Whiteflat

Here is an email from the folks over at WhiteFlat. Do you remember the previous fight they had on their hands, which they won? More info here.

Seems the developers are at it again. No surprises there, we know also that the Christmas season is one the developers love to come around because they think we are too busy to be interested – they continue to be wrong.

Email to Mayor & Councillors below

Dear Mayor and Councillors,

I have just sent the following through the EService section of the Council Website. I am forwarding a copy to you as I would expect a sub-division on a  piece of land recently gone through VCAT to be advertised. I am hoping that you know about it?

“It has come to me attention that a subdivision of 3 or more is proposed for the 12a Hickman Street site. The plans were lodges at C0uncil on  11/11/13. Will this sub-division be advertised so surrounding neighbours can comment? I note that the plans were not prepared by a licensed surveyor. Considering the discrepency in measurements on this allotment outlined at VCAT will Council be asking for a Surveyed plan?
The matter of a Cultural Heritage Managment Plan was highlighted for 12a Hickman Street at VCAT. Should this be considered at Sub-Division stage The VCAT decision commented on neighbourhood character. This way this proposed subdivision has been planned will not allow for setbacks and other neighbourhood character concerns outlined in the VCAT decision. I would appreciate a written answer to my initital four questions on the proposed sub-division at 12a Hickman Street as soon as possible

I have included a link to the decision of the VCAT member on 12a Hickman Street
(http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VCAT/2013/816.html?stem=0&synonyms=0&query=12a%20Hickman) I would expect VCAT members comments on Neighbourood Character and requirement for Cultural Heritage Management Plans in particular be taken into consideration by the applicant AND Council staff. In particular I draw your attention to the paras 34-36.

34.. I have adopted the approach suggested by the Applicant. That is, having determined to refuse a permit, I will make that order without  determining the question of whether a CHMP is needed for the proposed activity.

35.. I will say, however, that I have proceeded very carefully on this basis. Had I not made as conclusive a finding on the reasons why the development should not be approved, I would have issued further directions to address the issue of the CHMP. As it has turned out, my conclusion that the development is so out of keeping with the character of the area that a permit should be refused on this basis alone means that it is unnecessary to consider all other issues that were raised, as these would not alter my decision. It is for this reason that I have adopted this course of action.

36.. This decision should not be taken as meaning that determination of whether a CHMP is required should be left as being conditional upon whether a permit is likely to be granted. Councils need to be vigilant to ensure this issue is addressed at the permit application stage – well before the
application is assessed and a decision is made. Further, should there be a dispute between parties to an Application for Review, as to whether a CHMP is required, then this matter should be raised with the Tribunal as soon as practicable after the Application has been lodged so that it may be
addressed before the Application proceeds to a merits hearing. Although less than ideal, given the late stage in the process where parties have gone to the time and expense of preparing for a hearing, if for some reason the issue has not been raised earlier, it should be raised at the commencement of the hearing as a preliminary matter so that appropriate directions or findings can be made before submissions on the merits of the proposal commence.

I often look at the statement of Aboriginal Reconciliation on the Town  Hall wall and wonder how Council neglected their duty under the Aboriginal Heritage Act in regards to the 12a Hickman Street application that went to VCAT. It is very disappointing. I hope it is not being neglected this time.

Please let me know if you received this email, as last time I sent an email to ‘Mayor and Councillors’ I only received one response and I did not know
if it had reached everyone.

Kind Regards

Preserve White Flat