What is a Compulsory Conference?
A formal mediation chaired by a VCAT member. The purpose of the conference is to bring parties together to collaborate and reach mutual agreement for a planning permit to be issued. The parties involved are the local council, the planning permit applicant and any objector parties that have lodged grounds of appeal with VCAT.
What is the format?
They are typically scheduled to last one day or a half day at VCAT or online via zoom. All parties will be in the same room at the beginning of the conference. All will be given the opportunity to make an opening statement and the chairperson will then facilitate open discussion between the parties so all parties outline the outcome they are seeking. The chairperson will then typically separate parties into different rooms and move between the rooms to provide advice aimed at brokering a settlement.
Are parties oblige to settle?
All parties are obliged to attend the conference but no one is oblige to settle or even actively partake in the conference.
What happens at the conclusion of the conference?
If agreement has been reached between all parties then the case will effectively conclude at the end of the conference and the tribunal will order that an approved planning permit will issue. The new permit will likely include updated conditions reflective of the terms agreed in the conference.
If agreement has not been reached then the case will proceed to a full hearing where each party will have the opportunity to present their case and the tribunals role changes from facilitator to decision maker.
A combination of these four actions will set up you up for a successful conference.
Prepare terms in advance.
A compulsory conference is a negotiation, like every negotiation both sides will have to make some compromises for it to be successful. Conferences are more likely to be successful if you proactively prepare the compromises you are willing to make in return for the outcome you are seeking. By proactively preparing you can retain more control on the direction of the conference.
Make the opening offer
As a general rule of thumb in negotiations, the party that makes the opening offer usually sets the expectations of the parties and steers the negotiations to an outcome more favorable to their interests. For example, if you know car parking supply is the central objection for the other parties then you might proactively offer to increase the car parks by 1 – 5 spaces at the beginning of the conference and before the other side has a chance to air their requests. Making the opening offer can be very conducive to eliciting a favorable approach from the other parties.
The decision to make the opening offer can vary depending on the circumstances of the conference. It may not be in your interests to make the opening offer if you are a permit applicant that has received council support so think carefully about whether you should make the opening offer.
Be prescriptive in your requests.
The number one reason compulsory conferences are unsuccessful is because parties do not know what they want. Be specific and make tangible requests. Make it clear if you are requesting the other side to settle the matter if you agree to a concession they request. Most compulsory conferences fail because sides do not know what they want and make general, nonspecific requests during the conference.
Practice Reciprocity
If the other party make a tangible offer, either accept or make a counteroffer. Do not flatly refuse an offer or request without making a counteroffer. For example, you might not be agreeable with objector’s request for a reduction in height but you could offer to increase a side or rear setback. This approach ensures the dialogue remains open and is conducive to an agreement being reached.