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.

Jacquier v Maroondah CC [2015] VCAT 217 (‘Jacquier’) is the latest in a series of Tribunal decisions to consider whether a permit application has lost the benefit of the Transitional Provisions in the recently introduced Neighbourhood Residential Zone (NRZ).

In a unanimous decision, the Court of Appeal (Warren CJ, Santamaria JA and Garde AJA) upheld the decision of VCAT to grant a planning permit for the demolition and redevelopment of ‘Arden’, a significant heritage place under the Boroondara Planning Scheme (Boroondara City Council v 1045 Burke Road Pty Ltd [2015] VSCA 27). 

The Victorian Civil and Administrative Tribunal has provided further commentary concerning the use of section 87A of the Planning and Environment Act 1987 to modify existing planning permits.

Members in the Planning and Environment List have been increasingly reluctant to allow expert witnesses to introduce changes to a development proposal through expert evidence. Parties are expected to seek expert advice early and incorporate any expert recommendations through the amended plans process enabling due notice to be provided to other parties and the Tribunal of a proposed change.

A recent decision of the Victorian Civil and Administrative Tribunal has highlighted the risk of relying on online mapping tools to assess whether a site is within an area of ‘cultural heritage sensitivity’ within the meaning of the Aboriginal Heritage Act 2006 and regulations.

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.

The Victorian Civil and Administrative Tribunal (VCAT) has clarified the interpretation of the provisions in all planning schemes in Victoria concerning the subdivision of land parcels which are in two planning zones.

The Victorian Civil and Administrative Tribunal (VCAT) has found that Owners Corporation special rules purporting to prohibit ‘illegal’ behavior, a relatively common formulation of rule, are unlawful under the legislative regime created by the Owners Corporations Act 2006.