Friends of The Surry Inc v Minister for Planning

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

22/10/2012

LITIGATION TYPE

Access to Justice

SUBJECT MATTER

Costs

REVIEW TYPE

Judicial review

SUMMARY

The Minister for Planning granted planning permits for development in Narrawong. The Friends of the Surry Inc sought review of these grants. Before the hearing, the Minister prepared, adopted and approved a planning scheme amendment, which removed the requirement for permits for specific developments approved by the Minister, such as these. The Tribunal held that under relevant legislation, it was not appropriate to strike out the granting of the permits, but rather to set aside the 'responsible authority's' (the Minister) decision, and not grant a permit. In considering an application for costs, the Tribunal differentiated between the Minister in his capacity as planning authority, and his role as the responsible authority. In his role as the planning authority, the Minister had unnecessarily disadvantaged the applicants for review. However, the Minister in this authority was not a party to the proceedings, only being permitted to be a party to proceedings under his capacity as responsible authority. Thus, as the Minister was not a party to the matter, costs could not be awarded against him.

CASE DOCUMENTS

Friends of The Surry Inc v Minister for Planning [2013] VCAT 157