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Respond to an application – Planning disputes
When you get notice about a case from VCAT, find out what this means for you and decide what to do.
If you want to object to a planning decision
If you have received notice of a planning case at VCAT that affects you or your land (Section 77, 79 and 80 or 87A), you can submit a statement of grounds to become involved in the case and contest the planning decision.
What the notice means
You may get notice about a case from VCAT or another party. The notice is an initiating order and will include a copy of the application to VCAT. This means that there is a dispute at VCAT to be resolved.
The person who made the application is the applicant.
The notice may also name a responsible authority or a referral authority.
Why you should come
It's very important that you don't ignore the notice. At VCAT, you can have your say and explore options to resolve the dispute.
If you don’t come, we can make a decision that affects you.
What happens next
Select the type of VCAT case you are responding to and find out what you need to do next.
You can find out the type of case (section number) on the application form sent to you.
If the case is a section 77, 79 or 80 (an application a review of a decision by a permit applicant) or a section 87A (an application to cancel or amend a permit issued by the Tribunal), find out what you have to do to get involved in the case.
What’s an initiating order?
The first order that we send you.
The initiating order tells you the date of your hearing and what happens next. It sets out the steps you need to take to progress your application.
What's a responsible authority?
The organisation that manages and enforces the planning laws for an area – usually the local council. It also decides whether a planning permit application is approved or refused.
What's a referral authority?
An organisation that a planning permit application is referred to for specialist advice – usually a government body or service provider. Common examples are Melbourne Water, VicRoads or the CFA.
- 1 You receive a notice from VCAT2 Read and understand the documents
Carefully read and understand the documents sent to you including the initiating order and the copy of the application form.
These documents explain the application that has been made to review a decision on a planning permit.
3 Learn more about the disputeYou may want to understand more about how Victoria manages planning applications. You can find out more at the Victorian Government’s Guide to Victoria’s Planning System
You can also find out more about the laws you are responding to by reading the section number of the Planning and Environment Act 1987 that your dispute falls under.
4 Respond to the applicationIf the initiating order requires you to respond with a statement of grounds:
- Complete a statement of grounds form and send it to VCAT and all other parties in the case. You need to do this by 4pm on the date we give you in the order.
- You do not have to pay a fee when you lodge a statement of grounds if you are the permit applicant.
Submit Statement of Grounds online
If you have any difficulties with applying online, contact us on 1300 01 8228 and select 5.
5 Try to come to an agreementEven if an application has been made to VCAT, you can still try to resolve the dispute yourself.
If all parties agree on a decision, you can ask for a consent order from VCAT to resolve the dispute. The member may not agree with your request for a consent order. If this happens they may ask you to come to a hearing.
6 Prepare your caseYou need to be ready to present facts and answer questions about the case. There are documents to organise and decisions to make.
If you’re attending VCAT by phone or videoconference make sure you’ve sent any documents you want the member to see to VCAT and to the other parties by email.
The order you receive from us tells you how we will handle your case. Find out how to prepare for a practice day hearing, preliminary hearing, compulsory conference or final hearing. We will also tell you in the initiating order if you should prepare your case as a major case, a short case or a case that will be determined ‘on the papers’.
7 On the dayIf we’ve told you that your case is being determined ‘on the papers’ or you are attending your hearing by phone or videoconference, you don’t need to come to VCAT.
If you are attending by phone or videoconference
If you are attending by phone or videoconference make sure you are ready at the time we give you. It’s too late to ask to attend by phone on the day of the hearing.
We send you information on how to join the call or videoconference before your hearing.
If you are coming to VCAT in person
If you are coming to VCAT, find out about what to expect on the day – including how to behave, and how the hearing works.
Arrive at least 30 minutes early to allow time to get through the security screening (similar to security at the airport) and find your hearing room.
When you arrive:
- Check your room at Upcoming hearings or speak to a staff member if you need help finding your hearing room.
- Go to the hearing room and be ready to present your case.
- Speak to a staff member if you have arranged security, disability support, an interpreter, or need help setting up your devices.
8 Get an outcomeYou may reach an agreement (settle) before the hearing. This agreement is put in writing and signed by all parties. VCAT makes a consent order.
If you come to a hearing, the VCAT member makes a decision and gives an order. An order tells parties how the case has been decided. All parties must follow VCAT's orders.
