Administrative Division
Application for Review by an Objector under section 82,
an Affected Person under section 82B, or
a Recommending Referral Authority under section 82AAA
of the Planning and Environment Act 1987
Making an application
Information that must accompany your application
You must include the following material with your application form:
· Copy of the responsible authority’s notice of decision to grant or amend a permit· Statement of Grounds, if a separate sheet is necessary
· The names and addresses of each joint applicant in decipherable form, and their signature, if this is a joint application*
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.
Time limit for lodging your application for review
If you are an objector or a recommending referral authority and want to review a decision by a responsible authority to grant a permit, you must lodge your application under section 82 or section 82AAA of the Planning and Environment Act 1987 within 21 days of the Council’s Notice of Decision to Grant a Permit.
Any person who is affected by the granting of a permit, where a written objection was received by the responsible authority, but who did not themselves object, may apply to the Tribunal for leave to review that decision to grant a permit (section 82B). No time limit is specified, but once the permit is issued or if the planning scheme excludes objectors' applications for review, leave cannot be given.
What will happen after you lodge your application for review?
After you lodge your application for review, the Tribunal will allocate a hearing date to hear the application. The Tribunal will issue an initiating order setting out the hearing date 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. The Tribunal will serve a copy of the application for review and the initiating order on the permit applicant, responsible authority and any referral authorities. A hearing date will not be allocated until your application is complete.
If your application for review is lodged out of time, a practice day hearing will be listed to consider whether to extend the time for commencing the proceeding. For information about extensions of time for making applications and the matters the Tribunal will take into account, see Planning and Environment List: Time Limits for Lodging Applications for Review on the VCAT website.
The Tribunal relies on the accuracy of the information you provide with your application to calculate the length of time required for the hearing. If you believe the time allocated is insufficient or too much, please advise the Tribunal in writing as soon as possible after receiving the initiating order.
Planning and Environment ListAdministrative Division
Section 82 or 82B
VCAT Reference Number (Office Use Only) / P /
Name of Applicant(s)
Full NameIs this a joint application? Please tick only one box
¨ No / ¨ Yes (If yes, refer to Planning and Environment List Guidelines for Making Joint Applications available on the VCAT website)If this is a joint application, you must attach the names and addresses of each joint applicant in decipherable form, and their signature.
Each joint applicant must be entitled to make the application. In the case of an application for review by objectors against a council’s decision to grant a permit, each of the joint applicants must be an original objector. A person who did not lodge an objection with the council cannot be a party to a joint application under section 82 of the Planning and Environment Act 1987. They must make a separate application and apply for leave under section 82B of the Act.
If you are applying for a fee waiver, all joint applicants must be eligible.
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 phoneMobile / Fax number
Details of Representative
Name/FirmReference Number/ Contact person
Address for service
Business phone / After hours phoneMobile / Fax number
Information about the land to which this application and the permit applies
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
Responsible Authority
Details of the permit application
Permit application number, if known:Proposal:
Is the permit application an application to amend an existing permit? If yes, you need to insert the existing permit number, if known.
¨ Yes / ¨ NoExisting permit number:
Details of your objection
Did the applicant/s lodge a written objection with the responsible authority?
¨ Yes / ¨ NoIf no, this application will be treated as an application for review under section 82B of the Planning and Environment Act 1987. An application for review under section 82B may only proceed if the Tribunal gives leave. If you are making an application under section 82B, you must complete Part B of this form.
Are you seeking a review of the decision of the responsible authority to grant a permit or to amend a permit under section 82 or section 82AAA of the Planning and Environment Act 1987?
You must attach a copy of the responsible authority’s notice of decision to grant a permit.
If you have answered No to the question above, then you are using the incorrect form. You may contact the Planning and Environment List of VCAT to obtain further advice as to what avenues may be available to you, depending on the circumstances regarding the permit application in dispute.
Reasons for reviewing the decision (Statement of Grounds)
A “statement of grounds”
• is a short but precise list of issues you wish to raise with VCAT, which contests the decision made by the responsible authority. The Planning and Environment Act 1987 and planning schemes define the issues VCAT can consider. VCAT must have regard to the matters set out in section 84B of the Planning and Environment Act 1987.
Set out a short statement of the grounds you rely on to support your application.
Attach a separate sheet if necessary.
Attachments
Attach the following documents to this application. Tick and reference the attachments provided. Attach a separate schedule of attachments if necessary.
¨ Copy of the responsible authority’s notice of decision to grant or amend a permit / Ref. No.¨ Statement of Grounds, if a separate sheet is necessary / Ref. No.
¨ The names and addresses of each joint applicant in decipherable form, and their signature, if this is a joint application / 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 mediation?
¨ Yes / ¨ NoA request for mediation does not always mean that VCAT will schedule a mediation. On the other hand, VCAT may schedule a mediation even if parties do not request it.
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 RepresentativeName of person completing this application (print)
Date
Checklist
Before you lodge this application, make sure that:
¨ You have signed and dated your application.
¨ 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 www.vcat.vic.gov.au 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 / $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 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.
PART B – Application under section 82B by affected person
Only complete this part if you were not an original objector and you wish to apply for leave to apply for review of the decision of the responsible authority to grant a permit under section 82B of the Planning and Environment Act 1987.
To make an application under section 82B, you must be a person who is affected by the grant of the permit and one or more written objections to the grant of the permit must have been received by the responsible authority.
The Tribunal must give the applicant for the permit, the responsible authority and the affected person an opportunity to be heard before making a decision about whether to grant leave. This will usually occur at a practice day hearing. The Tribunal is not required to hold a hearing if the applicant for the permit consents to the request for leave to apply for review.
The Tribunal may grant the leave to apply for review if it believes it would be just and fair in the circumstances to do so.
Details of how you are affected
Set out details of how you will be affected by the grant of the permit.
Attach a separate sheet if necessary
Details of why you did not lodge an objection
Provide details of why you did not lodge an objection with the responsible authority.
Attach a separate sheet if necessary.
Consent of the permit applicant
Does the applicant for the permit consent to your request for leave to apply for review?
¨ No / ¨ Yes / ¨ Don’t knowIf yes, attach a copy of the permit applicant’s written consent.
Payment by Credit Card
If paying by credit card, fill in the details here.
¨ Visa / ¨ MastercardAmount / ($)
Name on Card
Card Number
Expiry Date
Signature
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
MELBOURNE Victoria
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
Fax to: / The Principal Registrar
VCAT
Planning and Environment List
Fax Number: 9628 9789
______Victorian Civil and Administrative Tribunal
55 King Street Melbourne VIC 3000 Website www.vcat.vic.gov.au Telephone 1300 01 8228
GPO Box 5408 Melbourne VIC 3001 Email (1300 01 VCAT)
Ausdoc DX 210576 Melbourne