As mediation was unsuccessful, the final hearing at VCAT goes ahead, and has been confirmed for next Monday (7th), Tuesday and Wednesday.
Scheduled for submissions and present expert witnesses are:
We will keep everyone informed during the hearing.
Mediation at VCAT did not produce a result satisfactory to all parties, so the case will proceed to a Final Hearing – still scheduled for 7th February.
But a commendation is due for all those who turned attended and participated – everyone put in a big big effort on the day.
Today is VCAT mediation day, where the Applicant (developer), Council, and Objectors present in front of VCAT to see if there can be a mutually satisfactory resolution and avoid the formal hearing.
Objectors are being represented by a single speaker (although individual objectors who wish to represent themselves can do so) and the selected speaker will submit the required paperwork on behalf of the group of objectors.
Objectors may wish to be at mediation and observe the proceedings… in fact your presence will add weight to our case. So come along if you can make it.
VCAT, 55 King St Melbourne, 18th January at 2:15pm, expected to take 180 minutes.
Hobsons Bay Leader has written anther article, this time about the resident sentiment about the proposed development. 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.
A NEW residents group has vowed to fight a “hideous” 46-apartment development in Newport that it claims will clog surrounding streets.
The Protect Newport group was formed after 82 objections were received by Hobsons Bay Council to a permit application for the former Newport Timber Yard in Paine St.
As previously reported by the Leader, the development (pictured) would include three-storey apartments, fronting Paine, Crawford and Latrobe streets and Armstrong Reserve. Much of the surrounding area is filled by inter-war and Edwardian homes.
Anthony Simmons, who started the website protectnewport.com, said residents were concerned about traffic congestion and the apartment’s design. “One aspect is the style,” Mr Simmons said.
“People are knocked out by how hideous it is or how it doesn’t fit in the area.
“The density is also really bothering people. The fact is these are a blocks of flats.”
The council knocked back the developer’s proposal, citing eight different reasons why it wouldn’t be appropriate.
Among these, according to the refusal notice, were: “the proposal will adversely affect the amenity of the area by way of overflow car parking in surrounding streets” and “the proposal is not consistent with heritage policies”.
But the matter will now be decided at planning tribunal VCAT after the proponent appealed the council’s ruling.
Proponent Peter Cahill, of Domain Hill Property, was overseas last week and unavailable for comment.
In August Mr Cahill told the Leader that the design was “architecturally striking” and “deliberately very contemporary and iconic”.
Mr Cahill said there would be high demand to live in the new development.
Note: The above text and images by Hobsons Bay Leader – copyright remains that of the respected owners.
Hi,
Objectors that submitted their Statement of Grounds form to VCAT will by now have received from VCAT a Notice of Mediation and accompanying form. This form titled Opening Statement at a Mediation is to be completed by speakers and submitted to VCAT on the day of mediation.
This is what NOT to do with it:
IMPORTANT: Because of the large number objectors, VCAT ordered objectors to send a limited number of representatives to Mediation and the Final Hearing. The resident action group has undertaken a process of nominating and selecting representatives on behalf of objectors. If you wish to take advantage of these representatives you SHOULD NOT submit the Opening Statement at a Mediation form to VCAT, instead contact a representative spokesperson via this site by emailing info@protectnewport.com. The representatives will submit the necessary forms on behalf of the objectors they are representing at mediation.
If you wish to represent yourself, then present your Opening Statement at a Mediation form on the day of mediation. It would be appreciated if you are going to self-represent you contact info@protectnewport.com so we can coordinate arguments and avoid gaps or overlap.
Thanks.
If you:
Email info@protectnewport.com to become more directly involved preparing our collective case against this development.
Important dates: VCAT at Mediation (18th Jan) and the Final Hearing (7th Feb).
REMINDER
VCAT’s deadline for objectors to submitting their Statement of Grounds forms is Friday the 24th, but as VCAT is closed on Friday, VCAT cautioned it best to get these forms in on or before Thursday 23rd December.
Blank copy of Form B Submission of Grounds:
VCAT Form B Statement of Grounds and VCAT Form A Information
A copy needs to be served to all of the following parties…
VCAT:
The Principal Registrar
VCAT
Planning and Environment List
Fax 03 9628 9789
Developer (Applicant), Developers Representative:
John Cicero at BEST HOOPER Solicitors
Fax 03 9670 2954
Hobsons Bay Council:
Hobsons Bay Council
Mark Tenner
Planning and Building
Fax 03 9932 1039
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 representative of the numerous objectors.
Observations of hearing (unofficial).
VCAT Practice Day Hearing 17th December 2010 at 10am
VCAT Reference Number: P3214/2010
Regarding: 6 Paine Street Newport VIC 3015
Parties appearing:
John Rantino (Maddocks solicitors representing Hobsons Bay Council).
John Cicero (Best Hooper solicitors representing the developer Peter Cahill).
Melissa Gojak (representing herself as an objector and speaking on behalf of other objector’s sentiment).
