Navigating VCAT: What to Expect in a Planning Dispute
Facing a planning dispute can be stressful, but understanding the VCAT process makes it manageable. This blog explains how planning disputes are handled, what to expect at each stage, and why preparation and expert advice can help you achieve a positive outcome.
Written by
Robert Belcher
When a planning decision doesn’t go your way, whether it’s a refused permit, difficult conditions, or objections to your project, you may find yourself heading to the Victorian Civil and Administrative Tribunal (VCAT). Understanding what to expect can make the process less daunting and help you prepare effectively.
What is VCAT?
VCAT, or the Victorian Civil and Administrative Tribunal, is the independent body that reviews planning disputes in Victoria. Most planning cases are heard in the Planning and Environment List, and decisions are guided by the Planning and Environment Act 1987 (Vic) as well as the Victorian Civil and Administrative Tribunal Act 1998 (Vic).
Common Reasons for a Planning Dispute
Planning disputes usually arise when:
A council refuses a planning permit application.
A permit is granted but contains conditions the applicant finds unreasonable.
Objectors challenge a council’s decision (though objectors do not always have the same rights of appeal as applicants).
Disputes occur over planning scheme amendments or interpretation.
The VCAT Process Step by Step
Lodging an Application
Applications must be made within strict timeframes, commonly 60 days from the council’s decision. Missing the deadline can mean losing your right to review.Case Management and Directions
VCAT may hold a directions hearing to set timelines for evidence and submissions. This helps narrow the issues and keep the matter on track.Mediation or Compulsory Conference
VCAT often encourages parties to resolve matters early through mediation. Many disputes are settled at this stage without the need for a full hearing.The Hearing
If settlement is not reached, the case proceeds to a hearing where each side presents evidence, submissions, and expert reports.Decision
VCAT can affirm, vary, or overturn the council’s decision. Its rulings are binding and enforceable.
The Role of Evidence and Representation
VCAT places strong weight on expert evidence. Town planners, traffic engineers, environmental consultants, and others often play a critical role. While self-representation is allowed, planning disputes are highly technical. Having a lawyer ensures your case is well-prepared, compliant with VCAT rules, and strategically presented.
Why Preparation Matters
Success at VCAT depends not only on the strength of your proposal but also on how well you prepare. This includes gathering expert reports, understanding council policies, and presenting a clear argument aligned with planning law.
