Admin

Oct 142011
 

Council is in the process of advising residents about the new application to develop 43 dwelling (3 and four stories) on the timber yard site at 6 Paine St Newport. And the signs are posted on the site.

Information and advice on objecting will soon be posted on this site, but if you wish to discuss making an objection please email info@protectnewport.com

Additionally, we will be looking for volunteers to assist in the coming weeks, if you have some time, info, expertise, or resources to offer, please email info@protectnewport.com

 

Plans for the Newport Timber Site are now available at:

https://greenlight.e-vis.com.au/hbcc/public/main.aspx?frm=uc_applicationDisplay.ascx&appTypeId=1&mId=10&AppId=62217

 

 Posted by at 8:21 am
Sep 182011
 

The Attorney-General Robert Clark announced today that developers may opt to pay to fast-track their multi-million dollar development VCAT hearings.

You could argue this is better than the previous Major Case List initiative where tax-payers funded developers fast-tracked hearings, but having any legal system (user paid or tax-payer paid) which favours powerful and affluent groups over everybody else is fundamentally unfair and disadvantageous to the general community.

How does this impact upon us in relation to the Timber Yard Development? If the timber yard developer (Peter Cahill) proposal is rejected by Council and he proceeds to VCAT, he can pay to fast-track the hearing. This leaves objectors and Council with less time to prepare cases opposing the development.

Have a read of the following articles about this issue.

Rich jump planning queue

The Age, Peter Munro, 18/09/2011. PDF copy here Rich jump planning queue.

 

User-pay VCAT deemed unfair

The Age, Kellee Nolan, 18/09/2011. PDF copy here User-pay VCAT deemed unfair.

 

Interesting to note, the first article quotes John Cicero who is the Urban Development Institute of Australia’s state president. This is the same John Cicero who was the planning lawyer representing Peter Cahill regarding the Timber Yard Development at the last VCAT hearing, and offers the opinion that developers should have their fees paid for by the government and tax-payers. Maybe if developers were not so greedy and selfish they would not be clogging up VCAT with ridiculous proposals such as Cahill’s proposal for the Timber Yard site.

 

 

 

 Posted by at 6:35 pm
Sep 132011
 

Hobsons Bay Leader has written an article, reporting the developers submission of new plans to council. Below is the text in full…

If you view the Leader’s article on this page, you can place comments on the Leader’s website.

Hobsons Bay Leader article: "New plans for Newport timber yards"

THE developer behind a plan to turn the old Newport timber yards into a multi-storey residential development has lodged a new application with Hobsons Bay Council.

Earlier plans for a 40-dwelling development on the Paine St site were rejected by the Victorian Civil and Administrative Tribunal in April, but VCAT member Dalia Cook left the door open for an amended proposal, saying the development was “high-quality”, of “appropriate scale and form” and would not detract from the heritage value of the area.

Ms Cook did not object to the density, but wanted the facades “reworked”. Peter Cahill of Domain Hill Property Group now hopes the changed plans – which include 43-dwellings – will be approved by the council, but a local residents’ group is still opposed to the plan.

Protect Newport spokesman Anthony Simmons said the new proposal did not appear to be much different from the original and had actually increased its possible maximum occupancy.

“It’s disappointing because there was the opportunity for the developer to take on the feedback from VCAT and we don’t believe he’s done that,” Mr Simmons said.

“The development has not been scaled down as much as we would have expected.

“The whole building is now housing more people than before.”

But Mr Cahill said he had taken VCAT’s suggestions on board. “We have done our best to redesign, to address the concerns addressed by VCAT,” Mr Cahill said.

“The result is a group of townhouses which is more conservative in its design and more domestic in its appearance.”

Mr Cahill said the development “moved away from more box form to a design which reads like a group of town houses than a block building”.

A spokeswoman for Western Metropolitan Liberal MP Bernie Finn said Mr Finn had last month written to Planning Minister Matthew Guy regarding residents’ concerns over the proposed development.


Note: The above text and images by Hobsons Bay Leader – copyright remains that of the respected owners.

 Posted by at 7:17 am
Aug 052011
 

Keep us informed if you have written to anyone about the proposed development at 6 Paine St Newport.

This helps us track how the objection campaign is progressing.

Your privacy: The information you provide will not be made public unless summarised and/or your name and email removed.

Whom should I be writing to? See bottom of this page.

[SurveyMe form=’Writers 1′]

 Posted by at 8:32 pm
Aug 032011
 

An article regarding the 6 Paine St development has just been published in the Hobsons Bay Weekly.

It’s an excellent article highlighting how residents around the development reacted to the developer’s letter.

