Planning and Environment List
Administrative Division

Application by a Non-Permit Holder to cancel or amend a permit under section 87 or 89 and stop order under section 93
of the Planning and Environment Act 1987

Making an application

Information that must accompany your application form

  • A title search of the land (not more than 14 days old)

  • Copy of the permit to be cancelled or amended*

  • A copy of any VCAT decision relating to the subject permit*

  • Details of proposed amendments, including a track-changes version of proposed amended permit*

  • Facts relied on, if a separate sheet is necessary

You must also provide information about the zone, overlays or other planning controls that affect the land. You may need to obtain this information from the responsible authority if you do not know the details.

If your application is incomplete and you do not include all the material and information required, plus payment of the fee, your application may be rejected or struck out.

What will happen after you lodge your application?

After you lodge your application, the Tribunal will allocate a date for a practice day hearing to consider the application and its future conduct. The Tribunal will issue an initiating order setting out the date for the practice day hearing and giving directions about steps that you and other parties to the proceeding must comply with. The initiating order will set dates by which each step must be completed. A date will not be allocated until your application is complete.

If you fail to comply with the Tribunal’s initiating order by the dates specified in the order, your application may be struck out without further notice. If you are unable to comply with any aspect of the initiating order, you must apply to the Tribunal in writing for an extension of time. You cannot change dates without an order by the Tribunal.

Information about cancellation or amendment of permits by non-permit holders

‘Non-permit holder’ means a person who is NOT the owner or occupier of the land concerned, or any person who is entitled to use or develop the land concerned. It includes the responsible authority or a referral authority.

Please read VCAT’s Practice Note PNPE3 – Cancellation & Amendment of Permit and Stop Ordersand VCAT’s Guidelines for cancellation and amendment of permits under sections 87 and 89 of the Planning and Environment Act 1987before completing this form.

Planning and Environment List
Administrative Division
Section 87, 89 & 93
VCAT Reference Number (Office Use Only) / P /

Name of Applicant(s)

Full Name

Address and Contact Details of Applicant(s)

All correspondence will be sent to the applicant(s) at this address or email, unless the ‘Details of Representative’ section is completed, in which case all correspondence will be sent to the representative address or email. Complete only one section. DO NOT COMPLETE BOTH SECTIONS. Address for service must be a Victorian address – VCAT Rules 2008 Order 4.08.

Address for service

Business phone / After hours phone
Mobile / Fax number
Email

Details of Representative

Name/Firm
Reference Number/ Contact person

Address for service

Business phone / After hours phone
Mobile / Fax number
Email

Details of land owner & occupier

Who is the permit holder? List the names and addresses of the owner and occupier of the land. Attach a separate list if necessary.

Land owner – name
Address
Occupier 1 – name
Address
Occupier 2 – name
Address

Details of other interested persons

Are there any other persons who may have a material interest in the outcome of this application? Attach a separate list if necessary.

Person 1 – name
Address
Person 2 – name
Address
Person 3 – name
Address

Information about the land

If there is no conventional address (street number, street and locality) insert a land description:

•Certificate of Title volume and folio;

•Lot and lodged plan number;

•Crown allotment; or

•Section number /Township/Parish.

Address or description of the land to which the permit applies

Responsible Authority

Details of the permit

Information about the permit to be cancelled or amended

Permit Number
Date issued
Who issued the permit

Was the permit issued at the direction of VCAT?

Yes /  No /  Don’t know

If YES, please provide the following details

VCAT reference number
AustLII citation (if known)

Details of cancellation or amendment

If you want to amend the permit, you must attach a precise description of the amendment(s) you propose, i.e.:-

  • If you want to amend what the permit allows, state what the permit allows now and what changes you want.
  • If you want to amend or delete conditions, state what conditions you wish to delete, and include draft amended conditions which are to replace existing conditions or which are to be added.
  • If you want to amend plans, you must submit a statement in writing describing the changes from previous plans.

Do you want the permit to be cancelled?

Yes /  No

Do you want the permit to be amended?

Yes /  No

If YES, do you want an amendment in respect of:

What the permit allows

Conditions in the permit

Plans referred to in the permit or endorsed under the permit

Please provide the following information and material about the permit and any proposed amendments

What is the name of the relevant planning scheme, the zone and any overlay or other control applying to the subject land?
Provide a copy of the relevant permit.
Provide any relevant endorsed plans or other documents approved under the permit, if possible, any other relevant reports, correspondence or material.
Provide a copy of any relevant VCAT decision, if possible
Set out or provide a copy of details of what changes you want to make to what the permit allows
Set out details of what conditions you want to amend or delete
Set out or provide a copy of details of any draft conditions which you want to replace existing conditions or you want to be added
Provide details of how you wish to amend any plans
Provide a track-changes version of the amended permit, including all the changes you wish to make, if possible

Basis for application under section 89 of the Act

Section 89 of the Planning and Environment Act 1987 provides that any person who objected or would have been entitled to object to the issue of a permit may ask the Tribunal to cancel or amend a permit in certain circumstances. If you are not the responsible authority, a referral authority or the permit holder, you must meet the criteria in section 89 to be entitled to make an application.
The Tribunal may refuse to consider your application unless it is satisfied that it was made as soon as practicable after you had notice of the facts relied on in support of your application (see section 89(3) of the Planning and Environment Act 1987).

Did you lodge an objection to the issue of the permit?

Yes /  No

Do you believe that you should have been given notice of the application for the permit and were not given that notice?

Yes /  No

Do you believe that you have been adversely affected by any of the following? Tick only if relevant.

A material mis-statement or concealment of fact in relation to the application for the permit?

Any substantial failure to comply with the conditions of the permit?

Any material mistake in relation to the grant of the permit?

What was the date upon which you first became aware of the facts you rely on?

Date

Fact relied on

When setting out the facts upon which you rely, ensure that you include details (where relevant) of:

  • Any alleged mis-statement or concealment of fact in relation to the application for the permit; any substantial failure to comply with conditions; or any material mistake in relation to the grant of the permit.
  • How you were adversely affected by any of these matters.
  • Why you should have been given notice of the permit, if you were not given notice.
  • Why you could not reasonably have been aware of the application for the permit in time to lodge an objection.
  • How you are disadvantaged by the permit.
  • Any other material facts.

Set out the facts you rely on to support your application Attach a separate sheet if necessary

Other proceedings affecting the land

Do you know of any other planning proceedings relating to or affecting the land, such as a permit application or an application for review?
If so, give details including Tribunal reference numbers, if possible.

Attachments

Attach the following documents to this application. Tick and reference the attachments provided. Attach a separate schedule of attachments if necessary.

 A title search of the land (not more than 14 days old) / Ref. No.
A copy of the permit to be cancelled or amended / Ref. No.
 A copy of the VCAT decision relating to the subject permit / Ref. No.
Details of proposed changes to the permit, if a separate sheet is necessary / Ref. No.
A track-changes version of the amended permit / Ref. No.
Facts relied on, if a separate sheet is necessary / Ref. No.
Other attachments (if relevant)
 / Ref. No.
 / Ref. No.

Hearing time and complexity

Estimate the time it will take you to present your complete case at the hearing (submissions plus witnesses) and the number of expert witnesses you intend to call, if any.

Time to make submissions & present evidence:
evidencennnneeevidenceevidence / Hours / Minutes
Number of witnesses: / Expertise:

See VCAT’s Practice Note PNVCAT2 – Expert Evidence for information about the obligations of expert witnesses and what must be included in the report of an expert witness.

Are you seeking a compulsory conference?

Yes /  No

A request for compulsory conference does not always mean that VCAT will schedule one. On the other hand, VCAT may schedule a compulsory conference even if parties do not request it.

Stop order

Do you intend to apply for an order to stop development under section 93 of the Planning and Environment Act 1987? If so, you must complete Part B of this form and pay an extra fee.

Yes /  No

PART B – ORDER TO STOP DEVELOPMENT

Only complete this part if you wish to apply for an order to stop development under section 93 of the Planning and Environment Act 1987. An additional fee or application for waiver must accompany an application for an order to stop development.

Section 93 of the Planning and Environment Act 1987 enables a stop order to be made in urgent cases to maintain existing circumstances pending the hearing of an application to cancel or amend a permit under section 87 of the Act.

An application must be made to cancel or amend a permit under section 87 before an application for a stop order under section 93 can be heard. The two applications may be lodged simultaneously. An application for an order to stop development should only be made when there is genuine urgency.

An application for an order to stop development should be supported by an affidavit swearing to the truth of the contents of the application and of any other facts on which the application is based.

