› Scope of relevant considerations in amendment applications
Planning and Environment
› Practice and Procedure
› Striking out grounds of refusal and opposition under s 75 VCAT Act
Planning and Environment
› Commercial zones
› Buildings and works in Commercial 1 Zone
Quick Take
1In an application to amend a planning permit under s 72 of the Planning and Environment Act 1987 (Vic), the relevant considerations under s 60 are confined to matters arising from the specific changes proposed in the amendment application; where the amendment relates only to development (buildings and works) and conditions, it is impermissible to raise policy considerations relevant only to the use of the land.
2Section 73 of the PE Act, by applying the s 47–60 procedure 'with necessary changes' to amendment applications, does not expand the scope of relevant considerations beyond those that arise from the amendments sought.
3The Mondib decision does not support the proposition that consideration of a permit amendment is broader than the considerations relevant to the specific permissions being amended; s 60 must be read in the context of the purpose of the permission being assessed, consistent with Viva Energy Australia Pty Ltd v City of Greater Geelong Council & Anor [2023] VSC 586.
