1. For the reasons given above, the request for the cancellation of permit was not brought as soon as practicable after the applicants had notice of the facts they relied upon. Thus, the application for cancellation is summarily dismissed under s 75 of the VCAT Act because it lacks substance. I say the request lacks substance because in the facts and circumstances, I am not persuaded that I should exercise my discretion under s89(3) of the PE Act.

[1] Allan Ferguson, Kerry Ferguson, Graeme Appleton and Kim Appleton.