Just a note on the article, we trust readers understand surrounding residents are not opposing the option of social housing, residents are concerned about these key issues:

  1. The ridiculous size and physical impact of the development regardless of it being private housing, social housing, or anything else. Any proposal should at least be sympathetic to heritage overlay zoning and comply with Council’s development guidelines.
  2. Peter Cahill (the developer) using a much larger alternate proposal to concern residents into being more receptive of his preferred plan.

Article and picture below.. or go to the article at the Hobsons Bay Weekly website.

 

Newport apartments or social housing? ‘You decide’

BY GOYA DMYTRYSHCHAK
03 Aug, 2011 12:00 AM

NEWPORT residents say they feel “blackmailed” by a developer’s letter which “threatens” the neighbourhood with a social housing scheme unless they approve of his ‘designer’ apartments.

As reported by the Weekly in April, plans for a three-storey, 42-dwelling apartment block at the former Newport timber yard were rejected by the Victorian Civil and Administrative Tribunal.

More than 80 objections had been lodged with Hobsons Bay Council against the proposal for a black, cement-sheet apartment block.

In a letter dated July 21, Domain Hill Property Group managing director Peter Cahill states that if residents do not accept his new designs, a four-storey, 136-dwelling social housing complex could be built without council approval.

Mr Cahill states that a number of local residents are concerned about the site being potentially developed for social housing.

“Whilst I am prepared to be open and transparent that social housing is a legitimate alternative for us, I wish to emphasise it is not our preferred option,” he writes. “A social housing scheme of 136 apartments over four levels has been designed for the site and presented to us.

“The social housing option – which would normally be approved direct though the state government and not via council – does not preclude us from submitting a separate and independent planning application to council for upmarket designer townhouses.”

Resident Anthony Simmons said many viewed the letter as an ultimatum. “He seems to be threatening or trying to blackmail people. [Residents] think it’s quite an underhanded approach and not going through proper process. We’re feeling a bit under threat.”

Resident John Laurie said Mr Cahill was threatening the neighbourhood with a four-storey social housing scheme unless they accepted his so-called ‘designer’ apartments.

“Threatening the residents of Newport to get what you want doesn’t seem too ethical – or sensible – to me,” he said.

Williamstown MP Wade Noonan labelled the letter “bizarre”.

“I think the developer is adopting a rather dubious approach to this site. Having lost at VCAT earlier this year, the developer now seems to be saying that if they don’t get their way they may move to a plan-B social housing option – it’s quite bizarre.

“The other thing to be said here is that the developer is not correct when they say that a social housing application would normally be approved directly by the state government and not via the council.

“This process was only in place during the global financial crisis to support the Commonwealth government’s stimulus package. To that extent the developer is misleading the public.”

Mr Cahill told the Weekly that while a social housing project would probably be more profitable for him, his preference was for upmarket townhouses.

He denied his letter was a threat and said that Mr Noonan was wrong, based on professional advice received.

“I can’t control how someone can interpret something, nor can I control people’s emotions,” he said of his letter.

“All I can do is be transparent and outline the facts.

“As I stated in my letter, my preference is to proceed with an upmarket townhouse project – not sure I could have made it any clearer.

“My aim was to avoid any confusion so that people do not misinterpret our new planning application.”

 Posted by at 12:54 pm
Aug 012011
 

 

Thank you everyone for coming at such short notice.

Around 60 residents attended a briefing at 4:30pm today at Armstrong Reserve to be brought up to date on recent events surrounding the 6 Paine St development. The developer Peter Cahill, his company Domain Hill Property Group Pty Ltd, or any of his representatives were not invited to attend. This was a residents meeting.

An amazing turn-out considering less than 24 hours notice was given and people had to leave work early to be at the park. This goes a long way to show how much people felt threatened and intimidated by the developer’s Dear Neighbour letter distributed last last week.

Representatives of the resident objectors group presented a brief on events to date, current events, and what needs to be done in the near future to fight this overdevelopment in the middle of a heritage overlay zone.

In summary:

  • A brief history of the previous plans for the site, the council rejection, the February battle at VCAT, and the upholding of Council’s refusal to grant a permit.
  • An overview of a meeting by resident representatives with the developer to review revised plans which will when finalised be submitted to Council as a subsequent application in an attempt to comply with VCAT recommendations. There have been some changes to the plans, but essentially the development is same mass and volume with an increase in number of dwellings, occupants, and height.
  • A recap of the developer’s letter, which hiding behind a clarification that he is not pursuing a social housing of 136 dwellings, clearly implies he still has it on the cards and will consider it if his preferred 43 dwelling building is not readily passed.
  • A gauge of the residents’ reaction to the letter. The letter, its manner and content is quite an extraordinary step by a developer, and viewed by residents as unethical verging on attempted blackmail, and an attempt to corrupt due process.
  • It was clarified by the speakers that the possibility of social housing without Council and community approval/consultation (as stated in the developer’s letter) is in fact incorrect and misleading. Unless it was part of the Federal Government stimulus package which is now exhausted (as confirmed by Local MP Wade Noonan and Federal MP Nicola Roxon Minister for Health and Ageing).

