Apply to review a refusal or failure to extend time

You can request a responsible authority to extend time in respect of the expiry of a planning permit or the time within which a plan of subdivision must be certified or the time within which you must provide further information they have requested in relation to a permit application.

If a responsible authority (usually a municipal council) refuses or fails to extend time, you can apply to VCAT to review the refusal or failure under sections 54A, 69, 81(1), and 81(2) of the Planning and Environment Act 1987.

In relation to an application for review under section 81(1) Planning and Environment Act 1987 VCAT may only consider an extension of time in respect to the expiry of a permit if a request is first made to the responsible authority within the time specified in section 69 of the Planning and Environment Act 1987. If you do not meet these requirements, VCAT must reject your application. Refer to sections 69(1) and 69(1A) of the Act.

Before you apply

If you are applying to VCAT in relation to the expiry of a permit or certification of a plan you must apply:

  • within 60 days of the decision of the responsible authority, or
  • after one month has elapsed after the request for an extension of time was made and the responsible authority has failed to make a decision.

If your application is about an extension of time to provide additional information to a responsible authority, you must apply:

  • before the lapse date specified in the notice requiring further information, or
  • before any new lapse date allowed by the responsible authority or VCAT.

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 Definition A person or organisation directly involved in a VCAT case, including a person or organisation that has brought the case before VCAT or who is defending claims made against them. 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.

Legislation that applies to this type of case