Objector - apply for a review of a decision
An objector is a person who lodged an objection with the responsible authority, usually a council, in opposition to a permit application. If you lodged an objection and the responsible authority decides to issue a notice of decision to grant a permit, you may make an application to review the decision of the responsible authority. Make these applications under section 82 of the Planning and Environment Act 1987.
If, for a good reason, you were unable to lodge an objection with the responsible authority, but you disagree with the authority’s decision to grant a permit, you may be able to apply to VCAT to review the decision. VCAT must give you leave (permission) to make the application. Make these applications under section 82B of the Planning and Environment Act 1987.
Notice of decision to grant a permit
The Notice of Decision to Grant a Permit is sometimes called the NOD or the Notice of Decision.
The Notice of Decision does not have the same legal status as a permit. Instead, it signals the decision to grant the permit and lists any conditions that will be included.
If you are not an objector
If you are not an objector but you are affected by the decision to grant a planning permit you may submit an application to review the decision to VCAT using the same form as for objectors. You must complete part B of the form to apply for leave (permission) to make the application. The initiating order will schedule a practice day hearing. At the practice day hearing VCAT will consider whether to grant leave. Other parties may oppose your application for leave, so you or your representative must attend the practice day hearing to support your application.
An objector has 28 days after the date of the Notice of Decision to Grant a Permit to lodge an application for review with VCAT. If we don’t receive applications from objectors within this timeframe, the council can issue the permit. If we receive an application for review from an objector, the permit cannot be issued until VCAT decides the application.
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.
Need help with your application?
We can explain the application process and what the form is asking you for. Contact us to get support.
We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.
Seek legal help if you are unsure about your options or need advice about your claim. The following services may be able to help 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.