At the Timber Yard Development VCAT hearing, VCAT did not grant a permit to the developer to build the proposed design.
So we’re celebrating with a… Sausage Sizzle
(Armstrong Reserve this Sunday)
Sausages are free, but bring anything else you want and your drinks.
SUNDAY 28th Oct 2:30pm to after dinner.
DONATIONS ACCEPTED towards the fighting fund shortfall. Or donate at by clicking here.
A group be celebrating our victory at the Prince Albert hotel (cnr Douglas Pde and Albert St) tonight at 7pm.
Come on down and join us – it would be great to catch up with everyone who can make it.
We have just received the decision – VCAT have upheld the Council’s decision to not grant a permit to the applicant.
Further analysis and a summary to follow, but you can read the decision document here…
P27 2012 Raio v Hobsons Bay CC _md 051012
Well done everybody.
Conclusion statement from decision document…
1. The review site provides a good opportunity to introduce a more intense and diverse form of housing into the location. Given its attributes, the use of the land is appropriate. However, for the above reasons, we find that in this location, the design fails to respond acceptably to the built form of the heritage protected neighbourhood and we do not consider that the amendments made to the previous proposal are an acceptable response to the previous Tribunal decision.
2. For these reasons, the decision of the Responsible Authority is affirmed. No permit is granted.
Hi everyone,
While we wait for a decision from VCAT the fighting team is calculating the expenses of external professionals that were required. Some of these included the town planner and videographer, each of which gave us very good rates and excellent value for the communities money.
Previous fund raising activities and donations have helped cover a lot of these costs, but we have a funding shortfall of $1300 and are looking for further assistance to cover these final bills.
If anyone can assist please hit the Donate button on the right side of this screen, or drop into 2 Crawford St where Monique will happily accept donations and complete the bill paying.
Thank you to everyone who has already supported the fight, and to those who can lend a further hand (hand in pocket that is).
After four days of submissions, expert witnesses, cross examinations, and conditions submissions; the hearing has concluded.
Council spent around a day presenting their expert witnesses, and being cross examined by the developer and residents.
A site visit was held on Tuesday morning. Residents representatives spend the rest of Tuesday providing their submission which included slides, DVD, and documents.
The developer’s lawyer spent two day presenting their expert witnesses, and being cross examined by the Council and residents representatives.
Thursday concluded with Council and residents submitting conditions (potentially applicable if the permit is approved), and the developer opposing these requirements where possible.
Melissa, Darren, Alison and Anthony spend the entire duration performing the cross examinations, providing submissions and conditions on behalf of resident objectors.
A few residents dropped in to observe and provide them support.
The VCAT members presiding over the hearing were courteous and provided us with sufficient time for detailed cross examination and provide our submissions in full.
A decision by the VCAT members was not made today and is not expected tomorrow, but will take the members more time to consider. It will not take longer than four weeks as per Major Case List procedure.
The VCAT hearing on the Timber Yard development starts tomorrow. The develop is hoping to overturn the Councils permit refusal decision.
Schedule:
Council will present their case tomorrow. Calling two expert witnesses.
Representatives on behalf of residents will likely present their case Tuesday.
The developer will likely present their case Wednesday, Thursday, Friday. Calling six expert witnesses.
Show your support?
Can you come to the hearing to show your support in front of VCAT? Even for just an hour is beneficial. If you can make it come in and be seated near the resident representatives.
When and where:
VCAT office: 55 King Street Melbourne.
Monday’s part will be held in room 5.1, other days may be in different rooms (to be advised).
The Timber Yard development goes to VCAT in less than two weeks.
The developer and Council have submitted their expert witness reports prepared for the hearing.
The resident objectors team are reviewing the reports and finalising their submission which will be given to VCAT during the hearing.
Developer’s Documents
Visual Amenity Statement and Visual Amenity Photomontages
Statement of Town Planning Evidence
Traffic Report and On-site parking plans
Landscape Report and Landscape Plans
Council’s Documents
Back in 2011 broken pieces of sheet material on the surface of the Timber Yard site were visible. To the casual observer the pieces look like asbestos sheet fragments, which would be logical considering the site legally sold asbestos products for many years and the large central building demolished in 2006 had asbestos roofing. Since the demolition the surface of the site has been graded over but the sheet material detritus became exposed on the surface amongst the gravel, dirt and weeds.
These below images were forwarded to an asbestos assessor and based on these images and a description of the site, the assessor assumed many of the pieces are most likely asbestos.
If this is asbestos, it’s of concern because the site is regularly disturbed by a mowing contractor, and any potentially hazardeous materials further broken up and scattered. And as most people know the site abuts the public park Armstrong Reserve and is only meters away from the children’s playground and cricket nets. Children have also bee observed on the site.
Most likely as a result of the mowing of the site, most of the previously visible potential asbestos detritus is no longer observable. It’s likely the pieces are now broken into fine particles and scattered throughout the site and/or surrounding environment.
Council, EPA, and WorkSafe were all contacted about the matter, with the outcome of responsibility for investigating the matter being with WorkSafe Victoria. WorkSafe Victoria were asked if the matter had been investigated, or if there is/was asbestos on site and if it poses any danger to workers or community; they would not provide any information as they were protecting the confidentiality of the employer/land owner. An Fredom Of Information request could be lodged if information on the matter were sought by individuals or the community.
Below are images of the broken material that were observable in 2011 after a year of regular mowing of the site. Another year later this detritus is gone. But no doubt more is graded under the surface of this site.
So with the evidence scattered, no information from the responsible authourity, should the community be worried? If it was asbestos, how are we to know now, have our children been put at risk? Is there more under the surface and will this be correctly managed when the site disturbed in the future?
| Colleen Hartland MLC(Member of the Legislative Council) has responded to our situation with a letter to Matthew Guy, highlighting her discussions with residents about the negative impact of the timber yard development on both neighbourhood character and amenity of Armstrong Reserve. Thanks Colleen.Here is a PDF copy of Colleen’s letter to the Planning Minister. Below is a scan of her letter. |
Now is the time for residents to write or email the Planning Minister Minister Guy seeking his support to uphold Council’s refusal to grant this development a permit.
You may wish to include:
Email to the Planning Minister’s at matthew.guy@parliament.vic.gov.au
| Wade Noonan MP who took our petition to Parliament in June has written to the Planning Minister Matthew Guy seeking urgent assistance to help stop the Timber Yard development.Here is a PDF copy of Wade’s letter to residents and the Planning Minister. Below are scans of the letters in full.
Now is the time for residents to write or email the Planning Minister Minister Guy seeking his support to uphold Council’s refusal to grant this development a permit. You may wish to include:
Email to the Planning Minister’s at matthew.guy@parliament.vic.gov.au |
