1. The Applicant is ordered to pay the costs of the Responsible Authority fixed in the sum of $3,713.11. The costs must be paid within 30 days of the date of this order.

1. The Applicant lodged this application on 23 December 2015 to review the Council's refusal to grant a planning permit for the development and use of a medical centre. The Tribunal's initiating order, dated 7 January 2016, listed the proceeding for a one (1) day hearing on 16 June 2016. The Tribunal's subsequent order dated 11 March 2016 confirmed this hearing date. A number of statements of grounds were received, some of which intended to participate in the scheduled hearing.
2. At 1.19pm on 14 June 2016, less than two days before the scheduled hearing date, the Tribunal received a request via email from the Applicant's planning representative to withdraw its application. No reason for withdrawal was provided.
3. All withdrawals must follow the guidelines in the Tribunal Practice Note PNVCAT01 - Common Procedures. These guidelines include the following statement:

If a party seeks to withdraw its proceeding, that party should advise the Tribunal in writing as soon as possible, particularly if there is a scheduled hearing or ADR that is no longer required. This will minimise further costs and inconvenience to other parties and the Tribunal.

A party seeking leave to withdraw its proceeding should:

1. file a clear written communication to the Tribunal indicating that the party seeks to withdraw the proceeding;
2. if appropriate, include in or with the written communication the name and written consent of any party who consents to the application; and

1. serve a copy of the written communication on all other parties.

1. The Applicant's email about its request to withdraw this proceeding stated in part:

We are in the process of advising all parties (list attached) that the request to withdraw has been made so please confirm the Hearing is abandoned at your earliest opportunity.

1. Hence, it is unknown exactly when the Council was notified of the request to withdraw this proceeding.
2. Nevertheless, in accordance with the Tribunal Practice Note PNVCAT01 - Common Procedures, the final order withdrawing this application was issued on 15 June 2016.

1. The Council made an application for costs under s 74(2)(b) of the Victorian Civil and Administrative Tribunal Act 1998 ('VCAT Act') on 22 June 2016_,_ which is in accordance with the Tribunal's Practice Note PNVCAT01 - Common Procedures that states:

If another party seeks costs arising from the withdrawal of a proceeding, that party should make the application for costs as soon as practicable (usually within one month) after receiving a copy of the order granting leave to withdraw.

1. The Council's application for costs was served on the Tribunal and all other parties and explains it engaged a planning consultant to represent Council at the hearing, and the consultant had completed all the necessary work for the hearing. A copy of the consultant's invoice for the work undertaken was attached to the Council's costs application.

1. S 74(2)(b) of the VCAT Act is a power to award costs separate from s 109. Hence, the considerations relevant to my decision include but are not limited to the matters under ss 109(3) and 78(1) of the VCAT Act.
2. The Council seeks all of the costs that it has incurred be paid by the Applicant. This is sought because the Applicant advised the Tribunal and all other parties of its intention to withdraw less than 48 hours prior to the listed hearing date, by which time the Council's representation had finalised all submissions and relevant documentation in preparation for the hearing. Further, the Council submitted that, given the listed hearing date was advised by order on 7 January 2016, the Applicant had ample time to withdraw from the proceedings without resulting in the Council incurring this wasted expenditure. The Council submits if it had been notified in reasonable time, it would have avoided incurring the unnecessary costs.
3. The costs sought by the Council ($3,713.11) cover: reviewing of the Council file and applicable planning provisions, inspection of site and surrounds, circulation of draft conditions and preparation of draft written submissions (totalling $3,326.25), as well as printing and travel disbursements ($49.30), plus GST.
4. Following receipt of the Council's application for costs on 22 June 2016, the Tribunal issued an order on 24 June 2016 requiring any response by the Applicant to the Council's application by no later than 11 July 2016. No response was received from the Applicant.
5. The Applicant knew the hearing date from early January 2016. Hence, the Applicant had ample time to advise whether it intended to proceed with the hearing well before the listed date. As such, I agree with the Council that the short notice in this case was unreasonable and caused the Council to incur the claimed unnecessary costs.
6. The Applicant provided no reason(s) for the request to withdraw, hence I am unable to give any consideration and/or weight to any reason(s) for the request.
7. The Applicant failed to respond to the Council's application for costs, despite a Tribunal order expressly inviting such response.
8. For all of these reasons, I have decided it is fair to make an order for costs.

1. For the reasons explained above, the Applicant is ordered to pay the costs of the Responsible Authority fixed in the sum of $3,713.11. The costs must be paid within 30 days of the date of this order.