PLA0310/17 - 60 Korumburra Warragul Road, Warragul
On 10 July 2019 Council passed a resolution in support of issuing a planning permit for multi lot subdivision application PLA0310/17 60 Korumburra Warragul Rd Warragul with an alternate recommendation regarding conditions. (A record of the Council Meeting and Notice of Decision to grant a planning permit can be found on our Council Meeting Minutes page.)
Council has subsequently been served with a VCAT order dated 11 July 2019 advising that the applicant had lodged an appeal pursuant to s.79 of the Planning and Environment Act 1987 for the failure of the Responsible Authority (in this case, Council) to grant a permit within the prescribed statutory timeframe.
The applicant applied to VCAT for review on 2 July 2019 but did not communicate this decision to Council officers or Councillors prior to the Council Meeting held on 10 July 2019 (the meeting at which the planning application was approved by Council). Because the applicant applied to VCAT before the date of the Council Meeting, the Notice of Decision to grant a planning permit no longer has any force and effect and the role of Responsible Authority has transferred from Council to VCAT.
The 60 Korumburra Warragul Road planning application is now subject to VCAT proceedings.
VCAT proceedings – key dates and objector information
Community members that are registered objectors to PLA0310/17 may participate in the VCAT process. To take part, registered objectors must join in the proceedings no later than 14 August 2019 by serving documents to VCAT and nominated parties.
For further information about VCAT proceedings, please visit the VCAT website.
Council issued formal correspondence to registered objectors in July advising of the current status and options moving forward. If you are a registered objector and have not received this correspondence, please contact Council’s Planning administration team by calling 5624 2411.
Council has requested that VCAT consider hearing the matter locally however we are yet to receive feedback regarding whether this option has been approved by the relevant Tribunal member.
VCAT Reference No. P1301/2019
Objectors to Join Proceedings By
14 August 2019
Practice Day Hearing
23 August 2019
16 October 2019
(No longer required)
Originally scheduled for 2 December 2019
Council will provide further updates as the matter progresses.
Despite the local community's interest and Council's request that VCAT consider hearing the proceedings at an alternate local venue, we have received notification from VCAT (dated Wednesday 14 August) that the Practice Day Hearing must be held in Melbourne. However, at this Practice Day Hearing, Council will have another opportunity to present the request for a venue change regarding the Compulsory Conference and Hearing scheduled to occur in accordance with the dates noted above.
Further, VCAT have offered parties that have joined proceedings the opportunity to request that they be heard via telephone as an alternative to attending in person at their Melbourne venue for the Practice Day Hearing.
Those parties affected by the requirement to travel are urged to apply directly to VCAT to be heard via telephone. To do so, interested parties must complete the ‘Telephone Attendance Request’ form(PDF, 530KB) and issue it to VCAT at least 2 days before the Practice Day Hearing scheduled for 23 August 2019.
Our next scheduled update will follow the Practice Day Hearing.
Council officers and external legal counsel attended the Practice Day Hearing on Friday 23 August. We wish to advise that Council has been unsuccessful in its request for the Compulsory Conference and Hearing to be relocated to a local venue. VCAT has determined that the matter must be heard at VCAT in Melbourne.
A further update on proceedings is scheduled to be provided closer to the date of the Compulsory Conference in October.
A successful outcome has been achieved for the Warragul community at a VCAT Tribunal compulsory mediation conference held on Wednesday 16 October regarding the subdivision at 60 Korumburra-Warragul Road (PLA0310/17).
Warragul community members, Council officers and external legal counsel were in attendance.
All parties worked together to achieve a positive and balanced outcome.
Key outcomes from the compulsory mediation conference include:
- A $350,000 lump sum payment will be made to Council by the developer for the design and construction of a shared pathway connection from the estate, along Bona Vista Road to the main roundabout abutting the Princes Freeway north of the subdivision land.
- The developer is required to pay the pathway contribution prior to the commencement of works for Stage 4 of the subdivision. Council will undertake the pathway construction in an appropriate timeframe to ensure that the community is able to benefit from the infrastructure as intended.
- A boundary road to the south of the subdivision will be constructed in its entirety to the full width of 16 metres, avoiding the partial construction outcome that was proposed by the developer.
- At the request of VicRoads, it was agreed they will have oversight of the site management plan. This overcomes concerns raised by VicRoads regarding adverse impacts to traffic flows on Korumburra-Warragul Road, resulting from the subdivision construction traffic increase.
Unnecessary legal costs to Council have now been avoided by settling the matter prior to the VCAT hearing originally scheduled for 2 December.
A VCAT Order will be issued which will see revised permit conditions that largely reflect those supported by Council in the 10 July 2019 Council meeting. This included an additional reserve area to be created to enable a neighbourhood park with a children’s playground to form part of the master plan.
It is anticipated that works will commence on the site in 2020 once all appropriate approvals in accordance with permit requirements have been obtained from the Responsible Authority.
Residents in the immediate vicinity will receive advance notice of the pending commencement of works from the developer as part of Site Management Plan requirements.