On 1 July 2022, the Victorian Civil & Administrative Tribunal (VCAT) introduced its new Fast Track List.
What is the Fast Track List and how does it work?
The Fast Track List provides an expedited process for certain types of ‘post-permit’ applications.
Hearings in the Fast Track List will be listed within 9 to 12 weeks post-lodgement of the application. Proceedings which require a practice day hearing are likely to fall towards the end of that time frame.
In the Fast Track List:
- parties may request a decision ‘on the papers’ without attending a hearing;
- an oral decision may be delivered by the Member at the conclusion of the hearing; or
- the decision provided in writing within 2 to 6 weeks after the hearing (depending on the complexity of the proceeding).
The following applications under the Planning and Environment Act 1987 (Vic) will automatically be included in the Fast Track List:
- Section 87 or 89 applications for the cancellation or amendment of a permit by a non-permit holder;
- Section 93 stop order requests;
- Section 81 or 81(2) applications against a refusal or failure to extend time for a permit or for when information must be given in a planning permit application;
- Section 149A declarations;
- Section 97P and 97Q applications regarding certificates of compliance;
- Section 149(1) applications for review of a decision of a specified body that something must be done to their satisfaction; and
- Section 184 and 184A-184D applications to amend or end a section 173 agreement.
It is important to note that plans cannot be amended in the Fast Track List.
It is contemplated that parties can make requests to ‘opt out’ of the Fast Track List, however, the Tribunal may need to call a practice day hearing to determine whether to grant the request or not.
If you would like advice or assistance regarding a specific matter and whether it is eligible for the new Fast Track List at VCAT, please contact a member of our Planning & Environment team.
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