The permit applicant can apply if:

• We refused their application (called a Section 77 appeal against a refusal). They must apply to VCAT within 60 days from when the ‘Notice of Refusal to Grant a Permit’ has been issued.
• They disagree with the conditions of the permit (called a Section 80 conditions appeal). They must apply to VCAT within 60 days from when the permit was granted.
• They do not get a decision from us within 60 days (called a Section 79 Failure to Determine appeal).

An objector can apply if:

They disagree with our decision to approve a planning permit (called a Section 82 objector appeal). They must lodge an application for review must be within 28 days from when the ‘Notice of Decision to Grant a Permit’ was issued by us.

The Planning and Environment Act 1987 stipulates that we must make a decision on a planning permit application within 60 days of receipt, otherwise the applicant can lodge an application for review to VCAT.

We are mindful that many planning permit applicants are often under time and financial pressures, and need us to process an application as efficiently as possible. However, there are processes that we must follow when assessing an application and larger scale applications often take us more than 60 days to determine.

Once an application to VCAT has been made, we are no longer the Responsible Authority for the application. VCAT become the decision maker. We will circulate our position on the application as soon as possible.

Applications are made online via VCAT’s website. For more information on VCAT and lodging an application for review, please visit VCAT.

The person who lodged the application for review will be required to send a notice of review to:
 

• objectors,
• permit applicants,
• referral authorities,
• Yarra City Council
   

You can contact us and ask for a list of people you must notify, by emailing planning.admin@yarracity.vic.gov.au and providing the site address and VCAT reference number in the subject line.

If you want to contest an application for review you must fill in a statement of grounds and circulate it to us, VCAT, and the person who lodged the application for review. You will also need to pay a small fee if you wish to participate in the hearing. More information is available on VCAT’s website.

Directions hearings

These hearings may be held before the full hearing. This is so that any preliminary matters can be addressed and delays are avoided.

Compulsory Conferences

These may be held before the full hearing. This is to provide all parties with an opportunity to reach an agreement on the matters in dispute. If an agreement is reached on all matters in dispute, then a full hearing won’t be held.

Major Cases

These are for larger scale developments that will be heard sooner and processed more quickly. A Directions hearing, Compulsory Conference and full hearing will be scheduled.

Short Cases

These are typically simple matters that will be heard sooner and processed more quickly. Hearings are typically 2 hours long. It is more likely that the VCAT member will give their decision at the end of the hearing.

Fast track

These cases are typically administrative matters that will be heard sooner and processed more quickly by VCAT. Hearings are typically 2 hours long.

A VCAT member/s is assigned to conduct the hearing. Hearings are open to the public and can be held either at VCAT (55 King Street Melbourne) or online.

The VCAT member(s) assigned to conduct the hearing will explain the procedure at the start of the hearing. Usually the VCAT member(s) will ask the hearing to run in the following order:

1. Our representative outlines the proposal, and explains the relevant planning policies and controls in the Yarra Planning Scheme, and why we made our decision.
2. The objector(s) outlines their concerns.
3. The applicant outlines why a permit should be granted or why conditions on the permit should be amended.

During the hearing, you cannot ask questions or interrupt other parties when they are speaking. Only the VCAT member can ask a question of someone. All presentations and answers to questions are directed to the VCAT member.

When an expert witness presents at a hearing, the VCAT member will ask if you have any questions of the expert and you can then ask questions (this is known as ‘cross examination’).

When presenting at VCAT, most people prepare a written submission which they talk to. Written submissions are circulated to all parties 5 days before the hearing. It provides structure to the presentation and means that the VCAT member(s) can look back over it after the hearing.

In your written submission you should:

• Be clear, concise and non-repetitive. Focus on the most important issues that you have and do not repeat what has already been said.
• Talk about how the proposal will impact on you.
• Be aware of the relevant planning provisions and controls in the Yarra Planning Scheme that we used to assess the application and make our decision.

If there are several objectors it might be better to designate one person to present all of your concerns. VCAT does not base its decision on the quality of the speaker or written submission, but if you feel uncomfortable presenting, you may wish to get a representative to speak on your behalf. You will need to explain this at the start of the hearing.

An expert witness is someone who is qualified in a particular area / topic. For example, a heritage expert is someone who may be brought in to a hearing to ‘give evidence’ because the application involves the demolition of a building which is located in a heritage overlay/area.

If an expert witness is going to be used at the hearing, the party engaging them must circulate their ‘evidence’ to all parties 10 business days before the hearing date. The ‘evidence’ is a written submission and at the hearing the expert witness will read from their written submission. The VCAT member will give each party an opportunity to ask questions of the expert witness and what they have written in their evidence.

At the end of the VCAT hearing, the member will explain the next steps and likely timeframes. Usually, VCAT make their decision in writing a few weeks after the hearing date and will provide a copy of their written decision to all parties involved. Sometimes, the VCAT member will announce their decision verbally at the end of the hearing.

All VCAT decisions are published on Austlii.

For more information on VCAT you can visit VCAT’s website