Vicinity Centres Supreme Court action

Questions and Responses

Vicinity Centres has lodged an appeal with the Supreme Court over a recent VCAT decision which allowed Monash Council to levy an open space contribution on a subdivision of The Glen mall.

Will Monash Council defend the Supreme Court action?


What is the dollar amount of the levy the council is likely to impose? Or please provide as close an estimate as possible?

 The contribution will be 5% of the land value based on a valuation that will need to be undertaken.  Given that this valuation will need to be done, it is not appropriate at this time to speculate as to what a contribution might amount to.

If Monash Council is successful in applying the open space levy to Vicinity's subdivision, will it attempt to apply another open space contribution on the further subdivision the developer Golden Age  must make to get the project off the ground?

As part of any subdivision process, Council will consider whether an open space contribution needs to be made.  As subdivisions can take many forms, we can only determine this when we know what is proposed.  It is not possible to speculate whether an open space contribution would apply as we do not know what from any future subdivision might take.

What will the open space levy be used for?

Any contribution would be used in accordance with the Subdivision Act 1988, be it on the acquisition or improvement of open space.  No decisions on this have been made.

Is the fee likely to discourage densification and development in locations like The Glen which often are best placed for that type of development?

Council does not think so.  People developing land on such a scale would be aware that there is a requirement to provide open space on the land or make a contribution in lieu.  This should be factored into project costs when a scheme is being proposed.  We have seen many multi-level developments in recent times that have not raised any issue with providing open space or making open space contributions as they are required to.

Provided to:The Age

Date: 1 May 2018

Quoting: Mayor Paul Klisaris