One Planner's Archive

Discussion Papers & Articles

Victoria's New Residential Zones
Aboriginal Cultural Heritage
Calculating Council's 60 Day Timeframe
Applying for Costs at VCAT
Amending a Planning Permit

VCAT Red Dot Decisions – Development Plans

The recent Victorian Civil and Administrative Tribunal (the Tribunal) case ID-FLK Gisborne Pty Ltd v Macedon Ranges SC [2019] VCAT 1336 considered whether VCAT has the power to amend and/or consider a version of a Development Plan that differs from the Development Plan that formed the basis of the responsible authority’s decision.

Part 1: Partial CHMP = No CHMP

Regular readers will be familiar with the fact that if a Cultural Heritage Management Plans (CHMP) is required as part of a planning permit application, the statutory clock doesn’t start until such time the approved CHMP is supplied.

Planning Decision Flip, Flop, Flip, Flop… FLOP!

Only for the brave: Council refuses to support a planning permit application, then amends its position to support the application, then seeks to argue for the application to be refused, is then forced to support the application – but in the end the permit is refused and the permit applicant left to ponder how this ‘whole-planning-thing’ works.

Fire Damage

Does a fire causing significant damage to heritage buildings undermine the ability of the Tribunal to hear an Application for Review lodged prior to the fire?

Councils Fight Back on VCAT Fees

Regular readers and applicants will be aware of Section 115CA of the VCAT Act, introduced in 2014. Section 115CA provides that the VCAT application fee for a permit applicant’s appeal against ‘failure-to-determine’ (within the 60 day statutory timeframe) is required to be reimbursed by Counci

VCAT Daily Hearing Fees

Clause 1 regularly represents clients at VCAT and, since the introduction of Daily Hearing Fees we have been concerned with the potential for significant and unreasonable additional costs to permit applicants. Daily Hearing Fees are payable for each day (or part thereof) the Tribunal sits in hearing a matter. Generally, the fees vary between approximately $350 – $3400 per day, depending on the type of case and type of applicant.