SUNDAY PICNIC IN THE PARK
Come to Armstrong Reserve this Sunday for a community picnic and briefing on VCAT current events.
Sunday 26th, 12:30 to 1:30 pm.
BYO picnic food and drink, picnic rug, family.
Donations for VCAT fight… can you spare $10 or $20 to assist the team with expenses?
Here are our notes on last Fridays VCAT Practice Day Hearing. This VCAT session is primarily for VCAT to understand the scope and magnitude of the developer’s application, and schedule future hearing days and time required for them.
Attending were the applicant (developers solicitor), Hobsons Bay Councils solicitor, and a representatives for the numerous objectors.
Observations of hearing (unofficial).
VCAT Practice Day Hearing 10th February 2012 at 11am
VCAT Reference Number: P27/2012
Regarding: 6 Paine Street Newport VIC 3015
Parties appearing:
Adeline Lane (Maddocks solicitors representing Hobsons Bay Council).
Sarah Don (Best Hooper solicitors representing the developer Peter Cahill).
Melissa Gojak (representing objecting residnets).
Also present:
Mark Tenner (Hobsons Bay Council Planner).
Darren Williams (representing residents).
Observers notes of hearing:
What’s next:
All parties are to prepare their cases for the hearing.
Residents will soon be contacted about the case being developed on their behalf.
Hi,
The residents action group is holding a briefing in the park (Armstrong reserve next to the Timber Yard site) at 3pm Sunday the 29th January.
It’s an opportunity to hear the latest developments, what going to happen in the near future, express opinions, offer support, and ask questions.
See you there if you can make it.
SUMMARY
Complete forms ASAP –> place in nearest drop box –> we will transmit to all parties.
DETAILS
Due to the developer paying to have his VCAT Hearing on the Major Case List, VCAT have scheduled a fast-tracked process… as a result objectors need to submit the Statement of Grounds forms before the 6th of February.
This step in the fight is critically important and mandatory in order for everyone to be represented and your views heard at VCAT.
The Statement of Grounds form.
Forms to use:
Who needs to complete a Statement of Grounds form?
There were officially 260 objections submitted to Council, and we need to ensure we maintain the numbers to show VCAT the magnitude of impact of this ridiculous development. Remember, anyone in the household can submit their grounds… seperate forms are recommended.
What do you need to do?
Complete a Statement of Grounds form and submit to VCAT and also serve a copy on Council and the developer. This means all three parties need to get a copy.
We are making that process as easy as possible with neighbourhood drop boxes to collect people forms and we will ensure they are served upon all necessary parties on time. You only need to drop off one copy per person submitting their grounds. We will take care of further copies and transmission to all parties.
When?
The latest date is the 6th of February, but as quickly as possible, especially if you are putting them in neighbourhood drop boxes. We need enough time to make copies and transmit them before the deadline.
Nearest drop boxes.
Put into the letterboxes of either: 91 Franklin St 4 Paine St 2 Crawford St 4 Bunbury St
Who is doing the transmitting on your behalf (if you so choose)?
There is a core team of residents (collectively know as the “resident’s action group”) who have been fighting this development from the start. At the last VCAT hearing they handled communications and presented a collective case on behalf of residents…. saving the general community a large amount of time required to individually prepare cases and show up for the full duration. They have been working hard, but need your continued support and motivation. Also, any resident is welcome to join the team and/or bring resources to assist.
More information.
Read Councils Report refusing the application.
Read the developer’s proposed Grounds of Appeal for taking the refusal to VCAT.
Please find below Hobsons Bay Council’s town planner’s report stating their grounds for refusing the developers application.
The Good: Council seem to be clear on why the design and scale of this building is not appropriate for our neighbourhood and the Timber Yard site. Largely reiterating their in-fill guidelines and highlighting how detrimental it is to our existing neighbourhood character.
Not so good: Unfortunately Council don’t support our concerns regarding the difficulties current residents face parking in the surrounding area, and the adverse impact this development would have.
The Bad: The developer having seen this report still feels justified in their design proposal to peruse it, and is challenging Councils decision at VCAT.
Please read this report and if you feel you can contribute feedback to us, to help Council uphold their refusal, email us at info@protectnewport.com
Click below image to read report in full (PDF).
Following Council’s refusal of the developer’s proposal, the developer has submitted an appeal to VCAT (Victorian Civil and Administrative Tribunal).
As expected the developer has applied and paid to be on the fast-track Major Case List. This means VCAT has scheduled a very fast timeframe for objectors to submit paperwork, the hearing to take place, and a decision to be made.
Please read this summary of recent correspondence and make sure you read the IMPORTANT section at bottom of this post.
