- Paid to council, separate from ours
- Standard application
- 60 statutory days. The clock pauses for further information and notice.
- Simple matters (VicSmart)
- 10 business days
What we need from you
For the application, we'll ask for:
- What you want to do there: seats, hours, food and drink
- Any existing permit and approved plans
- The lease, or your landlord's details
- Floor plans or a lease plan, and photos
Questions
Do I need a planning permit to open a café or restaurant?
Sometimes; it depends on the zone. In the commercial zones, many food and drink uses are "Section 1" uses, so no permit is needed for the use if conditions such as floor area limits are met. In other zones, or under an overlay such as heritage, a permit may be needed. Building work, signs and car parking can also need one. We check your address and tell you which applies.
What is a change of use permit?
A change of use permit is council's approval to use a site for something different, such as turning a shop into a restaurant. It's needed when the new use isn't allowed without a permit in that zone. Council looks at the effect on neighbours, car parking and local planning policy, and can add conditions on hours, seats or layout. Even where the use needs no permit, building work can.
How long does council take to decide a planning permit?
Council has 60 statutory days to decide a standard application. The clock pauses while council waits for further information and while neighbours are given notice, so the real time is often longer. Simple VicSmart matters have a 10 business day timeframe. If objectors ask VCAT to review a permit, add more time again. We give you a realistic range at the start.
What does a planning permit cost?
There are two parts: our fee and council's fee. Our fee is fixed and quoted before we start, after a free 15-minute call where we work out what's needed. Council's fee is paid to council, separately. Some sites also need a specialist report, such as an acoustic or traffic report. If yours does, we tell you up front. You won't get an hourly bill.
Can I sign a lease before the permit is approved?
You can, but it's a risk. If the permit is refused, or its conditions cap your hours or seats, you may be paying rent on a site that can't trade the way you planned. Many operators ask for the lease to be conditional on planning approval and the liquor licence; speak with your lawyer about the wording. Either way, get the site checked first.