Victorian Consolidated Legislation

Planning and Environment (Planning Schemes) Act 1996 - SECT 26

Appeals

26. Appeals



(1) If before the commencement of a new planning scheme prepared under this
Part-

   (a)  the responsible authority had decided an application for a permit
        under the Principal Act in respect of land to which the new planning
        scheme applies; and

   (b)  an appeal against the decision had not been lodged before that
        commencement and the time for lodging had not expired; and



   (c)  an appeal is made to the Administrative Appeals Tribunal against that
        decision after that commencement-

the new planning scheme as in force at the date of the determination by the
Tribunal applies to the hearing and determination of the appeal.

(2) If before the commencement of a new planning scheme prepared under this
Part-

   (a)  the responsible authority had decided an application for a permit
        under the Principal Act in respect of land to which the new planning
        scheme applies; and

   (b)  an appeal had been lodged but not determined before that commencement-

the new planning scheme as in force at the date of the determination by the
Tribunal applies to the hearing and determination of the appeal.

(3) If on an appeal referred to in this section, the Tribunal determines that
a permit should be granted, the new planning scheme as in force for the time
being applies to the grant of the permit and anything done under or in
relation to the permit.