The Minister for Planning has the power to call in:
- Applications for review, commonly referred to as appeals, that are being reviewed by the Victorian Civil and Administrative Tribunal (VCAT) and
- Permit applications from a responsible authority (usually the local council).
VCAT appeal call-ins
The Minister has the power, under Section 58 of Schedule 1 of the Victorian Civil and Administrative Tribunal Act, to call-in appeals being reviewed by the Planning Division of the Victorian Civil and Administrative Tribunal, where the Minister considers that:
- the proceeding raises a major issue of policy; and
- the determination of the proceeding may have a substantial effect on the achievement or development of planning objectives.
The Minister has the option of appointing an advisory committee to review these appeal call-ins. Whilst they are appointed as advisory committees under Section 151 of the Planning and Environment Act 1987, these matters are generally referred to as an Appeal Call-in.
The Minister has the power, under Section 97 of the Planning and Environment Act 1987, to call-in a planning permit application being considered by a responsible authority, that the Minister considers:
- raises a major issue of policy and that the determination of the application may have a substantial effect on the achievement or development of planning objectives
- the decision on the application has been unreasonably delayed to the disadvantage of the applicant
- the use or development to which the application relates is also required to be considered by the Minister under another Act or regulation and that consideration would be facilitated by the referral of the application to the Minister.
The Minister for Planning can appoint a panel (under Section 97E of the Planning and Environment Act 1987) to consider the objections and submissions received in respect of the application.
Planning Panels Victoria is responsible for managing the panels and committees convened to review and make recommendations about any planning permits called in by the Minister.
Page last updated: 31/10/22