Beven and Act Planning & Land Authority

Beven was the applicant for a development application under the Planning and Environment Act 1987 (Vic) to build a 500 square metre house on a vacant block of land. The respondent, Act Planning and Land Authority, refused the application. The applicant sought review of that decision by the Victorian Civil and Administrative Tribunal (VCAT). The Authority argued that VCAT did not have jurisdiction to review the decision as it related to an exempt development. The Authority submitted that the development application fell within item 20 of Schedule 1 of the Land (Planning and Environment) Regulations 2014 (Vic). The applicant argued that the development did not fall within the exemption.

The court needed to determine whether the development application was exempt from review by VCAT under item 20 of Schedule 1 of the Regulations. The court considered whether the development application fell within the terms of item 20, which relates to the construction of a single-dwelling house on a parcel of land of a minimum size where the dwelling is not on land that is a heritage overlay area. The court found that the land did not fall within a heritage overlay area and the dwelling was to be constructed on a parcel of land that met the minimum size requirements. The court held that the development application was exempt from review by VCAT under item 20 of Schedule 1 of the Regulations.

The court dismissed the application for review of the decision of the Authority to refuse the development application. The court found that the development application was exempt from review by VCAT under item 20 of Schedule 1 of the Regulations. The court held that the Authority did not err in refusing the development application. The court dismissed the application with costs.