Apr 112011


VCAT have made their decision to uphold the councils refusal for a permit, in orther words refuse the application.

Below is a copy of the email from VCAT, and attached is the decision document.



I refer to the above application and attach a copy of VCAT’s final decision in this matter.  The copy is a Microsoft Word document.

If you require a hard copy of this order please email VCAT and it will be posted to you.


This decision is final and binding unless it is set aside by the Supreme Court, or the order is corrected, revoked or varied under the provisions of s. 119 or 120 of the VCAT Act 1998.

In coming to its decision the Tribunal has made a finding on the issues before it. It has no power to review or reconsider or alter this finding once the decision is published.  Therefore, it is inappropriate for the Tribunal to enter into correspondence with parties as to the issues presented before it and the merits of the decision.

Should you wish to challenge the decision, you should consider obtaining legal advice as to your rights in the circumstances.  This should be done promptly as an appeal to the Supreme Court must be lodged within 28 days of this decision.  The Tribunal is unable to enter into correspondence in relation to issues or evidence subject of this decision.


Most Planning & Environment List decisions are also available via our website (www.vcat.vic.gov.au) which has a link to take you to the Australasian Legal Information Institute’s website (AustLII) where records of the decisions are stored and may be accessed.

Decisions should appear on AustLII within 14 days after the decision is posted.  We suggest you use the Recent Updates List function on AustLII to find recently released cases.


If you have any concern about the authenticity of this email, please contact VCAT for confirmation.

Yours faithfully

Nick Tsirakidis
Acting Registrar
Victorian Civil and Administrative Tribunal

REPORT (click link): P3214 2010 Peter Cahill v Hobsons Bay CC _DC RD 100311_-1

 Posted by at 9:58 am

  7 Responses to “VCAT Hearing Decision – Permit Refusal Upheld”

  1. Great Work Guys,

    Hopefully, the developer will be discouraged enough to offer the property up for sale.

  2. What wonderful news. I hope there are champagne corks popping in Crawford, Paine and LaTrobe Streets tonight. Many many thanks to all who worked so hard- especially Melissa, Anthony, Darren and Alison. Phillip too!I am so looking forward to moving back to my true neighbourhood! Congratulations Protect Newport!!

    • However- reading the full findings- there is plenty of encouragement to the developers. Looks like a temporary reprieve.

  3. Brilliant news. Congratulations to the team and a big thanks to the frontwomen/men (Melissa, Darren & Alison) and Anthony with his work emailing and on this website. Much appreciated. I guess we now await appeals and next steps?

  4. It’s fantastic news and many many thanks to those who put in the hard work. I believe this is now an opportune time for Council to make an offer to the developer, acquire this parcel of land and extend Armstrong Reserve over the full block. This would enable Council to expand and improve the amenities in the park, provide public toilets and a small barbecue area, further separate the sport and leisure functions of the park and introduce more trees. The site could also acknowledge historical aspects through a sculpture competition for instance. I believe that rather than seeking to pack in more people via development we should be working to improve the general amenities, sustainability, and environment for the existing residents and their growing families.

  5. Fantastic, congratulations to you all for working so hard for this successful outcome and keeping our suburb as it should be.

  6. Wonderful news. People power and democracy can work. Hip hip hooray.

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