VCAT

November 15, 2022

Posted at 10:52h in Planning Process, VCAT

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...

October 30, 2021

Posted at 12:42h in VCAT

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

October 20, 2019

Posted at 22:59h in 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...

March 29, 2018

Posted at 01:32h in VCAT

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...

September 29, 2015

Posted at 05:24h in VCAT

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....

April 28, 2015

Posted at 10:15h in VCAT

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...

January 21, 2015

Posted at 12:54h in VCAT

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...

December 11, 2014

Posted at 11:15h in Planning Process, VCAT

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...