_RED DOT: RFI Timeframes

You may be aware of the recent VCAT Red Dot decision 210 Fussell Street Pty Ltd v Ballarat CC (Red Dot) [2025] VCAT 199 (6 March 2025) which provides further guidance on determining the timeframes for requests for further information (RFI) to be issued by a responsible authority (RA).   

In summary the decision, in accordance with the relevant regulations of the Planning and Environment Regulations 2015, determined in respect of an RFI, that the day an application is received by the RA is not dependent on the day on which the relevant application fee is received by the RA.  The RA therefore has 28 days to issue an RFI from the date an application is received regardless of when the application fee is paid. 

We note that RAs have often argued they cannot or will not start assessing an application until an application fee has been paid which can cause delays in its assessment.  This may be true for the application process but not for the RFI process. 

This is a significant determination as it provides clear differentiation between the planning permit application assessment clock and the 28 days RFI clock. 

A copy of the decision is available in the following link (https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2025/199.html).