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[2007] VCAT 583
defendant. The application is struck out as misconceived.
1 cited instrument linked from this judgment.
The Greek Orthodox Archdiocese applied to the Tribunal to extend the time to complete a development project. However, they used the wrong section of the Planning and Environment Act. The Tribunal explained that they should have asked the Council for an extension first, and only come to the Tribunal if the Council said no. Because they used the wrong legal process, their application was struck out. The Council later confirmed the matter was resolved separately.
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Greek Orthodox Archdiocese of Australia v Mornington Peninsula [2007] VCAT 583
1. On 7 February 2007 the Tribunal wrote to the applicant as follows:
Further to your application for review, the matter has been considered by the Deputy President, who advised that there is no need to make an application to extend time for the completion of the development under the permit pursuant to section 87 of the Planning and Environment Act 1987.
Furthermore, you have a right under section 69 of the Planning and Environment Act 1987 to ask the Responsible Authority to extend time before the permit expires or within 3 months afterwards. If the Responsible Authority fails or refuses to extend time, an application for review can be lodged under section 81(1) of the Planning and Environment Act 1987.
It is suggested that at this point you may withdraw the application. If the Tribunal receives no response in this regard within 21 days of the date of this letter, the application will be struck out as misconceived.
Please advise should you require any further information or assistance.
2. No response has been received from the applicant. The council has advised that the matter is now resolved. The matter is therefore struck out as being misconceived.
Greek Orthodox Archdiocese of Australia
Mornington Peninsula [2007] VCAT 583
The application is struck out as misconceived.