Maurice Forbes and Ors (according to the attached schedule) v Michael Vukadinovic and Ors (according to the attached schedule)

In the matter of Maurice Forbes and others versus Michael Vukadinovic and others, the parties were engaged in a dispute over planning permits to construct three broiler farms. The case was heard in the Court of Appeal, Victoria, with the applicants seeking leave to appeal on questions of law from a decision of the Trial Division. This appeal stemmed from an earlier decision by the Victorian Civil and Administrative Tribunal (VCAT) and involved the classification of the broiler farms as 'Class B' under the Victorian Code for Broiler Farms 2009. The applicants argued that sensitive uses constructed on neighbouring land following the lodgement of their permit applications should not be taken into account in determining the classification of their broiler farms. They further contended that the Code required a departure from the usual practice that permit applications be determined based on the facts in existence at the time of the permit decision.

The primary legal issues before the court were whether new sensitive uses on neighbouring land should be considered in determining the classification of the broiler farms and whether the Code necessitated a departure from the standard practice of assessing permit applications based on the facts present at the time of the permit decision. The court had to interpret the provisions of the Planning and Environment Act 1987 and the Victorian Civil and Administrative Tribunal Act 1998, as well as the Victorian Code for Broiler Farms 2009, to determine the correct approach to classifying the broiler farms. The applicants argued that the construction of sensitive uses on neighbouring land after the permit applications were lodged should not affect the classification of their broiler farms, while the respondents contended that the new sensitive uses should be taken into account.

The Court of Appeal, Victoria, granted the applicants leave to appeal in part and allowed the appeal. The court found that the construction of sensitive uses on neighbouring land after the permit applications were lodged should not affect the classification of the broiler farms. The court held that the Code required a departure from the usual practice that permit applications be determined on the basis of the facts in existence at the time of the permit decision. The court also found that the Code should be properly construed to ensure that the classification of broiler farms was based on the facts present at the time of the permit application, rather than subsequent developments on neighbouring land. The Court of Appeal, Victoria, allowed the appeal and set aside the decision of the Trial Division, reinstating the original decision of VCAT that classified the broiler farms as 'Class B'.