Victorian Civil and Administrative Tribunal|2005-08-29|Before: Stuart Morris J

Moffett v Hobsons Bay CC [2005] VCAT 1815 (29 August 2005)

1 Pursuant to clause 62 of schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998, I disregard the failure of the owners or occupiers of 30 Galvin Street, Altona, to apply for an extension of time within which the development described in permit P03/506 pursuant to the Hobsons Bay Planning Scheme may commence and I hold that the Tribunal has jurisdiction to determine the application for review.

2 I direct that the time within which the development described in the said permit is to be started is to be extended to 26 August 2006 and I direct that the time within which the development is to be completed is two years from the date of commencement of the development.

(given orally at the hearing and subsequently revised)

1 In Schneider v Boroondara City Council [2004] VCAT 642, I outlined how the tribunal could deal with cases where a permit holder had failed to make a request to the responsible authority for an extension of time within the period prescribed in and under the Planning and Environment Act.

2 In this case the applicant was granted a permit for a dual occupancy that was subject to a condition that the development be started within one year. The permit holder, thinking that the Hobsons Bay council followed the same general practices as other councils, thought the condition allowed him two years to start the development. When he realised his mistake, it was too late to apply for an extension if the prescribed times in the Act need be complied with. In my view this was a genuine mistake and it is appropriate to exercise the tribunal's powers to extend time.

3 I note that the council consented to this course. I also note that there were no objectors to the application when it was made.

Civil and Administrative Tribunal Act 1998

Moffett v Hobsons Bay CC [2005] VCAT 1815

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Moffett v Hobsons Bay CC [2005] VCAT 1815 (29 August 2005)

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