TRIBUNAL CONSIDERS ITS JURISDICTION TO REVIEW 173 AGREEMENT
Posted on March 26, 2015 by miguelbelmar under General
In the recent case of Calderara v Banyule CC  VCAT 274, the Tribunal considered whether it had jurisdiction to hear an application concerning a section 173 Agreement brought under section 149 of the Planning and Environment Act.
The case provides an interesting discussion of the principles surrounding the Tribunal’s power to review cases involving a Responsible Authority with holding its secondary consent under a permit or a section 173 Agreement. The Tribunal held effectively that for the purposes of its jurisdiction Council failing to “consent” or failing to reach “agreement” both give the Tribunal jurisdiction.