Notice of Decision – from 21 to 28 days

The Planning and Environment Amendment (Objectors Review Timing) Regulations 2018 came into effect on 1 July 2018. This amendment standardises the time in which an objector to a planning permit application can apply for review to VCAT (i.e. appeal) against Council’s intention (NOD) to grant a permit.

The date of the notice of the decision is the point that the counting of the days starts. The number of days has been increased from 21 days to 28 days to take into account the new starting point and the changes to delivery times by Australia Post. These changes provide greater certainty over the date at which the appeal period finishes and a permit may issue (if no objector appeals are made).

Our previous experience is that there has been uncertainty over the date at which the Victorian Civil and Administrative Tribunal (VCAT) would acknowledge the ‘end date’ for the lodging of appeals by objectors, due to the additional lee-way given to postal delivery. Hopefully, this change will provide some certainty.

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