In this decision the Court of Appeal of the Victorian Supreme Court held that the former Minister for Planning had exercised her powers unlawfully in exempting a particular planning scheme amendment from third party notification and review rights under section 20(4) of the Planning and Environment Act 1987 (Vic).

In her minority decision, the Chief Justice also stated that in similar future applications the ramifications of the Human Rights Charter may need to be considered.

• The full decision is available on Austlii