Category: Planning & Environment

Case note: Kingston CC v Minister for Planning (Red Dot) [2025] VCAT 1117

In December 2025, the Victorian Civil and Administrative Tribunal (Tribunal) considered an application by Kingston City Council (Council) to review the Minister for Planning’s (Minister) decision to approve the former Kingswood Golf Course Development Plan (Revision 6, dated 7 October 2025) (Plan) — see Kingston CC v Minister for Planning (Red Dot) [2025] VCAT 1117.

This marks the first known occasion of an application by a council for a review of a Minister’s decision to approve a development plan. From a practical point of view, the decision highlights the need to lodge applications for review within the statutory period.

Rigby Cooke Lawyers is delighted to share that we have been recognised among the best law firms in Melbourne for five areas of law in the second edition of Best Law Firms™ – Australia.

Rigby Cooke Lawyers is delighted to share that six of our esteemed partners have been recognised across eight areas of law in the 2026 edition of The Best Lawyers in Australia™.

We are delighted to share that Rhodie Anderson — Partner, Reto Hofmann — Special Counsel, and our Planning & Environment practice have been recognised in the 2025 Doyle’s Planning & Environment Guides for Victoria.

The windfall gains tax (WGT) is a new tax that is imposed on the increase in value of property in Victoria as a result of a rezoning of that land.

Rigby Cooke Lawyers is delighted to announce the promotion of eight lawyers across five practice areas.

We are pleased to share the news that five of our practice areas, including Corporate & Commercial, Customs & Trade, Planning & Environment, Property and Wills, Trusts & Estates, have been recognised by Best Lawyers in their inaugural edition of Best Law Firms™ – Australia.

We are pleased to announce that five of our esteemed partners have been recognised in the 17th edition of The Best Lawyers in Australia™.

We are delighted to share the news that Rhodie Anderson, Partner – Planning & Environment, and our Planning & Environment practice have again been recognised for their exceptional work in the Doyle’s Planning & Environment Guides for Victoria.

Rigby Cooke Lawyers is pleased to announce that six of our esteemed partners across six practice areas have been recognised in the 16th edition of The Best Lawyers in Australia™.

Rigby Cooke Lawyers is pleased to announce that Rhodie Anderson, Partner, and our Planning & Environment practice have been recognised for their exceptional work in the Doyle’s Planning & Environment Guides for Victoria, 2023.

On 1 July 2022, the Victorian Civil & Administrative Tribunal (VCAT) introduced its new Fast Track List.

Rigby Cooke Lawyers’ Planning & Environment team have again been recognised for their exceptional work in the Victorian planning space.

The Windfall Gains Tax and State Taxation and Other Acts Further Amendment Act 2021 (the Act) received Royal Assent on 30 November 2021.

During the 2021 Victorian State Budget, the Government announced that it would introduce a ‘windfall gains tax’ (WGT) that would apply to large windfall gains associated with planning decisions to rezone land.

The State Revenue Office (SRO) has released a revenue ruling (DA-064) which sets out its views on the meaning of ‘land development’ in the context of the sub-sale provisions.

Rigby Cooke Lawyers’ Planning & Environment team have again been recognised for their exceptional work in the Victorian planning space.

Rigby Cooke Lawyers’ Planning and Environment team continue to be recognised for their outstanding work in the planning space in Victoria.

Rigby Cooke Lawyers’ Planning and Environment team continues to be recognised for their outstanding work in the planning space in Victoria.

In early 2018, Greater Shepparton City Council (Council) initiated an application to the Victorian Civil and Administrative Tribunal (VCAT) for a declaration that a camping and caravan park in Shepparton East had transformed from a camping and caravan park to a residential village or retirement village as a result of four new high quality long term cabins being constructed within the park.

Rigby Cooke Lawyers successfully represents Melbourne Health and the Department of Health and Human Services in VCAT application to reduce height of North Melbourne apartment tower.

Earlier this month, the Victorian Civil and Administrative Tribunal ordered a developer to reduce the height of its apartment building to avoid interrupting helicopter access to the Royal Melbourne Hospital helipad.