| s 50(4) |
Duty to amend application |
5 Delegates
|
|
| s 50(5) |
Power to refuse to amend application |
5 Delegates
|
|
| s 50(6) |
Duty to make note of amendment to application in register |
7 Delegates
|
|
| s 50A(1) |
Power to make amendment to application |
5 Delegates
|
|
| s 50A(3) |
Power to require applicant to notify owner and make a declaration that notice has been given |
5 Delegates
|
|
| s 50A(4) |
Duty to note amendment to application in register |
6 Delegates
|
|
| s 51 |
Duty to make a copy of every application and the prescribed information supplied in respect of the application available in accordance with the public availability requirements |
6 Delegates
|
|
| s 52(1)(a) |
Duty to give notice of the application to owners/occupiers of adjoining allotments unless satisfied that the grant of permit would
not cause material detriment to any person |
3 Delegates
|
Applicable for Future Homes Applications only
Note: VicSmart Applications are exempt from the notice requirements under s 52(1)(a), (b), (c) and (d). |
| s 52(1)(b) |
Duty to give notice of the application to other municipal council where appropriate |
3 Delegates
|
Applicable for Future Homes Applications only
Note: VicSmart Applications are exempt from the notice requirements under s 52(1)(a), (b), (c) and (d). |
| s 52(1)(c) |
Duty to give notice of the application to all persons required by the planning scheme |
3 Delegates
|
Applicable for Future Homes Applications only
Note: VicSmart Applications are exempt from the notice requirements under s 52(1)(a), (b), (c) and (d). |
| s 52(1)(ca) |
Duty to give notice of the application to owners and occupiers of land benefited by a registered restrictive covenant if may result in breach of covenant |
3 Delegates
|
|
| s 52(1)(cb) |
Duty to give notice of the application to owners and occupiers of land benefited by a registered restrictive covenant if application is to remove or vary the covenant |
3 Delegates
|
|
| s 52(1)(d) |
Duty to give notice of the application to other persons who may be detrimentally effected |
3 Delegates
|
Applicable for Future Homes Applications only
Note: VicSmart Applications are exempt from the notice requirements under s 52(1)(a), (b), (c) and (d). |
| s 52(3) |
Power to give any further notice of an application where appropriate |
5 Delegates
|
|
| s 53(1) |
Power to require the applicant to give notice under s 52(1) to persons specified by it |
3 Delegates
|
|
| s 53(1A) |
Power to require the applicant to give the notice under s 52(1AA) |
3 Delegates
|
|
| s 54(1) |
Power to require the applicant to provide more information |
3 Delegates
|
Note: for VicSmart applications, delegates cannot require an applicant to provide more information than what is listed in Schedules to clause 59 of the planning scheme |
| s 54(1A) |
Duty to give notice in writing of information required under s 54(1) |
3 Delegates
|
Note: for VicSmart applications, delegates cannot require an applicant to provide more information than what is listed in Schedules to clause 59 of the planning scheme |
| s 54(1B) |
Duty to specify the lapse date for an application |
5 Delegates
|
|
| s 54A(3) |
Power to decide to extend time or refuse to extend time to give required information |
5 Delegates
|
|
| s 54A(4) |
Duty to give written notice of decision to extend or refuse to extend time under s 54A(3) |
5 Delegates
|
|
| s 55(1) |
Duty to give copy application, together with the prescribed information, to every referral authority specified in the planning scheme |
5 Delegates
|
|
| s 57(2A) |
Power to reject objections considered made primarily for commercial advantage for the objector |
4 Delegates
|
|
| s 57(3) |
Function of receiving name and address of persons to whom notice of decision is to go |
6 Delegates
|
|
| s 57(5) |
Duty to make a copy of every objection available in accordance with the public availability requirements |
6 Delegates
|
|
| s 57A(4) |
Duty to amend application in accordance with applicant's request, subject to s 57A(5) |
5 Delegates
|
|
| s 57A(5) |
Power to refuse to amend application |
4 Delegates
|
|
| s 57A(6) |
Duty to note amendments to application in register |
6 Delegates
|
|
| s 57B(1) |
Duty to determine whether and to whom notice should be given |
5 Delegates
|
|
| s 57B(2) |
Duty to consider certain matters in determining whether notice should be given |
5 Delegates
|
|
| s 57C(1) |
Duty to give copy of amended application to referral authority |
5 Delegates
|
|
| s 58 |
Duty to consider every application for a permit |
5 Delegates
|
|
| s 58A |
Power to request advice from the Planning Application Committee |
4 Delegates
|
|
| s 59(1) |
Power to decide an application without delay |
5 Delegates
|
|
| s 60 |
Duty to consider certain matters |
3 Delegates
|
Note: VicSmart applications are exempt from the requirements of s 60(1)(b), (c), (e) and (f). |
| s 60(1)(a) |
Duty to consider the relevant planning scheme |
5 Delegates
|
Note: VicSmart applications are exempt from the requirements of s 60(1)(b), (c), (e) and (f).