Also present:
Mark Tenner (Hobsons Bay Council Planner).
Observers notes of hearing:
1. Statement of Grounds submission period ends 23rd December 2010.
2. Statement of Grounds submission required for any objector to be represented at VCAT.
3. Rantino requested developer’s VCAT application should be considered under Section 77 (Refusal to grant a planning permit) not Section 79 (Failure to grant a permit within prescribed time), this was agreed to by Cicero and accepted by VCAT.
4. Rantino requested mediation hearing date be pushed back as Mark Tenner is on leave during the scheduled hearing date. Similarly supported by Gojak. Cicero similarly requested push back of mediation hearing as the developers architects are also on leave. A date of the January 18th was proposed, and accepted by VCAT.
5. Gojak identified that although only ½ dozen Statement of Grounds had been served so far, it is expected every objector will serve a Statement of Grounds (approximately 80).
6. Cicero requested a representation order be made so that all objectors are represented by a smaller number of delegates at mediation/final hearing. VCAT so ordered. Gojak was identified as one representative, and others will be named and VCAT informed prior to mediation.
7. Cicero stated that it is unlikely the developer will amend plans and resubmit, but may provide part plan amendments. VCAT clarified any plans for discussion purposes must be circulated no later than 5 days prior to mediation.
8. VCAT reiterated Statement of Grounds submission period ends 23rd December 2010.
9. VCAT scheduled mediation date of 18th January 2010 at 2:15pm, but this is subject to confirmation by VCAT.
10. Timing of Final Hearing remains the 7th February, at up to three days, with the following estimates by involved parties:
– 1 day and a bit by Cicero for developers submissions (approximately 6 witnesses being called).
– Up to 1 day by Rantino for Council submissions (1-2 witnesses being called).
– Up to 1 day for objectors’ representatives’ submissions.
Here is a PDF copy of these notes: Observation of VCAT Practice Day Hearing 17th December 2010
Hi,
As mentioned earlier the developer is appealing against Councils refusal decision and hope VCAT will approve their proposal via mediation or judgement.
As far as VCAT is concerned objectors have the right to be heard and/or represented at the VCAT hearings, but objectors must complete a Form B. STATEMENT OF GROUNDS and serve it to VCAT, the Council, and the Developer before next Thursday the 23rd December.
Only six Statement of Grounds have been served so far, and unless the rest of the objectors get theirs completed, objectors will have little say in what happens at VCAT.
Fellow objectors are available to assist you complete the forms and get them served. If you have not yet been contacted and offered assistance, email info@protectnewport.com and someone will come and help.
Also, objector representatives are volunteering to attend the VCAT hearings on behalf of the many who cannot show up personally, so you don’t need to show up yourself, but you must serve a Statement of Grounds form to be involved in any way whatsoever.
It cannot be emphasised more strongly how important that these forms are completed and served in order to be heard at VCAT.
Blank copy of Form B Submission of Grounds:
VCAT Form B Statement of Grounds and VCAT Form A Information
Following Council’s refusal of the developer’s proposal, the developer has submitted an appeal to VCAT (Victorian Civil and Administrative Tribunal).
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: Permit Applicant: Peter Cahill
VCAT Reference No. P3214/2010
Subject Land: 6 Paine Street, Newport
Planning Permit Application No. PA1020902
We act for the permit application in the above matter.
As directed by the Tribunal, we enclose by way of service the following:
(a) copy Application for Review against a failure to grant a planning permit within the prescribed time;
(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 | 17 December 2010 | 10:00am |
| Mediation: | 11 January 2011 | 10:00am |
| Hearing: | 7 February 2011 |
John Cicero
Principal
Enclosed with the above letter is a copy of the developers solicitors’ application letter to VCAT, and the application form. It is important to note that the applicant has three reasons to select from as the basis for requesting a VCAT review:
[X] Failure to grant a permit within the prescribed time (section 79)
[ ] Refusal to grant a planning permit or an amendment to a planning permit (section 77)
[ ] Conditions in a permit (section 80)
The application has chosen “Failure to grant a permit within the prescribed time“, and documented the timeframe calculations (enclosed Reference 1) where they reflect Council took too long to grant/refuse the permit. Also enclosed is a copy of the applicants planning permit (Reference 2).
IMPORTANT INFORMATION
Although the developer is appealing to VCAT on the basis of the timeframe it took Council to review the planning application, (according to VCAT) VCAT could hear and consider the entire application. You will notice in the developers appeal form to VCAT (section 8 Hearing conduct, time and complexity) they have request VCAT mediation and estimate they will take 8 hours to make their submission, and will bring 6 expert witnesses to the VCAT sessions. So it would appear the developer is not simply preparing to talk about more than just timeframe issues.
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. And we will be requesting volunteers to assist objectors with that task via photocopying and posting assistance.
Also being considered is a call for volunteers to speak at these hearings on behalf of groups of residents, as its a difficult time for objectors to turn up in person this time of year.
