Supreme Court appeal delayed

lend lease

We have a hot date ahead of us.

The hearing scheduled for Friday 28 September has been altered and is now scheduled for Friday 12 October.

Please note this date in your diary – we will need a crowd to be present.

The address is the Supreme Court, 210 Williams Street Melbourne

The time of the hearing is still to be advised so we will notify you as soon as we hear about this.

This hearing is the first stage of the appeal. The Council has to make a request to the Court for permission to appeal. The Judge could refuse permission and that would be the end of appeal action or the Judge could grant permission to appeal and the case then proceeds to a full hearing.

A date will then be set for the full hearing.  It is likely to be early next year.  We predict that the developers will seek an accelerated hearing and will push for a date this year.  There is also a possibility that the case could proceed to the full hearing on 12.October.

Council has appealed on 3 grounds but the main ground is as follows:-

The Tribunal stated that “the extent of the community opposition was irrelevant”.  This is a very important issue.

The planning scheme has provision for the community to state its objections. If this ruling is allowed to remain in the decision it really means that it is a waste of time for the community to put forward its views/opposition to a planning proposal.

It is not an issue just for 590 Orrong Road; it is an issue for all municipalities and all communities.  We commend the Stonnington Council for challenging this determination.

The Orrong Group Committee has (with the help of funds you have donated) sought legal advice on the value of a community/ Orrong Group appeal. As our appeal grounds would be the same as the Council’s and we have concern about costs, we have not lodged a separate appeal.  We need however to give full support to the Council.

You may like to encourage the council with messages.

Please try to attend the hearing on 12 October

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