The Planning and Environment Amendment (Objectors Review Timing) Regulations 2018 came into effect on 1 July 2018. This amendment standardises the time in which an objector to a planning permit application can apply for review to VCAT (i.e. appeal) against Council’s intention (NOD) to grant a permit.
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?
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
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.
A recent VCAT case, Chin v Boroondara CC [2017] VCAT 521, looked at the issue of exemptions from third party notification and review rights and provides a timely reassurance that these exemptions must be upheld.
Occasionally a planning permit is issued with a mistake or clerical error which has an unintended impact on a proposal, particularly where it allows something different to that which was intended to be improved, or where a condition of permit is made unworkable, irrelevant or unclear by that error.
A no-show by an objector’s representative at a VCAT hearing has highlighted the importance of maintaining professional standards in dealings with the Tribunal.
As seasoned building designers will be aware, Rescode Standard B22 requires screening of first floor windows and balconies (and some ground floor windows) where they create overlooking opportunities into neighbours’ yards or windows.
Clause 52.29 of the Planning Scheme, Land Adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road, provides (inter alia) that a planning permit is required to “create or alter access to…a road in a Road Zone Category 1”.
Most readers will be aware of the recent VCAT decision granting permission for an Islamic Mosque to be constructed in East Bendigo.
