Planning schemes require decision-makers to balance competing policy objectives in favour of net community benefit and sustainable development.
This test is regularly used in decision-making, but the term itself is not defined. What is net community benefit? What criteria might you use to assess whether a proposal achieves it? What has the Tribunal said about net community benefit?
Here are the links to the VCAT cases mentioned in the presentation:
- Rozen v Macedon Ranges Shire Council & Anor [2010] VSC 583
- The University of Melbourne v Minister for Planning [2011] VCAT 469
- Myers Planning Group v Warrnambool CC [2019] VCAT 1153
- SMA Projects Pty Ltd v Stonnington CC [2018] VCAT 1428