SERVICES
VCAT Appeals
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VCAT APPEALS
We manage VCAT Appeals and can advocate on your behalf at the Victorian Civil and Administration Tribunal.
We have extensive experience at the Victorian Civil and Administrative Tribunal and a high success rate.
Once consulted for a potential VCAT Appeal, we provide an honest evaluation and make suggestions to resolve any issues.
Whilst the importance of the advocacy provided at the hearing should not be understated, the chance of success is significantly increased by the amendment of plans and input of sub-consultants (traffic engineers, arborists, etc.), to address technical issues.
In situations where the applicant has resolved the council or objector’s grounds of appeal via amended plans, the possibility arises for the parties to settle the matter via a consent order.
This is a legal agreement signed by all parties to the appeal, which outlines that the matter has been resolved and allows VCAT to direct that a permit be issued.
The likelihood that this could occur depends on the number of objectors, the flexibility of the council and the commercial considerations of the developer.
This is the ideal scenario, as it guarantees a permit and is the fastest outcome.
A high percentage of appeals taken on by Aspect Planning Services have been determined by consent orders.
Often, mediation sessions are either requested by a party to the appeal or required by the Tribunal as part of the procedure. They are referred to as a ‘Compulsory Conference’.
In such instances, the objector parties or councils have a chance to state their concerns in layman’s terms (without reading from detailed reports), and the permit applicant can offer solutions to alleviate their concerns.
Aspect Planning Services have extensive experience in mediation sessions and can represent clients in such situations. We always adopt a pragmatic approach and an open mind.
Aspect Planning Services have extensive experience presenting at VCAT.
Our VCAT reports include analysis of the main issues in contention and refer to previous VCAT determinations, which demonstrates precedence in terms of interpretation of legislation and prioritisation of competing objectives.
This is a critical part of the advocacy process.
Aerial photographs and images are provided to show the context and the extent of development in the surrounding area.
Technical considerations such as traffic engineering, drainage, landscaping, or arboriculture will be addressed by expert witnesses who will be cross-examined by the Tribunal and the other parties.
Aspect Planning Services have the experience and contacts to ensure the appropriate witnesses are engaged.
In preparation for VCAT appeals, Aspect Planning Services do not leave anything to the last minute. We take an organised and proactive approach and ensure that amended plans are prepared and circulated in advance of the deadline.
When it comes to VCAT appeals, we believe that upfront and honest advice, strong communication, organisation and preparation is the key to success.