Regular permit applicant’s will be aware, Section 79 of the Planning and Environment Act 1987 (“the Act”) allows applicants to lodge an appeal to VCAT against Council’s failure to grant a permit within the prescribed time (10 statutory days for a VicSmart application or 60 statutory days for all other applications).
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Discussion Papers & Articles
One of the most common complaints from planning permit applicants is the length of time taken by Councils to determine planning applications. Councils have a statutory requirement to decide upon planning permit applications within 60 days. In reality, the time taken to determine a planning permit application is often far greater, with a current state-wide average for buildings and works applications, close to 210 days.
Calculating the 60 day timeframe is not as simple as it might seem. This article provides guidance for calculating Council’s 60 day timeframe and dispels some of the common misconceptions relating to that calculation.
Regular planning permit applicants and readers of this column will be aware of changes to the VCAT Act that came about in September 2014 and allow permit applicants appealing to VCAT, against Council’s failure to determine an application within the 60 day statutory timeframe, to seek reimbursement of the VCAT application fee from Council.
Regular readers will recall that in December 2014 we reported on the newly introduced Section 115CA of the VCAT Act.
In an unexpected (but welcome) move, the VCAT Amendment Act 2014 has ushered in new provisions that will require Council to pay the application fee for an appeal if Council’s statutory time frames aren’t met.