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SmithStreet.org « CAG « Timeline « May 2005

2005-05-02

CAG seeks info on P&DC agenda item

CAG asks Yarra's A/Director City Development whether Council's Planning and Community Development Committee has as agenda items the following: the Steering Committee's progress; Council's preparation for the VCAT Directions Hearing on the Banco development proposal.

2005-05-03

CAG reps attend Yarra Council Planning and Community Development Meeting

CAG reps attend Yarra Council's Planning and Community Development meeting for discussion on Council's response (dated 20 April 2004) to CAG's correspondence (dated 12 April 2005) seeking answers to a series of questions about Council's approach to Banco's VCAT appeal and raising concerns about the content of the officers refusal report on the Banco application. CAG reps make a submission to the Committee reiterating concerns, especially the inclusion of a consultant's report that seems to imply Banco's schematic drawings tabled at the end of confidential meetings were acceptable. The schematic plans included an 8 storey development with increased car spaces to 450. CAG submitts that Council should not use this consultant in preparing their case to VCAT.

2005-05-04

Melbourne Times reports Planning Minister's refusal to call in Banco's Smith Street proposal

Melbourne Times article - 'Smith St saga heads for VCAT as Hulls refuses to intervene' (May 4 2005, p 5) is accompanied by a photo of Planning Minister Rob Hulls and local MP Richard Wynne standing on the footpath on Smith Street across the road from Banco's proposed development while looking north down the street. The Times reports that Hulls 'has ruled out calling in the controversial planning development, saying the site is appropriate for development'. According to the article, 'Hulls said Yarra Council must urgently develop an interim plan to direct development in the shopping strip', and quoted Hulls, 'I have no doubt that an appropriate development for this area can achieved'. The only comment attributed to Wynne was 'It is not appropriate for politicians to be involved at this stage'.

2005-05-06

Meeting of Steering Committee for Smith Street Structure Plan

2005-05-06

CAG writes to Councillors Barbara, Farrar, Jolly re the Banco VCAT Directions Hearing

CAG asks the Ward Councillors to instruct Council officers that Yarra's legal team should argue as part of the case that if all the plans are substituted then Banco should make a new application; and since Yarra Council has commenced Structure Planning for Smith Street VCAT adjourn the matter for a date to be fixed and note list the matter on 13 May 2005.

2005-05-09

Councillors rolled at Yarra meeting on legal argument over Banco case

CAG reps attended the monthly Yarra Council meeting where Councillors Jolly and Maltzahn fail in an attempt to move a motion about Council's legal representation at VCAT. Councillor Jolly moves Council should argue for VCAT to throw out Banco's case as the decision under appeal related to rejecting the original application and inviting a new application. Jolly contended that by putting in new plans, Banco was effectively conceding Council's decision to refuse the application was correct, so there was nothing to review and thus no dispute before the Tribunal. Councillor Maltzahn seconds the motion. In voting against, Councillor Farrar appears to query an issue relating to 'jurisdiction', and Councillor Barbara vetoes it on the basis of being seen to go against 'due process'. A show of hands is requested from the gallery.

For: Jolly, Maltzahn.
Against: Barbara, DAgostino, Farrar, Fristacky, Meadows, Morton, Sekhon.

2005-05-11

CAG writes to Council seeking meeting re Council's approach to Banco's VCAT appeal

CAG writes to Yarra's A/Manager City Development seeking Council's support to argue at the VCAT Directions Hearing on Friday 13 May 2005 for a reasonable adjournment period - minimum of three weeks - in order for the community to properly analyse the extent to which Banco is substituting new plans.

2005-05-13

VCAT starts hearing Banco's appeal against Yarra Council's refusal of their planning application for Smith Street

CAG reps attended the VCAT Hearing between Banco (Malvernway and Davgab) and Yarra Council, and other parties. VCAT had informed parties the Hearing would consider the service of amended plans by the Applicant, Banco. Mr J Gobbo, Banco's barrister, advised the Tribunal 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. 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. VCAT set the next Directions Hearing for 17 June 2004 to consider the substitution of amended plans.

What you need to do: Watch out for ads in local papers about where to get the plans, and for information about Yarra Council's promised public meeting on the Banco appeal and the VCAT process. A warning - if you were one of the 1500 objectors you will not receive a copy of the amended plans. You'll need to find out from Council where they are on display.

2005-05-13

CAG issues media release: Banco fronts up to VCAT on controversial Smith Street development