|
| s 60(1)(d) |
Duty to consider any decision and comments of a referral authority which has been received |
5 Delegates
|
Note: VicSmart applications are exempt from the requirements of s 60(1)(b), (c), (e) and (f). |
| s 60(1A)(i) |
Power to consider any agreement made pursuant to s 173 |
5 Delegates
|
Note: VicSmart applications are exempt from the requirements of s 60(1A)(b) - (h) and (j). |
| s 60(1B) |
Duty to consider the number of objectors in considering whether use or development may have significant social effect |
5 Delegates
|
|
| s 61(1) |
Power to determine permit application, either to decide to grant a permit, to decide to grant a permit with conditions or to refuse a permit application |
5 Delegates
|
The permit must not be inconsistent with a cultural heritage management plan under the Aboriginal Heritage Act 2006 |
| s 61(2) |
Duty to decide to refuse to grant a permit if a relevant determining referral authority objects to grant of permit |
4 Delegates
|
|
| s 61(2A) |
Power to decide to refuse to grant a permit if a relevant recommending referral authority objects to the grant of permit |
4 Delegates
|
|
| s 61(3)(a) |
Duty not to decide to grant a permit to use coastal Crown land without Minister's consent |
4 Delegates
|
|
| s 61(3)(b) |
Duty to refuse to grant the permit without the Minister's consent |
4 Delegates
|
|
| s 61(4) |
Duty to refuse to grant the permit if grant would authorise a breach of a registered restrictive covenant |
4 Delegates
|
|
| s 62(1) |
Duty to include certain conditions in deciding to grant a permit |
5 Delegates
|
|
| s 62(2) |
Power to include other conditions |
5 Delegates
|
|
| s 62(4) |
Duty to ensure conditions are consistent with paragraphs (a),(b) and (c) |
5 Delegates
|
|
| s 62(5)(a) |
Power to include a permit condition to implement an approved development contributions plan or an approved infrastructure contributions plan |
5 Delegates
|
|
| s 62(5)(b) |
Power to include a permit condition that specified works be provided on or to the land or paid for in accordance with s 173 agreement |
5 Delegates
|
|
| s 62(5)(c) |
Power to include a permit condition that specified works be provided or paid for by the applicant |
5 Delegates
|
|
| s 62(6)(a) |
Duty not to include a permit condition requiring a person to pay an amount for or provide works except in accordance with s 46N(1), 46GV(7) or 62(5) |
5 Delegates
|
|
| s 62(6)(b) |
Duty not to include a permit condition requiring a person to pay an amount for or provide works except a condition that a planning scheme requires to be included as referred to in s 62(1)(a) |
5 Delegates
|
|
| s 63 |
Duty to issue the permit where made a decision in favour of the application (if no one has objected) |
5 Delegates
|
|
| s 64(5) |
Duty to give each objector a copy of an exempt decision |
4 Delegates
|
Note: VicSmart and Future Home applications are exempt from requirements of s 64(1), (2) and (3)
This provision applies also to a decision to grant an amendment to a permit - see s 75
|
| s 64A |
Duty not to issue permit until the end of a period when an application for review may be lodged with VCAT or until VCAT has determined the application, if a relevant recommending referral authority has objected to the grant of a permit |
6 Delegates
|
This provision applies also to a decision to grant an amendment to a permit - see s 75A |
| s 65(1) |
Duty to give notice of refusal to grant permit to applicant and person who objected under s 57 |
6 Delegates
|
|
| s 66(1) |
Duty to give notice under ss 64 or 65 and copy permit to relevant determining referral authorities |
6 Delegates
|
|
| s 66(2) & (3) |
Duty to give a recommending referral authority notice of its decision to grant a permit in the specified circumstances, and include any conditions to which the permit will be subject |
6 Delegates
|
If the recommending referral authority objected to the grant of the permit or the responsible authority decided not to include a condition on the permit recommended by the recommending referral authority |
| s 66(4) & (5) |
Duty to give a recommending referral authority notice of its decision to refuse to grant a permit in the circumstances specified, and include the information required under s 66(5) |
6 Delegates
|
If the recommending referral authority objected to the grant of the permit or the recommending referral authority recommended that a permit condition be included on the permit |
| s 66(6) |
Duty to give a recommending referral authority a copy of any permit which Council decides to grant and a copy of any notice given under ss 64 or 65 |
