3. Any person who wishes to make a submission in response to the amended plans is required to lodge such submission with the Registrar of the Tribunal by 4 June 2001. A copy of any submission lodged must be provided to the Responsible Authority and Applicant for Review.

4. Any party that has previously lodged a statement of grounds may rely on that statement or provide a further statement in accordance with the above directions.

5. The matter is set down for Hearing for 1 day, commencing at 10am, Monday 25 June 2001 at No. 55 King Street, Melbourne.

6. The requirements for the exchange of any expert material set out in the Tribunal's Practice Notes apply.

Mr M Ryan of Urban Planning Mediation appeared on behalf of the Applicant for Review.

Ms S Inkster, Urban Planner, represented the Responsible Authority.

Mr A Robertson of Tract Consultants appeared on behalf of Mr A Green, a Respondent Objector. Mr E Ishkan and Mr W & Mrs R Bishop appeared on their own behalf as Respondent Objectors.

1. This is an Application under Section 77 of the Planning and Environment Act 1987 brought by S Walsh to review a decision made by the City of Yarra ("the Council") to refuse to grant a permit in application no. 001073. A Notice of Refusal was issued on 22 December 2000. An Application for Review was lodged on 25 January 2001.

2. At the commencement of the Hearing, Mr Ryan sought leave to amend the plans submitted with the application with plans submitted to the Tribunal by letter from Matt Ryan Urban Planning Mediation dated 17 April 2001. Changes are set out in that letter and were the subject of discussion at the Hearing.

3. Ms Inkster did not object to the request to substitute the plans although she referred to the changes as significant. All Respondent Objectors represented at the Hearing objected to the request. These objections were because of the substantial nature of the changes and the process by which the changes were sought to be made.

4. The Tribunal sought information on the extent of notification undertaken by the Applicant of the proposed amending plans. Original objectors, but not all persons originally notified of the permit application, were advised.

5. After hearing from the parties in relation to the request to amend the plans, the Tribunal stood the matter down. On resumption of the Hearing, the Tribunal advised the parties that it would not grant leave to substitute the plans. The basis of this ruling was that although the proposal could be said to be a lesser scale, and while arguably not a transformation, it represented a substantial change. In that event, and without all adjacent owners and occupiers having the opportunity to consider the revised proposal and Council (or its delegate) formally deliberating upon it, the Tribunal did not consider it appropriate to grant leave.

6. After hearing submissions about options for the future of the proceedings, the Tribunal indicated that it would adjourn the matter, direct further advertising and set down a date for a full merits Hearing. The directions set out above were issued. Timeframes were determined in discussion with the parties present.

Victorian Civil and Administrative Tribunal Act 1998

Notice of Proposed Amendment - Planning Permit 001073

An Application to review a decision by the City of Yarra to refuse to grant a permit has been lodged with the Victorian Civil and Administrative Tribunal. Directions were issued by the Tribunal on 10 May 2001 regarding the notification of amending plans that are sought to be substituted by the Applicant for Review, the receipt of written responses about those plans and the hearing of the Application for Review.

The proposed amended plans (insert revision numbers) may be inspected during business hours at the premises of the Victorian Civil and Administrative Tribunal, 55 King Street, Melbourne and at the (insert name and address of the Planning Department at the City of Yarra).

Attached to this notice is a summary of how the plans differ to those on which a decision was made by the Council.

The Tribunal will hear the Application for Review at 10am, Monday 25 June 2001, at No. 55 King Street, Melbourne.

Provided you respond in writing to the Tribunal with respect to the amended proposal on or before 4 June 2001, your response will be taken into account in any decision made by the Tribunal. A copy of your response must also be served on the Applicant for Review at ........... (insert address) and the City of Yarra (insert address and contact person) by 4 June 2001.

If you have previously lodged a statement of grounds with the Tribunal you may provide a further written statement and/or appear at the Hearing. You should advise the Tribunal if you wish to rely on the statement already forwarded to it. Any other person may also attend the Tribunal Hearing on 25 June 2001 and, if you lodge a written submission with the Tribunal, Council and Applicant for Review in accordance with the above directions, you may request to be heard by the Tribunal.