The Unexpected Impact of an RFI: Merry Christmas
We were recently contacted by a permit applicant who had received a long list of RFI requirements from Council and was looking for assistance:
One Planner's Archive
Discussion Papers & Articles
Seriously Entertained
Not like after a night with Pink or One Direction – but like: ‘seriously entertained planning scheme amendments.
Over the last few months we have been contacted by a number of planning permit applicants seeking to clarify the definition of a “seriously entertained” planning scheme amendment/document and their affect.
Asking too Much. What’s in an Application?
Back in ML Design v Boroondara CC [2005] VCAT 2088, Deputy VCAT President Gibson found that an application for a planning permit requires only one item: an application form. In ML Design, we learned that anything else that the Council needs, including ‘mandatory’ items like the application fee, a certificate of title, plans and reports, can be sought through the Request for Further Information (RFI) process established at Section 54 of the Planning and Environment Act.
Referral Authorities and Changes to the P&E Act
When deciding a planning permit application, council or the responsible authority is sometimes required to notify and give a copy of the application to any relevant ‘ person or body that the planning scheme specifies as a Referral Authority ‘ pursuant to section 55, 56 and 61 of the Planning and Environment Act 1987 (P&E Act).