Council is preparing for a hearing on the proposed Development Plan for 89 Ross Watt Road Gisborne before the Victorian Civil Administrative Tribunal (VCAT).
Council’s strategic planning team completed a preliminary assessment of the Development Plan and referred the proposal to relevant authorities.
Based on its preliminary assessment it was identified that further information was required to support the proposal, this information was requested by Council on 24 December 2021. A further request for additional information was made on 28 February 2022. The further information requested by Council and various referral authorities was received in June 2022, however the applicant had already lodged a review at VCAT.
Council is yet to fully consider or form a formal position on the Development Plan application. The Development Plan will be considered at an upcoming Council Meeting to decide whether it will support or not support the proposal when considered by VCAT.
The developers recently lodged an appeal to VCAT against Macedon Ranges Shire for failure to determine a decision on its Development Plan DP/2021/1 and Planning Permit PLN/2021/616 relating to the site, formerly owned by the Barro Group.
Council has retained legal representation to assist with the hearing. At the moment the hearing date is not confirmed.
Greater Western Water, Department of Environment, Land, Water and Planning (DELWP), Department of Transport, Southern Rural Water and Melbourne Water (along with Council) have all raised varying concerns regarding the proposal that were awaiting further information.
Council has requested that these parties join the hearing.
Under the Development Plan Overlay, residents do not automatically have the right to appeal to VCAT regarding a permit application or application for approval of a Development Plan. If a Development Plan has been approved, third party notice and review rights before VCAT are excluded in relation to a permit application. If a Development Plan has not been approved, the permit application must be refused.
An affected person can apply to be joined to a proceeding under section 60 of the Victorian Civil and Administrative Tribunal Act 1998. In deciding whether to join a person to the proceeding, VCAT will have regard to provisions in the planning scheme that exclude participation by third parties and also the nature of the proceeding itself.
The decision to join an appeal is made by VCAT. For more information please contact VCAT.