Installation of Smart Meters not “works”

In the recent case of Davies v Moreland CC & Anor [2012] VCAT 532 the Tribunal considered an application for an enforcement order to prevent the installation of a Smart Meter on a home within a Heritage Overlay.

The Tribunal dismissed the application on two grounds. The installation of a smart meter was routine maintenance which did not require a planning permit. Further the installation of the Smart Metre did not trigger a permit because it would not change the appearance of a heritage place.

The case provides a good analysis of the concept of “works” under the Planninng and Environment Act 1987.

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