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Review of Planning Decision by Permit Applicant

WHAT YOU CAN APPLY FOR

As a permit applicant, you can apply to have VCAT review a decision by a responsible authority (usually a council) about your planning permit. 

Under the Planning and Environment Act 1987, you can apply for a review of the following: 

  • Refusal to grant a permit or amend a permit (section 77) 

  • Failure to grant a permit within the prescribed time (section 79) 

  • Conditions in a Notice of Decision, permit or amended permit (section 80) 

You must apply for a review within the time limit. For more information about time limits, go to www.vcat.vic.gov.au/permitapplicant.  

If you are applying outside the time limit, you can ask VCAT for a time extension to make your application. You will need to explain why you did not apply within the timeframes. VCAT may not grant a time extension. 

To apply for a review due to a failure to grant a permit within the time prescribed in the Act, you must also complete an Elapsed Days form. Go to www.vcat.vic.gov.au/elapseddays. 

DECISION TO BE REVIEWED

WHO IS MAKING THIS APPLICATION?

IS SOMEONE REPRESENTING YOU?

ABOUT THE APPLICATION FOR A PERMIT OR AMENDED PERMIT

REASONS FOR THE APPLICATION

Complete this section unless it is about a failure to grant a permit within the prescribed time (section 79). If you are applying about the conditions in a Notice of Decision, permit or amended permit (section 80), state all conditions you want reviewed and your reasons for wanting each reviewed.

HEARING ARRANGEMENTS

PRESENTING YOUR CASE

29. How much time will you need to present your entire case at a final hearing? *
Estimate the time you need to present, including time needed by any expert witnesses you will call.

HEARING ASSISTANCE

ACKNOWLEDGEMENT

ABOUT VCAT FEES

VCAT fees are charged according to three levels:

  • corporate fees for businesses and companies with a turnover of more than $200,000 in the previous financial year, corporate entities and government agencies.
  • standard fees for individuals, not-for-profit organisations, and small businesses and companies with a turnover of less than $200,000 in the previous financial year. Companies must provide a statutory declaration to support this claim.
  • concession fees for people who hold the Australian Government Health Care Card. You must provide a copy of your card with your application. We do not accept Pensioner Concession Cards or Department of Veteran Affairs health cards.

    Health Care Card Sample

    To find out if you need to pay an application fee and how much it costs, go to www.vcat.vic.gov.au/fees.

    • FEE RELIEF

    WHAT HAPPENS NEXT

    If you have provided your email address, you will shortly receive an email from us with instructions about next steps including how to make payment (if applicable). If you have not provided an email address and payment is required, VCAT will contact you by telephone about making payment.

    After we receive your application and open a VCAT case, we will send you and all other parties an order setting out what happens next, including dates to come to VCAT. The order will tell you the venue, time and date you must go to VCAT.

    The order will also have your VCAT reference number. The number starts with ‘P’ and ends with the year the application was lodged (eg. P1/2020). Quote the reference number in all correspondence and documents about your case.

    Contact us if you do not hear from us within two weeks of submitting your application.

    ATTACH THESE DOCUMENTS TO YOUR APPLICATION

    You must attach the following:

  • Copy of the decision to be reviewed (except in section 79 applications)
  • Copy of the permit application form and certificate of title
  • Copy of the permit, if relevant
  • Copy of any officer’s report assessing the permit application, if relevant
  • Copy of the permit application or decision plans
  • Copy of the VicPlan Planning Property Report that details the planning controls that apply to the land (such as zoning and overlays) and whether the land is in an area of Aboriginal Cultural Heritage Sensitivity or is identified as being bushfire prone
  • If a cultural heritage management plan (CHMP) under the Aboriginal Heritage Act 2006 is required, attach the approved CHMP
  • If a cultural heritage management plan (CHMP) under the Aboriginal Heritage Act 2006 is not required, attach a certified preliminary Aboriginal heritage test or other statement of reasons about why a CHMP is not required. This may include a copy of a due diligence statement prepared by an Aboriginal heritage consultant
  • Completed Elapsed Days form – for section 79 applications


    In addition to the above, please attach any other documents in support of your application.

    • Need Help?

    If you have any questions about completing this form, contact our Customer Service team: 

    • Email admin@vcat.vic.gov.au 

    • Call 1300 01 8228 (1300 01 VCAT) between 9 am and 4.30 pm Monday to Friday  

    • Go to the Victorian Civil and Administrative Tribunal, Ground Floor, 55 King Street, Melbourne VIC 3000. We are open Monday to Friday from 8.30 am to 4.30 pm. 

    Privacy Information

    For a copy of VCAT’s privacy statement, go to  www.vcat.vic.gov.au/privacy