VIC Interpretation of VCAT order please

[SamanthaJay]

I would be interested in other's interpretations of the following specific VCAT order as to the words "undertake" and "cause to be undertaken". Would it mean that the works have started and completed fully or works started but not necessarily completed fully?


"Within 14 days of the date of the endorsement of the landscape plan by
Council pursuant to Planning Permit No. XXXXXX, Mr Joe Blow must
undertake or cause to be undertaken the works that are required by Planning
Permit No. XXXXXX".

Council were notified when works were started (within 14 days of endorsement) but now they've decided they want a blow by blow description of what has been completed and when it will be completed. They are using the above as justification for wanting notification.

 

[Rob Legat - SBPL]

I'd say it wouldn't so much be reliance on the order, but rather what is in the planning permit. Every council is different, but I would bet the terms of the permit allow council to make the inquiries they're asking.

 

[SamanthaJay]

Good point Rob. Thanks.

I've now read the original permit and it's conditions and it doesn't allow for Council's current enquiries. It's a little bit of an unusual situation as the matter before VCAT did not include this permit but they wrangled it's inclusion into a VCAT order and we agreed for the sake of putting the matters to bed asap. The original permit allows an extra 3 and a bit months for the works to be carried out, completed and thereafter maintained to their satisfaction - compared to the VCAT order.

Turn of events saw the property unexpectedly sell just before the VCAT hearing. It threw Council into panic mode and they dragged this separate matter into it for fear that it wouldn't be completed before settlement.

Council also mentioned needing this info due to the VCAT admin mention that is timed for after settlement. I believe that is what the admin mention is for though? That's when they'll find out if the works are completed and settlement has taken place.

*To update, our barrrister has just notified us that Council has also written to them demanding ongoing updates and a completion date. Barrister is of the opinion that we don't need to provide this.