Neville v Maribyrnong CC [2008] VCAT 2259

Ms Nettar installed a satellite dish on her property at a time when a planning permit was required for it under clause 52.04 of the Maribyrnong Planning Scheme. She was advised of this by the responsible authority and lodged a planning permit application for the installation and use of the structure. The responsible authority determined to grant a permit for the satellite dish. Ms Neville applied for review of this decision as a neighbouring objector.
However, between the time the application for review was lodged and the present time, VC49 amended clause 52.04 of the planning scheme. The effect of this amendment is that the installation and use of the satellite dish on the subject land no longer requires a planning permit, since it is 2.4 metres in diameter and has been installed in a location that is not visible from the street and meets the required setbacks.
On this basis, the application is struck out as misconceived under section 75(1) Victorian Civil and Administrative Tribunal Act 1998 since the structure is now lawful in the absence of a planning permit and there is therefore no substance to the application for review.

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