The permit application to create four subdivisions on a block of land in Horsham has been remitted by VCAT after the authority found the application failed to comply with regulations.
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The ruling was made on June 16, following a video conference hearing on June 11, attended by representatives from Horsham Rural City Council and Ferguson Perry Surveying.
Owners of the land on the corner of Rose Street and Natimuk Road were granted a permit to subdivide by Horsham Rural City Council planners on December 21, 2020.
Margaret Priestley brought the matter before VCAT after she objected to the council granting the permit on various grounds.
The Subdivision Act 1988 includes a restriction that each lot of a subdivision must consist of a minimum of 25 per cent as garden area.
VCAT Senior Member Geoffrey Code found the application did not meet the requirements, and therefore the council's decision was void as a matter of law.
"The most legally sound way forward is to set aside the council's decision and to remit the permit application to the Council for reconsideration and to make a fresh decision," he said.
"Margaret Priestley's application to the Tribunal now comes to an end. The council will need to issue a fresh notice of decision if it decides to grant a permit in respect of an amended permit application, unless all objections lodged before it issued the notice of decision or lodged before it makes a fresh decision are withdrawn."
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