Council to fight ‘slum’ development

A Drouin residential development described by a Baw Baw Shire councillor as a “slum” will be opposed at the Victoria Civil and Administrative Tribunal.

The proposal to develop 20 houses on a property in Monica Drv, that also adjoins a heritage tree stand in Monica Drv, was not supported by council in March.

Cr Danny Goss said nothing had changed since council’s decision in March and council should fight the application at VCAT.

He said it had been described in March as a “dog of a development,” a “fair dinkum dump” and it would be “the slums of Drouin in years to come.”

The matter was considered by VCAT last month because the developer lodged an appeal on the grounds council failed to deal with the planning permit application within 60 days.

The VCAT compulsory conference involved six objectors and representatives of the developer and council.

In a report to council, officers said an agreement was reached between the objectors and developer, and council was now the only remaining party to the appeal.

But, two objectors who were involved in the VCAT proceedings told council last week they were not aware of the processes at the compulsory conference.

Judy Farmer and Joan Nichol told council they were unable to talk about what occurred during the compulsory conference but both said they had limited knowledge of the process and felt “very stressed and very pressured” during the VCAT proceeding.

Mrs Farmer said she was not happy with the outcome and urged council to stand by its March decision.

“Council needs to make it clear to VCAT we don’t want this development…we don’t want the houses this close to the trees,” she said.

Mrs Farmer also urged council to put in place regulations, policies and safeguards through neighbourhood overlays and good planning to ensure this never happened again.

Despite planners recommending council accept VCAT’s position following the compulsory conference, council decided it would make representation to VCAT, pointing out the planning deficiencies of the application and the “direct risks associated with allowing homes to be built in a tree fall zone.”

Cr Tricia Jones said this was not the “usual development we’ve had in Baw Baw Shire.”

“We voted against it and the VCAT decision has not remedied any of council’s concerns or the concerns of objectors,” she said.

Cr Jones said council had a duty of care to future residents in a tree fall zone and council did not want a repeat of problems in the Crystal Waters estate.

She said after the Crystal Waters problems, council was preparing a tree risk protection policy and “that would be very handy today.”

Cr Jessica O’Donnell said this was an over development of the site.

“We run a risk in starting a precedent in Baw Baw Shire. This is 1.3 acres with 22 dwellings and it’s a gross over development of land,” she said.

Cr Mikaela Power said she was on council when the problems with trees within the Crystal Water estate came to council and it was a “terrible situation.”

“Given we are likely to bare costs further down the track as a consequence, it’s worth pursuing not only because of the aesthetics but the cost to the community,” she said.

Cr Darren Wallace spoke against the motion. He said the matter needed to be resolved.

“VCAT have made their decision on this matter and I’m not in a position to challenge their expertise in planning.

“Whether we think it’s right or wrong VCAT thinks its okay and that’s enough for me,” he said.

Cr Peter Kostos said council was not voting against the development but a VCAT ruling.

“I don’t believe there have been many decisions when VCAT have overturned their own decision.

“Think we are batting against the wall and it will cost council,” he said.

Cr Goss said it was obvious the residents voted for something at the VCAT compulsory conference during a process they did not understand.

He said he agreed VCAT had probably made up its mind, he was on council to represent the ratepayers “and the people in the area want us to vote this way.”

Crs Jones, Goss, Power, O’Donnell and Keith Cook voted for the motion while Crs Wallace, Kostos and Joe Gauci voted against. Cr Michael Leaney was absent.