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SmithStreet.org « CAG « News « Banco appeals against Council's decision to VCAT!

Developer Banco appealed to VCAT against Yarra Council’s refusal of their planning application for the proposed massive development at 132-172 Smith Street and 63-71 Little Oxford Street, Collingwood. CAG will post an update on this website in the next few days explaining what Banco’s VCAT appeal means for the community, what could happen next, how the Minister for Planning can intervene, and details of Yarra Council’s promised public meeting on Banco’s appeal. Yarra Council provided CAG the following communication to its Councillors. Also see Yarra Council’s website for information. In November 2004 Yarra Council gave Banco permission to substitute new plans for Smith Street, but in December Banco asked for an extension to 31st January 2005, and then blew its own deadline by failing to submit new plans.

Dear Councillors,

Yarra Council received notification from the Victorian Civil and Administrative Tribunal (VCAT) yesterday, that an appeal against Council's Refusal [Planning Application PL03/1407 for 132-172 Smith and 63-71 Little Oxford Streets) has been lodged by the applicant [Banco]. The applicant is required to notify all objectors that an appeal has been lodged and serve them with the relevant forms (outlining process if they wish to be party to the appeal). As you will remember, Council has written to the Minster for Planning [Rob Hulls] requesting the matter be called in and referred to the Priority Development Panel (PDP) if an appeal was lodged as it has been. At this stage we have not received a response from the Minister so the matter may be heard at either VCAT or the Priority Development Panel. We have informally advised the Minister’s office that an appeal has been lodged.

With an application of this size (land size, cost and number of objectors) a directions hearing is likely to be held by VCAT or the Priority Development Pane typically in this forum discussion regarding length of the hearing, expert witnesses to be called will be had and in most cases the applicant will identify if they will or will not substitute plans. In addition, as there are a large number of objections (and potentially a large number of parties to the appeal) discussion will be had regarding who will be served copies of the plans and any evidence. If substituted plans are served, Council is required to make them publicly available for viewing.

Officers are required to respond to the substituted plans and represent Council's interest at the Tribunal/PDP, In accordance with Council's refusal.

As agreed, a public meeting will be organised to explain to the community what the process of VCAT/PDP will be. We propose that the meeting is held after the Directions Hearing so that we can ensure community feed back is related directly to the plans to be considered by VCAT/PDP.