We were recently contacted by a permit applicant who had received a long list of RFI requirements from Council and was looking for assistance:
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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.
Back in ML Design v Boroondara CC  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.
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).