Get your dance card out: Tuesday April 16 and Wednesday 17.

590 orrong road lend lease

Leave some room to attend the appeal. After all, the depth of pubic concern is the very issue of the appeal.

“D” DAY – IS ONLY 2 WEEKS AWAY

“THE NUMBER OF OBJECTORS IS IRRELEVANT” VCAT RULED

THE SUPREME COURT OF VICTORIA WILL JUDGE IF A COMMUNITIES DEMOCRATIC RIGHTS ARE RELEVANT IN PLANNING ON TUESDAY 16 APRIL 2013

JON FAINE, IN A SPECIAL RADIO SEGMENT, COMMENTED THAT STONNINGTON COUNCIL’S SUPREME COURT CHALLENGE TO THE DISTURBING VCAT RULING IS A `WATERSHED CASE` OF GREAT IMPORTANCE TO EVERY VICTORIAN.

WHERE: SUPREME COURT OF VICTORIA – 210 WILLIAM STREET, MELBOURNE. (Cnr of William and Lt Bourke)

WHEN: 10AM SHARP- TUESDAY 16 APRIL AND WED. 17 APRIL

WHAT YOU CAN DO ?
• Come to the Supreme Court on Tuesday 16 April – for 1 hour, or 3 hours or more, but come.
• Stand up for your right to have your voice respected.
• Show politicians, developers and media that this undemocratic ruling must be over turned.
• Pass this notice on to everyone because everyone’s rights are threatened.
• Advertise it as widely as you can, particularly to residents involved in planning cases.
• Write, email or phone the (i) media and (ii) your local MPs – MP contact details on this website.
• This is a major “community” issue and demands a large community involvement in this appeal.

REMINDER ON WHAT THE APPEAL IS ABOUT

VCAT, in its determination of 10 July 2012 to grant, in full, Lend Lease’s Planning Permit Application, ruled that the extent of the community’s opposition to a planning application was irrelevant. “We (VCAT) are exercising an administrative review power. It must be exercised in accordance with law. We must not have regard to irrelevant considerations. The extent of the opposition per se in one of these” – i.e. irrelevant.

Stonnington Council, with support of the Orrong Group, recognised the implications that such a ruling would have on all planning applications for all Victorians. Council has succeeded with the first stage of the appeal – the Supreme Court has granted Council the right to appeal the matter to the full court on Tuesday16 April.

The Council is commended for taking this brave step. Because of the widespread ramifications of the VCAT ruling this is a case that justifies the cost of the appeal. It has the possibility of being a “watershed case”. We must support the Council in its action.

Just consider – this could be our last hurrah. We have battled for 3 years now to achieve a reasonable medium rise, medium density development for this site. Don’t give up now.

WHAT IS THE LIKELY RESULT OF THE APPEAL?

If the Council appeal is successful- i.e. the Court rules that the VCAT determination concerning the relevance of community opposition is an error of law, the Court will direct that the case be referred to VCAT to consider a fresh and the developer will be required to resubmit their planning application.

If the Court decides that it is not an error of law, the VCAT approval of Lend Lease’s application for its huge CBD type development will stand. It would confirm that community input to planning applications is virtually a waste of time.

AMENDMENT c153

It is vital that the Minister grants this amendment with the maximum heights and density proposed by Stonnington Council. It is a  reasonable proposal and would provide a substantial development with 250 apartments and a possible population of 500 new residents. VCAT would have to take this amendment into account in its reconsideration of the Lend Lease application.

The Minister must make a decision by 24 April but we hope he will make the decision before the Supreme Court appeal. The Orrong Group has sent a letter to the Minister urging him to make an early decision.

NOW OVER TO YOU, THE COMMUNITY.

Make a big effort to come to the Supreme Court appeal on Tuesday 16 April at 10 am.
The court is close to Flagstaff Station. It is located at 210 William Street, close to Lonsdale Street.

Make 3 years of campaigning worthwhile. Support your Council and your community group, in its efforts to achieve democracy for its residents and all residents of Victoria.

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