• VCAT
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June 2, 2018

Objectors now have more time to appeal planning approvals

Objectors to planning applications that have been granted by council have now been given more time to appeal the decision at VCAT.

The new planning regulations passed by the Victorian Parliament come into effect July 1. They will increase the number of days an objector can appeal council approval of a planning application from 21 days to 28.

Planning Permit vs Notice of Decision  When there are objections to a planning application the council issue a Notice of Decision to grant a permit. This is different from a planning permit as it only signals the decision to grant a permit and the conditions that will be attached to the permit if and when it is issued.

A Notice of Decision gives objectors a chance to appeal and possibly overturn the council’s decision at VCAT before the permit is issued. It is this time limit to appeal that Parliament have chosen to extend by 7 days.  

If no objectors decide to fight the decision at VCAT then the planning permit is issued after the time limit has lapsed. The 28 days start from the day after the notice of decision has been issued. 

This new time limit only applies to applications received on or after July 1. For all previous applications the 21 day limit will still apply.