11 Dec 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 Tribunal (VCAT) has introduced a new process for applications with objectors. The existing process whereby objectors have 21 days to lodge an appeal at VCAT and after that the planning permit can be issued will not change. The difference is that VCAT will no longer advise the Council to issue a permit after the notice period is up (for Notice of Decision applications). They now publish any requests for an appeal each business day and it is up to the Council to check the list and see if there is an appeal listed. The webpage is available here.
On the plus side this gives greater access to information for applicants, as everyone has access to this webpage. It could also lead to a slightly shorter timeframe as the Council will no longer need to wait for VCAT to contact them.
On the negative side there is also the potential for time blowouts if the Council forgets to check on the due date. Regular checking of VCAT is essential to avoid a delay. This is something we do to assist you with getting your planning application in a timely manner.
Change in Reimbursement of Fees by Responsible Authorities
VCAT have incorporated a presumption of fee reimbursement for failure appeals (these are appeals where the Council have not made a decision within the prescribed time, which is 60 statutory days for most applications). This means that in failure appeals the applicant is entitled to have their VCAT application fee reimbursed by the Council unless VCAT is satisfied that there was reasonable justification for the delay.
This is what VCAT will take into consideration:
- The nature and complexity of the application
- The conduct of the permit applicant
- Other matters beyond the reasonable control of the responsible authority
This is the first move that I have seen to introduce a monetary incentive for Councils to make decisions with the prescribed time. Time will tell if it will make an impact in either the number of appeals going to VCAT or the timeliness of Council decisions.