[2026] VCAT 7
General information, not legal advice.
Victorian Civil and Administrative Tribunal
2026-01-07
Original judgment source is linked above.
[1] Section 4(2)(d) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) states a failure to make a decision is deemed to be a decision to refuse to make the decision.
[2] Permit not required under clause 45.03 of the Scheme as a sensitive use not proposed per clause 45.03-1.
[3] The submissions and evidence of the parties, any supporting exhibits given at the hearing and the statements of grounds filed have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.
[4] Amended plans received and filed by the Tribunal on 29 July 2024.
[5] Planning Permit PLN-39976 was issued on 20 December 2022 and allowed for buildings and works associated with restricted retail premises and display of signage.
[6] Council submission. Existing site plan, drawn by Leffler Simes Pty Ltd relating to the Amendment granted on 9/11/2023 PLN-39976.
[7] The 2013 Structure Plan is a background document under clause 72.08 of the Scheme. It is also referenced under the MPS at clause 02.03, and the PPF at clause 17.01-1L.
[9] Blue line defines the pedestrian link sought.
[10] Aerial map provided in Mr Gnanakone, traffic evidence, page 10 - OneMile Grid.
[11] The tracked changes filed by the applicant to the Tribunal and council on 4 September 2024.
[12] The indicative site plan identifies locations (circled) where additional canopy tree planting is required to be incorporated into the landscape plan.
Forza Capital Pty Ltd
Whittlesea City Council [2026] VCAT 7