Removing a Restrictive Covenant

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 considered.  We frequently get contacted by people who are either … Read more

How to Calculate Time on Failure to Determine Applications

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 the decision is taken from the Council and the application … Read more

Going to VCAT

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 placed on a Notice of Decision or Planning Permit … Read more

VCAT Widened the Application of Road Zone Category 1 (RDZ1) Clause

A recent VCAT decision (Peninsula Blue Developments Pty Ltd v Frankston CC (Red Dot) [2015]] VCAT 571) has widened the application of Clause 52.29.  Clause 52.29 applies to land adjacent to a Road Zone Category 1 or a Public Acquisition Overlay for same. This decision has determined that the phrase “create or alter access to … Read more

VCAT Decision Limits Scope for Decisions

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 member considered several relevant cases, including one from the … Read more

Transitional Provisions in the Neighbourhood Residential Zone

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 to introduce the new zone. The case was in … Read more

New Processes at 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 for Notice of Decisions The Victorian Civil and Administrative … Read more