In most cases yes — but it depends on the site, the zone and what was previously approved at that specific address.

Opening a café or restaurant in Melbourne typically requires a planning permit if the use has changed from what was previously operating at the site, if the site is in a zone that requires a permit for food and drink premises, or if the site is affected by an overlay such as a Heritage Overlay or Parking Overlay.

Even if a café has operated at the site before, you cannot assume the previous approval covers your specific fitout, trading hours or seating capacity. Council assesses each application on its own merits.

The most common mistake café operators make is signing a lease on the basis that the space has operated as food and drink premises before — without checking whether the previous approval still applies to their specific proposal.

Before you sign any lease on a café or restaurant site in Melbourne, a Pulse Check will tell you exactly what permits are required, what risks exist and what council will expect from your application. Written report within 48 hours for $347.

Yes — almost always. And the zone your site sits in will determine whether your application is straightforward or significantly more complex.

Gyms, pilates studios, yoga studios, CrossFit boxes, strength and conditioning facilities and boutique fitness studios are all classified as Leisure and Recreation use under the Melbourne planning scheme. This use requires a planning permit in most commercial and industrial zones.

The single biggest mistake fitness operators make is choosing a warehouse or industrial site because it looks and feels right — without checking whether the zone permits a leisure and recreation use.

In an Industrial 1 Zone — where most affordable warehouse spaces sit — leisure and recreation uses like gyms and fitness studios are generally not permitted. This means no planning permit can be issued regardless of how suitable the building appears. Operators who sign leases on industrial sites without checking this first often discover the problem after they have already paid a deposit and commenced fitout.

Before you commit to any site for a gym or fitness studio in Melbourne check these four things:

Is the zone actually approvable for leisure and recreation use? Does the site have adequate car parking under Clause 52.06? Are there noise-sensitive uses nearby that could trigger objection? What were the previous uses at this address?

A Pulse Check identifies all of these before you sign anything. Written report within 48 hours from $347.

Yes — a childcare centre almost always requires a planning permit regardless of which zone the site is in.

Childcare centres are classified as a Child Care Centre use under the Melbourne planning scheme and are a Section 2 use in most zones — meaning a planning permit is required before you can operate.

Key planning considerations for childcare centres in Melbourne:

Zoning — the site must be in a zone that supports child care centre use. Not all commercial or residential zones do.

Car parking — Clause 52.06 sets specific car parking rates for childcare centres which must be assessed against the site.

Outdoor play space — councils assess whether adequate outdoor play area is available for the number of children.

Traffic and access — particularly relevant on busy or narrow roads where drop-off and pick-up movements create concern.

Noise — councils assess impact of children's outdoor play on surrounding properties.

Childcare planning permits typically take 3 to 9 months depending on the council and the complexity of the site. Identifying planning issues before you sign a lease — rather than after — gives you the opportunity to negotiate appropriate lease terms or find a more suitable site.

Cost: Pulse Check from $347 — written report within 48 hours.

Yes — and the zone your site sits in will determine whether the use is even achievable at all.

Bathhouses, sauna facilities, cold plunge centres and wellness recovery venues are most commonly classified as Leisure and Recreation or Place of Assembly uses under the Melbourne planning scheme. Both classifications require a planning permit in most zones.

The critical risk for wellness venue operators is the Industrial 1 Zone problem. Many operators are drawn to warehouse spaces in industrial zones for aesthetic and cost reasons. But in most Industrial 1 Zone sites, leisure and recreation uses — including bathhouses and wellness centres — are simply not permitted. No planning permit can be issued.

With SOAK Bathhouse, else BATHHOUSE and TotalFusion all opening or confirmed in Melbourne's inner suburbs, demand for wellness venue sites is intense. Operators who move fast without checking planning controls first are exposing themselves to significant financial risk.

Before you commit to any site for a bathhouse or wellness venue — check the planning position first.

Pulse Check for $347 — written report within 48 hours.

Yes — a place of worship almost always requires a planning permit and the planning process can be more complex than many faith communities anticipate.

Places of worship are classified as Place of Assembly under the Melbourne planning scheme. This use requires a planning permit in most zones. Council assesses applications against a range of criteria including car parking requirements, traffic and access, hours of operation and impact on surrounding residential and commercial properties.

The most important issue for faith communities purchasing a site is checking whether any existing planning approval has expired before contracts are exchanged.

