D'Agostino was a Supreme Court appeal by the D'Agostinos
against the decision of the Victorian Civil and Administrative
Tribunal (VCAT) in D'Agostino v Greater
Shepparton CC [2014] VCAT 573.
In the VCAT case, VCAT affirmed the responsible authority's decision not to extend the time within which development under the D'Agostinos' planning permit must be completed. The D'Agostinos were successful on appeal, with the Supreme Court holding that VCAT fell into error in its reasoning with respect to warehousing permits and change of planning policy.
On the question of warehousing, VCAT had found that there had been limited progression of the development and so there had been warehousing. The D'Agostinos successfully argued that VCAT had failed to take into account the fact that they had undertaken work offsite, which they argued demonstrated they were progressing with their development and not warehousing the permit. With respect to change in planning policy, the D'Agostinos argued that notwithstanding VCAT's finding that there had been changes in planning policy that might be a factor warranting a new planning permit application, VCAT had failed to identify the relevant changes in planning policy.
The decision highlights how fraught decision-making can be when decision-makers are called upon to consider what is relevant and what is not relevant in the exercise of a discretion.
D'Agostino v Greater Shepparton CC [2014] VCAT 573
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