The Victorian Civil and Administrative Tribunal (VCAT) traditionally hears and determines various disputes, including reviews of decisions made by your local council. VCAT offers an accessible, low-cost, and efficient dispute resolution tribunal.
But you may not always get the assistance you desire at the VCAT, particularly if you’re a landowner. You must understand VCAT requirements and processes before launching your appeal.
If you go to VCAT without knowing how it operates, you’ll likely get your case dismissed.
How Does VCAT Work?
In VCAT planning appeals, VCAT—through its Human Rights Division and Civil & Administrative Division, hears and settles over 85,000 cases annually. The tribunal has over 46 outlets spread across Victoria.
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An excellent way to know whether VCAT is the right place to go once the council has rejected your planning permit is to find out about the type of cases it settles.
Cases Where VCAT Can Help
If you disagree with your council’s decisions, you could approach VCAT to:
- Review a permit decision made by your council—including its failure to decide
- Amend and cancel a permit
- Intervene in your council’s failure to extend a permit’s deadline
- Enforce a 173 agreement, planning permit, or planning scheme
- Settle planning disputes, including those covered by the 998 Subdivision Act, the 1989 Local Government Act, the 2003 Gambling Regulation Act, and the 2017 Heritage Act
Appeal Lodging Timeframe
Once your council denies your request but you disagree with it, you can appeal it at VCAT within 28 days.
The appeal process involves preparing two complaint letters explaining why you disagree with the council’s decision. Next, you’ll send one copy of your letter to VCAT and the other to your council so it can prepare for the hearing.
Note: You must send these letters within the provided timeframe.
You could visit VCAT offices, but the faster and more convenient way is to send your objection online at admin@vact.vic.gov.au.
The Pros and Cons of Taking Your Council to VCAT
If you disagree with your council’s decisions, you could turn to the VCAT or the courts to appeal your case. The VCAT is generally preferred because its techniques aren’t as formal as the courts, allowing you to resolve your disagreements faster and cheaply.
The reduced formality is critical for parties, such as you and your local council, who still need to continue with their relationship after settling their dispute. But VCAT’s jurisdiction is limited, and it can’t help with all your disputes.
Let’s examine the pros and cons of seeing VCAT’s guidance:
Pros
The advantage of seeking VCAT’s intervention is that it can help you by:
- Reviewing a council’s decision
- Amending or cancelling a permit
- Enforcing a 173 agreement or planning scheme
- Reviewing your council’s refusal to extend deadlines for a permit
Cons
Although VCAT could help you with many disputes with your council, it has limitations and exceptions. It won’t interfere with particular council decisions, including:
- Your council’s refusal to grant you a building permit
- Tree or fencing disputes with neighbours
- Planning your developments
- Complains against the conduct of your local council employees
- Disputes where one party lives in a different state
- Disputes with a commonwealth government organization
If your dispute falls under any of the above categories, the easy way out is to comply with what your council says. Otherwise you could try to resolve your difference via other courses of actions. For example, if council refuses to grant you a planning permit for your development, you could request for the minutes of the decision meeting or the delegated planning report and try to address the reasons behind the refusal and apply for a permit amendment or resubmit your application with the issues corrected.
The good news is that SQM Architects can help you with your plans, so you don’t have to waste your time going to VCAT.
Does VCAT Enforce Its Orders?
No, VCAT can’t enforce its orders. But since its orders are binding, you must obey them. If you fail to obey a VCAT order, the other party can take you to court, which will instruct law enforcement officers to enforce it.
If you’re taken to court, you’ll need a lawyer, and you will likely be fined. Moreover, you would have lost a lot of time being dragged to court for a case you will undoubtedly lose.
The safest move you can make is to comply with all the complex council requirements so they don’t have a reason to reject your application.
Can You Appeal the Council’s Refusal to Give You a Building Permit?
No. Your council’s decision to deny you a building permit is among the decisions that VCAT automatically agrees with the council.
The only way to resolve this problem is to comply with the reason that made the council deny you a permit in the first place.
If I Appeal the Council’s Decision on VCAT, What Could I Do to Give Myself a Better Chance of Winning?
Firstly, you’ll need to seek the services of experienced professionals to represent you at VCAT. You’ll need a solicitor or barrister who will advise you on your case and represent you to increase your chances of winning.
Since VCAT’s sittings aren’t as formal as court proceedings, having a lawyer represent you is optional. But having one increases the chances of winning the case.
Secondly, you’ll need a building consultant to act as your expert witness in your arguments. The building consultant must be well-versed with Victoria’s building regulations so they can confirm that you’ve complied with all of them.
Thirdly, be prepared for some sacrifices. Focus on the main objective of your appeal: to get a permit to begin developing.
Prevent VCAT As A Property Developer
If you’re a property owner or developer, the best interaction you can have with VCAT is to avoid them altogether.
It sounds unfair, but you will likely still have to do what the council used as a reason to deny you the permit.
VCAT was in the past accused of favouring developers who lodged incomplete, non-compliant, and confusing complaints to go around council decisions. The tribunal’s leadership responded by toughening its stand against developers.
Consequently, if you were to complain against the council today, VCAT would likely agree with the council’s decision.
It gets worse.
Once VCAT rules against you, you have nowhere else to turn to because its decision is final and binding. You can only appeal VCAT’s ruling if you believe they made a legal error, which they rarely do.
Call SQM Architects today, and we’ll help you navigate all your local council’s laws so you never need to go to VCAT.
How to gain professional insights for FREE, no strings attached
Unsure about your next building project? Get expert advice, no strings attached! Take advantage of our FREE consultation at SQM Architects. We’re here to answer your queries and bring clarity to your vision. With our transparent process and reputable track record, your project is in capable hands.
About the Author
Sammi Lian, the founder of SQM Architects, has dedicated over 15 years of her career to the architectural industry. She works diligently with property developers, builders, investors, and homeowners, using her skills and knowledge to facilitate their building design needs.
