Applicants (only) can appeal to the Victorian Civil and Administrative Tribunal (VCAT) to review Council’s decision (as explained above) with regard to a planning permit. This includes:
- objecting to a refusal of a permit; and
- objecting to the conditions placed on a permit.
VCAT will reconsider the whole application from the beginning. Through this process, VCAT becomes the "decision maker" and can overturn a Council decision.
You can find out more information about how to apply to VCAT and how the review process works through the VCAT website.
Who can appeal?
Permit Applicant
If you are a Permit Applicant, you have 60 days from the date of the decision to lodge an appeal to VCAT against a decision. Fees apply based on the type of application being appealed.
Any decision made by VCAT is final, and there are no further opportunities to challenge this decision. The exception to this is if there is a question of law raised, which would require the matter to be appealed to the Supreme Court of Victoria. If this course of action is considered, it is suggested professional advice be sought.