An expired planning permit provides no legal authority to operate. If you purchase a site relying on an existing permit without checking whether it is still current, you may find yourself owning a site with no approved use — requiring a full new planning permit application before anything can proceed.

A Pulse Check before purchase identifies expired permits and planning risks before you commit. In one recent Narre Warren case, a faith community identified an expired use and development permit before contracts were exchanged and negotiated $300,000 off the purchase price.

Pulse Check for $347 — written report within 48 hours.

This is called a Further Information Request — or FIR — and it is one of the most stressful moments in the planning permit process for most business operators.

A Further Information Request is a formal request from council for additional information before they can continue assessing your application. It comes with a strict deadline — typically 30 days from the date of issue — and if you miss it or provide an inadequate response your application can be abandoned.

The most important thing to understand is that the 30-day clock starts from the date on the letter — not the date you receive it. If you have received a council letter about your planning permit application, check the date on the letter immediately.

The most common mistake operators make is responding immediately without fully understanding what council is actually asking for. A response that misses a key issue or provides incomplete information triggers another round of requests — adding months to your timeline.

We have spent over a decade working inside Melbourne councils issuing these same letters. We know exactly what councils need to hear and how to frame a response that moves your application forward.

FIR Triage — written review of your council letter for $347. Full written response from $650.

Operating without required planning approval is a serious legal risk that can result in fines, enforcement orders and being forced to cease trading immediately.

If council identifies that you are operating without the required planning permit they can issue a Notice of Intention to Issue an Enforcement Order. This requires you to stop the use. If you do not comply, council can apply to VCAT for a legally binding Enforcement Order directing you to cease operations.

Council can also issue infringement notices — fines — for ongoing breaches of planning controls.

For industrial operators the consequences can be particularly severe as enforcement action in industrial areas is taken seriously and council inspections are more common than many operators realise.

The good news is that in most cases it is possible to seek a retrospective planning permit — an application for approval of a use that is already operating. This is more complex and carries more risk than a standard application but it is achievable with the right approach and the right advice.

If you have received a compliance notice or are concerned you may receive one — contact us immediately. The sooner you act the better your outcome.

Yes — but it is more complex than a standard application and the outcome is not guaranteed.

A retrospective planning permit is an application for planning approval for a use or development that has already commenced without the required permit. In Victoria, council can grant a retrospective planning permit if the use or development meets the requirements of the planning scheme.

However, operating without approval first always carries risk. Council is not obligated to grant a retrospective permit. If your use does not comply with the planning scheme requirements, approval may be refused — leaving you with an enforcement order and a use that cannot be legalised at that site.

The approach to a retrospective application is also different from a standard application. Council is aware the use is already operating and the assessment process reflects that. Having specialist planning advice from the outset is particularly important in these situations.

If you are operating without approval and have received a compliance notice — or are concerned you may receive one — contact us today for an urgent assessment of your situation.

They are two completely different approvals and for most commercial fitouts in Melbourne you will need both. Confusing them is one of the most common and costly mistakes business operators make.

A planning permit is issued by your local council and controls the use and development of land — whether your intended business is permitted on the site, whether the zoning supports your use, and whether any conditions apply to how you operate. It is the approval that says your business is allowed to exist at that address.

A building permit is issued by a registered building surveyor and relates to the physical construction aspects of your project — whether the building works comply with the Building Code of Australia and relevant Australian Standards. It is the approval that says the physical fitout is structurally and fire-safety compliant.

For commercial tenancies the planning permit must generally be obtained before building works commence. Many business operators incorrectly assume that getting a building permit from a surveyor means they are approved to operate their business — this is not the case. A building permit says nothing about whether your business use is permitted at that site.

If you are unsure whether you need a planning permit, a building permit or both — a Pulse Check will tell you exactly what approvals are required for your specific site and intended use.

It depends on the complexity of the application, the specific council and whether your application is complete and well-prepared when lodged.

As a general guide for commercial planning permit applications in Melbourne:

Simple applications in a supportive zone with no objections: 6 to 12 weeks.

Applications requiring advertising to neighbouring properties: 3 to 6 months.

Complex applications involving heritage overlays, parking reductions, industrial zone issues or multiple objections: 6 to 12 months or longer.

The single biggest cause of delay is a poorly prepared or incomplete application. When council receives an application missing required information they issue a Further Information Request — which stops the statutory assessment clock and adds weeks or months to your timeline.

