Banco fronts up to VCAT

Smith Street’s long running development saga finally landed in VCAT today, after Banco appealed against Yarra Council’s refusal to grant a planning permit for their proposed triple tower, high-rise development.

Representatives of the Collingwood Action Group attended the Hearing between Banco (Malvernway and Davgab) and Yarra Council, and other parties. CAG spokesperson Cliodhna Rae said VCAT had informed parties the Hearing would consider the service of amended plans by the Applicant, Banco.

However, Banco’s barrister, Mr J Gobbo, advised the amendments were not quite ready. The Tribunal was informed all changes would be made by next week, and plans available to mail by Friday 20 May 2005. Gobbo sought the next hearing date on 10 June 2005, and spent some time arguing for dispensation from distributing the amended plans to the 58 parties to the proceedings, as well as to the 1500 objectors to the planning application.

In response, Yarra Council’s legal representative pointed out the record number of objectors, stressed the community needed time to see the plans, stated the timeline was too short, and argued the Applicant should provide copies of amended plans to the 58 parties to proceedings. Ms Sivy Orr, on behalf of CAG, reinforced the community’s need for adequate time to consider the plans, and suggested the next Directions Hearing be scheduled for either 17 June 2005 or 24 June 2005.

The Tribunal ruled that the 58 parties to the proceedings be notified in writing of the list of changes and details of where plans would be available, and accessing them from Council; two sets of plans be provided to Council for display in Richmond Town Hall and the Fitzroy Library; one set of plans with a list of changes to Collingwood Action Group; and a set of plans as requested to those present at the Hearing. The Tribunal also ruled the Applicant must place advertisements in local papers (Melbourne Times, Leader) advising of the amended plans, and set the next Directions Hearing for 17 June 2004 to consider the substitution of amended plans.

Meanwhile CAG is incensed that local MP Richard Wynne has gone back on his public promise to get Planning Minister Rob Hulls to call in the application. Ms Rae warned that CAG had legal advice we would lose if this case went to VCAT. The advice pointed to a string of recent VCAT decisions approving massive high-rise developments just like Banco’s in inner urban areas.

FOR MEDIA COMMENT
Collingwood Action Group, Cliodhna Rae ph 0414 268 579 or
cag [at] smithstreet.org
Yarra Councillors, Steve Jolly ph 0437856713; Kay Meadows ph 0419 156 071