Victorian Civil and Administrative Tribunal|2025-03-31

For the reasons given above, the decision of the responsible authority is set aside. A permit is granted subject to conditions.

Extend one dwelling on a lot less than 300 square metres.

The development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.

In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies:

(a) The development is not commenced within two years from the date of permit issue;

(b) The development is not completed within four years from the date of permit issue;

[1] The submissions of the parties, any supporting exhibits given at the hearing and the statements of grounds filed 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.

Environment Act 1987

Thrower v Banyule CC [2025] VCAT 279 (31 March 2025)

Despite this clarification, both parties filed submissions based on the council's original consideration and refusal of the application, without any reference to VicSmart or the relevant decision guidelines.
At the commencement of the hearing, I queried the parties as to this approach. I also directed them to the recent Tribunal decision of Mckenzie v Yarra Ranges SC [2025] VCAT 170, where a similar process occurred. The Tribunal, in that decision, also referred to the VicSmart Planner and Practitioner Guide which states that if a proposal meets the criteria, it must be assessed using the VicSmart process and that a council cannot choose to assess a VicSmart application using the regular permit process.
I asked whether the matter needed to be adjourned for the parties to consider these matters and both parties considered that they could address the Tribunal on the relevant matters after a short adjournment of the proceeding. Oral submissions were then made and the decision reserved.

Thrower v Banyule CC [2025] VCAT 279

At a glance

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Decision date

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Judgment (7 paragraphs)

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Legislation Cited (1)

Cases Cited (2)

Thrower v Banyule CC [2025] VCAT 279 (31 March 2025)