Our principal planner spent over a decade working inside Melbourne councils — reviewing applications, issuing information requests and making recommendations on commercial and industrial permits. That experience means we know exactly what councils look for and how to prepare applications that move forward rather than stall.

Start with a Pulse Check to understand your specific site's permit pathway and likely timeline before you commit to a lease.

A site feasibility check — which we offer as the Pulse Check — is a written planning review of a commercial or industrial site that tells you exactly what permits are required, what risks exist and what your realistic pathway to approval looks like.

It is designed to be completed before you sign a lease, exchange contracts on a purchase, or commit any significant funds to a project. It is the fastest and most affordable way to know whether a site is right for your business before you commit to anything.

The Pulse Check covers:

Whether the site is in the right zone for your intended use. Whether a planning permit is required and what type. What overlays affect the site and what that means for your fitout. Car parking requirements under Clause 52.06. Council red flags specific to your site and use. Clear recommended next steps.

Payment is via Stripe — secure online checkout. Your written report is delivered within 48 hours of your order being placed.

Cost: $347 fixed fee. No hidden costs. No hourly billing.

Yes — sporting facilities and indoor sports centres require a planning permit in most Melbourne zones.

Indoor sporting facilities including basketball courts, volleyball centres, martial arts studios, boxing gyms, swimming schools and similar uses are generally classified as Leisure and Recreation under the Melbourne planning scheme. This use requires a planning permit in most commercial zones.

Key considerations for sporting facilities in Melbourne include:

Zoning — is the zone approvable for leisure and recreation use? Floor area — some zones have floor area thresholds above which a permit is required. Car parking — sporting facilities often have significant car parking requirements under Clause 52.06 given peak-period demand. Noise — indoor sporting facilities can generate significant noise that council will assess for impact on surrounding properties. Hours of operation — early morning or late evening use is often a point of objection from neighbouring properties.

Before committing to any site for a sporting facility in Melbourne — get a Pulse Check first to confirm the zone supports your use and to understand what council will require.

Pulse Check for $347 — written report within 48 hours.

We work across all metropolitan Melbourne councils and surrounding areas of Victoria.

We have worked on commercial and industrial projects across inner, middle and outer Melbourne suburbs — including Frankston, Dandenong, Malvern, Narre Warren, Berwick, Cranbourne, Richmond, Fitzroy, Collingwood, St Kilda, South Melbourne, North Melbourne, Brunswick, Footscray, Sunshine, Ringwood, Box Hill, Doncaster and many others.

If your site is in Victoria and your project is commercial or industrial in nature — we can assist.

We do not work on residential projects anywhere in Victoria.

No. Eland Town Planning works exclusively on commercial and industrial projects. We do not assist with residential planning permits, residential subdivisions, residential extensions or any other residential planning matter — regardless of location or complexity.

This is a deliberate focus. Commercial and industrial planning involves different zones, different use classifications, different council requirements and different stakeholder considerations to residential planning. By focusing exclusively on commercial and industrial work we provide a higher standard of advice to our clients than a generalist practice can offer.

If you are looking for residential planning assistance we recommend contacting a planning consultant who specialises in residential projects.

If your project is commercial or industrial — you are in the right place. We work with cafés, restaurants, gyms, pilates studios, childcare centres, medical clinics, bathhouses, wellness centres, places of worship, sporting facilities, retail premises, warehouses, factories and industrial sites across Melbourne and Victoria.

It depends on the service and the complexity of your project. Eland Town Planning offers fixed-fee services so you know exactly what you will pay before we start. No hourly billing. No hidden costs.

Our services and fees:

PULSE CHECK — $347 A full written planning review of your commercial or industrial site delivered within 48 hours. Covers zoning, overlays, permit triggers, car parking and council red flags. The starting point for almost every project.

FIR TRIAGE — $347 A written review of your council Further Information Request delivered within 24 hours. Know exactly what council needs and what your response should cover.

FIR RESPONSE — from $650 A full written response to your council planning letter, prepared and submitted on your behalf. Simple responses from $650. Complex multi-issue responses quoted on scope after triage.

FULL PLANNING PERMIT APPLICATION — from $3,000 End to end management of your planning permit application from preparation through to approval. Cafés, gyms, childcare centres, medical clinics, warehouses, industrial sites and more. Quoted on enquiry based on project complexity. No ceiling on scope.

OPERATING WITHOUT APPROVAL — quoted on enquiry If you have received a compliance notice contact us immediately for an urgent assessment of your situation. Time sensitive.

All fees are in Australian dollars.