Section 87A of the Planning and Environment Act 1987 gives VCAT the power to amend or cancel planning permits issued at its direction. In Cbus Property Pty Ltd v Bayside CC [2011] VCAT 1529 VCAT exercised this power.
The case is interesting because it raises issues discussed in The King David School v Stonnington CC [2011] VCAT 520, in particular, the approach that the VCAT should take when considering an application to amend a permit.
In Cbus Property Pty Ltd the Tribunal acknowledges the “cautious approach” identified in The King David School proceeding but distinguishes the matter on the facts.
The relevant distinguishing features include the following:
- “this is a case where more substantive amendments to a permit facilitate a reasonable change in the development of the land, and,
- it is not a case where the application seeks to undertake a de facto review of the original Tribunal decision in order to seek a more favourable outcome”. [10]
