Cases about planning

Find summaries of past cases you may find useful about planning. These case summaries show how the law was applied.

The Estate of Andrew Taylor v Ballarat City Council

This case considered flood-related impacts associated with a proposed dwelling development where no flood-related overlay controls existed. The council’s decision to grant a permit was set aside and no permit was granted. A comprehensive assessment of development features was necessary before deciding whether to grant a permit, including the type and features of the wastewater system on an unsewered site and effects of climate change in flood modelling.

More about this case

Burnley Maltings Pty Ltd v Yarra City Council

The decision addressed 23 points of fact and law, including mandatory height controls and exemptions under the General Residential Growth Zone of the Yarra Planning Scheme. We found that the planning proposal was prohibited and VCAT had no power to grant a planning permit.

More about this case

Besen Gertrude Pty Ltd v Yarra City Council

Planning permit for a proposed building situated nearby the Royal Exhibition Building, which is recognised by the UNESCO World Heritage List. This case explores the impact the development will have on the skyline around the heritage building.

More about this case