A recent decision of the Victorian Civil and Administrative Tribunal confirms the approach in the Planning and Environment List to permit applications where Owners Corporations object.

In Hamilton v Boroondara CC [2014] VCAT 1493, an Owners Corporation opposed the construction of a second dwelling on a lot.  It argued that the permit application was futile in the absence of its consent.

The Tribunal cited a range of cases which have considered arguments concerning futility where Owners Corporations have been involved.  The Tribunal drew a distinction between cases where the Owners Corporation’s objections related to a ‘critical feature of the viability of the proposal’ and to circumstances where the issues disputed by an Owners Corporation are ‘relatively minor’.

The Tribunal considered that the issues in Hamilton fell into the category of being ‘relatively minor’, and noted that if a dispute persisted between the Owners Corporation and the permit applicant, then this could be dealt with through the dispute mechanism procedures under the Owners Corporation Act 2006.

It is a requirement of the Owners Corporation Act 2006 to give notice of any planning permit application to a relevant Owners Corporation.  Persons intending to redevelop their land must consider the Owners Corporation as an interested party and determine whether the views of that body will impact upon the prospect of approval. 

For more information please contact:

Greg Tobin
Principal
Harwood Andrews
T: 03 5225 5252
E: gtobin@harwoodandrews.com.au

Sophie McGuinness
Senior Associate
Harwood Andrews
T: 03 9611 0117
E: smcguinness@harwoodandrews.com.au