Wednesday, 31 August 2022


Questions without notice and ministers statements

Victorian Civil and Administrative Tribunal


Mr HAYES, Ms SHING

Victorian Civil and Administrative Tribunal

Mr HAYES (Southern Metropolitan) (12:17): My question is to the minister representing the Minister for Planning. This week we saw VCAT being slammed by Stonnington City Council and 24 local residents as an unrepresentative tribunal that is not listening to the people after it allowed a 250-student campus to go ahead in Glen Iris. The City of Stonnington deputy mayor said she was:

… disappointed that VCAT has not listened to the concerns of local residents and Councillors about the impact of increased traffic and parking from this proposal.

She said:

This is another example of an unrepresentative tribunal not listening to the people who know their area best—the local community.

A local resident said the development was ‘excessive in size, volume and scale’ and that:

No decision coming out of VCAT is a surprise as they always decide in favour of developments and developers.

My question to the minister is: why is the community so often let down by VCAT, which fails to promote and uphold good planning policy in favour of developers?

Ms SHING (Eastern Victoria—Minister for Water, Minister for Regional Development, Minister for Equality) (12:18): Thank you, Mr Hayes, for your question. Again there are a couple of things in that that I might want to pick up. Firstly, I am not sure whether you are asking for an opinion; in fact this appears to be more perhaps a members statement. Secondly, there is a reflection on a quasi-judicial tribunal there, and I am happy to seek some guidance from you, President, as to whether that is appropriate in this place. That notwithstanding, I am very happy, in accordance with the standing orders, to take that question on notice and seek a response for you—in accordance with the standing orders to the extent that the question stands in the context of the reflection on that tribunal.

The PRESIDENT: The question is in order, so two days for the response.

Mr HAYES (Southern Metropolitan) (12:19): Perhaps my supplementary will clarify it somewhat. My supplementary question is: should the Planning and Environment Act 1987 be amended to change what factors VCAT gives weight to, and how, when undertaking a review so that decisions inconsistent with local planning policies do not occur?

The PRESIDENT: That could be an opinion.

Ms Shing: I suspect we might be going in the same direction here, President, in relation to the standing orders and the asking for an opinion. Perhaps Mr Hayes might be invited to rephrase the question. Alternatively, to the extent that you might find it in order, I can seek a response.

The PRESIDENT: Mr Hayes, can you please rephrase your supplementary?

Mr HAYES: Well, I will say it this way: would the government be inclined to change what factors VCAT gives weight to, and how, when undertaking a review so that decisions inconsistent with local planning policies do not occur?

Ms SHING (Eastern Victoria—Minister for Water, Minister for Regional Development, Minister for Equality) (12:20): Thanks, Mr Hayes. I am very happy, in accordance with the standing orders, to seek a response to that supplementary question and to have it provided to you.