We have previously covered the issue of third party appeal right exemptions which planning schemes afford permit applicants in a number of situations. The recent VCAT’s decision of Geelong Community for Good Life Pty Ltd v Greater Geelong CC [2008] VCAT 1687 provides additional clarification on this issue.
These proceedings were brought about as a result of the permit holder’s request to amend endorsed plans relating to a concrete batching plant. This site was within a Business 4 Zone where buildings and works are exempt from public notification and third party appeal rights. Despite this, the neighbouring land owner sought to contest the amendment to a permit granted by Council pursuant to Section 89(1)(b) of the Planning and Environment Act on the basis that there had been a serious concealment of facts in the amendment application because they did not receive notice of the application.
At the hearing, the Tribunal refused the objectors application on the basis that the neighbouring land owner lacked standing due to the notification and appeal rights exemptions of the Business 4 Zone. In its decision, the Tribunal sited previous cases which established where planning schemes contained such exemptions, they extended to other applications for review with respect to refusals by Council, failure to determine and conditions.
Once again this case illustrates the importance for permit applicants to understand the exemptions contained in the scheme. In this case the permit applicant did understand the implications of the exemption and was successful in requesting that the matter be dealt with by the Tribunal at a prompt final hearing within weeks. Not understanding the implication of those exemptions and the options available at VCAT would have seen a less astute applicant waiting 4-6 months for an outcome.
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Last updated 111108