6 Delegates
|
If the recommending referral authority did not object to the grant of the permit or the recommending referral authority did not recommend that a condition be included on the permit |
| s 69(1) |
Function of receiving application for extension of time of permit |
6 Delegates
|
|
| s 69(1A) |
Function of receiving application for extension of time to complete development |
6 Delegates
|
|
| s 69(2) |
Power to extend time |
5 Delegates
|
|
| s 70 |
Duty to make a copy of every permit that it issues available in accordance with the public availability requirements |
6 Delegates
|
|
| s 71(1) |
Power to correct certain mistakes |
5 Delegates
|
|
| s 71(2) |
Duty to note corrections in register |
6 Delegates
|
|
| s 73 |
Power to decide to grant amendment subject to conditions |
5 Delegates
|
|
| s 74 |
Duty to issue amended permit to applicant if no objectors |
5 Delegates
|
|
| s 76 |
Duty to give applicant and objectors notice of decision to refuse to grant amendment to permit |
6 Delegates
|
|
| s 76A(1) |
Duty to give relevant determining referral authorities copy of amended permit and copy of notice |
6 Delegates
|
|
| s 76A(2) & (3) |
Duty to give a recommending referral authority notice of its decision to grant an amendment to a permit in the circumstances specified, and include any conditions to which the permit will be subject |
6 Delegates
|
If the recommending referral authority objected to the amendment of the permit or the responsible authority decided not to include a condition on the amended permit recommended by the recommending referral authority |
| s 76A(4) & (5) |
Duty to give a recommending referral authority notice of its decision to refuse to grant an amendment to a permit in the circumstances specified, and include the information required under s 76A(5) |
6 Delegates
|
If the recommending referral authority objected to the amendment of the permit or the recommending referral authority recommended that a permit condition be included on the amended permit |
| s 76A(6) |
Duty to give a recommending referral authority a copy of any amended permit which Council decides to grant and a copy of any notice given under ss 64 or 76 |
6 Delegates
|
If the recommending referral authority did not object to the amendment of the permit or the recommending referral authority did not recommend a condition be included on the amended permit |
| s 76D |
Duty to comply with direction of Minister to issue amended permit |
5 Delegates
|
|
| s 83 |
Function of being respondent to an appeal |
5 Delegates
|
|
| s 83B |
Duty to give or publish notice of application for review |
5 Delegates
|
|
| s 84(1) |
Power to decide on an application at any time after an appeal is lodged against failure to grant a permit |
4 Delegates
|
|
| s 84(2) |
Duty not to issue a permit or notice of decision or refusal after an application is made for review of a failure to grant a permit |
4 Delegates
|
|
| s 84(3) |
Duty to tell principal registrar if decide to grant a permit after an application is made for review of its failure to grant a permit |
4 Delegates
|
|
| s 84(6) |
Duty to issue permit on receipt of advice |
5 Delegates
|
|
| s 84AB |
Power to agree to confining a review by the Tribunal |
4 Delegates
|
|
| s 86 |
Duty to issue a permit at order of Tribunal |
5 Delegates
|
|
| s 87(3) |
Power to apply to VCAT for the cancellation or amendment of a permit |
4 Delegates
|
|
| s 90(1) |
Function of being heard at hearing of request for cancellation or amendment of a permit |
5 Delegates
|
|
| s 91(2) |
Duty to comply with the directions of VCAT |
5 Delegates
|
|
| s 91(2A) |
Duty to issue amended permit to owner if Tribunal so directs |
5 Delegates
|
|
| s 92 |
Duty to give notice of cancellation/amendment of permit by VCAT to persons entitled to be heard under s 90 |
5 Delegates
|
|
| s 93(2) |
Duty to give notice of VCAT order to stop development |
5 Delegates
|
|
| r 21 |
Power of responsible authority to require a permit applicant to verify information in an application for a permit or to amend a permit or any information provided under s 54 of the Act |
6 Delegates
|
|
| r 25(a) |
Duty to make copy of matter considered under s 60(1A)(g) in accordance with the public availability requirements |
5 Delegates
|
Applicable for Future Homes Applications only
|
| r 20 |
Power to waive or rebate a fee other than a fee relating to an amendment to a planning scheme |
4 Delegates
|
|
| r 21 |
Duty to record matters taken into account and which formed the basis of a decision to waive or rebate a fee under rr 19 or 20 |
6 Delegates
|
|