Changes to being added as a party in planning permit cases

1 July 2023

VCAT is introducing changes for cases involving planning permits that sets out how someone can be added as a party.

These changes affect objectors and referral authorities from 1 July 2023.

If you objected to the grant of a planning permit

If you want to participate in a planning review lodged by the permit applicant, you must submit a statement of grounds and pay the prescribed fee paid by 4pm on the date VCAT tells you.

If you are late, you are not a party to the review and may have to attend a practice day hearing so we can decide if you should be party.

If you are a referral authority

In a planning review lodged by a permit applicant, the applicant and the council must tell VCAT if you responded to the council as a referral authority or an objector.

If you responded as an objector, you will only be a party to the review if you lodge a statement of grounds and pay the prescribed fee by 4pm on the date VCAT tells you.

If you don’t lodge a statement of grounds as an objector, we will stop telling you of a planning review lodged by an objector. We will only give you updates about the case if you tell us you want to be notified.

Consequently, we are changing registry practices, initiating orders, practice notes PNPE2 and PNPE9, and VCAT’s Rules.

The table below summarises these changes in more detail. Further detail is also available in the Parties in planning disputes fact sheet.

What is the change? Why was the change made? What does the change mean in practice?

Statements of grounds

Amendment to Rule 8A.02 of the Victorian Civil and Administrative Tribunal Act 1988.

To confirm you should submit a statement of grounds and pay any relevant fee by the date and time directed by VCAT if you want to become a party in a case.

A statements of grounds should be lodged, and any relevant fee paid by  4pm on the date in VCAT’s initiating order).

Update to the wording of initiating orders.

You will not automatically be a party if you don't pay any relevant fee on time.

To confirm the process for lodgement of non-party statements of grounds.

Update to the wording of Practice Note PNPE9.

If the correct procedure was not followed (e.g. a fee is paid late)  but you want to be joined as a party, you may have to attend a practice day hearing so we can consider the request.

Referral authorities

Changes to the application form ‘Review of planning decision by permit applicant’ to include extra questions about referral authorities.

To allow VCAT to identify earlier the relevant referral authorities.

Applicants must provide information on the application form about referral authorities. VCAT may ask councils about the status of referral authorities (e.g. whether an authority is a recommending or determining referral authority).

Changes to Practice Note PNPE2 (items 1.13, 1.14 and 1.15) requiring councils to give additional information about the status of referral authorities.

Councils must download new PNPE2 tables, and identify authorities with ‘referral authority’ status or ‘objector’ status.

If they are not a referral authority under section 55 of the Planning and Environment Act 1987, but have objector status under section 52, authorities must lodge a statement of grounds and pay the fee by 4pm on the due date to become a party.

VCAT will stop notifying referral authorities of objector applications under sections 82 and 82B of the Planning and Environment Act 1987.

To ensure referral authorities receive more relevant correspondences from VCAT.

Referral authorities will not receive notice from VCAT of objector applications (under sections 82 and 82B).

In applications under sections 77, 79 and 80 of the Planning and Environment Act 1987, VCAT will stop sending updates to referral authorities in the proceeding if they have not lodged a statement of grounds, or have submitted a statement of grounds indicating they do not wish to participate.

Referral authorities must submit a statement of grounds by 4pm on the due date to take part in a proceeding.

Referral authorities do not need to participate if they are not a party.

Referral authorities must tell VCAT if they want to receive correspondence when they are not a party.