Seasons greetings and latest editorials
On behalf of the editorial committee, seasons greetings and wishing all our subscribers and friends a happy and successful 2024. It was busy end to VCAT’s 2023 and we have prepared two editorials. Highlights of VCAT Vol 11 No 4 include an unsuccessful challenge to a Homes Victoria permit by a local residents group; the invalidity of a request for further information about school needs for a subdivision application; existing use rights confirmed for a hotel; when a refusal may have been more appropriate than conditions; indoor recreational facilities in industrial areas; a Court of Appeal decision that set aside a refusal to extend a permit; and a Supreme Court decision that dismissed an appeal from a Major Hazard Facility operator that that the Tribunal did not take into account relevant matters. Highlights of VCAT Vol 11 No 5 include the lack of Tribunal jurisdiction to set aside a Council decision to approve a 12 month permit extension; whether a food truck stop is a food and drink premises; whether the Tribunal should be reconstituted to hear submissions on ESD; strategic justification for a supermarket; balancing heritage and other matters in a World Environs Heritage Area; a Supreme Court decision that held the Tribunal was correct in the extent of its jurisdiction and the consideration of relevant matters; and a Supreme Court decision that held Telstra required permission for pay phones following an approval of a VC amendment.