This decision of the Victorian Civil and Administrative Tribunal (“VCAT”) involved an application for the variation of contitions of a planning permit which imposed ecologically sustainable development (ESD) principles on a development.

The proponent applied for review of the conditions imposing specific ESD features after the VCAT decision in Hasan v Moreland CC [2005] VCAT 1931, citing a material change in the circumstances since their permit was granted. In Hasan v Moreland VCAT removed similar conditions from a planning permit.

Deputy President Gibson considered that an ESD management plan may be appropriate in some circumstances rather than specific ESD design requirements, where plans are applied selectively and where applied are proportional and relevant to the scale and nature of the development.

• The full decision is available on Austlii