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ARTICLE · 23 NOVEMBER 2009

Fletcher And What It Means To Councils

Maddocks
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On 23 October 2009, the Court of Appeal in Maroondah City Council v Graham C Fletcher and Minister for Planning [2009] VSCA 250 allowed Council's appeal and ordered that Fletcher's challenge to a POS requirement (imposed by permit condition) be remitted to VCAT for rehearing, in accordance with law.

AustraliaReal Estate and Construction
John Rantino
John Rantino
Ian Murray
Ian Murray

On 23 October 2009, the Court of Appeal in Maroondah City Council v Graham C Fletcher and Minister for Planning [2009] VSCA 250 allowed Council's appeal and ordered that Fletcher's challenge to a POS requirement (imposed by permit condition) be remitted to VCAT for rehearing, in accordance with law.

The Appeal focused on whether Council was, in light of the particular subdivision or subdivisions, entitled to impose (by permit condition) a 5% POS requirement, where this had been specified in the schedule to cl. 52.01 of the Maroondah Planning Scheme.

VCAT (then constituted by President Morris) ruled that the subdivisions were not subdivisions to which cl. 52.01 of the Planning Scheme applied and ordered that the POS permit condition be removed.

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