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 lodge an Application for Review to VCAT challenging the pending issue of the planning permit.
Generally the 21 day time frame pushes out to at least 23 days as a result of the Tribunal allowing two days for postage. If the last day falls on a weekend or public holiday the timeframe will be extended until the following business day, further pushing out the 21 day timeframe to 25 days or more.
In years gone by the Tribunal would write to Councils after the deadline for objector’s appeals had passed and inform them that no appeal had been lodged, clearing the way for the permit to be issued. The Tribunal has changed this process and now publishes a list of recent objector’s appeals online daily to inform Councils and permit applicants that a permit cannot issue. Permit applicants can review the list of objector’s appeals by visiting:
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Information contained in this publication should be considered as a reference only and is not a 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.
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