The applicant (permit holder) succeeded: the Tribunal set aside the responsible authority's refusal to endorse plans and directed endorsement of specified plans under conditions 1 and 2 of the planning permit. The Tribunal found that the increased finished floor levels (7.9m AHD versus the originally contemplated 6.8m AHD) were justified by the approved Atlan underground drainage system and remained generally in accordance with the VCAT-approved plans, noting the permit set a minimum but no maximum floor level. The requirements of condition 1.6 (changes required by referral authorities) were held to be satisfied because Melbourne Water had accepted the plans and the Stormwater Management Strategy, and ConnectEast had no statutory role in the endorsement process under conditions 1 or 2. The Tribunal expressly declined to determine whether it has power under s 127 or s 51(2)(c) of the VCAT Act to amend documents that are the subject of a s 149(1)(a) review, finding no amendment was necessary on the facts, leaving that jurisdictional question open.
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