Discussion followed around the following key points:

  • The letter from the developer Peter Cahill was thought to be light on practical information, heavy on the prospect of unchallengeable social housing, and therefore designed to intimidate residents to comply with accepting his upcoming application to construct even more high density dwellings on the site.
  • A project of the nature planned by this developer is detrimental to the neighbourhood character, and will impact everyday resident amenity, especially regarding traffic and parking, both around the site, and beyond into activity centres in Newport and Williamstown.

What residents should do next:

  • Residents should ignore Cahill’s intimidation and write to their MPs, Councillor, and the developer himself. Highlight that any proposal to develop high density three or four storey buildings on this site will be vigorously opposed, and all developments should comply with Council’s development and heritage overlay zone guidelines.

Well done to everyone that participated today.

Who to contact:

Your Local Councillor Angela Altair (Williamstown Ward) at…
Hobsons Bay City Council
PO Box 21, 115 Civic Parade, Altona, VIC   3018
Phone:  03 9932 1044 (during business hours)
Mobile: 0419 762 267 (after hours)
Email: aaltair@hobsonsbay.vic.gov.au

http://www.hobsonsbay.vic.gov.au/Page/Page.asp?Page_Id=3716

Hon Matthew Guy Victorian Minister for Planning at…
Minister for Planning
Level 7, 1 Spring Street, Melbourne, VIC
Phone: 03 9938 5990
Fax: 03 9938 5949
Email: matthew.guy@parliament.vic.gov.au
http://www.parliament.vic.gov.au/members/id/1611

MP Bernie Finn (Victorian Legislative Council representing the Western Metropolitan Region) at…

Office of Bernie Finn MP
Member for the Western Metropolitan Region
277 Hampshire Road
Sunshine, VIC 3020
phone: 03 9312 1212
fax: 03 9312 4598

http://berniefinn.com/contact.php

MP Wade Noonan (Member for Williamstown and local representative in the State Parliament) at…

Electorate Office:
101 Douglas Parade
Williamstown  VIC  3016
Tel: 03 9399 9022
Fax: 03 9397 7227

http://www.wadenoonan.com.au//index.php?categoryid=10

The developer Peter Cahill of Domain Hill Property Group Pty Ltd at..

Peter Cahill (Managing Director)
Domain Hill Property Group Pty Ltd
Level 1, 49 Smith Street Fitzroy, Victoria 3065
Phone: 03 9419 8588
Fax: 03 9417 3820
Email: info@domainhill.com.au

http://www.domainhill.com.au/advisory.html

 


Keep us informed if you have written to anyone about the proposed development at 6 Paine St Newport.

This helps us track how the objection campaign is progressing.

Your privacy: The information you provide will not be made public unless summarised and/or your name and email removed.

[SurveyMe form=’Writers 1′]


 

 Posted by at 9:30 pm
Jul 272011
 

The developer of 6 Paine St today distributed letters to residents surrounding the development site. A scanned copy of the letter attached, and the text below. Please read.

21 July 2011

Domain Hill Property Group Ply Lld
a 9rowth enterprise
Loft 1, 49 Smith Street
Fitzroy, vie 3065. Australia
P + 61 3 9419 8588
F + 61394173820
ABN 15083565940
www.domainhill .com.au

Dear Neighbour

Re: Project Update on Former Timber Yard Site – Paine St, Newport

I am writing to inform you of our progress with the redesign of our project.

The VCAT decision back in April was generally supportive of the scale and density of our proposal and the new design will follow a similar built form. The VCAT member stated “The proposal sets the groundwork for what I would regard as an acceptable and innovative response to the subject land.”

Based on the VCAT result and the feedback we received from local residents we made a decision to appoint a different architectural firm to handle the new design. This new fresh approach enables us to address the concerns many of you had about the architecture and the facade in particular. Whilst I have a high regard for the design skills of our former architect, the new architect seems to have more empathy with, and a deeper understanding of, the concerns of the neighbours.

The new design will be more conservative and the townhouses will all have a more individual domestic feel to them. The upper third level is set back and the entrances have been set further into the site as per the neighbour feedback and the VCAT directive.

There have also been some rather robust discussions happening with my new architect and my urban designer as we are all striving to achieve a quality outcome that addresses the neighbourhood concerns as well as meet the design guidelines set down by VCAT.

