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Planning Appeals

The Planning and Environment Act 1987 enables an appeal to the Victorian Civil and Administrative Tribunal (VCAT) against a Responsible Authority's decision (or failure to make a decision).

Notes regarding Lodgement of Appeals

  1. Attention is drawn to the Victorian Civil and Administartive Tribunal Act 1998, the Planning and Environment Act 1987..
  2. If a number of people appeal jointly, the name and address of a person to whom notices are to be sent should be shown.
  3. Appeals must be made in writing in the Notice of Appeal Form and may be lodged during office hours at the office of the Registrar, Victorian Civil and Administrative Tribunal (VCAT) or sent by post.
  4. The person making the appeal may attach to the Notice of Appeal any further detail which supports the appeal.
  5. A person who lodged with the Responsible Authority an objection in writing to the granting of a permit may appeal against a decision to grant the permit. Any other person who is affected may appeal against a decision in any case in which a written objection to the granting of a permit was received by the Responsible Authority. The appeal must be lodged within 21 days after the Responsible Authority gives notice of its decision.
  6. An applicant may appeal:
    • in the case of decision to refuse to grant a permit, within 60 days after the Responsible Authority gives notice of its decision;
    • in the case of a condition in a permit issued, or to be issued, within 60 days after the permit was issued;
    • in the case of a requirement to give notice under Section 52(l)(d) of the Planning and Environment Act 1987, within 30 days after that requirement; and
    • in the case of a requirement for more information under Section 54 of the Planning and Environment Act 1987, within 60 days after the requirement.
  7. An appeal against:
    • a decision of a Responsible Authority refusing to extend the time within which any development or use is to be started or any development completed, must be lodged within 60 days after the decision; or
    • the failure of a Responsible Authority to extend the time within one month after the request for extension is made, within 60 days after the expiry of the one-month period.
  8. An applicant for a permit may appeal against the failure of the Responsible Authority to grant a permit within the time prescribed by Regulation 21 of the Planning and Environment Regulations 1988.

Timing

Objectors have 21 days to appeal and applicants have 60 days to appeal from the date of Council's decision. The decision of the Tribunal is final unless there is a dispute over a point of law.

The Tribunal must act in equity, good conscience and on the substantial merits of the case without regard to technicalities or legal forms.

Fees

Under the Victorian Civil and Administrative Tribunal (Fees) Regulations 2001, a fee is payable for appeals made to the Planning Division of the Tribunal. Fees may be waived in cases of financial hardship. Full details are available on the VCAT website

Lodgment of Appeals

Lodge your appeal at the following address:

Victorian Civil and Administrative Tribunal, 7th Floor, 55 King Street, Melbourne, 3000

Phone 9628 9777 Fax 9628 9789

Notice of appeal forms are available at the above offices or at the offices of Maroondah City Council.

For more Information

Contact Statutory Planning Services 9298 4287 or visit our offices in Braeside Avenue, Ringwood.

Postal Address: Maroondah City Council, PO Box 156, Ringwood, 3134


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