Most planning permit applications that propose to development common property maintained by a body corporate are required to obtain a resolution consenting to the proposed development. So what if a member of the body corporate does not consent?
In the past, some Council’s insisted applicants obtain body corporate consent prior to assessing and approving planning permit applications. In a recent VCAT case, Spencermill Pty Ltd v Mornington Peninsula SC [2007] VCAT 1289, Council attempted to have an application struck out as futile as a result of the applicant not gaining body corporatesupport for the proposal.
In ordering that the application should not be struck out, the Tribunal noted that although the proposal might not ultimately be constructed, the lack of body corporate approval did not prevent the application for a planning permit being determined on its merits. The tribunal also noted that the permit applicant has an opportunity to challenge the body corporate’s refusal through an application to the Supreme Court under s 38(3)(a) of the Subdivions Act 1988 and that approval of the proposal at VCAT may well assist in such an application.
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Last updated 000607