“It is considered that VCAT failed to give due regard to significant community input and has made a decision that is not supported by the local community or Council." (Councillor Chandler).
10 Aug 2012
Stonnington Council will appeal the recent VCAT decision on 590 Orrong Road, at the Supreme Court, based on an ‘error of law’.
The Victorian Administrative Appeals Tribunal (VCAT) had ruled in favour of Lend Lease, in July, granting a permit for a major, controversial development at 590 Orrong Road and 4 Osment Street, Armadale, which drew significant community objection.
Stonnington Mayor, Councillor John Chandler said:
“Council’s focus on appealing the VCAT decision is based on legal advice that there is an ‘error of law’ to be pursued, which presents the potential for a different decision to have been reached.
“The legal opinion considers that an error of law could be established, principally based on the tribunal’s express statement that “the number of objections to the proposed development was an irrelevant consideration.”
Cr Chandler also said:
“It is considered that VCAT failed to give due regard to significant community input and has made a decision that is not supported by the local community or Council. In Council’s view, the decision reflects a lack of consideration of neighbourhood character or respect for local community concerns around appropriate development.
“Council remains committed to seeking an appropriate planning outcome for the site.”
Documentation was lodged on Monday 6 August for Stonnington Council to be granted leave to appeal to the Supreme Court.