1. The Application under Section 120 of the Victorian Civil and Administrative Tribunal Act 1998 for the proceeding to be re-opened is allowed.

2. The Hearing of the Application for Review is scheduled at 2.15pm, on Friday 29 November 2002, at the offices of No. 55 King Street, Melbourne.

Ms N Mangonis appeared on her own behalf as the Applicant for Review.

Ms L Brown, Statutory Planner, appeared on behalf of the Responsible Authority.

1. This is an Application under Section 77 of the Planning and Environment Act 1987 brought by James Martakis Architect on behalf of Mr and Mrs Mangonis to review a decision made by the City of Yarra ("the Council") to refuse a permit in permit application no. PL01/1038. A Notice of Refusal was issued on 15 March 2002. The Application for Review was lodged on 17 May 2002.

2. There was no appearance at the Hearing on 25 September 2002 by the Applicant or a representative of the Applicant. Consequently, as set out in the Tribunal's order of the same date, the Application was not allowed and the decision of the Responsible Authority affirmed pursuant to Section 51(5) of the Victorian Civil and Administrative Tribunal Act 1998. Costs were reserved.

3. Subsequently, the Tribunal received an application from Ms Mangonis, dated 25 September 2002, seeking to have the Application re-opened. Section 120 of the Victorian Civil and Administrative Tribunal Act 1998 allows for such an application to be made. Subsection (3) of Section 120 states that the Tribunal may hear and determine the application if it is satisfied that the applicant had a reasonable excuse for not attending or being represented at the hearing.

4. At the Hearing on 15 October 2002, Ms Mangonis explained the circumstances relating to the non-appearance.

6. Having heard the submissions, I advised the parties that I would allow the Application for the proceeding to be re-opened pursuant to Section 120 of the Victorian Civil and Administrative Tribunal Act 1998. At the Hearing, I confirmed with the parties that the matter would be re-listed for 2.15pm, Friday 29 November 2002.