Nicolaou v Kingston CC [2010] VCAT 117

The application to re-open the Tribunal's order dated 16 December 2009 is granted.
Pursuant to clause 62 of schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998 I determine to disregard the failure of the applicant to comply with section 69(1) of the Planning and Environment Act 1987 to make application for an extension of time of Permit No. KP 13/05 within 3 months of the expiry of the permit. I hold that the Tribunal has jurisdiction to determine the application for review.
The decision of the responsible authority is set aside.
The time within which the development described in Permit No. KP 13/05 is to be started is extended to 1 February 2011 and the time within which the development is to be completed is 1 February 2013.

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