The Tribunal varied the Council's decision and granted a planning permit by consent for use of land at 550 Latrobe Boulevard, Newtown for office, shop and restaurant purposes, including demolition and construction works, subject to extensive conditions including a s 173 agreement with a 10-year sunset clause restricting uses and imposing patron and operating hour limits. The decision confirms that in s 82 review proceedings, VCAT only has jurisdiction over permissions amenable to third-party review, consistent with Myers v Southern Grampians Shire Council [2023] VSC 658, and that third-party exempt matters under clause 44.03-2 must be addressed administratively by Council. The Tribunal applied the AGL Loy Yang framework for assessing consent orders, giving weight to the responsible authority's confirmation that the permit is appropriate under s 60 of the PE Act and that the orders would not materially affect non-parties.
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