Amended plans – Planning disputes
If a permit applicant makes changes to their plans before the hearing, find out what this means.
If a dispute about a planning permit is brought to VCAT, the permit applicant can apply to VCAT to make changes to the plans before the hearing.
This means that plans that were originally submitted as part of the case may have changed. The permit applicant may amend their plans to respond to some of the objections that have been brought to VCAT.
A permit applicant cannot change their plans if their application is to review the conditions of a plan.
Why plans are amended
Plans may be amended to address previous issues or to address the reasons why a permit is being disputed. The amendments may help to improve the plan and allow parties to resolve the dispute sooner.
If you agree with the new plans, this may save you the time and cost of coming to VCAT.
What you need to do
If you are objecting to a planning permit application
If you objected to a planning permit application and the permit applicant amends their plans:
- you will receive a notice about the updated plans
- the notice will tell you how long you have to consider the new plans
- you should carefully consider the amended plans to see if you agree with them
- if you want to object to the plans or they raise new concerns for you then you can submit a statement of grounds online form or download and complete the statement of grounds form and send it to VCAT via email or in person
- if you previously submitted a statement of grounds, your first statement of grounds will still be considered.
If you are the permit applicant
If you want to amend the plans that are part of a dispute that has come to VCAT, you must follow the instructions in our Practice Note PNPE9 - Amendment of Plans and Applications.
You must complete a Notice of amendment of an application.
You must also complete a statement of service. To do this, use the Statement of service form.
What happens next
A VCAT member will consider the amended plans and how they may affect any decision about the permit. They will also consider if everyone has been given enough time to respond to the new plans. They also check that anyone that should have been notified about the amended plans has been.
The member will also look at whether the amendments:
- significantly alter the proposal by changing the type or size of the development
- introduce new features that have not already been considered as part of the case
- will mean that any new planning rules would apply.
If all parties agree to the amended plans before coming to VCAT they can ask the member to provide a consent order that confirms this agreement. If the member agrees to provide a consent order then the dispute will no longer be heard at VCAT.
Consent orders in planning disputes
If you are involved in a planning dispute you can ask for a consent order to confirm an agreement between you and the other parties.
Compulsory conferences are where parties confidentially discuss ways to resolve their dispute with the help of a VCAT member.
How VCAT makes decisions in planning disputes
Understand how we come to a decision when we hear a planning case at VCAT.