The Tribunal set aside the responsible authority's notice of decision to grant a planning permit for a 23-lot subdivision and remitted the permit application to Towong Shire Council for reconsideration under s 51(2)(d) of the VCAT Act, vacating the scheduled compulsory conference and hearing. Section 127 of the VCAT Act does not extend to amending antecedent documents such as a notice of decision that invokes the Tribunal's review jurisdiction, following TC Rice Pty Ltd v Cardinia SC [2019] VCAT 74 and the favourable reference to that analysis in Hanson [2023] VSC 353. Even if s 127 were broad enough to amend antecedent documents, the power should not be exercised where the responsible authority has conceded it made no decision on the omitted permit triggers (here, clauses 43.02-3 and 52.29), as any amendment would lack a proper factual basis. Remittal under s 51(2)(d) was preferred over s 51A(1) to ensure all notified persons receive a reconsidered decision with proper notice and review rights.
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