VCAT today accepted the right of residents and community groups to mount an appeal against Council’s on the Pigeon Bank Road development. This was despite vigorous opposition from the developer, Phillip Mannerheim Holdings Pty Ltd. The Tribunal member said that among another things, ” I am not persuaded by the permit applicant that the impact of the proposal would be ‘minimal’. Notwithstanding the general support of statutory authorities, I consider that the scale of the proposal raises broader impacts on the community, beyond just adjacent properties.” And later “I consider that the section 82 and 82B applicants’ case has some chance of success. The acceptability of the proposal having regard to relevant planning policy and zone/overlay controls, the nature and extent of proposed vegetation removal (and its environmental impact), together with the siting and landscape impacts of the dwelling warrant independent consideration by the Tribunal.”
A hearing date has been set for September 25, 2017