Councils spend millions defending planning decisions at VCAT

LOCAL councils are spending millions defending their planning decisions in VCAT, but lose more than a third of the cases brought against them.

Councils are spending millions defending their planning decisions in VCAT.

LOCAL councils are spending millions defending their planning decisions in the Victorian Civil and Administrative Tribunal, but lose more than a third of the cases brought against them.

Development applications worth more than $20 billion were disputed over the last ­financial year and the number of VCAT cases has doubled for some local governments

But analysis by the Herald Sun has revealed that on average these councils lost 40 per cent of their battles with developers in the past year.

Urban Development Institute of Australia Victoria CEO Danni Addison said money was being wasted as councils ignored planning regulations.

“VCAT’s role is to apply the relevant law. As such, its decisions are not motivated by politics,” she said.

“Unfortunately the same cannot be said for local governments, which have been known to ignore relevant planning laws and play what the UDIA considers a very reckless game of populist politics when it comes to density and development.”

Urban Development Institute of Australia Victoria CEO Danni Addison

The tribunal dealt with applications for developments valued up to $20.34 billion in 2015-16, jumping from just $7.25 billion the year before.

Late last year Stonnington council spent $876,950 in one protracted legal battle over towers on Orrong Rd, Toorak, while in 2013 Yarra council blew its legal budget by almost 200 per cent when it spent $1.15 million on VCAT cases.

Ms Addison said improvements to the planning system were needed to clear up issues and provide affordable housing.

Glen Eira city council spent more time in VCAT with developers than any other local government, with appeals rising from 85 to 214 since 2013-14.

Glen Eira’s director of planning and place, Ron Torres, said popularity and high property values were behind the increase.

“Five years ago, Glen Eira would typically only receive 1200 planning permit applications ... Last financial year Glen Eira received just over 1600 planning permit applications.

“A significant increase in property values has resulted in developers having to push the limits and maximise development on a site in order to make a return.”

But Glen Eira Residents ­Association president Bette Hatfield said the guidelines in her area were too confusing for developers and locals.

“The end result is a developer interprets the Act one way, the council interprets it another way, and they take the matter to VCAT,” she said.

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