I have been communicating with your neighbour Darren Williams, who was one of your neighbourhood representatives at VCAT. Darren and I met yesterday with the new architect along with your fellow neighbours Anthony Simmons and Nik Bebic. The purpose of the meeting was to get some initial neighbourhood feedback and enter into constructive dialogue to assist our finessing of the plans.

I would also appreciate the opportunity to meet with you personally to help you gain a better understanding of the project and I can also address any concerns you might have. I welcome a phone call from you at any time.

The aim is now to finalise the plans and lodge a new planning application soon with council. At that point I can provide you with any information you might require directly either in hard copy form or via email if that is more convenient for you.

It has also been brought to my attention that a number of local residents have expressed concerns about the site being potentially developed for social housing, even to the point of lobbying the local MP Wade Noonan. Whilst I am prepared to be open and transparent that social housing is a legitimate alternative for us, I wish to emphasise it is not our preferred option.

A social housing scheme of 136 apartments over 4 levels has been designed for the site and presented to us. It is under consideration but that is the current extent of it. This social housing option (which would normally be approved direct through the State Government and not via Council) does not preclude us from submitting a separate and independent planning application to Council for upmarket ‘designer’ townhouses.

The new scheme will be advertised soon after we lodge the application. This will include the normal advertising signs on site. This advertising relates to the ‘designer’ townhouse proposal and IS NOT a social housing scheme.

Please call me if you wish to meet or discuss the ‘designer’ townhouse project any further.

 

Yours sincerely
DOMAIN HILL PROPERTY GROUP PTY LTD
PETER J CAHILL
Managing Director

 

Letter from Peter Cahill

 Posted by at 7:28 pm
Jul 222011
 

The developer has been working on revised plans for the Timber Yard Site, and a small number of resident representatives had the opportunity to view draft plans and provide feedback.

They are not complete and we do not yet have a copy, but this is a summary of the draft plans as they currently stand:

43 units, three stories high, with centre tower 4 stories high.

  • Mostly two bedroom dwellings, then one bedroom dwellings, and one three bedroom dwelling.
  • Average building set-back from boundary increased by half a metre.
  • Driveway moved to Paine St.
  • Each side of the development has units facing the street.
  • Stairways set back further from boundry.
  • Buildings no longer black, colours lightened with varied materials.
  • An attempt to make the units look like individual homes.
  • Parking at ground level, car stackers still employed. 5 visitor parks on-site.

Summary:

  • The developer is attempting to comply with VCAT recommendations; and consider visual improvements.
  • Building size and occupant/vehicle/traffic density remains essentially the same.
 Posted by at 2:47 pm
May 312011
 

Hobsons Bay Leader has written follow up article, reporting on the developers and residents view of the VCAT hearing outcome. Below is the text in full…

If you view the Leader’s article on this page, you can place comments on the Leader’s website.

NEWPORT residents say they have “won the battle but not the war” against a three-storey apartment complex mooted for the former Newport timber yard site on Paine St.

VCAT member Delia Smith upheld Hobsons Bay Council’s decision to refuse the development at a recent hearing, but residents believe she “missed the point” and has left the door wide open for the developer to resubmit new plans.

Developer Peter Cahill, of Domain Hill Property Group, put forward a proposal to build 34 two-bedroom apartments and six one-bedroom apartment with 47 carparking spots within a three-storey complex.

Ms Smith said the application was a “high-quality infill development” of “appropriate scale and form” and would not detract from the heritage value of the area. She did not object to the density, but wanted the facades “reworked”.

“The proposal sets the groundwork for what I would regard as an acceptable and innovative response to the land,” Ms Smith said.

Mr Cahill said he was disappointed with the decision but pleased that Ms Smith appeared “very supportive of what we’re proposing”. “We have to address those few areas of concern, which aren’t significant, and resubmit, which we’ll be doing in a few weeks,” he said.

Residents spokesman Anthony Simmons said the density and size of the project was still a concern.

“We don’t want that level of density in that position and we don’t want three storeys,” he said.

“But VCAT seems to think that with some changes it might be OK.

“They seem to have missed the point. It’s a horrible fit and the minor modifications they’ve suggested are not going to change that.”


Note: The above text and images by Hobsons Bay Leader – copyright remains that of the respected owners.

 Posted by at 9:31 am
Apr 112011
 

Hi,

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.

—————————————————————————–

APPLICATION CONCERNING: 6 Paine Street NEWPORT  VIC  3015

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.

THE EFFECT OF THIS DECISION

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.

PLEASE NOTE

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.

SERVICE OF DOCUMENTS BY EMAIL

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