The process for determining how many days have lapsed for any given planning permit application can often be complex and confusing. It is not a simple count of the number of days that have passed since the application was lodged.
When does the clock start?
There are two key areas that can delay the clock starting: further information requests and amendments to an application.
1. Further Information Requests
The Council has 28 days to provide an applicant with a request for further information. The application is not considered complete until all further information is received and therefore the statutory clock does not start until all further information is submitted. In this instance, the statutory clock begins (from zero days) on the day the further information is submitted with Council.
It the request for further information is made outside of 28 days, then the clock does not stop, and the statutory clock begins on the day that the application was received by the Council (Wilbow Corporation PL v Boroondara CC (Red Dot) [2006] VCAT 437 (21 March 2006)).
2.Amendments to an Application
The clock will also reset to zero when a Section 50 or 57A amendment to the application is lodged.
Is there anything else?
Yes! The statutory clock is paused at the time Council requests the applicant to give notice of an application. It recommences when the last notice is given (i.e. letters sent out or notice erected on the site).
The Red Dot Decision National Property Group Pty Ltd v Manningham CC (Red Dot) [2018] VCAT 313 made the important distinction that the pause for the giving of notice does not apply where a Responsible Authority elects to give public notice rather than requiring a permit application to do so.
Importantly, statutory days include weekend days and public holidays.
The Victorian and Civil Administrative Tribunal (VCAT) provides a helpful calculator of statutory days. You can find the calculator here.
What next?
If your application has passed 60 statutory days, you can lodge an application for review with VCAT against Council’s failure to determine under Section 79 of the Planning and Environment Act 1987.
If you would like to discuss lodging an application for review with VCAT, please reach out to us at mail@glossopco.com.au or via phone on 03 9329 2288.
We are VCAT experts and would love to assist you with your next project.
