The Development Plan Catch 22

In Saunders v Frankston City Council (Red Dot) [2009] VCAT 114 (19 February 2009), the Tribunal commented on the necessity for notice for permit applications subject to a Development Plan Overlay (DPO). Deputy President Helen Gibson clarified a DPO operates to exempt applications from notice requirements and review.

Deputy President Gibson made clear that when an application is subject to a development plan, the ordinary notice provisions in the Planning and Environment Act 1987 (Vic) (P&E Act) have no application. She said that if the application is accepted as being generally in accordance with the development plan, then it is exempt from notice provisions under clause 43.04-2 of the planning scheme and the notice provisions in the P&E Act do not apply. If such an application is refused, then it does not have to comply with notice requirements anyway.