Questions and responses
Can I get details of the planning application for 272 Gallaghers Rd?
Planning Application TPA/47056 for 272 Gallaghers Road, Glen Waverley proposed the use and development of the site for a 70 place child care centre and removal of vegetation.
>What were the reasons given to reject the original application?
Where Council does not make a decision in a 60 day timeframe, an applicant can lodge what is known as a failure to determine appeal and this is what they have done.
Council officers had concerns that the proposed building was out of character with the area – it was too big, the proposed carpark dominated the streetscape and the overall design was not in keeping with the garden characteristics of Monash. Officers also had concerns about the impact the proposed development would have on the surrounding neighbours. It was for these reasons that Council resolved that it did not support the application.
The applicant was informed of concerns with the application by council officers and advised that the application was unlikely to be supported.
The applicant chose not to make any changes to address the concerns raised.
Did CoM have a responsibility to inform the property owner about the planning application, given her proximity?
Yes, and we did so. Council notified the property owner via a letter on 20 March 2017. A letter was sent to the postal address provided to us by of the owner of the land. As well, letters were sent to the occupiers of surrounding land, including the 2 units next door to the development site.
Under the Planning and Environment Act, the land owners of adjoining and surrounding land are required to be notified of a planning application where the subject of the application may have an impact on their properties. The Act also states that occupiers of the properties be notified too. Where the land owner lives away from the land that they own, as is the case of this person, Council sends notice of a planning application to the address we have on our records.
How did the situation come to this?
We do not know why the adjoining land owner says that they did not receive notification of the application. Our records show that they were notified.
The Applicant has the right to appeal to VCAT whether Council has refused, imposed conditions they don’t agree with on a permit or where Council has not determined this application within the statutory time period of 60 days.
Is this a one-off or reflective of a greater problem? Does CoM have sufficient staff to process the number of planning applications?
No, it is not reflective of a greater problem.
Monash has a fantastic reputation as a thriving, cosmopolitan place to live. We are second only to the CBD as a centre for business activity.
These outstanding attributes have resulted in an increased demand for planning applications over the last few years.
We have added staff in our planning team to try and respond to this increasing demand.
Will Council consider reimbursing the ratepayer for the money she has spent at VCAT?
No, we won’t be reimbursing the ratepayer.
VCAT does not require any parties who initiate or join as a party to appeal to be professionally represented. It was the owner’s choice to engage a consultant to represent them at the hearing.
The role of objectors at VCAT, like this resident whose property is next to the proposed development, is to explain how a proposal will affect them. It’s not necessarily to explain to the Tribunal where a development complies or doesn’t comply with the Planning Scheme.
Ultimately, the case they put forward and how they might choose to be represented is a decision for them.
Why has Council not defended its decision at VCAT?
Council participates in every VCAT appeal in the Municipality. Council was represented at the VCAT hearing and argued strongly as to why the application should be refused by VCAT.
Issued: Thursday, 18 January 2018.
To: Monash Leader.
Quoting: Mayor, Councillor Paul Klisaris