Developer appeals to VCAT.

Following Council’s refusal of the developer’s proposal, the developer has submitted an appeal to VCAT (Victorian Civil and Administrative Tribunal).

Please read this summary of recent correspondence and make sure you read the IMPORTANT section at bottom of this post.

Everyone who objected to the development will have by now received a letter and attachments posted to them from the developers solicitor Best Hooper. Here is an extract from the letter…

Dear Sir/Madam,

Re:    Permit Applicant: Peter Cahill
VCAT Reference No. P3214/2010
Subject Land: 6 Paine Street, Newport
Planning Permit Application No. PA1020902

We act for the permit application in the above matter.

As directed by the Tribunal, we enclose by way of service the following:

(a)    copy Application for Review against a failure to grant a planning permit within the prescribed time;
(b)    Information form (A); and
(c)    Statement of Grounds form (B).

Please be advised this matter has been listed in the Major Cases List and the following dates have been allocated:-

Practice Day Hearing	17 December 2010	10:00am
Mediation:	11 January 2011	10:00am
Hearing:	7 February 2011

Yours faithfully
BEST HOOPER

John Cicero
Principal

Enclosed with the above letter is a copy of the developers solicitors’ application letter to VCAT, and the application form. It is important to note that the applicant has three reasons to select from as the basis for requesting a VCAT review:

[X] Failure to grant a permit within the prescribed time (section 79)
[  ] Refusal to grant a planning permit or an amendment to a planning permit (section 77)
[  ] Conditions in a permit (section 80)

The application has chosen “Failure to grant a permit within the prescribed time“, and documented the timeframe calculations (enclosed Reference 1) where they reflect Council took too long to grant/refuse the permit. Also enclosed is a copy of the applicants planning permit (Reference 2).

IMPORTANT INFORMATION

Although the developer is appealing to VCAT on the basis of the timeframe it took Council to review the planning application, (according to VCAT) VCAT could hear and consider the entire application. You will notice in the developers appeal form to VCAT (section 8 Hearing conduct, time and complexity) they have request VCAT mediation and estimate they will take 8 hours to make their submission, and will bring 6 expert witnesses to the VCAT sessions. So it would appear the developer is not simply preparing to talk about more than just timeframe issues.

Shortly will follow another post on this website outlining the next steps objectors should take. Which will include the critical step of completing in triplicate and submitting the Statement of Grounds (Form B) as soon as possible. And we will be requesting volunteers to assist objectors with that task via photocopying and posting assistance.

Also being considered is a call for volunteers to speak at these hearings on behalf of groups of residents, as its a difficult time for objectors to turn up in person this time of year.