VCAT Appeal Tag

March 29, 2018

How to Calculate Time on Failure to Determine Applications

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...

May 20, 2015

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

Posted at 12:15h in Planning Policy, VCAT

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. [caption id="attachment_35799" align="aligncenter"...

January 21, 2015

Transitional Provisions in the Neighbourhood Residential Zone

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

New Processes at VCAT

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...