Planning insights and updates

May VCAT Update

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.

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Kingston C205

John Glossop recently gave evidence for Kingston City Council in relation to Amendment C205. The Amendment sought to introduce an updated Endeavour Cove Comprehensive Development Plan for the Endeavour Cove Marina in Patterson Lakes.

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April VCAT Update

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.

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March VCAT Update

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.

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January VCAT Update

January 2023 saw a modest 40 reported decisions of the Tribunal in the Planning and Environment owing to the Christmas holiday period. Three decisions were of interest being:

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December VCAT Update

To end 2022 there were 61 reported decisions of the Tribunal in the Planning and Environment List in December including the first one under the ‘new’ Merri-bek Planning Scheme (Pace of 3057 Pty Ltd v Merri-bek CC [2022] VCAT 1393).

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November VCAT Review

November saw a steady 63 reported decisions in the Planning and Environment List of the Tribunal with the following three decision being of particular interest:

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