Development and VCAT News

The development that is planned for Snowball Ave/Station Street recently was heard at VCAT.
Below are files to download with information on what happens next and how you can be involved.

There is also a form letter for objectors to download, fill out and send to VCAT. If you are going to object this form must be received by VCAT by the 26th of September.

Thank you to MEEPPA who have organised this information. If you have any questions please email meeppanews@gmail.com

Day at VCAT
press release day at vcat.pdf - Press release of what happened at the VCAT hearing (64k checked and clear of viruses)

The below two pdfs are a guide for filling out the form to submit to VCAT
Guide Introduction.pdf - Just an introduction (32k checked and clear of viruses)
Instructions Form.pdf - Information on how to fill out the form below, how many copies you need, who to send them to etc. (32k checked and clear of viruses)

The Form
Statement of Grounds.pdf - The form to be filled out and submitted to VCAT. (480k checked and clear of viruses)
If you need help with filling it out please refer to the guides above (Instructions form), and if you need any other help you can email meeppanews@gmail.com

Other information
P1713 2007.pdf - This letter was sent to original objectors of the Development. (32k checked and clear of viruses)

At the VCAT Hearing on 24 August the …‘Applicant’ forshadowed  that he intends to make an application to substitute amended plans for the permit application…”
In other words The Original Development Application that was refused by the Yarra Ranges Council on May 8  has now been changed at VCAT and an Order was made to serve Copies on the specific list of people identified in the directions order 30 days before the hearing which means they should be available by October 1 Be aware that not EVERY objector will be personally sent a full copy of the plans.  They should, however, receive a letter of notification about the amended plans.  Council and MEEPPA will have copies that people can check.

By appealing the refusal, the Developer has taken the decision out of this Community, away from our elected Council and we are at the ‘mercy’ of a Tribunal that will make a decision on a ‘different’  Development to that originally proposed - and that we have not yet seen. Is that Fair? That will have to be answered by this Community in due course.

‘How different and how substantial will the ‘New Amended’ Development Application be?
If the VCAT notice of 4 September is any indication it may in fact be quite substantial. The notice now includes by way of property description a number of allotments which, MEEPPA understands, were not included with the original application to Council.  Just how that fits with the original Development is known only to the Developer until October 1 when these Plans are ‘Ordered’ to be released. Why can’t that happen now?

‘How many ‘Amendments’ or changes, constitute a new ‘Development?
There appears to be no measurement or ‘yardstick’ as to what constitutes a new Development. If the Floor space is substantially increased or the Building is placed in another direction (‘orientation’) then it may be possible for MEEPPA and/or the Council to apply for a ‘Re Notification’ of the Development. This would not necessarily take it out of the hands of VCAT but would allow people affected by the change to the development who were not affected by the original development to be heard.  On the other hand, if there are very significant changes to the development, it may be possible to argue before VCAT that it is in fact a new development and should go back to Council.
 
Even with the ’foreshadowed’…amendments announced at VCAT on August 24th. can they be Amended even further? 
Yes! In fact the Developer may yet unveil further amendments after the foreshadowed plans.  If this occurs, MEEPPA will be arguing for a full 30 business day period to examine any further amendments, based on the precedent from the recent directions hearing.  MEEPPA have stated in their Position Statement on August 31 …” that  any development  that does not have the imprimatur (Authority)  of our locally elected Council and the general support of the local community, as both undemocratic and unacceptable.    If, through the appeal process, a development not in accordance with community wishes occurs, we call on the Mount Evelyn community to respond in the same way as the Maleny Community in Queensland.

Is there any other Avenue of Appeal left open?
Only  Supreme Court Action possibly (?) based on the unsatisfactory process of Amendment C 14 – when the Residential Blocks in Snowball and Station St. were re-zoned to Commercial and the then objectors were denied their appeal rights.  Any appeal against a decision of VCAT on the current application can only be on a question of law, not on the merits of the matter.

DISCLAIMER
These documents are to be regarded only as guides and have been made available only as a Community Service to assist the Community of Mount Evelyn by the authority of the MEEPPA Executive and it’s membership.
They are provided ‘Without’ Prejudice’ and Without Malice to serve the Public Interest, and do not in any way intend to replace Professional Financial, Property or Legal Advice. No rights or actions in this matter are waived by the publication of these guides. MEEPPA’s rights in this matter are fully Reserved and Protected.

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