VCAT

A significant VCAT decision was handed down last week that relates to the interpretation of when a Cultural Heritage Management Plan (CHMP) is required. The VCAT Case is 104-105 Station Street Pty Ltd v Kingston CC (Red Dot) [2019] VCAT 1546. The decision relates to...

Don't be caught out by a covenant over your land title.  A planning permit can't be approved if it is contrary to a restrictive covenant on the title.  If there is a covenant it will need to varied or removed before the proposal can be...

Council's have 60 statutory days to determine a planning application.  If a decision is not made within that time, the applicant can lodge an application to VCAT.  This type of application is called a Failure to Determine, or a Section 79 Appeal.  This means that...

Several people have asked me about lodging an application with the Victorian Civil and Administrative Tribunal (VCAT) recently so I thought I would some information on it from the perspective of the planning applicant. Three common types of applications are: Review a Council Refusal Review conditions...

A recent VCAT (Victorian Civil and Administrative Tribunal) decision has confirmed the limit of issues to be considered when making a decision on some types of planning applications. In determining a recent appeal, the Tribunal member first ascertained the scope of issues that could be considered.  The Tribunal...

A recent VCAT Red Dot decision has cleared up any confusion regarding the applicable date that the transitional provisions within the Neighbourhood Residential Zone apply. The transitional provisions allow for the construction of more than two dwellings on a lot prior to the planning scheme amendment...

In recent months the Victorian Civil and Administrative Tribunal (VCAT) have introduced some new processes.  Two that are of particular interest are the change in the Notice of Decision process and an increased likelihood that Councils will have to reimburse applicants fees for failure hearings. New Process...