CHANGE OF PLANS?

VCAT Rulings on Process to Amend Plans – Transitional provisions in the Neighbourhood Residential Zone

In recent articles we have commented on the new residential zones including transitional provisions that allow planning permit applications lodged before the introduction of the new zones to be considered under the ‘old’ rules.

A new ‘rule’ under the neighbourhood residential zone (NRZ) will limit the number of dwellings that can be constructed on a lot.  Providing an application has been made before the new zone is introduced then under a transitional provision the ‘new’ rule does not apply.

This month there have been two cases at the Victorian Civil and Administrative Tribunal (VCAT) that have made important rulings on making changes to plans.

In Samsons (Shoobra) Pty Ltd v Glen Eira CC [2014] VCAT 980 (8 August 2014) VCAT determined that when amended plans were re-lodged under the Planning and Environment Act 1987 after the NRZ had been introduced, the amended application became a ‘new’ application and thus was made outside the transitional provision entitlements and could no longer be considered.

In Estia Health Pty Ltd v Glen Eira CC (Includes Summary) (Red Dot) [2014] VCAT 994 (15 August 2014) VCAT determined that unlike the Planning and Environment Act, the Victorian Civil and Administrative Act 1998 (the VCAT Act) does not include any provision that changes the date that a planning permit application is considered to be made.  Plans that are amended under the VCAT Act therefore are still subject to the transitional provision and can be considered.

In summary, if you have lodged a planning permit application under this transitional provision of the NRZ and you are seeking to the amend the application, it is vital that you do this under the VCAT Act and not the Planning and Environment Act.  If in doubt on this process please feel free to contact us.

Enquiries to James Million on 03 8698 9300 at jjm@colliepl.com.au