What is VCAT?

VCAT (the Victorian Civil and Administrative Tribunal) independently reviews decisions made by councils about planning permit applications and other planning matters. The State Government appoints VCAT members who are qualified legal practitioners, planners and other specialists.

An appeal to VCAT is called a review in which they conduct public hearings and consider submissions made by all the parties.

If a permit application is refused and you wish to apply for a review of this decision through VCAT, you must do so within 60 days of Council's decision. Similarly if any objectors wish to make an application for review they must do so within 21 days of Council's decision.

An application for review involves a considerable amount of time, effort and expense and should be considered carefully as a proceeding can only be stopped if VCAT agrees to it.

Who can apply for a Review?

If a person's permit application is refused they can apply for a review of this decision, or if council grants the permit with conditions the applicant can apply for a review of the conditions. The objector can also apply for a review of a decision to grant the permit.

There are other types of application for review but these are less common. If you have a planning problem, talk to the council planner to find out if an application for review is appropriate in your circumstances.

How do I apply for a Review?

You will be required to fill out an application for review form and attach a statement of grounds explaining the reasons for the review and your position.

Ensure that the application for review form and the statement of grounds are signed and dated and include VCAT's reference number, the address of the land and your name and contact details so you are kept informed about the review.

VCAT will also require a fee to be paid at the time of lodgement. You can call VCAT on (03) 9628 9777 before lodging your application to determine the required fee.

Lodge the form, the required fee and statement of grounds with the Registrar, VCAT, 55 King Street Melbourne 3000 or Fax: (03) 9628 9787 within the relevant time limits.

Where do Hearings Take Place?

Most hearings take place at VCAT's offices at 55 King Street, Melbourne and are open to the public. The morning hearings start at approximately 10.00am and afternoon hearings start at approximately 2.15pm, however these times can change. Check the times on the day of the hearing either on the information board on the ground floor foyer of VCAT offices or in the daily Law List which is published in the Age newspaper.

Preparing and Presenting a Submission

VCAT provides a brochure explaining some of the VCAT procedures for preparing and presenting a submission and may also assist with the preparation of submissions
VCAT web site or telephone VCAT on (03) 9628 9777.

When is the Decision Made?

Usually, the decision is made some weeks after the hearing date and the applicant(s) are notified in writing. A copy of the written decision is posted to all parties at the same time. Sometimes, however VCAT will announce the decision at the end of the hearing.

VCAT makes its decision based on the submissions and evidence submitted, the relevant planning policies and requirements, its inspection of the site, and its own assessment of the proposal's likely impacts.

VCAT's decision is final unless there is an appeal to the Supreme Court on a question of law.

For further information you can contact Frankston City Council's Town Planning Department on (03) 9784 1888