Everyone who objected to the development will have by now received a letter and attachments posted to them from the developers solicitor Best Hooper. Here is an extract from the letter…
Dear Sir/Madam,
Re: Subject Land: 6 Paine St Newport
VCAT Reference No. P27/2012
We act for the Permit/Applicant in the above matter.
As directed by the Tribunal, we enclose by way of service the following:
(a) copy Application for Review pursuant to Section 77 of Planning and Environment Act 1987;
(b) VCAT order dated 5 January 2012;
(b) Information form (A); and
(c) Statement of Grounds form (B).
Please be advised this matter has been listed in the Major Cases List and the following dates have been allocated:-
| Practice Day Hearing | 10 February 2012 | 10:00 am |
| Mediation: | 1 March 2012 | 10:00 am |
| Hearing: | 10 April 2012 | 10:00 am for 6 days |
The closing date by which a Statement of Grounds must be received by ourselves, the Tribunal and the Responsible Authourity is no later than 6 February 2012.
Yours faithfully
BEST HOOPER
Sarah Don
Senior Associate
Enclosed: were the Major Case List application and attachments.
Shortly will follow another post on this website outlining the next steps objectors should take. Which will include the critical step of completing in triplicate and submitting the Statement of Grounds (Form B) as soon as possible.
Volunteers will be available assist you complete the Statement of Grounds form and/or sending them off to all parties.
The Hobson’s Bay Council has just sent out letters to objectors notifying them of the Council’s refusal of the developers proposal.
Needless to say, many resident objectors will be very pleased.
The cover letter reads as follows…
OBJECTORS NOTICE
Planning Permit Application No. PA1123425
6 Paine St, Newport VIC 3015
Construction of 43 dwellings ranging in height from three to four storeys including a reduction in the statutory car parking rate.
After careful consideration of this application and of all objections received, it has been decided to refuse the application on the grounds listed in the enclosed Notice of Refusal to Grant a permit.
The applicant now has a right to appeal against this decision to the Victorian Civil and Administrative Tribunal (VCAT). If an appeal is lodged, you will be advised by VCAT and will have a further opportunity to speak against the proposal.
Should you have any questions regarding this refusal please contact me on 03 9932 1000.
Yours faithfully
Mark Tenner
Team Leader Town Planning
WHAT ARE THE REASONS FOR THE REFUSAL?
1. The proposal does not meet State Planning Policy, particularly the objectives and guidelines at Clause 15 (Built Environment and Heritage) of the Hobsons Bay Planning Scheme.
2. The proposal does not appropriately satisfy all of the objective in the Design Guidelines for Higher Density Residential Development (2004).
3. The proposed building design represents a poor urban design outcome in regard to the following:
– Upper storey (cantilevered) setbacks to Armstrong Reserve and Paine, Crawford and Latrobe Streets;
– Articulation, form, bulk and scale;
4. The proposal does not meet the Municipal Strategic Statement and Local Planning policy, particularly Council’s objectives at Clause 21.04-1 (The Hobsons Bay Strategy), Clause 21.06 (Residential) and Clause 22.10 (Neighbourhood Character) of the Hobsons Bay Planning Scheme as it does not improve the environment or liveability of the area and negatively impacts on local urban character and the amenity of the surrounding residential areas.
5. The proposal does not satisfy the requirements of Clause 21.07(Heritage) and Clause 22.01(Heritage Policy) of the Hobsons Bay Planning Scheme because it is inappropriately designed and unrelated in terms of design, scale, form and materials to the historic context provided by the surrounding heritage places, most particularly by failing to provide an appropriate graduation of height and setbacks between the proposed new building(s) and the four public interfaces.
6. The appearance of the proposed development with regard to it cantilevered form would result in a poor urban design solution for the subject site.
7. The bulk, form and appearance of the proposed building is inconsistent with the objectives and guidelines of Clause 43.01 (Heritage Overlay) of the Hobsons Bay Planning Scheme because it does not enhance the heritage precinct.
8. The bulk, form and appearance of the proposed building will have an adverse impact upon the significance and character of the prevailing heritage precinct covered by Heritage Overlay – HO27 in the Hobsons Bay Planning Scheme.
Date Issued: 15 December, 2011
Signature for the Responsible Authority:
Mark Tenner
Team Leader Town Planning
—————————————————-
REFUSAL TO GRANT PERMIT – IMPORTANT INFORMATION ABOUT THIS NOTICE – WHAT HAS BEEN DECIDED?
● The responsible authority has decided to refuse to grant a permit. (Note: This is not a refusal under Division 5 of Part 4 of the Planning and Environment Act 1987.)
