Moreland City Council granted a planning permit to allow the construction of two houses. The permit contained conditions which required solar hot water systems, rainwater tanks to be installed, and a 5-star energy rating.

VCAT considered whether a Planning Permit was the appropriate mechanism to force these energy saving requirements to be carried out. Although there was no inconsistency between this and the building regulations under the Building Act 1993 (Vic), VCAT said that energy efficiency requirements are already covered by building regulations.

VCAT noted that responsible authorities should cease imposing similar energy efficient building design conditions on planning permits, however, also foreshadowed that the content of regulations could be revisited upon the issue of a Victorian Competition and Efficiency Commission report.

• The whole decision can be viewed on Austlii

• The Victorian Competition and Consumer Commission