Appealing a VCAT Decision to the Supreme Court
Planning note looking at issues relating appealing a decision of VCAT. Clause 1 Planning
One Planner's Archive
Discussion Papers & Articles
Planning Mediation
Mediation is used often in planning to resolve or narrow issues between parties. The usefulness of mediation should not be underestimated where a face-to-face meeting or a telephone call might result in a much smoother process and mutually beneficial outcomes.
History of Heritage Overlay Supports Demolition
Many VCAT cases involve objections to the demolition of a heritage building or place that is already ‘protected’ by a heritage overlay under the Victorian Planning Scheme. It is often asked at what point is it worth saving a heritage building, when the building is in a poor state of repair?
Big Brother is Watching
An interesting and novel approach to gathering evidence for an enforcement matter has raised eyebrows within the planning sphere. In Mornington Peninsula SC v Peninsula Garden Supplies & Earth Moving Pty Ltd [2013] VCAT 2116, the Tribunal commended the Council for employing an unmanned drone to undertake a survey of land that Council alleged was being used for the transfer and storage of recycling and refuse.
Pre VCAT Mediation Goes Sour
We at Clause: 1 were interested to read the recent decision of Burnet v Yarra CC [2013] VCAT 1753. This case was an objector’s appeal against a mutli-storey mixed use development. Prior to lodging the appeal with VCAT the objector contacted the permit applicant by email (following the issue of a Notice of Decision in favour of the proposal and suggested that if the permit applicant paid for a development on her property she would not lodge an Application for Review against his NOD at VCAT.
It Must be Something in the (Ground) Water
In February this year we reviewed a number of VCAT decisions concerning constructing dwellings within areas designated as open potable water supply catchments. A recent red dot decision from VCAT
Major Cases List Shakeup is a Major Change for Applicants
The Major Cases List was introduced in 2011, with a goal to expedite the resolution of larger development projects that could contribute materially to economic activity in Victoria. The List was initially piloted with 391 cases worth a total of $6.66 billion (about 90% of all development value of all cases heard at VCAT) determined before funding for the pilot ran out.
More Light on Overshadowing Solar Panels
Further to our earlier article about solar roof top panels (February Tid-bits) another recent VCAT decision (John Gurry & Assoc Pty Ltd v Moonee Valley CC & Ors [2013] VCAT 1258) has shed some more light on the issue of whether or not the overshadowing of solar panels is adequate grounds for refusing to grant a planning permit.
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.
Applying for Costs at VCAT
This article provides an overview of the general principles relating to the awarding of costs at VCAT in planning matters…