Changes to VCAT Procedures

Late in 2014 VCAT announced that there will be a number of process changes made to planning appeal procedures.

From 2 February 2015, after the receipt of an application for review VCAT will now issue orders to specify dates for hearing and any compulsory conference(s). The orders will be given early in the appeal process and will make it clear what each party needs to do and by what date. This will provide a clearer timeline for the organisation of witnesses, amendment of plans and other appeal procedures.

Late in 2014 VCAT announced that there will be a number of process changes made to planning appeal procedures.

From 2 February 2015, after the receipt of an application for review VCAT will now issue orders to specify dates for hearing and any compulsory conference(s). The orders will be given early in the appeal process and will make it clear what each party needs to do and by what date. This will provide a clearer timeline for the organisation of witnesses, amendment of plans and other appeal procedures.

VCAT will also use compulsory conferences as the preferred method of alternative dispute resolution. These compulsory conferences are designed to avoid hearings or reduce the duration of hearings where matters can be partly or fully resolved prior to the hearing date. Parties are obliged to attend compulsory conferences.

New initiating orders will be emailed to parties whenever possible as email becomes VCAT’s preferred method of communication for all Planning and Environment List matters.

As a result of these changes, new application forms for the Planning and Environment List are available from the VCAT website. The new forms now require the permit applicant to supply VCAT with all documents that support their application. This was previously undertaken by the relevant Council. This material will include copies of the permit application, plans and supporting material lodged with Council, as well as extra details including details of the relevant planning controls, whether there were any objections, whether a cultural heritage management plan is required and more. The information will help VCAT plan the entire course of the proceeding. Applications lodged to VCAT prior to 2 February 2015 will proceed under the former processes.

Now that the onus is on the Applicant for Review to provide a copy of the permit application form, plans and supporting documentation to VCAT, it is more important than ever that copies of the relevant plans, reports and other correspondence are accurately archived on the permit applicant’s file


Seek Professional Advice
Information contained in this publication should be considered as a reference only and is nota substitute for professional advice. No liability will be accepted for any loss incurred as a result of relying on the information contained in this publication. Seek professional advice in specific circumstances.
Copyright
If you would like to reproduce or use for your own purposes any part of this publication please contact enquiries@clause1.com.au for assistance.
 Clause1 Pty Ltd
 Phone: 03 9370 9599
 Fax: 03 9370 9499
 Email: enquiries@clause1.com.au
 Web: www.clause1.com.au