Apply to cancel or amend a permit
A permit holder or a non-permit holder can apply to cancel or amend a permit.
There are limited circumstances when a permit can be cancelled or amended at the request of a non-permit holder. This is because cancelling or amending a permit can seriously affect the permit holder’s right to use and develop the land.
Applications by a permit holder
The permit holder is the owner or occupier of the land, or any person who is entitled to use or develop the land. An application by a permit holder to cancel or amend a permit is made under section 87A of the Planning and Environment Act 1987.
Applications by a non-permit holder
Responsible authorities, referral authorities, objectors and people entitled to be objectors are non-permit holders.
An application by a responsible authority or referral authority to cancel or amend a permit is made under section 87 of the Planning and Environment Act 1987.
An application by an objector or a person entitled to object to the grant of the permit is made under section 89 of the Act.
If you are an objector, or a person entitled to object, you can only apply to cancel or amend a permit if you believe you should have been given notice of the permit application and were not, or if you are affected by:
- an important miss-statement or concealment of fact in relation to the permit application
- a substantial failure to comply with permit conditions, or
- an important mistake in relation to the granting of the permit.
Applications to cancel or amend permits can be complicated
The circumstances in which you can make an application to cancel or amend a permit and the considerations which apply to VCAT’s decisions can vary for applications by permit holders and non-permit holders. For more information read Guidelines for Cancellation and Amendment of Permits under Sections 87 and 89 of the Planning and Environment Act 1987.
Before you apply
Before you apply to cancel or amend a permit, check that VCAT can accept your application. We cannot cancel or amend a permit in some circumstances, including where the permit is for:
- the construction or a building or works that have been completed
- other development that is mostly complete
- subdivision or consolidation of land and the plan has been registered under the Subdivision Act 1988.
If the matter is urgent you may apply for a stop order using the same form. Read more about injunctions, stop orders and interim enforcement orders.
If you are an objector or a person entitled to object, you must make your application as soon as is practicable after you become aware of the facts which form the basis of your application.
Extension of time to apply
Under section 126 of the Victorian Civil and Administrative Tribunal Act 1998, VCAT can extend the time to apply. We can extend the time by which you must make an application to VCAT – if it is reasonable to do so and if extending time would not cause any prejudice or detriment to a party or potential party that cannot be remedied by an appropriate order for costs or damages.
Complete and submit the Application for an extension of time form to apply for more time to lodge an application.
Need help with your application?
VCAT cannot give you legal advice. Seek legal help if you are unsure about your legal options. The following services may be able to help you:
Do I need a lawyer or professional representative?
You may have a legal or other professional representation to appear at VCAT (such as a lawyer, town planner, relative, or some other person). In Planning and Environment cases you do not need to have VCAT's permission to be represented.
Find free or low-cost legal services that may be able to assist you.
Access and privacy
VCAT hearings and files are usually public.
VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality. For more about applying for confidentiality.