What Evidence Can Be Used To Interpret An Ambiguous Permit Condition?

In the recent decision of Vestey & Ors v Warrnambool CC (Red Dot) [2008] VCAT 963, Justice Kevin Bell, VCAT President, has re-examined the relevance of external materials to the interpretation of ambiguous planning permits. Justice Bell's confirmation that certain 'objective' evidence of facts and circumstances can be relevant to interpretation of vague or unclear permits provides important guidance for councils and developers alike.

FACTS

In earlier proceedings, objectors had applied to the Tribunal for review of a decision of the Warrnambool City Council to grant a permit allowing the use of premises for an adult bookshop. The matter was settled by consent with the Tribunal ordering that a permit should be issued with a revised Condition 7. The amended Condition 7 read: