If a planning permit application is refused or an applicant is unhappy with conditions placed on their permit, they may lodge an application for review of the decision (appeal) to the Victorian Civil and Administrative Tribunal (VCAT).
Objectors to an application may also lodge an application for review with VCAT against a Council decision to grant a permit.
Some common VCAT appeal types include a review of:
- a decision by Council to refuse a planning permit (commonly known as a Section 77 Appeal against refusal)
- conditions contained within a planning permit issued by Council (commonly known as a Section 80 Conditions appeal)
- a decision by Council to grant a planning permit if you are an objector to the original application (commonly known as a Section 82 Objector appeal)
- a failure by Council to issue a decision on a planning application within the 60-day statutory timeframe (commonly known as a Section 79 Failure appeal).
How to lodge an appeal
The application for review must be submitted to VCAT using the required VCAT form and accompanied by their prescribed fee. Lodgement options are listed on the forms.
Permit applicants or holders
If you're a permit applicant, you must submit your VCAT application for review form to VCAT within 60 days of Council’s Notice of Refusal. For full details on appeal provisions, please refer to the back of your decision document or visit the VCATwebsite.
If you are an objector, you must submit your VCAT application for review - objectors form within 28 days from the date of the Notice of Decision. For full details on appeal provisions for objectors, please refer to the back of your decision document or visit the VCAT website.
VCAT also has a list available of current objector applications for review.