Insights

There were seventy-two decisions by the Tribunal reported in the Planning and Environment List for the month of June.

A big May for the Tribunal with 85 reported decisions in the Planning and Environment List. These included the Red Dot decision of Sicari v Boroondara CC (Red Dot) [2023] VCAT 518 which succinctly confirmed that an objector cannot seek leave to appeal a decision when the permit has already been issued.

Sixty-three reported decisions were issued in April by the Tribunal in the Planning and Environment List including the Red Dot decision of Koneska v Greater Geelong CC (Red Dot) [2023] VCAT 359 concerning an objector appeal where after the Hearing had been held but before a decision was issued, the planning scheme was amended to remove review rights (Amendment VC226 in relation to telecommunication facilities). The Tribunal found the application for review to now be misconceived and dismissed the proceeding.

A busy month for the Tribunal in March with 79 reported decisions in the Planning and Environment List including the Red Dot decision of Box v Stonnington CC (Red Dot) [2023] VCAT 289 which details reasons why an objector cannot simply lodge a Statement of Grounds to become a party to another objector’s application for review. While the decision has a straightforward logic to it, it is also somewhat of a ‘popcorn decision’ with respect to some of the arguments advanced.

There were 58 reported decisions of the Tribunal in the Planning and Environment List in February. Three decisions of interest were: