(03) 9720 2922

Jansen Walsh and Grace

Planning appeal

Someone may lodge an objection to your plan with the council.  The council may decide not to make a decision or reject your application. Alternatively, the council may have imposed onerous and unnecessary requirements.

In those circumstances, you must lodge an application in the Planning and Environment List of the Victorian Civil and Administrative Tribunal.  We can appear for you before the Tribunal as we understand the planning process and overlays.

We can also advise you on section 173 agreements and planning restrictions, including the Green Wedge and other planning overlays.

Section 60 of the Planning and Environment Act 1987
If you are seeking to vary or modify a restrictive covenant under section 60 of the Planning and Environment Act 1987 to allow your development to proceed (rather than under section  84 of the Property Law Act), and there is an objector, the decision of the Tribunal in Stuart v Mornington Peninsula Shire Council [2018] VCAT 67 shows that, if the covenant was created before 25 June 1991, you are unlikely to succeed.  We advise our clients that it is preferable to make their application to the Supreme Court under section 84 of the Property Law Act 1958.