The question of whether a proposal is generally in accordance with a relevant planning instrument, such as for instance a precinct structure plan, has been the subject of litigation before the Victorian Civil and Administrative Tribunal, and Supreme Court, on many past occasions. The general consensus seems to be that as to whether something is generally in accordance, that this is a ‘threshold issue’. What does this mean? How does the assessment of the merits factor into these considerations? What principles apply to determining whether something is generally in accordance. In this short presentation the presenter will attempt to provide guidance as to the appropriate resolution of these questions. The guidance will be practical and will draw from relevant and recent Tribunal and Supreme Court decisions. 

 Speaker

Dr Joseph Monaghan, Partner, Maddocks Joseph is a planning and environment partner in the Maddocks Public Law team. He is an accredited specialist in planning and environment law and also administrative law with the Law Institute of Victoria, and holds a doctoral degree specialising in water law. As a solicitor advocate, Joseph has extensive experience acting for private clients, state government departments, local councils, and water authorities across complex areas of environmental, administrative, and planning law.

Facilitator

Kat Smith MPIA, Senior Policy Officer, Planning Institute of Australia Kat is an urban planner with over over fifteen years of experience across local and state government as well as the private sector in Victoria. Kat is now Senior Policy Officer with PIA, working across the Victorian and national offices. Kat has a strong background in strategic planning and policy development, working across many areas of planning policy development and implementation, particularly in roles at the Victorian Planning Authority and Whittlesea City Council. Kat is particularly interested in building sound, evidence-based policy and advocacy to inform decision-making to drive outcomes that best serve the public interest.

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