Petstock have engaged the CS team to run planning applications for a number of their stores in Victoria. This particular site was an existing store that underwent an upgrade in 2013. The upgrade included substantially more signage than was previously on the site and this included installation of an electronic bill board at the front of the site which overhung the footpath. Boroondara Council were supportive of the application however Vicroads objected to the application based on the billboard sign. When a state authority such as Vicroads objects to an application it is a mandatory requirement that Council refuse the application. This is the case even if Council are supportive of the application. As Vicroads objected the Council duly refused the application and the CS team appealed the decision to VCAT in October 2012. The appeal was heard by one VCAT member on the 19th March 2013. Vicroads representative contended that the electronic billboard would distract drivers travelling along Burwood Highway. The applicants case was largely based around the fact that business signage and promotion signage of this nature was common place along this busy retail strip and that the sign presents no more of a distraction hazard in the street than the signs displayed by other business’. VCAT agreed with the applicants case presented by CS and order that the permit be issued in May 2013.
If you feel your local council have misinterpreted or incorrectly applied the planning scheme, you may appeal their decision to the Planning and Environmental Department at VCAT.
Your case will be heard by independent VCAT member(s) who have a legal or professional town planning background. VCAT have the authority to uphold, set aside or vary the decision of Council. The decision of VCAT is solely based on the requirements of the planning scheme, so a successful case must be based on demonstrating how the decision of the Council is inconsistent with the policies and guidelines within the planning scheme. Your case must be based around this requirement - our experts can add value to this process thanks to their extensive previous experience in successfully presenting these cases to VCAT members.
As well as having an expert present at your case, our team will also complete all necessary formalities and paperwork involved in the lodgement of your appeal.
If you feel the Council have incorrectly applied or not given enough weight to the planning scheme requirements in a decision you have received, please call us to discuss your situation with an expert.
For an overview of the formal process of lodging a VCAT appeal, please click learn more below, or enquire now with our team of specialists now to discuss your needs.