VCAT Hall of Fame: Rejected
In an unprecedented move, VCAT last year refused a planning permit for a proposed development in Cowes.
Planning: our future
In this second last week of our planning series we look at planning from both an objector and developers’ perspective, battles, failures and controversies.
VCAT hall of fame
The Victorian Civil and Administrative Tribunal (VCAT) is the state body that makes rulings on planning disputes, aiming to find common ground between objectors, developers and the shire.
There are numerous examples over the past decade of VCAT battles, showing developers often but don’t always win, and ultimately – and critically – VCAT is guided by our local policies.
REJECTED
In an unprecedented move, VCAT last year refused a planning permit for a proposed development on Cowes’ renowned Lovers Walk because it would “loom large from the foreshore”.
VCAT member Michael Deidun ruled he would not give a permit to the application in Charmandene Court, which was to build one double storey dwelling in the northern section abutting Lovers Walk and a single storey dwelling in the south.
The owners took the shire to VCAT for a failure to decide on the permit within the prescribed statutory timeframe.
Councillors agreed with shire planners that a planning permit be refused because it failed to minimise coastline impact and was at odds with neighbourhood character.
The owners of the property lodged revised plans, with councillors at the July meeting again voting to reject.
The permit received seven objections and during the VCAT hearing objectors approved the revised plans.
However, VCAT refused the permit
A historic Norfolk pine tree, which was more than a century old, was cut down by the owners in 2019 and Mr Deidun questioned the date and motive for other vegetation removal, concluding “it is arguable whether the trees have been removed to gain a development advantage”.
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