We send the order to you after the hearing. This takes approximately 6 weeks. We will always give you reasons for the order we make.
- 1 You receive a notice from VCAT2 Read and understand the documents
Carefully read and understand the documents sent to you including the initiating order and the copy of the application form.
These documents explain the application that has been made to cancel or amend a planning permit under section 87 or 89.
3 Learn more about the disputeYou may want to understand more about how Victoria manages planning applications. You can find out more at the Victorian Government’s Guide to Victoria’s Planning System
You can also find out more about the laws you are responding to by reading the section number of the Planning and Environment Act 1987 that your dispute falls under.
4 Respond to the applicationIf the initiating order requires you to respond with a statement of grounds:
- Complete a statement of grounds form and send it to VCAT and all other parties in the case. You need to do this by 4pm on the date we give you in the order.
- You do not have to pay a fee when you lodge a statement of grounds if you are the permit applicant.
Submit Statement of Grounds online
If you have any difficulties with applying online, contact us on 1300 01 8228 and select 5.
5 Try to come to an agreementEven if an application has been made to VCAT, you can still try to resolve the dispute yourself.
If all parties agree on a decision, you can ask for a consent order from VCAT to resolve the dispute. The member may not agree with your request for a consent order. If this happens they will ask you to come to a hearing.
6 Prepare your caseYou need to be ready to present facts and answer questions about the case. There are documents to organise and decisions to make.
If you’re attending VCAT by phone or videoconference make sure you’ve sent any documents you want the member to see to VCAT and to the other parties by email.
The order you receive from us tells you how we will handle your case. Find out how to prepare for a practice day hearing, preliminary hearing, compulsory conference or final hearing. We will also tell you in the initiating order if you should prepare your case as a Fast Track case, major case, a short case or a case that will be determined ‘on the papers’.
7 Pay your hearing feeWe contact you in writing to tell you if you need to pay hearing fees. You must pay before the hearing. If you don’t, your hearing will be postponed (adjourned).
8 On the dayIf we’ve told you that your case is being determined ‘on the papers’ or you are attending your hearing by phone or videoconference, you don’t need to come to VCAT.
If you are attending by phone or videoconference
If you are attending by phone or videoconference make sure you are ready at the time we give you. It’s too late to ask to attend by phone on the day of the hearing.
We send you information on how to join the call or videoconference before your hearing.
If you are coming to VCAT in person
If you are coming to VCAT, find out about what to expect on the day – including how to behave, and how the hearing works.
Arrive at least 30 minutes early to allow time to get through the security screening (similar to security at the airport) and find your hearing room.
When you arrive:
- Check your room at Upcoming hearings or speak to a staff member if you need help finding your hearing room.
- Go to the hearing room and be ready to present your case.
- Speak to a staff member if you have arranged security, disability support, an interpreter, or need help setting up your devices.
9 Get an outcomeYou may reach an agreement (settle) before the hearing. This agreement is put in writing and signed by all parties. VCAT makes a consent order.
If you come to a hearing, the VCAT member makes a decision and gives an order. An order tells parties how the case has been decided. All parties must follow VCAT's orders.
We send the order to you after the hearing. This takes approximately 6 weeks. We will always give you reasons for the order we make.
- 1 You receive a notice from VCAT2 Read and understand the documents
Carefully read and understand the documents sent to you including the initiating order and the copy of the application form.
These documents explain the application that has been made under Section 114 Enforcement.
3 Learn more about the disputeYou can find out more about the laws you are responding to by reading the section number of the Planning and Environment Act 1987 that your dispute falls under.
4 Respond to the applicationIf the initiating order requires you to respond with a statement of grounds
If you are named as a respondent and you are objecting to the enforcement order, complete this statement of grounds by a respondent form. You do not have to pay a fee.
If you are an affected person in an application for an enforcement order, complete this statement of grounds by an affected person form. You must pay a fee if you want to participate in the hearing. This is the same fee as you pay to get involved in a planning case as an objector.
Send your statement of grounds form to VCAT and all other parties in the case. You need to do this by 4pm on the date we give you in the order.
5 Try to come to an agreementEven if an application has been made to VCAT, you can still try to resolve the dispute yourself.
If all parties agree on a decision, you can ask for a consent order from VCAT to resolve the dispute. The member may not agree with your request for a consent order. If this happens they will ask you to come to a hearing.
6 Prepare your caseYou need to be ready to present facts and answer questions about the case. There are documents to organise and decisions to make.
