A Supreme Court directions hearing for the case opposing the chosen route for the Western Highway duplication has been adjourned until May 5.
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VicRoads requested more time for a new planning permit to be issued before the case against the next stage of the duplication project proceeds.
Work on the 12-kilometre section from Buangor to Ararat was suspended in February when it was revealed the planning permit had expired.
Buangor landowners who opposed the chosen route for the duplication have challenged the incorporated document behind the permit, which includes the project’s environmental effects statement.
VicRoads’ Western Highway project delivery manager Steve Pattinson said the court case could not proceed until a new incorporated document was approved by the state government.
“The incorporated document is not valid so there is no case until planning permits are re-issued,” he said.
“We are working hard to get the document together. Normally it is an administrative issue, but because the validity of it is challenged, we are making sure of the planning regulations that still apply.”
Mr Pattinson said VicRoads had done a lot of work to investigate a new planning permit for the Western Highway since it was revealed the permit had expired.
“We think in three to four weeks things will have progressed and we will be able to give everyone an update,” he said.
The original incorporated document was approved by former state Planning Minister Matthew Guy who is now leader of the opposition.
Representative for the plantiffs Michael Kennedy said a new panel of experts should be formed to consider the request for new permits.
"Section 20.4 of Planning Act says the minister does not have to notify anybody on the grounds there has already been a panel,” he said.
“Now we are saying that panel has not been informed.
“We will be opposing an application for exemption and seek the Planning Minister’s approval to convene a fresh panel.”
VicRoads had started fencing works and tree removals to move power lines when it work was stopped in February.
Investigations are also taking place into claims a heritage Aboriginal birthing tree was in the path of planned highway.
The tree could be protected under the Aboriginal Heritage Act 2006.
Aboriginal Victoria has been investigating the claim after three women submitted an application to have it protected.
The tree is on a rural property in the Mount Langi Ghiran foothills near Buangor, on land that has recently been acquired by VicRoads.
