Guide 2

Guide 2: Applying for a planning permit to install an EGM, or change the number of EGMs, in a local area

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This Guide explains the process for obtaining a planning permit for an EGM in Victoria including the role of local governments and communities in the planning application process. In this guide you will find more information about each of the topics listed on this page under points 1 – 5. Click on each link for more information.


1

Who needs a planning permit to install an EGM or change the number of EGMs in a venue?

Any person can apply for a planning permit (subject to the proviso that if the applicant is not the owner of the premises they must include either the consent of the owner or an acknowledgement that the owner has been advised of the application). Generally the venue operator or the proposed venue operator will apply for the planning permit. An application for a planning permit may be made prior to obtaining VCGLR approval. Continue to ‘Who needs a planning permit to install an EGM or change the number of EGMs in a venue?’

 

2

Who decides whether or not to approve the planning permit application for EGMs in your area?

Local Government is the responsible authority for deciding whether to approve, or not approve, a planning permit application for electronic gaming machines. Like other land use planning processes, if your local government rejects the application and decides NOT to issue the planning permit, the applicant has the right to appeal the decision to the Victorian Civil and Administrative Tribunal (VCAT).  The EGM application process flow chart provides additional information. Continue to ‘Who decides whether or not to approve the planning permit application for EGM’s in your area?’

3

What information does the applicant have to provide with their application for an EGM permit?

Local Government is the responsible authority for deciding whether to approve, or not approve, a planning permit application for electronic gaming machines. Like other land use planning processes, if your local government rejects the application and decides NOT to issue the planning permit, the applicant has the right to appeal the decision to the Victorian Civil and Administrative Tribunal (VCAT).  The EGM application process flow chart provides additional information. Continue to ‘What information does the applicant have to provide with their application for an EGM permit?’

 

4

What might local government consider when deciding whether or not to grant a planning permit for an EGM?

A local government authority will assess an application for a planning permit to install EGMs in a venue based on a number of general and specific planning criteria (Refer to Guide 2 Question 3 for more information). It is important to understand that each local government assessment of an application for EGMs must consider the context of the venue and the relevant LGA.  The local government officers are entitled to use their discretion in making a decision for or against an application based on all the evidence and their local understanding of the area. Continue to the ‘What might local government consider when deciding whether or not to grant a planning permit for an EGM?’

 

5

What role is there for local communities to respond to applications for planning permits for EGMs?

The Victorian Planning System provides an opportunity for the community to object to a planning application if there is evidence that the community will be adversely affected by the proposal. It is a legal requirement that objections be considered by the planning authority in their decision making. Where a Local Government decides to refuse an application for EGMs and the applicant decides to appeal that decision to VCAT the community is able to submit further objection as part of the VCAT hearing process. To be successful the community will need evidence to support their objection, including a local survey of community attitudes to the application. Continue to the ‘What role is there for local communities to respond to applications for planning permits for EGMs?’ main page



NEXT >: Guide 2-1 Part 1: Who needs a planning permit to install an EGM or change the number of EGMs in a venue?

 

What information does the applicant have to provide with their application for an EGM permit?
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