National Trust of Victoria v VCAT

The National Trust of Victoria sought a review of a decision made by the Victorian Civil and Administrative Tribunal (VCAT) regarding the exemption from permit requirements under a heritage overlay. The dispute centred on the development of a property listed in the Victorian Heritage Register, which is subject to both site-specific and precinct designations within the Central City Zone. The Trust argued that the dual designation should not nullify the statutory exemption for heritage places from permit requirements. VCAT had ruled in favour of the developer, allowing the development to proceed without a permit.

The primary legal issue before the court was whether the exemption from permit requirements, as outlined in the Heritage Act 1995, applied to a heritage place that was also subject to site-specific and precinct designations. This required an interpretation of the statutory language and the overarching purpose of the Heritage Act, as well as an understanding of the interaction between the Heritage Act and the Planning and Environment Act 1987. The court had to determine if the dual designation of the property altered the plain meaning of the statutory exemption.

The court found that the plain language of the exemption provision in the Heritage Act clearly applied to heritage places, irrespective of additional designations under other planning provisions. The court emphasised that the purpose of the exemption was to protect heritage places and that this purpose was not negated by the dual designation. The court also noted that the legislative scheme supported the plain meaning of the exemption, as the Heritage Act aimed to preserve and protect heritage places from unnecessary development pressures. Consequently, the court overturned VCAT’s decision, ruling that the development required a permit, and that the exemption applied notwithstanding the site-specific and precinct designations.

The court ordered that the development project must obtain the necessary permits in accordance with the relevant planning provisions, reaffirming the importance of heritage protection as intended by the statutory framework.