How to appeal a planning decision at VCAT
A council decision gone the wrong way? In Victoria a planning permit decision can go to VCAT for a fresh merits review. Whether you're an applicant appealing a refusal or an objector challenging a permit that was granted, this guide explains your rights, the deadlines, and what a strong VCAT submission needs — at a fraction of a consultant's fee.
⏰ Appeal deadlines are strict
Objector (s.82) reviews are generally due within 21 days of the notice of decision; applicant (s.79) reviews of a determination generally within 60 days. Deadlines are strict and not easily extended — confirm the exact date for your matter immediately.
Appeal rights in Victoria
After a council decides a planning permit application (or fails to decide it within the prescribed time), the matter can go to VCAT for a fresh merits review under the Planning and Environment Act 1987. VCAT effectively stands in the council's shoes and re-decides the application on its planning merits.
If you're the applicant
An applicant can apply to VCAT for review of a refusal, of conditions imposed on a permit, or of the council's failure to decide within the prescribed time (section 79).
If you objected
An objector who lodged an objection can apply to VCAT for review of a decision to grant a permit (section 82) — generally within 21 days of the notice of decision.
How to appeal — step by step
- 1Identify your review right
Refused, or conditions you can't accept? That's an applicant review (s.79). A permit granted over your objection? That's an objector review (s.82). Failure to decide in time is also reviewable.
- 2Note the deadline immediately
An objector's s.82 application is generally due within 21 days of the notice of decision; an applicant's review of a determination is generally due within 60 days. Deadlines are strict — confirm yours and diarise it now.
- 3Lodge the application for review with VCAT
File the application (online) with the prescribed fee, identifying the decision, the parties and the grounds.
- 4Prepare your planning case
Set out the grounds against the planning scheme, test the proposal against the controls, and cite comparable VCAT decisions. This written case is what wins or loses the review.
- 5Exchange material and attend the hearing
There may be a compulsory conference or mediation first, then a hearing where each party presents. Be organised and stay on the planning merits.
What a strong VCAT submission needs
- A clear statement of the planning grounds — not a list of complaints, but the scheme provisions the decision turns on
- The proposal tested against the actual controls (zone, overlays, and the residential / amenity standards)
- Comparable tribunal decisions in point — how the tribunal has treated similar proposals before
- A focused, well-organised written submission the tribunal member can follow
Get your VCAT submission drafted
A drafted submission setting out your planning case for the Victorian Civil and Administrative Tribunal (VCAT) — instantly, at a fixed, published price. No “request a quote”.
Generated instantly · planner-certification available · all states.
Appealing in Victoria — FAQ
What's the difference between section 79 and section 82?
Section 79 is an applicant's review — of a refusal, of conditions, or of the council failing to decide in time. Section 82 is an objector's review of a decision to grant a permit. Which one applies decides your deadline and your role at the hearing.
How long do I have to lodge a VCAT objector review?
Generally 21 days from the notice of decision for a section 82 objector review. The period is strict — if you think you'll want to challenge a grant, get ready before the decision lands.
Do I need a planner or lawyer at VCAT?
You can represent yourself, but VCAT decides on planning merits, so a submission framed in planning terms — the scheme, the standards, comparable decisions — carries far more weight. Our VCAT submission ($399) prepares exactly that, with an optional registered-planner certification.
What does a VCAT submission cost?
Our tribunal submission is $399 (generated instantly), framing your planning case for VCAT. That's a fraction of a consultant's hourly rate, and the price is fixed and published — no 'request a quote'.
Appealing in other states
This guide is general information, not legal advice — appeal rights and deadlines are technical and vary by matter. Confirm the exact appeal period and requirements for your specific decision immediately.