COVID-19 has temporarily stalled many facets of life. As we work from home, our fears reducing, feeling a warmth of pride that our community has prioritised public health over all else, it is dawning on us that there will be a ‘new norm’.
Some of our team at Clause 1 attended a webinar, yesterday, hosted by the Victorian Planning and Environment Law Association (VPELA), where the Deputy President of VCAT, Teresa Bisucci, gave an update on the initiatives being undertaken by the Tribunal in the new COVID19 environment
Practitioners should be aware that VCAT has placed ‘on hold’ all planning matters listed for hearings from mid-March to the 15th May 2020, due to Covid 19 safety issues associated with face-to-face hearings.
The right of objectors to appeal to VCAT for review of Council decisions to grant planning permits (pursuant to s.82 of the Planning and Environment Act 1987) is an important and well-established part of the Victorian planning regime.
This article was authored on 25th March, and may be redundant by the time you read it, but…COVID-19 is changing our lives. Clause 1 Planning sincerely hopes you and your loved ones can successfully navigate the coming months and we look forward to seeing you all on the other side.
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.
Not to be confused with a Statement of Compliance (required as part of a subdivision), the Victorian Civil and Administrative Tribunal (VCAT) as previously noted (in Studley Street Developments Pty Ltd v Yarra CC [2013] VCAT 1762) that ‘Certificates of Compliance’ are:
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.
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.
Over the past few months there have been a number of Red Dot decisions relating to changes to planning provisions that occur prior to a VCAT hearing, which will be of interest to readers.
