Last week, on December 12, VCAT rejected the request by the developer to defer the VCAT hearing, now set to run for 4 days starting January 23.
The story so far: at its meeting on 14th March the Nillumbik Council overturned the decision by its own officers to disallow this inappropriate residential development in the Green Wedge. Following objections by neighbours a VCAT hearing date was set for September 25, the objectors being joined by the Warrandyte Community Association, the Friends of Nillumbik and the Greenwedge Protection Group.
Then the developer, Phillip Mannaheim Holdings Pty Ltd applied to the Supreme Court against the objectors’ right to appeal. The Supreme Court hearing date was set for June 30, but on June 28 this hearing was deferred, but January 22 was established as the VCAT hearing date, should it stand. On November 2 the Supreme Court upheld our right to object.
Next, the developer applied to have the VCAT hearing date deferred, on various grounds to do with time lost due to his own Supreme Court application and the availability of his experts. Nillumbik Council supported this request, of course, but the objectors did not, requesting that the hearing be held as scheduled.
Last week, on December 12, following a hearing on December 6, VCAT announced that the hearing would proceed on the original week, albeit shortened by agreement from the originally scheduled 5 days to 4, starting on January 23.
At the hearing the VCAT member agreed that although the date for submitting amended plans had passed it would extend that date to December 22 – although it noted that ‘no in principle changes’ had ‘been identified yet’. The VCAT Member also noted that if the applicant was not going to be ready on the date it could always withdraw the application and re apply in the future.
You should know that all of these procedural steps and delays requested by the developer are demanding of campaign volunteer time and money, and both are short. So please, chip in if you haven’t, chip in again if you can, and pass this email on to friends and supporters of Melbourne’s green wedges.