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
Mar 102011
 

As mentioned earlier, the three days of hearing already conducted did not provide enough time to hear all submissions. This morning is the conclusion to the hearings, with the Applicant making a final submission and the Council and Objectors speaker having a right of reply.

If you can show up and provide numerical support to the Objectors speaker, that would be great.

VCAT at 55 King Street, Melbourne. Starting at 10:30am, will take a few hours. But if you can make it for just an hour that helps.

Good luck to our Objectors speakers today.

 Posted by at 8:27 am
Feb 092011
 

Just a quick update – the three days of hearing have concluded, but there was not enough time to hear all submissions. So in around a fortnight there will be a conclusion day with the Applicant making their final submission and Council and Objectors given a final right-or-reply.

More details soon including an update on what did happen at day three.

 Posted by at 6:11 pm
Feb 082011
 

Monday: Council presented their two expert witnesses which took all of Monday. Both the Applicant and Objectors representatives cross examined these witnesses.

Tuesday: Council gave their closing statement at the beginning of the day. The Objectors representatives gave their statements and presented their documented submissions throughout the morning. In the afternoon the Applicant made their opening and presented two of their expert witnesses. Both the Applicant and Objectors representatives cross examined these witnesses.

The VCAT member hearing the case undertook a site visit Tuesday afternoon.

Wednesday will see the rest of the Applicants experts present.

A further update tomorrow. A decision by VCAT is not expected on the day, but up to a few weeks away.

For the first two days, resident objectors have been attending to watch first hand and lend support. If you can lend moral and numerical support to the speakers presenting on behalf of the Resident Objectors, please come down to the VCAT hearing for the last day (Wednesday).

VCAT at 55 King Street, Melbourne.

Even coming in for an hour or so demonstrates to all parties the conviction of the objectors. You can quietly walk in and out at will.

 Posted by at 10:20 pm
Feb 072011
 

If you can lend moral and numerical support to the speakers presenting on behalf of the Resident Objectors, please come down to the VCAT hearing.

VCAT at 55 King Street, Melbourne.

Even coming in for an hour or so demonstrates to all parties the conviction of the objectors. You can quietly walk in and out at will.

Scheduled for submissions and present expert witnesses are:

  • Monday – Council, although Objectors might start if Council finishes early.
  • Tuesday – Objectors
  • Wednesday – Applicant (developer)

And for everyone else who can’t make it, we will keep you informed with update posts.

Good luck and thanks to everyone for getting us to this point.

 Posted by at 7:35 am