The Tribunal found that the responsible authority had failed to make a decision on the buildings and works permission required under clause 42.03 (schedule 16) of the Greater Geelong Planning Scheme, and accordingly invited the responsible authority under section 51A of the VCAT Act to reconsider its decision in the permit application with respect to that permission. The Tribunal determined the question as one of fact: the officer's report did not assess the buildings and works requirements under the overlay, and the Notice of Decision omitted the permit trigger — this was not a mere clerical error in the Notice but a substantive failure to decide. The respondent permit applicant's argument that the omission was a defect curable under clause 62 of Schedule 1 of the VCAT Act was not accepted on the facts, though the legal question was left undetermined as the section 51A invitation rendered it unnecessary.
The full text is available to signed-in members, including the 1 later case that cites this judgment.