Victorian Civil and Administrative Tribunal confirms it has jurisdiction to review section 173 agreements
Planning & Environment Harwood Andrews Planning & Environment Harwood Andrews

Victorian Civil and Administrative Tribunal confirms it has jurisdiction to review section 173 agreements

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.

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Victorian Court of Appeal clarifies scope of considerations relevant to determining planning permit applications for demolition of heritage buildings
Planning & Environment Harwood Andrews Planning & Environment Harwood Andrews

Victorian Court of Appeal clarifies scope of considerations relevant to determining planning permit applications for demolition of heritage buildings

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). 

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Expert duty to notify material change of opinion at VCAT
Planning & Environment Harwood Andrews Planning & Environment Harwood Andrews

Expert duty to notify material change of opinion at VCAT

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.

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