Oct 222013

Yesterday saw the arrival of advice from the developer’s solicitor that the developer has applied to VCAT. Note the date of the advice was the 18th of October.

After having their plans rejected at Council’s Special Planning Committee on the 5th September, the developer has applied to have their case heard at VCAT and included in the expedited Major Case List.

VCAT scheduled a Practice Hay Hearing – Friday 25th October 10:00am. This hearing is scheduled to resolve any preliminary or procedural issues prior to a final hearing, or to make procedural orders or set out a procedural timetable to facilitate the fair and efficient conduct of the proceeding. Representatives for Objectors will be in attendance.

VCAT also ordered the developer to comply with the following schedule:

  1. Developer to serve Council a copy of their VCAT application no later than the 25th September.
  2. Council to provide developer a list of objectors no later than the 20th September.
  3. Developer to serve Objectors a copy of their VCAT application no later than the 25th September.

As the developer failed to comply with the above ordered dates (due to an administrative error by the developers solicitor) the entire VCAT hearing schedule is questionable.

Representatives for Objectors will raise the non-compliance and schedule issues with VCAT at this Friday’s Practice Day Hearing.

We suggest waiting until after Friday before completing your Statement of Grounds documents. We will advise the outcome of the Practice Day Hearing, key dates, and best next steps.

Currently VCAT scheduled the following:

  • Mediation – Wednesday 13th November 2013 10:00am.
  • Hearing – Commencing Monday 16th December 2013 10:00am (number of days to be determined).

This Friday’s Practice Day Hearing will see the confirmation of these hearing dates and Statement of Grounds submission dates… or otherwise.



 Posted by at 12:01 pm

  3 Responses to “Developers applies to VCAT.”

  1. I agree Barbara Johnston. we have better things to do with our time than deal with a constant onslaught of bullying tactics. The builder has shown that he has no regards for the neighbourhood or people that live here. Maybe he should try building the monstrosity in his own backyard!

    I still object to it and always will under the current terms, is there any way to put an end to it so he can’t keep going back to VCAT and appealing? How do we make sure we are on the council list as an objector? Or do we remain on it from our first objections?

    I just hate the way this man plays such dirty tactics.

  2. We the Objectors are going to need more time, if we are going to get organised to put up a proper opposition to this plan. Its obvious that Raio deliberately stalled mailing out to objectors to better their chances to obtaining approval of their development, will see yours this Friday morning at VCAT.

  3. Do the developers believe that by continually applying to council and VCAT that they will wear the residents down. This type of action just makes residents more resolute in the fight. There should be a limit as to how many times a developer can keep going back to both council and VCAT.

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