Who it's for
A VCAT planning review is how a hospitality venue challenges a council decision it can't trade with. VCAT (the Victorian Civil and Administrative Tribunal) reviews refusals, conditions and failures to decide on time, and hears enforcement and declaration matters. In a review of conditions, it can keep, change or remove them. We are consultants, not a law firm: we prepare the case and present it, alongside counsel for complex matters.
- Council refused your planning permit
- Council granted a permit with conditions you can't trade with
- Council hasn't decided your application in time
- Objectors have applied to VCAT against your permit
- Council has applied for an enforcement order against your venue
Not you? If council has only sent a letter, see council enforcement notices. For a single condition, an amendment to your planning permit may be simpler.
What to do first
Don't miss the time limit. Review applications have strict time limits from council's decision: for example, 60 days from a refusal. Note the date today.
Don't assume VCAT is the only path. A section 72 amendment, where council assesses only the change you ask for, can be simpler.
Don't stop talking to council. Many reviews narrow when both sides keep talking.
Appealing a council decision for your venue
In a review of a refusal, VCAT decides whether a permit should be granted and on what conditions. We can't promise an outcome. We make sure the case is clear, the evidence is in order, and the conditions you put forward are ones your venue can run with.
VCAT and old liquor conditions
If your permit still carries liquor conditions from before 1 July 2025 and council won't agree they have lapsed, you can ask VCAT for a declaration or, for a permit issued only for the old liquor permission, ask VCAT to cancel it. See old liquor conditions on your permit.
VCAT and liquor licences
Many Liquor Control Victoria (LCV) decisions can be reviewed, first by the Victorian Liquor Commission (internal review, within 28 days) and then at VCAT. If an LCV decision has gone against you, talk to us about the options.
Check the time limit today. Review rights run from the date of council's decision and are easy to lose.
How it works
We check the time limit first, then build the case.
- Check the decision and date In a 15-minute call we confirm what was decided and how long you have.
- Choose the route VCAT review, a section 72 amendment, or more talks with council. We tell you which fits.
- Prepare the case Grounds, plans, evidence and specialist reports, such as acoustic, where needed. VCAT can require both sides to attend mediation or a compulsory conference before the hearing.
- Present the case At the hearing we present the case, alongside counsel for complex matters.
VCAT isn't always the simplest fix. For one condition, a section 72 amendment may do the job.
Speak with Jacob
Principal. Twelve years running venues and working inside local government.
The first conversation is free.
Book a 15-minute call(03) 7064 8477We reply within 24 hours.
Fees and timing
Our fee is fixed and quoted before we start. VCAT's fees and any specialist reports are separate.
- First call
- Free, 15 minutes
- Our fee
- Fixed fee, quoted before we start
- VCAT fees
- Set by VCAT and paid separately, when the application is lodged
- Counsel or reports
- Only where needed; quoted before anyone is engaged
- Timing
- Usually several months from application to hearing; VCAT's guide for a standard planning case is about 25 weeks
What we need from you
Send the decision first. The time limit runs from its date.
- Council's decision or notice, with the date
- The permit and the conditions in dispute
- Your application, plans and reports
- Correspondence with council and objectors
- What the venue needs to do: hours, capacity, music, layout
Questions
Can I challenge a council decision at VCAT?
Yes, in most cases. You can apply for a review if council refuses your permit, grants it with conditions you don't accept, or fails to decide in time. Strict time limits run from the decision date, so act quickly. VCAT looks at the matter afresh, so the case you put forward needs to be complete and clear, with plans and evidence in order.
How long does a VCAT review take?
Usually several months from lodging the application to a hearing, depending on the type of matter and VCAT's list. VCAT's own guide for a standard planning case is about 25 weeks to a hearing. Simpler matters can move faster, and some settle before a hearing when both sides keep talking. We give you a realistic range at the start and update you as VCAT sets dates. We can't promise a decision date, but you will always know the next step.
Do I need a lawyer for VCAT?
Not always. Many planning reviews for venues are about what a permit should allow, which is work we do every week. We prepare the case and present it. We are consultants, not a law firm, and don't give legal advice. For complex matters we work alongside counsel where needed, and tell you before that happens, so there are no surprises in the cost.
Can VCAT change my permit conditions?
Yes. In a review of conditions, VCAT can keep, change or remove the conditions in dispute. Because it looks at the matter again, put forward the conditions you can live with rather than only arguing against the ones council chose. If the dispute is whether an old liquor condition still has effect at all, a declaration may be the better route.