If you’re attending VCAT by phone or videoconference make sure you’ve sent any documents you want the member to see to VCAT and to the other parties by email.
The order you receive from us tells you how we will handle your case. Find out how to prepare for a practice day hearing, preliminary hearing, compulsory conference or final hearing.
We will also tell you in the initiating order if you should prepare your case as a major case, a short case or a case that will be determined ‘on the papers’.
7 Pay your hearing feeWe contact you in writing to tell you if you need to pay hearing fees. You must pay before the hearing. If you don’t, your hearing will be postponed (adjourned).
8 On the dayIf we’ve told you that your case is being determined ‘on the papers’ or you are attending your hearing by phone or videoconference, you don’t need to come to VCAT.
If you are attending by phone or videoconference
If you are attending by phone or videoconference make sure you are ready at the time we give you. It’s too late to ask to attend by phone on the day of the hearing.
We send you information on how to join the call or videoconference before your hearing.
If you are coming to VCAT in person
If you are coming to VCAT, find out about what to expect on the day – including how to behave, and how the hearing works.
Arrive at least 30 minutes early to allow time to get through the security screening (similar to security at the airport) and find your hearing room.
When you arrive:
- Check your room at Upcoming hearings or speak to a staff member if you need help finding your hearing room.
- Go to the hearing room and be ready to present your case.
- Speak to a staff member if you have arranged security, disability support, an interpreter, or need help setting up your devices.
9 Get an outcomeYou may reach an agreement (settle) before the hearing. This agreement is put in writing and signed by all parties. VCAT makes a consent order.
If you come to a hearing, the VCAT member makes a decision and gives an order. An order tells parties how the case has been decided. All parties must follow VCAT's orders.
We send the order to you after the hearing. This takes approximately 6 weeks. We will always give you reasons for the order we make.
- 1 You receive a notice from VCAT2 Read and understand the documents
Carefully read and understand the documents sent to you including the initiating order and the copy of the application form.
These documents explain the type of application that has been made and the section under which it has been made.
3 Learn more about the disputeYou can find out more about the laws you are responding to by reading the section number of the relevant act that your dispute falls under.
Other planning disputes include a declaration, or other disputes under the Planning and Environment Act 1987, the Subdivision Act 1988, the Heritage Act 2017, the Local Government Act 1989, or the Gambling Act 2003.
You will find the section number on the notice that we sent you.
4 Respond to the applicationIf the initiating order requires you to respond with a statement of grounds:
- Complete a statement of grounds form and send it to VCAT and all other parties in the case. You need to do this by 4pm on the date we give you in the order.
Submit Statement of Grounds online
If you have any difficulties with applying online, contact us on 1300 01 8228 and select 5.
5 Try to come to an agreementEven if an application has been made to VCAT, you can still try to resolve the dispute yourself.
If all parties agree on a decision, you can ask for a consent order from VCAT to resolve the dispute. The member may not agree with your request for a consent order. If this happens they will ask you to come to a hearing.
6 Prepare your caseYou need to be ready to present facts and answer questions about the case. There are documents to organise and decisions to make.
If you’re attending VCAT by phone or videoconference make sure you’ve sent any documents you want the member to see to VCAT and to the other parties by email.
The order you receive from us tells you how we will handle your case. Find out how to prepare for a practice day hearing, preliminary hearing, compulsory conference or final hearing.
We will also tell you in the initiating order if you should prepare your case as a Fast Track case, major case, a short case or a case that will be determined ‘on the papers’.
7 Pay your hearing feeWe contact you in writing to tell you if you need to pay hearing fees. You must pay before the hearing. If you don’t, your hearing will be postponed (adjourned).
8 On the dayIf we’ve told you that your case is being determined ‘on the papers’ or you are attending your hearing by phone or videoconference, you don’t need to come to VCAT.
If you are attending by phone or videoconference
If you are attending by phone or videoconference make sure you are ready at the time we give you. It’s too late to ask to attend by phone on the day of the hearing.
We send you information on how to join the call or videoconference before your hearing.
If you are coming to VCAT in person
If you are coming to VCAT, find out about what to expect on the day – including how to behave, and how the hearing works.
Arrive at least 30 minutes early to allow time to get through the security screening (similar to security at the airport) and find your hearing room.
