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VCAT introduce the Fast Track List

From 1 July 2022, the Victoria Civil and Administrative Tribunal (“VCAT”) will be introducing a Fast Track List to efficiently process the review of, primarily, post-permit requests/applications in the Planning and Environment Division.

Hearings in the Fast Track List will be listed within approximately 9 to 12 weeks from the date of filing and parties can request a decision ‘on the papers’, without the need to appear. The Member may give an oral decision at the conclusion of the hearing (if one is listed) or, alternatively, provide a written decision within 2 to 6 weeks of the hearing/date of submissoins being filed.

What matters will be included in the Fast Track List?

The following applications under the Planning and Environment Act 1987 (Vic) will be included within the Fast Track List :

  • Section 81(1) failure or refusal to extend the time of a permit;
  • Section 81(2) refusal to extend the time by which information must be given in a planning permit application;
  • Section 87 or 89 cancellation or amendment of a permit (including stop order requests pursuant to section 93);
  • Section 97P failure or refusal to issue a certificate of compliance;
  • Section 97Q cancellation or amendment to a certificate of compliance;
  • Section 149(1) ‘to satisafaction of the responsible authority’ matters;
  • Section 149A application for declaration; and
  • Section 184, Section 184A-184D applications to amend or end an agreement.

There will be no opportunity to seek leave to substitute an amended proposal for that considered by the Council.  However, evidence can still be called and would be required to be circulated 10 business days prior to the hearing.

About Best Hooper – Victoria’s Property, Planning and Land Development Advisory Law Firm

Best Hooper are the oldest and most prominent developer focused law firm in Victoria who have served our community since 1886; through wars, recessions, depressions and pandemics. We are actively advising clients in relation to the COVID-19 outbreak on all property related matters including leasing, disputes, property transactions and planning advices and applications. We are continuously recognised as industry leaders in a variety of publications, including Doyles Guide and Best Lawyers.

Edward and Mitch are members of our Planning team, if you require more information please call Edward Mahony (Senior Associate) on (03) 9691 0228, emahony@besthooper.com.au or Mitchell Trevaskis (Lawyer) on (03) 9691 0247 mtrevaskis@besthooper.com.au

You can read more about Fast Track Cases by following this link.

 

Edward Mahony

Senior Associate
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Mitchell Trevaskis

Lawyer
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