Victorian Civil and Administrative Tribunal|2026-03-24

The applicant contends that if the Council had informed him of those matters and if the Council had not misled him, the applicant would have applied to review the decision before 18 December 2025.
This claim is mistaken and without merit because:

(a) the Council was not aware when it issued the notice of decision that the amendment would be approved by the Minister for Planning and come into operation on 18 December 2025;

(b) the Council did not mislead the applicant because the reference to the 28 day period was a correct reference to the law; and

(c) even if the applicant had lodged the application for review before 18 December 2025, the car parking grounds would have become irrelevant because it is well-established law that the Tribunal would have been required to apply the planning scheme as it existed at the date of the Tribunal's decision.

The Tribunal may at any time dismiss all or part of a proceeding that, in the Tribunal's opinion, is 'frivolous, vexatious, misconceived or lacking in substance, or is otherwise an abuse of process'.[3]
I will not set out the main authorities about dismissal applications. It suffices to state the Tribunal exercises great caution before granting a dismissal application because, if granted, an applicant loses the chance to prove its grounds in a hearing.
In general terms, an application must be hopeless, unsustainable in fact or law, the relief cannot be reasonably justified or is bound to fail before it is dismissed.
The application in this proceeding meets this description because:

(a) the applicant does not have standing (in respect of the buildings and works permission); and

(b) the applicant relies on grounds that cannot be sustained (in respect of the parking reduction permission).

I will therefore wholly dismiss the application on the grounds it is misconceived or lacking in substance.

Environment Act 1987

Civil and Administrative Act 1998

Civil and Administrative Tribunal Act 1998

Bridgford v Stonnington CC [2026] VCAT 199 (24 March 2026)

Bridgford v Stonnington CC [2026] VCAT 199

At a glance

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Judgment (7 paragraphs)

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Legislation Cited (3)

Cases Cited (1)

Bridgford v Stonnington CC [2026] VCAT 199 (24 March 2026)