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[2026] VCAT 191
General information, not legal advice.
Victorian Civil and Administrative Tribunal
2026-03-23
Original judgment source is linked above.
Question:
Would the grant of a permit for the use and development proposed within planning permit application PLN24/0108 authorise anything which would result in the breach of registered restrictive covenant DC120780 dated 3 July 1968, such that the responsible authority must refuse to grant the permit unless a permit has been issued, or a decision made to grant a permit, to allow the removal or variation of the registered restrictive covenant, by reason of section 61(4) of the Planning and Environment Act 1987 (Vic)?
Answer:
No.
[1] The submissions 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.
[2] Manningham Council Delegation Report dated 16 July 2025, pages 3-4, 7.
[3] Notice sent to the respondent on 16 January 2024: D24/3574.
[4] Manningham Council Delegation Report dated 16 July 2025, page 4.
[6] Comprised in certificate of title volume 8790 folio 624.
[7] Letter from PM Town Planning to Council dated 21 February 2025, page 1.
[8] Letter from PM Town Planning to the Tribunal dated 19 October 2025, page 1.
[9] Tribunal order dated 28 October 2025.
[10] Email from Pauline Maltzis to the Tribunal dated 28 October 2025.
[11] Tribunal order dated 10 November 2025.
[12] Email from Universal Planning to the Tribunal (copy parties) dated 16 November 2025.
[13] Email from Pauline Maltzis to Universal Planning (copy Tribunal and parties) dated 16 November 2025.
[14] Email from Pauline Maltzis to Tribunal (copy parties) dated 17 November 2025.
[15] Submissions of respondent by Universal Planning dated 9 October 2025, [2.3].
[18] Panayiotou, [1] of Reasons of Morris J.
[22] Practice Day Submission for the Respondent/Responsible Authority dated 10 October 2025, [39].
[28] Submissions for the applicants by PM Town Planning dated 12 October 2025, [1]-[4], [6] and letter from PM Town Planning to Tribunal dated 19 October 2025, page 2.
[29] Submissions for the applicants by PM Town Planning dated 12 October 2025, [7].
[32] Panayiotou, [9] of Reasons of Morris, J.
[41] Submissions of respondent by Universal Planning dated 9 October 2025, [5.1].
[43] Practice Day Submission for the Respondent/Responsible Authority dated 10 October 2025, [57].
Kordaris
Manningham CC [2026] VCAT 191