Review by VCAT of a planning permit application
Previous: Deciding a permit application
If your permit application is refused by the council or responsible authority, or their decision contains conditions which you are not happy about, you may lodge an application for review to the Victorian Civil and Administrative Tribunal (VCAT).
You can also apply for a VCAT review if you want to object to a decision to grant a planning permit.
VCAT conducts public hearings and considers submissions from all parties involved. They assess the proposal's planning merits, decide whether a permit should be granted and what conditions are appropriate.
Review process
The process is largely the same for permit applicants and objectors. The main difference is that objectors have 21 days in which to lodge an application for review, while permit applicants have 60 days from when the decision was made.
The application for review must be submitted on the official form and sent to the Administrative Division of VCAT, 7th Floor, 55 King Street, Melbourne 3000, along with the prescribed fee.
If you are required to give a submission at the hearing of the review, it is essential that you do your homework and prepare your arguments well. It may help to visit the tribunal before the hearing, so that you understand its procedure and experience the atmosphere in which the review will be held. If you prefer you may have someone else represent you, such as a lawyer or planning consultant.
Any decision of VCAT is final and binding on all parties to the review, except on questions of law. An appeal against a tribunal decision on a question of law may be made to the Supreme Court.
Cost of review
Parties to a VCAT proceeding normally bear their own costs. However, if the tribunal considers the proceedings have been brought vexatiously or frivolously, or to secure or maintain a direct or indirect commercial advantage, or that someone has suffered as a result, then costs and sometimes damages may be ordered against those who lodged the application for review.
If you need more information on the review procedure, visit the VCAT office at 55 King Street, Melbourne or www.vcat.vic.gov.au.
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More information
Planning - a Short Guide (PDF - 669 KB)
Planning: a Short Guide provides more detailed information about the permit and review processes for occasional users of the planning system.
Chapter 3 Planning Permits (PDF - 655 KB)
This chapter of Using Victoria's Planning System provides detailed information about the permit and review processes.
Please note: Document(s) on this page are presented in PDF format. If you do not have the Adobe Reader, you can download a copy free from the Adobe web site