Hi there. It is difficult to comment exactly on your rights and options without knowing the terms of the permit or the name of the council that issued the “pre-approval” notice.

Generally speaking, if you have not yet been granted the actual permit by the council, it is very unlikely that you can lawfully operate your business. If you begin operating your business before the final permit is issued, it would mean that you are operating a business without a permit, which may attract penalties. Even without the VCAT proceedings, it is unlikely you could have begun operating your business until final approval was given by the council. However, you should check the terms of the “pre-approval” notice and contact your local council to clarify exactly what you can and cannot do whilst the VCAT proceedings are on foot.

In any event, VCAT proceedings are designed to be relatively efficient and objectors to permits must comply with strict deadlines. If you want more information about the estimated schedule of the VCAT hearing, you can contact the VCAT registry directly.

If you decide to operate your business before final approval is given by the council, you may not only attract penalties from the council, but the objecting neighbours may also obtain an injunction from VCAT or a court. An injunction is a legal document issued by a tribunal or court that requires someone to stop doing something. It is very important that you comply with an injunction if you receive one.

Suggested way forward

You should contact your local council to clarify your rights whilst the VCAT proceedings are in progress. For more tailored advice on your situation, you should speak to a lawyer about the best way forward. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.