Victorian Civil and Administrative Tribunal|2020-07-27|Before: Mr J

For the reasons given above, the decision of the responsible authority is affirmed. No permit is granted.

[1] The planning permit authorising this development was issued in January 2017, and an extension of time was granted by the Council in September 2019. The grant of the permit and the extension of time pre-date the gazettal of Amendment C125 Part 2 to the Monash Planning Scheme on 14 November 2019 which, amongst others, amended clauses 21.04 and 22.01.

The submissions and supporting documents/material 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.

[4] Pursuant to section 60(1A)(g) of the Planning and Environment Act 1987, before deciding on an application the responsible authority (and, upon review, this Tribunal), if the circumstances appear to require, may consider a strategic plan which has been adopted by the municipal council.

[5] The applicant submitted that the residential land around the Clayton Activity Centre does not form part of the Activity Centre as that centre does not have a Structure Plan.

Environment Act 1987

Pechlivanidis v Monash CC [2020] VCAT 753 (27 July 2020)

Pechlivanidis v Monash CC [2020] VCAT 753

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Pechlivanidis v Monash CC [2020] VCAT 753 (27 July 2020)