The Tribunal varied Council's decision and directed the grant of a planning permit for the use and development of a dwelling in the Farming Zone Schedule 2 at 94 Neaves Road, Callignee, dismissing the third-party objector's review. The decision confirms that in repeat appeals, the Tribunal must decide the application on its merits while giving great weight to previous Tribunal decisions, and that significant changes in the application (here, a substantially enhanced Farm Management Plan proposing high-value horticulture and floriculture) can overcome prior refusals. The Tribunal applied the jurisdictional ruling in Strachan v LaTrobe CC [2024] VCAT 541, holding that a third-party applicant for review under s82 of the Planning and Environment Act 1987 has no right to review Council's decision to grant a permit under the Bushfire Management Overlay (clause 44.06), nor to rely on bushfire-related policies in submissions on remaining permit triggers. The decision also confirms that the Tribunal will not assess the personal expertise of a permit applicant or hypothetical future owners as a basis for refusing a dwelling in the Farming Zone, provided a detailed, enforceable Farm Management Plan is in place.
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