This week, VCAT released an order from a Practice Day Hearing in the case of Salehi v Maroondah CC [2025] VCAT 502 relating to planning applications reviewed under Clause 55. When Clause 55 was enabled, there were transitional provisions that related to application submission and amendment dates. On the Department of Transportation and Planning website, direction was provided for applications submitted prior to 6 March 2025.
Applications lodged before 6 March 2025 will continue to be assessed by the council using clause 55, as it existed before 6 March 2025.
People who objected and applicants who applied under these rules will continue to have the council assess the application using these rules, including rights to object and appeal to the proposed development. VCAT will also be required to assess the proposed development under the old rules.
If the original permit application was lodged before VC267 came into operation, any application for an amendment of a permit under section 72 of the Act, must be assessed under the clause 55 provisions as they existed before 6 March 2025.
The application submitted to Maroondah City Council was for construction of 3 double storey dwellings and removal of vegetation’. The application was submitted on 2 May 2024 and amended 19 July 2024. Council issues notice of refusal on 19 September 2024 and the applicant submitted an application for review to VCAT on 15 November 2024.
With the final hearing date set for 19 June 2025, the applicant was of the opinion that if the plans were amended prior to the hearing, VCAT would assess the application under the current Clause 55. The current Clause 55 provided a more favourable standard that provided a reduced street setback.
The VCAT order concluded that as the application, amendment and Council’s decision dates were all prior to the 6 March 2025, VCAT would assess the application under the previous version of Clause 55, irrespective of amendments being made to the plans after 6 March 2025 and before the hearing date.
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