Tribunal considers its jurisdiction to review 173 Agreement

In the recent case of Calderara v Banyule CC [2015] VCAT 274, the Tribunal considered whether it had jurisdiction to hear an application concerning a section 173 Agreement brought under section 149 of the Planning and Environment Act.

The case provides an interesting discussion of the principles surrounding the Tribunal’s power to review cases involving a Responsible Authority with holding its secondary consent under a permit or a section 173 Agreement. The Tribunal held effectively that for the purposes of its jurisdiction Council failing to “consent” or failing to reach “agreement” both give the Tribunal jurisdiction.

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