Recent changes to the Planning and Environment Regulations have extended the time for objectors to apply for a review of a decision of a responsible authority under section 82 of the Planning and Environment Act 1987.

Under the new regulations, objectors now have 28 days to apply for review. This is an increase from the previous 21 days.

The new regulations also clarify when the 28 days begins. As of 1 July, the date of the notice of decision is the date which triggers the 28 days. This means objectors have 28 days from the date of the notice of decision to apply for review.

Implications

Objectors now have an extended period to apply for review.

Responsible authorities need to be aware of the increase in the time period when considering when to issue permits. Council’s will need to change their systems so as to meet these new requirements.

Developers will also need to be aware of the increase to these timeframes and factor the additional days into project timelines.

How can we help you?

HWL Ebsworth Lawyers advise and represent developers, Council’s and third parties in relation to all types of applications for review to the Victorian Civil and Administrative Tribunal. Please do not hesitate to contact us to discuss the implications of these changes.

This article was written by James Lofting, Partner and Sarah Roberts, Law Graduate.