There were 42 published decisions of the Tribunal from the Planning and Environment List in the month of April, including the Red Dot decision of Viva Energy Australia v Greater Geelong CC (Red Dot) [2022] VCAT 326. As outlined in the summary comments this decision discussed the “complexity that exists when an application for review is brought under section 82 of the Act in circumstances where third party notice and review exemptions are in effect for some, but not all, of the permissions sought”.
Of interest also were:
- WTV Australia Pty Ltd v Moorabool SC [2022] VCAT 356, for the unusual nature of a part of an expiry condition imposed by Council and which was challenged by the permit applicant being “24 months after the gazettal of the rezoning of land in the Merrimu Precinct to a residential zone”. Ultimately the Tribunal concluded the condition was appropriate, though required a slightly different expression.
- Brunswick Investment Project Pty Ltd v Moreland [2022] VCAT 387, which received some media coverage being the refusal of a proposed new Bunnings store on Glenlyon Road on traffic related grounds.
- Japara Holdings Pty Ltd v Bayside CC [2022] VCAT 390, which in part concerned a legal question of the characterisation of whether a development fit the land use term ‘residential aged care facility’ or ‘retirement village’ noting the implications from a control perspective. The reasoning of the Member that this proposal did constitute a residential aged care facility may be of interest to persons grappling with whether a proposal is for a residential aged care facility or a retirement village.
Glossop Town Planning were also pleased to receive a permit in Tristone Pty Ltd v Maroondah CC [2022] VCAT, which enables our client to undertake a four lot vacant subdivision within Heathmont.
More generally, Glossop Town Planning appeared before the Tribunal on six occasions as an advocate within April (Hew Gerrard) representing both public and private sector clients and one occasion as an expert planning witness (John Glossop).
If Glossop Town Planning could potentially be of assistance with any VCAT related matters please contact our office on 9329 2288 or via email at mail@glossopco.com.au.
