Development and VCAT NewsThe development that is planned for Snowball Ave/Station Street recently was heard at VCAT. THE LATEST VCAT NOTICE DATED 4 SEPTEMBER AND WHAT IT MEANS?
Some questions answered but many more questions remain.
At the VCAT Hearing on 24 August the Applicant forshadowed that he intends to make an application to substitute amended plans for the permit applicationIn other words The Original Development Application that was refused by the Yarra Ranges Council on May 8 has now been changed at VCAT and an Order was made to serve Copies on the specific list of people identified in the directions order 30 days before the hearing which means they should be available by October 1 Be aware that not EVERY objector will be personally sent a full copy of the plans. They should, however, receive a letter of notification about the amended plans. Council and MEEPPA will have copies that people can check. By appealing the refusal, the Developer has taken the decision out of this Community, away from our elected Council and we are at the ˜mercy of a Tribunal that will make a decision on a different Development to that originally proposed - and that we have not yet seen. Is that Fair? That will have to be answered by this Community in due course. How different and how substantial will the New Amended Development Application be? If the VCAT notice of 4 September is any indication it may in fact be quite substantial. The notice now includes by way of property description a number of allotments which, MEEPPA understands, were not included with the original application to Council. Just how that fits with the original Development is known only to the Developer until October 1 when these Plans are ˜Ordered to be released. Why can t that happen now? How many Amendments or changes, constitute a new Development? There appears to be no measurement or ˜yardstick as to what constitutes a new Development. If the Floor space is substantially increased or the Building is placed in another direction ( ˜orientation ) then it may be possible for MEEPPA and/or the Council to apply for a ˜Re Notification of the Development. This would not necessarily take it out of the hands of VCAT but would allow people affected by the change to the development who were not affected by the original development to be heard. On the other hand, if there are very significant changes to the development, it may be possible to argue before VCAT that it is in fact a new development and should go back to Council. Even with the foreshadowed amendments announced at VCAT on August 24th. can they be Amended even further? Yes! In fact the Developer may yet unveil further amendments after the foreshadowed plans. If this occurs, MEEPPA will be arguing for a full 30 business day period to examine any further amendments, based on the precedent from the recent directions hearing. MEEPPA have stated in their Position Statement on August 31 ¦ that any development that does not have the imprimatur (Authority) of our locally elected Council and the general support of the local community, as both undemocratic and unacceptable. If, through the appeal process, a development not in accordance with community wishes occurs, we call on the Mount Evelyn community to respond in the same way as the Maleny Community in Queensland. Is there any other Avenue of Appeal left open? Only Supreme Court Action possibly (?) based on the unsatisfactory process of Amendment C 14 “ when the Residential Blocks in Snowball and Station St. were re-zoned to Commercial and the then objectors were denied their appeal rights. Any appeal against a decision of VCAT on the current application can only be on a question of law, not on the merits of the matter. DISCLAIMER |
