VCAT Direction: Adjournment Granted

We have received notice from VCAT ordering the following:

ORDER

1 The applicant’s request for an adjournment of the hearing of this proceeding is granted on the following basis:
a This matter remains in the Major Cases List.
b Pursuant to clause 51 of Practice Note – PNPE8 Major Cases List (Planning) the applicant will lose the benefit of the expedited Major Cases List hearing timelines.
2 The hearing on 11 April 2012 for 5 days is vacated.
3 This matter will be relisted for a hearing after the applicant has completed giving notice of its proposed amendments to the permit application by way of amended plans pursuant to Practice Note PNPE9-Amendment of Plans and Applications and the Tribunal’s order dated 17 February 2012.

Click here for full copy of order.

Despite our letters to VCAT identifying the below issues and asking for appropriate action including dismissal of the case, VCAT seem to have not responded to the following:

1. The developer not complying with previous VCAT order and letter to substantiate the variations of project cost estimates.
2. Therefore, this development not meeting the Major Case List entry criteria.

What happens next:

1. We wait for the developers amended plans.
2. As the April hearing is cancelled, we wait for VCAT to re-schedule the hearing timeline.
3. We continue with preparations for the VCAT hearing.

So… working on the assumption the developer will not make any significant and positive amendments to the plans, we have more time to gather resources and prepare the best case we can against this development.