Close Menu
  • Home
  • News
  • Sport
  • Entertainment
  • Local History
  • Contact Us
  • Advertise With Us
  • About Us
  • Subscribe
  • Read Our Newspapers Online
    • Read the Latest Western Port News
    • Read the Latest Mornington News
    • Read the Latest Southern Peninsula News
    • Read the Latest Frankston Times
    • Read the Latest Chelsea Mordialloc Mentone News
  • Competition
  • Home New
Facebook X (Twitter) Instagram
Sunday, July 6
Facebook X (Twitter)
MPNEWSMPNEWS
  • Home
  • News
  • Sport
  • Entertainment
  • Local History
  • Contact Us
  • Advertise With Us
  • About Us
  • Subscribe
  • Home New
Breaking News
MPNEWSMPNEWS
Home»News»VCAT rebuke for shire delay
News

VCAT rebuke for shire delay

By Keith PlattJuly 19, 2021Updated:July 16, 2024No Comments4 Mins Read
Share
Facebook Twitter LinkedIn Pinterest Email

MORNINGTON Peninsula Shire has been told that its delay in releasing a planning report had jeopardised the legally required role of the Victorian Civil and Administrative Tribunal (VCAT).

VCAT member Michael Deidun said it took three requests “and a pointed reminder of the tribunal’s powers” before he was given the requested document.

“The intent of the council to not release the panel report until the business day after the scheduled final day of the [seven-day] hearing, coupled with its request that it be able to make further written submissions after that time, would have the potential to cause a delay to the determination of this dispute, and cause additional costs to be incurred by the parties,” Mr Deidun said in comments attached to his refusal of the council permit.

“While common sense eventually prevailed in this situation, council should act as a model litigant in tribunal proceedings, which includes being open and transparent about documents that it has at its disposal.

“Open and transparent decision making is a cornerstone of good governance. The easy access by the public to documents that help it to understand the basis on which decision making is made, also assists the public to have confidence in the integrity of the decision making process.”

One of the objectors to a permit issued by the shire also accused it of firstly refusing, and then delaying and frustrating, the release of relevant documents.

After complying with the shire’s freedom of information request the objector was asked to seek less information as “the work involved would substantially and unreasonably divert the resources of council’s sole, part time, freedom of information office for their other operations”. 

The permit issued by council – now refused by VCAT – gave the go ahead for a retirement village to be built within the Sorrento historic precinct on a one hectare property at 855-865 Melbourne Road.

Plans for the retirement village’s 39 multi-million dollar units in four two-storey buildings would also have been the first retirement village in the area.

During the hearing in April and June, VCAT was told by the developer that each of the three-bedroom units would “be sold at values upwards of $2.5 million”.

“This is not a retirement village for people who would otherwise be struggling to afford suitable housing,” Mr Deidun said.

“While I accept that a retirement village is a use that can be permitted … and that a retirement village may have a need for a larger footprint, the extent to which the proposed development will present broader building forms not characteristic of the surrounding neighbourhood … represents an inappropriate design ….”

Mr Deidun said the appearance of the four flat-roofed buildings was “very contrasting” to nearby buildings that sought to present “a scale and form that seek to reflect that of the existing heritage limestone cottages”.

“The heritage place is characterised by limestone cottages of a modest scale, with a relatively high level of articulation, and with pitched roofs.”

Mr Deidun did not think the planned buildings and landscaping would “achieve the stated desired outcome” of the shire’s planning cheme.

He was concerned by “the scale and breadth of the proposed buildings, and the nature in which they seek to defy the undulating topography of the land”. 

“A far more appropriate and characteristic response to this neighbourhood would see the disaggregation of the proposed buildings into far more modestly sized footprints, and a greater variation of heights provided to the separate buildings as they rise and fall with the undulating topography across the review site.”

In his finding against the council permit, Mr Deidun said he had “not been persuaded that the benefits … can possibly outweigh the very large negative impacts, or disbenefits, that are associated with the uncharacteristic built form and landscaping response that is proposed for the review site, as well as the impacts on the character of the heritage place”.

First published in the Southern Peninsula News – 20 July 2021

Share. Facebook Twitter Pinterest LinkedIn Tumblr Email

Related Posts

Advocates celebrate abuse law change

July 3, 2025

Railway station scam

July 1, 2025

Flinders result unaffected by poll blunder – AEC

July 1, 2025

Grand Hotel’s tower revamp signals new chapter for icon

June 26, 2025
Add A Comment

Comments are closed.

Peninsula Essence Magazine – Click to Read
Peninsula Kids Magazine – Click to Read
Letters to the Editor
Property of the Week

14 Bass Street, McCrae

June 3, 2025
Council Watch

Shire secures $3.9m to tackle road safety

June 16, 2025

Kinder flyer flag snub prompts councillors to take over

June 10, 2025
100 Years Ago This Week

Baxter – On The ‘Wallaby’ with a walking group

July 1, 2025
Interview

Firefighter shows skills from sea to snow

February 5, 2024
Menu
  • Home
  • News
  • Sport
  • Entertainment
  • Local History
  • Contact Us
  • Advertise With Us
  • About Us
  • Subscribe
  • Home New
About

Established in 2006, Mornington Peninsula News Group (MPNG) is a locally owned and operated, independent media company.

MPNG publishes five weekly community newspapers: the Western Port News, Mornington News, Southern Peninsula News, Frankston Times and Chelsea Mordialloc Mentone News.

MPNG also publishes two glossy magazines: Peninsula Essence and Peninsula Kids.

Facebook X (Twitter)
© 2025 Mornington Peninsula News Group.

Type above and press Enter to search. Press Esc to cancel.