We have received notification from VCAT about the Point of Law around the requirement for a minimum garden area for the proposed development.
This is our Press release-
3228 Residents Association expresses disappointment in VCAT decision on 5 Storey Hotel
On the 27th & 28th of February, VCAT held a Preliminary hearing on a legal point in their case against the Surf Coast Shire’s refusal to issue a Planning Permit. This Hearing was at the request of Barnes Capital Pty Ltd, developer of the proposed 5 storey hotel at 2-4 Geelong Rd, 48-50 Bell St & Lumley close, Torquay.
VCAT have now handed down their decision that the land in question is exempt from the minimum garden area requirement, in clause 32.08-4 of the Surf Coast Planning Scheme, as it a medium density housing site in an approved precinct structure plan or equivalent strategic plan.
The case will now proceed to a full hearing, expected to last 6 days, in November this year.
3228 Residents Association, who are a party to the proceedings would like to express our disappointment in the decision.
We call on the Surf Coast Shire to now acknowledge that their planning scheme is ineffective and substantially flawed. This decision is just one example of the contradictions in the planning scheme that are being manipulated by developers to subvert the intention of the planning scheme, and allow unwanted developments.
In this case, council thought its planning scheme required a minimum garden area for medium density sites, this assertion was proven to be in error. Will council now change the planning scheme to alter this, and many other, inconsistencies in the scheme?
We request a complete review that takes into account all recent VCAT decisions that went against council and adjust the scheme accordingly to prevent further inappropriate developments.
3228RA will continue to oppose this development based on it being overly high, not of coastal character and insufficient carparking.
We are requesting the council to strengthen their opposition by committing to pay for expert witness reports, of the same number and expertise as the developer is providing, to be presented to VCAT at the merits hearing to be held later in the year
We are also asking all residents who oppose this development to write to the Planning Minister to call-in the proposal with a view to require the developer to modify the proposal.
The full decision can be found at -
http://www6.austlii.edu.au/…/…/cases/vic/VCAT//2020/449.htmlCommittee, 3228RA Inc
info@3228ra.org~