How to Request Orders by Consent at VCAT: A Comprehensive Guide

Authors: VCAT and Senior Member Sam CiminoHow to effectively draft consent orders in a VCAT planning and environment case

Ensure your VCAT consent order requests are compliant and efficient with our comprehensive guide for planning and development professionals.

Submitting a request for orders by consent at VCAT can streamline the planning and development process, offering a more efficient path compared to conventional hearings. However, success depends on clarity, precision, and adherence to procedural requirements. This guide explores the intricacies of crafting effective consent order requests, providing practical tips and addressing common pitfalls to improve your chances of success.

The Importance of Clarity and Precision

Recent Case Example: Senior Member Sam Cimino shared an experience where parties reached an agreement after intense sessions, but the request for orders by consent was problematic. Multiple revisions and additional compulsory conferences were needed to finalize the request.

Key Tips for Effective Requests

1. Understand the Jurisdiction

• Review Jurisdiction: Focus on decisions made by authorities like councils.
• Original Jurisdiction: Direct applications to the tribunal, such as enforcement orders or permit amendments.

2. Ensure Clear and Specific Conditions

• Lawfulness: Conditions must serve a planning purpose and fall within the tribunal's discretion.
• Consistency: Use precise and consistent language to avoid confusion (e.g., "responsible authority" vs. "Council's Parks and Recreation Department").

3. Provide Comprehensive Documentation

• Include Relevant Plans: Attach all referenced documents, especially plans critical to the agreement.
• Detailed Descriptions: Clearly describe the permissions sought and any conditions agreed upon.

VCAT is not a rubber stamp. Sometimes the impression is, here are the consent orders we just expect you to give them effect, and that is not the duty of the Tribunal. The Tribunal needs to be satisfied that the orders that are being sought are satisfactory, albeit at a cursory level. 

-Senior Member Sam Cimino

Common Issues and Solutions

Ambiguous or Incomplete Conditions

• Example: Conditions drafted by non-planning professionals can lead to misunderstandings.
• Solution: Collaborate with planning experts to refine conditions and ensure they are clear and lawful.

Missing or Incorrect Information

• Signatures: Ensure all relevant parties sign the request.
• Accurate Party Names: Match names with those on the tribunal's file.

Procedural Errors

• Sequential Logic: Present orders in a logical sequence, from preliminary procedural orders to main conditions and subsequent procedural details.

Practical Advice

• Review Early: Examine conditions at an early stage to identify and resolve issues promptly.
• Avoid Notes in Conditions: Notes can create confusion and are best excluded from formal conditions.

Conclusion

By following these guidelines, you can streamline the process of submitting requests for orders by consent, reducing delays and ensuring a more efficient and satisfactory outcome for all parties involved. For more information on consent orders, see our guide to consent orders and samples of consent orders.