Two new VCAT editorials
Matters may slow down at VCAT with the onset of the Caronavirus, however it has been a busy start to the year with the editorial committee producing two VCAT editorials. Highlights of VCAT Vol 7 No 8 are failure to confirm mandatory garden area compliance results in a refusal; a ‘dark kitchen’ falls within the definition of take away food premises; whether a service station is a urban or non urban use, and whether it matters; lack of definition of Stonnington’s ‘significant community benefit’; whether an industry is an appropriate use in the Farming Zone; a challenge to a condition of permit requiring protective concrete slabbing costing $865k from a high pressure gas pipeline; and whether the Minister denied procedural fairness to objectors opposed to a wind farm. Highlights of VCAT Vol 7 No 9 are deficiencies of PPN88 on protection of solar panels; a legal conclusion that the EAO does not apply to buildings and works above ground; the Tribunal’s jurisdiction to amend an application under the Water Act; whether a dispensary is ancillary to a medical centre; declaring a ‘special person’ under s149 of P&E Act; and the Tribunal’s rebuttal of objectors’ concerns that they did not get a fair hearing.
We trust everyone is keeping well and safe.