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Legal glitch foils Wonthaggi developer

19/10/2018

4 Comments

 
PictureThe proposed development site adjoins the Wonthaggi tip
and the Rifle Range Reserve
By Catherine Watson
 
A WONTHAGGI developer who used a legal loophole to bypass the council has been knocked back by the Victorian Civil and Administrative Tribunal on a legal technicality.
 
This week VCAT senior member Geoffrey Code dismissed an application by Grebe Investments Pty Ltd for an 83-lot subdivision on 26 hectares in Reed Crescent, adjoining the Wonthaggi tip and Rifle Range Reserve.

There were 28 objections to the proposal, most from residents of Reed Crescent, which will provide the main access to the subdivision. Seven of the objectors, including the South Gippsland Conservation Society, were a party to the VCAT hearing. 
 
Despite failing to produce required documentation, Grebe Investments referred the application to VCAT for a decision on the grounds that the council had failed to determine the matter within the required 60 days.
 
The application to VCAT for failure to determine was dated October 13, 2017. However, a statutory declaration confirming the applicant had notified neighbours and other stakeholders was not returned to the council until December 13, 2017.
 
At a compulsory conference between the developer and the council in February, the applicant agreed to supply relevant information, including a drainage strategy and landscaping buffer plan, by March 26 for the council to consider its position on the application. The information was never received.
 
In April, the council informed VCAT that it would have refused the application on the grounds that the application would not result in orderly planning or secure a pleasant residential living environment and that it did not address drainage issues.
 
Cr Brett Tessari said then the developer’s use of a legal loophole had created suspicion and negativity in neighbours.
 
The same month the VCAT hearing was deferred when the developer once again failed to produce required documentation.
 
Shortly before the start of the deferred three-day hearing on October 8, Grebe Investments told VCAT it had become aware that a 3.6 ha part of the subject land, where lots and new roads were proposed, had not been included and assessed in the approved Cultural Heritage Management Plan.
 
The applicant asked VCAT to proceed with the hearing but reserve its decision pending approval of a separate CHMP for the missing part of the activity area.
 
However, Mr Coode dismissed the application “because the Tribunal lacks jurisdiction and because it is misconceived”.
 
The Australian companies register shows the director and sole shareholder of Grebe Investments Pty Ltd is Peter George Piasente, of Caulfield North.
 
The council’s waste team also objected to the development, pointing out that work is likely to start on rehabilitating the former Wonthaggi landfill within five years. The former landfill, which is adjacent to the proposed development, was unlined, and there is potential for leachate or contaminated storm water to flow onto the south-western portion of the site. 
4 Comments
Felicia Di Stefano
19/10/2018 05:37:01 pm

Thank you for keeping us up to date with land development issues, Catherine. So glad Grebe Investments was unsuccessful in it land grab.

Reply
Yvonne J. McRae
19/10/2018 06:44:32 pm

Well reported Catherine. Hope VCAT 'stick to their guns' as developers stomp over everything and everybody in their dash for their Triple Bottom Line - GREED GREED GREED. or in the words of the poet PROFIT PROFIT PROFIT. Forget the loss of amenity (change to character of living environment), health and safety concerns, fire concerns and lack of 'escape' on No Through Road, drainage worries, polluted land and on it goes. Old adage, 'Never stand between a developer and a dollar'. Roll on Brave New World!

Reply
Joy
20/10/2018 09:07:19 am

Fantastic article Catherine and gives hope that the mighty dollar does not always mean success in destroying the environment. It clearly shows how greedy some developers can be to get their way. Sad.

Reply
Edward buckingham
6/12/2018 10:29:04 pm

This is good news. Great mews.

Reply



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