VCAT often designates some decisions as ‘Red Dot’ – that is, ‘cases of interest’ and which then form part of its ‘practice notes’. Glen Eira is the latest ‘Red Dot’ case. (See: http://www.austlii.edu.au/au/cases/vic/VCAT/2011/1422.html)

The reason why this case is highlighted is simply that Council FAILED TO INFORM ALL OBJECTORS of an amendment. This isn’t the first time that residents have complained that they did not receive any notification of either applications, or appeals by developers, or later, amended plans submitted by applicants. One has to wonder at the efficiency of this planning department – how good is its record keeping? How up to date are its records? Or is the failure to notify and inform possibly more than a ‘clerical error’. It would appear that ‘clerical errors’ are suddenly coming thick and fast!

Below are some highlights of the member’s judgement:

“At the start of the hearing, it emerged that persons who may have a material interest in the outcome of the amendment request had not been notified of the application, namely two persons who objected to the permit application.

This case highlights the important role of Responsible Authorities in providing the correct information to the Tribunal under Practice Note PNPE2 (Information from decision makers) and the role of Applicants in assisting the Tribunal to determine persons who may have a material interest in the outcome of requests under s.87A of the Act.

As it transpired, it appears that there were three objectors to permit application GE/PP-21828/2009, namely:

  • (name/address omitted), Caulfield East
  • (name/address omitted),  Caulfield East
  • Vic Track, GPO Box 1681P, Melbourne.

Only one of these objectors (Vic Track) was given notice.

…it is unclear whether the list of persons previously notified is based on up-to-date records held by the Council to reflect current ownership and occupancy details.

The adjournment of hearings involving s.87A applications as a result of incomplete notice being given has arisen on a number of occasions in recent times. It would appear that the obligations of Responsible Authorities in proceedings of
this kind, is not well understood.  

Given that a considerable amount of time may have elapsed since the grant of the permit and a request to amend it, sometimes several years, it is also important that information provided by Responsible Authorities is up to date – that is based on current rate records. It is not sufficient, for example, to provide the Tribunal or Applicant with a photocopy of the original list of persons notified without it first being checked for currency against up-to-date rate records held by the Council.