Once again at this time of year Councils across the state will implement ‘blackout periods’ restricting the advertising of planning applications over the festive season. As is the case year-in-year-out the dates and restrictions of the ‘blackouts’ vary from Council to Council.
Permit applicants should contact their relevant Council for details, but here is an example of what some Councils have announced will not count towards the normal 14 day public notification period.
Glen Eira: Dec 8th – Jan 7th 2015
Port Philip: Dec 19th – Jan 4th 2015
Brimbank: Dec 12th – Jan 5th 2015
Banyule: Dec 12th – Jan 6th 2015
In some instances a sign must be erected for 14 ‘continuous’ days (not including the dates above). So it is often in an applicant’s best interest to not erect the sign on site until after the blackout period has ended.
It is also noteworthy that the Planning and Environment Act does not authorize Council to ‘blackout’ days over the Christmas period, even though it has become common practice.
Regular readers will be aware that we recently reported on changes to the VCAT Act that require VCAT application fees associated with ‘failure to determine’ appeals to be borne by Council, at the direction of the Tribunal, unless the Council can convince the Tribunal that no such order should be made.
Clause 1 believes Councils that enforce ‘blackout periods’ over the Christmas period could be inadvertently exposing themselves to ‘failure’ appeals from more-aggressive applicants and may well find themselves liable for the associated appeal fees.
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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