Do you have an hour today and/or tomorrow to hand out flyers to the public?
If so, please email admin@protectnewport.com or call Anthony on 0411 312 502.
Mar 032012
Feb 292012
Let’s show the government and opposition we’re sick of current planning and arbitration policy that only benefits big developers’ profit margins.
An open invitation to hear us has been sent to Premier Ted Baillieu, Planning Minister Matthew Guy, local Members of Parliament, Hobson’s Bay Mayor, Councillors, and the press.
This may be our last chance to tell them these policies needs to favour the community first over developers and government.
So we need everyone available to come.
Bring as many family, friends, and neighbours to Armstrong Reserve (Wilkins St) Newport, Sunday 4th March at 4pm sharp.
The rally will only take a ½ hour, but being assembled at 4pm is critical.
Feb 222012
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?
Feb 222012
Issue raised by residents.
During the VCAT Directions Hearing on the 6th Feb. a representative for residents pointed out the inconsistent with the development cost estimates submitted by the Applicant (developer). The developer’s Planning Application submitted to Council in 2011 estimated the development cost as $9.5M. The developer’s Major Case List application submitted to VCAT Jan. 1012 estimated the development cost over $12M.
This is an important point because the VCAT Major Case List eligibility criteria for residential development starts at $10.0M, and the estimated development cost is usually based Planning Application submitted to Council.
VCAT order.
VCAT ordered the Applicant to explain the variation and provide an explanation for the increase in the estimate of the development cost.
Applicant’s (developer’s) response.
After 7 days the Applicant submitted to VCAT the following, a letter from a quantity surveyor confirming the applicants estimate.
Click here for their letter and cost estimates.
Our issue with applicant’s response.
The estimate is not an independent and sworn estimate by a quantity surveyor, only a quantity surveyor’s letter confirming the developers own estimates are ‘reasonable’. Nor does it explain the variance. Additionally, it provides a third estimate of $11.3M matching neither the Planning Application or Major Case List estimates.
Our letter to VCAT.
The Resident objectors request that the Applicant be required to comply with the Practice Note – PNPE8 as outlined below.
The practice note for the Major Cases List ‘PNPE8 – Major Cases List‘ defines the ‘estimated cost of development’ as:
“the estimated cost of the development for which the permit or permit amendment is required, but does not include items such as land value, contingency fees or holding costs, consultants’ or architects ‘fees, the value of any material to be extractedfrom the land as part of the use or development, development levies or contributions or other items not directly related to the cost of construction or carrying out of the proposed buildings or works or subdivision.”
“Informing its view about the estimated cost of the development, the Tribunal will generally use the monetary figure specified in the planning permit application. A permit applicant or permit holder may be required to submit proof of the cost of development (such as a sworn valuation from a quantity surveyor) at the practice day hearing to substantiate any difference between that stated in the planning permit application and that specified in the application to the Tribunal.”
I request that VCAT direct the Applicant to provide sworn evidence explaining the escalation in the estimated construction costs between the lodging of the planning permit with the Council and the filing of the Application with VCAT. In the absence of satisfactory evidence being provided, the Residents request that the Application be removed from the Major Cases List.
Click here for copy of our letter.
Why are we doing this?
The developer wants to be included on the VCAT Major Case List rather than the regular VCAT hearing list for the obvious benefits of an expedited hearing. But based on his Planning Application he does not meet the necessary Major Case List criteria. He should be held accountable to comply with the tribunal rules, and comply with tribunal orders. We do not think his case meets the VCAT Major Case List criteria and should not receive expedited treatment.
Feb 122012
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:
- VCAT confirmed receipt of all of the objections, en excess of 220 of them. Due to the large number of objectors: VCAT will write to all of the residents who lodged a Statement of Grounds advising them that unless specifically requested by the individual resident, VCAT, the Council and the Applicant will only be writing to the nominated resident representatives. These representatives will communicate with the residents.
. - The Applicant stated it was willing to undertake Mediation, the Council, residents and VCAT did not see much could be achieved the scheduled Mediation session. VCAT decided to vacate the Mediation date and we will proceed to Hearing commencing on 11 April 2012, not 10 April 2012 as originally advised by VCAT.
. - The Applicant is intending to call 5 witnesses and expects to take 1-2 days. The Council is only intending to call 1 witness (an Architect) and expects to take 1 day. Residents estimated ½ a day and there will be a site visit – therefore the Hearing is expected to take a total of 4 Hearing days plus the Member’s site inspection.
. - Resident’s representative raised the issue of the discrepancy between the value of the development in the application to Council and that in the application to VCAT. In the application to Council the development was estimated at $9.5M. The VCAT Major Case List is for applications over $10M. In the application to VCAT Major Case List the estimate had inexplicably risen to over $12M. The VCAT Member has ordered that the developer provide an explanation and supporting figures within 7 days.
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.
Feb 012012
100 Statement of Grounds forms were sent to VCAT today and served on Council and the developer’s Solicitor (Best Hooper). These were the SoG left in neighbourhood drop-boxes over the last week.
Additionally, many residents have been individually submitting their SoG to VCAT and serving on the other parties.
A second stack of collected SoG is getting larger and will be transmitted with any remaining before the deadline of the 6th.
There were originally 260 objectors and many new people becoming aware of this issue, so ideally we should be getting that sort of number of SoG submissions into VCAT.
If you have dropped off or sent your SoG already – WELL DONE!
…..if you are yet to get it done, please do before the deadline. And if you need help, just email for assistance.
Jan 272012
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.
Jan 242012
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.
- Original objectors will have received a blank form in the mail, and there is a blank form below with guidelines attached.
- Additionally, we have completed an ‘example’ form with all major points expressed by the community. Use this as an input to completing your own form, or you can use the example ‘as-is’ if it represents your grounds.
Forms to use:
- Blank Statement of Grounds Round 2 (includes VCAT Guidelines)
- Example Pre-completed Statement of Grounds – Round 2
Who needs to complete a Statement of Grounds form?
- Any objectors who wishes their case to be considered at their VCAT hearing.
- Anyone else (even if you did not object earlier) can state their case at the VCAT hearing.
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.
Jan 232012
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).
Jan 192012
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.