When you arrive:
- Check your room at Upcoming hearings or speak to a staff member if you need help finding your hearing room.
- Go to the hearing room and be ready to present your case.
- Speak to a staff member if you have arranged security, disability support, an interpreter, or need help setting up your devices.
9 Get an outcomeYou may reach an agreement (settle) before the hearing. This agreement is put in writing and signed by all parties. VCAT makes a consent order.
If you come to a hearing, the VCAT member makes a decision and gives an order. An order tells parties how the case has been decided. All parties must follow VCAT's orders.
We send the order to you after the hearing. This takes approximately 6 weeks. We will always give you reasons for the order we make.
Get advice
We can help you understand how to apply. We can’t give you legal advice or tell you what to write in your application. These organisations may be able to help you.
Help and support
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Why has VCAT contacted me?
If you get a letter from VCAT called a ‘notice’ (and you didn’t make the application), this means someone has applied to us making a claim against you or asking for a decision.
Our role is to help resolve the dispute by encouraging the parties to reach an agreement (settle)or by making a legal decision in a hearing.
It’s in your best interests to come to VCAT to have your say. If you don’t attend, we can still make a decision that affects you. For example, you have to do something or pay money to the other person or business. VCAT’s decision can be enforced by a court.
We’ll tell you if you have to come to a mediation, hearing or compulsory conference by email, mail or SMS. This includes the date, time, location, how to prepare and information about what will happen.
Read more about what happens at VCAT
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How do I send documents to other people in the case?
If you are applying to VCAT, you must share a copy of your application and all other supporting documents that are part of your case (like evidence or correspondence with us) with the person or business you are making your claim against (the ‘respondent’ or ‘respondents’).
We’ll tell you when to do this. If you disadvantage someone by not giving them a copy of the documents you plan to use in the case, VCAT may make an order or award costs against you.
Whether you made the application or are defending a claim, if you’re writing to VCAT about your case, you must always send a copy to the other person or business (‘party’).
You can send copies of your application and other correspondence to parties by:
- email – if you’ve emailed them before applying to VCAT, or if they’ve given us their email address
- by post
- in person
Make sure you include your VCAT reference number with the documents.
Read more about how to send documents
Proof you sent documents
We need to see proof that you’ve shared your documents for some types of cases:
Goods and services cases
For goods and services cases, fill in the Declaration of Service form
Make sure you:
- complete all parts of the form
- sign it before an authorised witness
- send it to us at least one week before your hearing.
Planning cases
For planning and environment cases, fill in the Statement of Service form attached to your order. You need to send this to us by the date we give you in the order we sent you.
If we don’t receive the form by the date we give you, your application can’t progress and may be ‘struck out’ or cancelled. If it’s struck out, you can apply for it to be reinstated.
See also: What’s my VCAT reference number?
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Can I bring my own technology to the hearing?
You can use your own electronic device at a hearing, for example a laptop, tablet, smartphone or USB.
Wi-Fi is available at our VCAT venues.- Bring your device to the hearing
Bring your own device to the hearing, including a charger or power cord.
If you want to use a USB, you need to bring your own laptop or tablet as private USB devices can’t be connected to VCAT equipment. You can't use a USB
- Bring an adaptor
If your device is an Apple product, for example, an iPhone, iPad or MacBook, you need to bring a HDMI or VGA adaptor if you need to connect to VCAT’s equipment (such as a screen).
- Test your device
If you want to connect to VCAT equipment in the room, test your device before the hearing to make sure it works.
VCAT also has projectors, DVD players, LCD screens and other equipment you can book to use at the hearing.
- Bring your device to the hearing
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What’s expert evidence?
When you present your case at VCAT you can include evidence from experts to support your side of the story.
An expert report is a written report from an expert that a party uses as evidence in a VCAT case.
The expert must provide an impartial opinion based on their area of expertise. They must make an oath that their report is written to the best of their knowledge and expertise.
Any party in a VCAT case can organise and submit an expert report as evidence. For example:
- a person involved in a dispute about house renovations may ask a building consultant to provide an expert report
- in a planning case, a party (including objectors) may ask for a report from an aborist or heritage architect
The expert is generally expected to come to the hearing to explain key elements of the report. It allows the member and the parties to ask questions about the report. We tell you if we don’t expect the expert to attend, or you can ask us whether they need to come to VCAT.
Find out how to prepare an expert report
See also: How do I send documents to other people in the case?