Jan 272012


The residents action group is holding a briefing in the park (Armstrong reserve next to the Timber Yard site) at 3pm Sunday the 29th January.

It’s an opportunity to hear the latest developments, what going to happen in the near future, express opinions, offer support, and ask questions.

See you there if you can make it.

 Posted by at 5:58 pm
Jan 242012
Neighbourhood Drop Boxes


Complete forms ASAP –> place in nearest drop box –> we will transmit to all parties.


Due to the developer paying to have his VCAT Hearing on the Major Case List, VCAT have scheduled a fast-tracked process… as a result objectors need to submit the Statement of Grounds forms before the 6th of February.

This step in the fight is critically important and mandatory in order for everyone to be represented and your views heard at VCAT.

The Statement of Grounds form.

  • Original objectors will have received a blank form in the mail, and there is a blank form below with guidelines attached.
  • Additionally, we have completed an ‘example’ form with all major points expressed by the community. Use this as an input to completing your own form, or you can use the example ‘as-is’ if it represents your grounds.

Forms to use:

Who needs to complete a Statement of Grounds form?

  • Any objectors who wishes their case to be considered at their VCAT hearing.
  • Anyone else (even if you did not object earlier) can state their case at the VCAT hearing.

There were officially 260 objections submitted to Council, and we need to ensure we maintain the numbers to show VCAT the magnitude of impact of this ridiculous development. Remember, anyone in the household can submit their grounds… seperate forms are recommended.

What do you need to do?

Complete a Statement of Grounds form and submit to VCAT and also serve a copy on Council and the developer. This means all three parties need to get a copy.

We are making that process as easy as possible with neighbourhood drop boxes to collect people forms and we will ensure they are served upon all necessary parties on time. You only need to drop off one copy per person submitting their grounds. We will take care of further copies and transmission to all parties.


The latest date is the 6th of February, but as quickly as possible, especially if you are putting them in neighbourhood drop boxes. We need enough time to make copies and transmit them before the deadline.

Nearest drop boxes.

Put into the letterboxes of either:          91 Franklin St          4 Paine St           2 Crawford St          4 Bunbury St

Neighbourhood Drop Boxes

Who is doing the transmitting on your behalf (if you so choose)?

There is a core team of residents (collectively know as the “resident’s action group”) who have been fighting this development from the start. At the last VCAT hearing they handled communications and presented a collective case on behalf of residents…. saving the general community a large amount of time required to individually prepare cases and show up for the full duration. They have been working hard, but need your continued support and motivation. Also, any resident is welcome to join the team and/or bring resources to assist.

More information.

Read Councils Report refusing the application.

Read the developer’s proposed Grounds of Appeal for taking the refusal to VCAT.


 Posted by at 12:01 pm
Jan 232012
Councils Report

Please find below Hobsons Bay Council’s town planner’s report stating their grounds for refusing the developers application.

The Good: Council seem to be clear on why the design and scale of this building is not appropriate for our neighbourhood and the Timber Yard site. Largely reiterating their in-fill guidelines and highlighting how detrimental it is to our existing neighbourhood character.

Not so good: Unfortunately Council don’t support our concerns regarding the difficulties current residents face parking in the surrounding area, and the adverse impact this development would have.

The Bad: The developer having seen this report still feels justified in their design proposal to peruse it, and is challenging Councils decision at VCAT.

Please read this report and if you feel you can contribute feedback to us, to help Council uphold their refusal, email us at info@protectnewport.com

Click below image to read report in full (PDF).

Councils Report

 Posted by at 3:58 pm
Jan 192012

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

As expected the developer has applied and paid to be on the fast-track Major Case List. This means VCAT has scheduled a very fast timeframe for objectors to submit paperwork, the hearing to take place, and a decision to be made.

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:    Subject Land: 6 Paine St Newport
VCAT Reference No. P27/2012

We act for the Permit/Applicant in the above matter.

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

(a) copy Application for Review pursuant to Section 77 of Planning and Environment Act 1987;
(b) VCAT order dated 5 January 2012;
(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 10 February 2012 10:00 am
Mediation: 1 March 2012 10:00 am
Hearing: 10 April 2012 10:00 am for 6 days


The closing date by which a Statement of Grounds must be received by ourselves, the Tribunal and the Responsible Authourity is no later than 6 February 2012.

Yours faithfully

Sarah Don
Senior Associate

Enclosed: were the Major Case List application and attachments.


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.

Volunteers will be available assist you complete the Statement of Grounds form and/or sending them off to all parties.

 Posted by at 5:27 pm