Seasoned developers and regular readers of BDAV News alike would be more than familiar with the extensive delays in getting matters heard at VCAT. Our own experience is that lags of up to 10 months between Council’s refusal and getting an audience with VCAT have hampered the process to an extreme extent.
In reaction to this ever increasing delay a substantial increase to VCAT’s budget was approved earlier this year. Consequently, opportunities have arisen for appropriate applications to be brought forward to earlier hearing dates. In these instances VCAT has written to the permit applicant, inviting them to undertake the relevant process to alter the hearing date.
If all parties do not consent to the change in date, a Practice Day Hearing is likely to be set down to contemplate whether a change of date is acceptable, and to hear submissions from all parties. Our recent experience indicates that such hearings are generally considered formalities and unless extraordinary circumstances exist the hearing is likely to be bought forward.
It is important to bear in mind is that the requirement to circulate amended plans and Expert Witness Statements are not varied if the dates are brought forward. This is a welcome initiative to reduce the time it takes to finalise matters.
Seek Professional Advice
Information contained in this publication should be considered as a reference only and is not a substitute for professional advice. No liability will be accepted for any loss incurred as a result of relying on the information contained in this publication. Seek professional advice in specific circumstances.
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