s. 185AA (iv) if the planning scheme for the area does not contain any relevant policies or specific objectives, the works and projects proposed for the construction of a road or for the drainage of any land are unnecessary, unreasonable, excessive, insufficient, unsuitable or costly, having regard to the locality or environment and to the probable use of the road or drainage of the land. (3) On a review, VCAT may, by order— S. 185(3) substituted by No. 52/1998 (a) vary the special rate or special charge s. 311(Sch. 1 declared by the Council in relation to its item 55.7), amended by application to the applicant; or No. 67/2008 s. 62(3). (b) set aside the special rate or special charge if satisfied that the ground in subsection (2)(b)(ii), (iii) or (iv) is established; or (c) dismiss the application and confirm the special rate or special charge. (4) If VCAT sets aside a special rate or special charge S. 185(4) substituted by made in a particular year, the Council may declare No. 52/1998 and levy a new special rate or special charge for s. 311(Sch. 1 item 55.7), that year even if the year has ended. amended by No. 67/2008 s. 62(4). 185AA Application for declaration S. 185AA inserted by No. 52/1998 (1) A person may apply to VCAT for a declaration s. 311(Sch. 1 concerning the validity of a decision referred to in item 55.8), amended by section 185(1). No. 67/2008 s. 63(1). (2) On an application under subsection (1) VCAT S. 185AA(2) amended by may make any declaration it thinks appropriate in No. 67/2008 the circumstances. s. 63(2).
(iv) if the planning scheme for the area does not contain any relevant policies or specific objectives, the works and projects proposed for the construction of a road or for the drainage of any land are unnecessary, unreasonable, excessive, insufficient, unsuitable or costly, having regard to the locality or environment and to the probable use of the road or drainage of the land. S. 185(3) substituted by No. 52/1998 s. 311(Sch. 1 item 55.7), amended by No. 67/2008 s. 62(3). (3) On a review, VCAT may, by order— (a) vary the special rate or special charge declared by the Council in relation to its application to the applicant; or (b) set aside the special rate or special charge if satisfied that the ground in subsection (2)(b)(ii), (iii) or (iv) is established; or (c) dismiss the application and confirm the special rate or special charge. S. 185(4) substituted by No. 52/1998 s. 311(Sch. 1 item 55.7), amended by No. 67/2008 s. 62(4). (4) If VCAT sets aside a special rate or special charge made in a particular year, the Council may declare and levy a new special rate or special charge for that year even if the year has ended. S. 185AA inserted by No. 52/1998 s. 311(Sch. 1 item 55.8), amended by No. 67/2008 s. 63(1). 185AA Application for declaration s. 185AA (1) A person may apply to VCAT for a declaration concerning the validity of a decision referred to in section 185(1). S. 185AA(2) amended by No. 67/2008 s. 63(2). (2) On an application under subsection (1) VCAT may make any declaration it thinks appropriate in the circumstances.
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