One Planner's Archive





Discussion Papers & Articles




ESD, BESS and NatHers

In a recent VCAT matter, Kostandinov Investment Pty Ltd v Merri-bek CC [2025] VCAT 494, the Tribunal was asked to determine whether it was appropriate for a permit holder to seek an amendment to endorsed plans that would effectively reduce the BESS Score previously approved by Council.

Part 2: Struck Out but Still Alive.

Following the above findings, the permit applicant filed a new approved CHMP with Council in early 2019. However, Council advised the applicant that a new planning permit application needed to be lodged, because the Tribunal did not remit the matter back to Council as part of the previous Order.

Part 1: Partial CHMP = No CHMP

Regular readers will be familiar with the fact that if a Cultural Heritage Management Plans (CHMP) is required as part of a planning permit application, the statutory clock doesn’t start until such time the approved CHMP is supplied.

Notice of Objector Appeals

Regular planning permit applicants will be aware that when objections are received in response to a permit application, and Council supports the proposal, a Notice of Decision (NOD) to grant a permit will first be issued by Council. The purpose of the NOD is to allow objectors 21 days to […]