In the lead up to the 2014 State election, the (then) Labor opposition promised to introduce legislation concerning the weight to be given to the number of objections received in respect of a planning permit application.

A recent decision of the Victorian Civil and Administrative Tribunal has confirmed further restrictions on the ability of Owners Corporation rules to regulate the use of lots. This decision follows an earlier ruling that Owners Corporations are unable to stop short term leasing of apartments.

A recent VCAT decision has clarified the powers of Owners Corporations to regulate short term leasing. It is common for Owners Corporation Rules to restrict certain activities that can be done in a multi-unit complex.

The Tribunal recently commented upon the role that expert witnesses play in proceedings before the Victorian Civil and Administrative Tribunal. 

The Victorian Civil and Administrative Tribunal  (VCAT) has last week considered the operation of Clause 61.01 which makes the Minister for Planning the responsible authority for certain planning applications within the City of Melbourne. 

Dustday Investments v Minister for Planning & Melbourne City Council [Dustday] represents the first judicial consideration of the current section 12(2) of the Planning and Environment Act 1987.

In the recent decision of Calderara v Banyule (Calderara) the Victorian Civil and Administrative Tribunal (the Tribunal) considered whether section 149(1)(b) of the Planning and Environment Act 1987 conferred it jurisdiction to review a Council’s decision not to ‘agree’ to an action restricted under a section 173 agreement.