Reasons for applying for an order to stop development

Why do you want an order to stop development?
State what harm you expect to happen if an order is not made. What would be the effect of not making the order? Attach a separate sheet if necessary

Undertaking as to damages

If you apply for an order to stop development, you will normally be required to give an undertaking as to damages. If you give an undertaking as to damages and your application for a stop order is not successful, you may be liable to pay compensation
(section 93(1A) of the Planning and Environment Act 1987).

Are you prepared to give the following undertaking as to damages?

Yes /  No

Undertaking
If the Tribunal ultimately decides that the application to cancel or amend the permit should not be granted, and a court or the Tribunal decides that any person has suffered loss or damage as a result of the making of the stop order and further decides that I should compensate that person for the loss and damage suffered, I undertake that I will pay the amount assessed by the court or the Tribunal to that person.

Proposed order to stop development

Specify in precise terms the development that should be stopped pending the hearing of the request to cancel or amend the permit.
The terms of the order should be capable of being included in an order by the Tribunal. Attach a separate sheet if necessary.

Acknowledgement

I acknowledge that:

  • To the best of my knowledge, all information provided in this application is true and correct and that no details relevant to the application have been left out.
  • I approve the information that has been provided.
  • It is an offence under section 136 of the Victorian Civil and Administrative Tribunal Act 1998 to knowingly give false or misleading information to VCAT.

Category of person completing this application:

 Applicant in person /  Authorised Representative
Name of person completing this application (print)
Date

Checklist

Before you lodge this application, make sure that:

You have completed all details and responded to all questions.

All documents regarding fees (e.g. fee waiver documents, credit card form or cheque) are supplied with your application.

You have attached and properly referenced all of the attachments listed in this form.

Fees

You must pay the relevant application fee at the same time you lodge this form. Fees may change each year. To find out about the current fee, visit the VCAT website or call VCAT on 1300 01 8228.

VCAT may waive the requirement to pay a fee in some instances. Details are available on the VCAT website. You should apply for a waiver at the same time that you lodge this form.

Application fee to cancel or amend a permit / $
Application fee for an order to stop development / $
Total fees / $

Fees can be paid via money order, cheque, cash or credit card.
Money orders and cheques are to be made payable to ‘VCAT’. Cash payments will only be accepted if you are delivering this application in person to VCAT. Do not send cash in the mail. If faxing or emailing the application, you can only pay by credit card.

If you wish to pay the fee by credit card, please fill in the details on the last page.

Lodgement and Contact Information

Lodge this completed form, any attachments and the applicable fee by:

Email to: /
Mail to: / The Principal Registrar
VCAT
Planning and Environment List
GPO Box 5408
MELBOURNE VIC 3001
DX delivery to: / The Principal Registrar
VCAT
Planning and Environment List
DX 210576
MELBOURNEVictoria
Deliver in person during office hours to: / The Principal Registrar
VCAT
Planning and Environment List
Ground floor, 55 King Street
MELBOURNE VIC 3001
Office Hours: Monday to Friday from 8:30am to 4:30pm

About VCAT Fees

VCAT fees are charged according to three levels:

  • Corporate fees for businesses and companies with a turnover of more than $200,000 in the previous financial year, corporate entities and government agencies
  • Standard fees for individuals, not-for-profit organisations, and small businesses and companies with a turnover of less than $200,000 in the previous financial year. Companies must provide a statutory declaration to support this claim
  • Concession fees for people who hold the Australian Government Health Care Card. You must provide a copy of your card with your application

To find out if you need to pay an application fee and how much it costs, visit the fees page at

Fee Relief

We can reduce or not charge (waive) a VCAT fee in certain circumstances.

Some people are automatically entitled to a full fee waiver. You can also apply for fee relief if paying the fee would cause you financial hardship.

Visit vcat.gov.au for more information about fee relief

Are you applying for fee relief?

No – completeFee payment section

Yes – completeFee relief form and attach it to this application form

Payment by Credit Card

If paying by credit card, fill in the details here.

 Visa /  MasterCard
Choose the fee level:
 Standard /  Corporate /  Concession
Fee Amount Charged / ($)
Name on Card
Card Number
Expiry date
Signature

______Victorian Civil and Administrative Tribunal

55 King Street, Melbourne VIC 3000Website 1300 01 8228

GPO Box 5408 Melbourne VIC (1300 01 VCAT)

Ausdoc DX 210576 Melbourne