● This notice sets out on the reverse side the reasons for the refusal.
● The reasons or grounds on which the application has been refused are those of the responsible authority unless otherwise stated.
WHAT ABOUT APPEALS?
● The person who applied for the permit may appeal against the refusal. The appeal must be lodged within 60 days of the giving of this notice.
● An appeal is lodged with the Victorian Civil and Administrative Tribunal.
● An appeal must be made on a Notice of Appeal form which can be obtained from the Victorian Civil and Administrative Tribunal, and be accompanied by the application fee.
● An appeal must state the grounds upon which it is based.
● An appeal must alos be served on the Responsible Authority.
Notice of the appeal must be given in writing to all other parties to the appeal as soon as practicable after an appeal is lodged. An objector who appeals must give notice to the person who applied for the permit. An applicant who appeals must give notice to all objectors.
● Details about appeals and the fees payable can be obtained from the Victorian Civil and Administrative Tribunal.
For an Objector:
● If the applicant appeals against this decision, the applicant must give notice in writing to all objectors as soon as practicable after an appeal is lodged. Objectors will be invited to any appeal hearing.
An article regarding the 6 Paine St development has just been published in the Hobsons Bay Weekly.
Article and picture below by Hobsons Bay Weekly.. or go to the article at the Hobsons Bay Weekly website.
Artist's impression: A north-west perspective of the proposed development at the former Newport timber yard.
MORE than 200 objections have been lodged against a new development proposal for the former Newport timber yard.
A $9.6million, 45-dwelling apartment block, over three and four storeys (see artist’s sketch opposite), has been proposed for 6 Paine Street.
As reported by the Weekly in April, the developer’s earlier proposal for a three-storey, 42-dwelling apartment block was rejected by Hobsons Bay Council and the Victorian Civil and Administrative Tribunal.
More than 80 objections against the first proposal were received by the council, opposing the proposed black, cube-like building.
Then in August, the Weekly reported residents felt “blackmailed” by a developer’s letter which indicated that if residents did not accept a new design, a four-storey, 136-dwelling social housing complex could be built without council approval.
The council denied that this was the case.
Resident Anthony Simmons said residents had been “taken aback” by the latest plans.
“The new proposal is essentially the same as the old proposal except it’s increased in size and density. That’s upset a lot of people and there’s a feeling of the process having failed them. They’ve changed the colour, but they’ve packed more people in; the population density is up by about 14per cent.”
The council’s planning and environment director, Peter Gaschk, said officers were still reviewing the application. Domain Hill Property Group town planner Eddie Zagami, acting for the developer, said the increased number of apartments was a “byproduct of the new design”.
“We believe we’ve addressed the design issues and as a result there are a few more apartments.”
Great news – at least 200 objections have been lodged against this ridiculous over-development. Well done everyone!
But if you have not yet lodged your objection please be quick, closing date for objections could be any day now.
Below you will find links to the application and information on how to object.
—————————————————————————————————————
Former Newport Timber Yard (6 Paine St) Development
Massive 43 unit development, 3 and 4 stories high.
TIME TO OBJECT
Having previously been rejected by both Council and VCAT, the developer has made another application to council to develop this site.
Despite some minor changes the design remains essentially the same, but has now increased in the number of dwellings and height. The terrible impact on neighbourhood character, heritage, traffic, parking, and park amenity of this development remains the same.
This is what the developer wants to stick in the middle of our neighbourhood…
You can view the application and plans here.
If you oppose this development (and what it represents and sets precedents for) please support your neighbourhood by objecting to it as soon as possible, preferably before 10th November.
HOW TO OBJECT
Here are some aids to objecting, select the most convenient. Each person in your household can submit their own objection.
PRE-COMPLETED OBJECTION (MICROSOFT-WORD or PDF) – containing the most pertinent points and you can use it as a reference for completing the blank objection form or submitting an objection on Council’s planning system (Greenlight), or submit the pre-completed objection form itself.
COUNCILS PLANNING SYSTEM for online submission, go to the bottom of the page for objection form. Review the above pre-completed objection document for assistance and text you might want to use.
BLANK OBJECTION FORM for writing your own objection.
FAX any of the above to 03 9932 1090, make sure you include the following information:
– Application number: PA1123425
– Site address: 6 Paine St Newport
– Your name and address.
POST any of the above to:
Hobsons Bay City Council – Corporate Centre
Town Planning Department (Mark Tenner)
115 Civic Parade
Altona VIC 3018
To speak with Council’s planner about this development, phone Mark Tenner on 03 9932 1157.
If you have any questions of us, please email info@protectnewport.com
Good luck everyone, and let the community’s voice be heard.
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: