The Victorian Civil and Administrative Tribunal (VCAT) has recently included a new resource to its online planning and environment resource hub, which publishes notable decisions from practice day hearings. Practice days hearings are held so that Tribunal members can make key decisions about how a proceeding will be managed. The findings often given practitioners clarity on how the Planning and Environment Act is to be implemented or how to prepare for VCAT hearings where similar matters may arise.
A link to VCAT’s practice day hearing resource can be found here : https://www.vcat.vic.gov.au/case-types/planning/planning-environment-resource-hub/practice-day
At the time of writing, there are practice day decisions concerning:
- Whether the Tribunal can decide to extend the time limit to commence a proceeding
- Whether third parties have notice or review rights for permit applications on land affected by a Development Plan Overlay
- What constitutes giving notice to the owner of the land that an application for planning permit has been made
- Circumstances where Council has issued two Notice of Decisions (NODs)
- Whether VCAT has jurisdiction to hear an appeal against Council‘s decision to extend a permit for one year when two years were sought
- Whether Councils should provide copies of the delegate’s report when made aware that an appeal has been lodged, before required to do so under the Tribunal practice note
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