Shalit and Faine v Boroondara City Council and Ors [2002] VSC 528

Supreme Court of Victoria|2002-12-02|Before: Balmford J

For the reasons given, I find no error of law in the decision of the Tribunal. The appeal will be dismissed. Counsel may wish to make submissions as to costs.

[1] (2001) 8 VPR 122. Mr Dreyfus disclaimed any editorial responsibility for that passage.

[10] I leave on one side the fact that they would have been well aware that had they done so, and required all possibly relevant criteria to be taken into account on the making of every decision on an application for a planning permit, the system of planning created by the VPP schemes would have been unworkable.

Decisions (Judicial Review) Act 1977

PLANNING LAW - appeal from the Victorian Civil and Administrative Tribunal - construction of a new dwelling - inappropriate to control the development with criteria unrelated to the planning scheme control - appeal dismissed Planning and Environment Act 1987 - sections 4, 60, 84B. Bropho v Western Australia [1990] HCA 24; (1990) 171 CLR 1 Glen Eira City Council v Gory (2001) 9 VPR 101 Klein v Domus [1963] HCA 54; (1963) 109 CLR 467 Minister for Aboriginal Affairs v Peko-Wallsend [1986] HCA 40; (1986) 162 CLR 24 National Trust of Australia (Victoria) v Australian Temperance and General Mutual Life Assurance Society Ltd [1976] VicRp 60; [1976] VR 592 RSL Glenroy Sub-branch v Moreland City Council [1998] 2 VR 406

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