All indications are that the Final Hearing listed for 4 days commencing on Monday 23 November 2009 is proceeding as scheduled.
Our Barrister is ready to go and documents are forwarded to him as they are received.
The hearing is open to the public, and anyone can attend for any part of the hearing. Sitting hours are normally from 10.00 a.m. until 4 - 4.15 p.m. with a lunch break from 1.00 p.m. to 2 - 2.15 p.m. - times can be varied depending on the time taken by witnesses and the tribunal might adjourn earlier if a witness finishes, or sit later to finalise a witness's evidence.
VCAT is at 55 King St., Melbourne. Conformation that the hearing is proceeding each day can be obtained by going to the VCAT website www.vcat.vic.gov.au, clicking on "Daily Lists", scrolling down to "Planning & Environment List", and looking for "Robert E Hall & Assoc. & City of Ballarat". The next day's list is supposed to be posted by 5 p.m. each day, but is sometimes a bit later.
Thanks for your support and we'll keep you all updated.
Wednesday, November 11, 2009
Tuesday, August 4, 2009
Error in the Courier regarding VCAT hearing date
There is an error in the article titled "Hearing set for village plan" on page 4 of the Courier dated August 4.
With regard to the proposed recycling plant in Gregory Street West, the VCAT hearing WILL NOT start on Friday 7th of August as reported by The Courier.
What is scheduled for Friday is an Administrative Mention, prior to which the parties are required to advise VCAT of their preparedness for a final hearing.
We have made contact with The Courier to inform of their error and to print a correction prior to Friday August 7th.
Any queries please email us.
With regard to the proposed recycling plant in Gregory Street West, the VCAT hearing WILL NOT start on Friday 7th of August as reported by The Courier.
What is scheduled for Friday is an Administrative Mention, prior to which the parties are required to advise VCAT of their preparedness for a final hearing.
We have made contact with The Courier to inform of their error and to print a correction prior to Friday August 7th.
Any queries please email us.
Friday, July 10, 2009
VCAT Case Adjournment update
As most of you will know from mail received on Thursday 9th of July, VCAT has vacated the final hearing date on 13/7, and adjourned the matter for further administrative mention on 7 August.
This date seems to have been fixed by VCAT to fit in with the 30 day period which the responsible aboriginal authority has to consider the Cultural Heritage Management Plan (CHMP) lodged with it by the Applicant on the 30th of June.
A CHMP is required if there is undisturbed ground within 200 metres of a site proposed to be developed. Flax Mill Swamp adjoins the site and is largely undisturbed. Indeed, we argue that part of the Swamp is within the site.
Council's lawyer raised the absence of this CHMP and pointed out that VCAT could not hear the Application in its absence. This resulted in the Applicant seeking, and the Council consenting to the adjournment.
This means that we will be marking time for the next month, during which time we expect that all that will happen will be for the CHMP approval decision to be made, and outstanding expert reports commissioned by Council (from Environmental and, possibly, Acoustics experts).
The new final hearing date should be fixed after the administrative mention on the 7th of August, but in the ordinary course would be at least 6 weeks after that date unless a gap for a 5 day hearing appears in the VCAT calendar.
We will keep all of our contributors informed of any new updates. In the meantime, please keep checking this website.
This date seems to have been fixed by VCAT to fit in with the 30 day period which the responsible aboriginal authority has to consider the Cultural Heritage Management Plan (CHMP) lodged with it by the Applicant on the 30th of June.
A CHMP is required if there is undisturbed ground within 200 metres of a site proposed to be developed. Flax Mill Swamp adjoins the site and is largely undisturbed. Indeed, we argue that part of the Swamp is within the site.
Council's lawyer raised the absence of this CHMP and pointed out that VCAT could not hear the Application in its absence. This resulted in the Applicant seeking, and the Council consenting to the adjournment.
This means that we will be marking time for the next month, during which time we expect that all that will happen will be for the CHMP approval decision to be made, and outstanding expert reports commissioned by Council (from Environmental and, possibly, Acoustics experts).
The new final hearing date should be fixed after the administrative mention on the 7th of August, but in the ordinary course would be at least 6 weeks after that date unless a gap for a 5 day hearing appears in the VCAT calendar.
We will keep all of our contributors informed of any new updates. In the meantime, please keep checking this website.
Wednesday, July 8, 2009
IMPORTANT UPDATE REGARDING VCAT HEARING
Due to a defect in the Applicant’s case pointed out by the Council’s Solicitor, the case regarding the proposed Gregory Street Recycling Plant cannot proceed to final hearing at VCAT on 13th July 2009 as originally scheduled.
The future course of this case is still being resolved at the present time and we await details from all legal parties involved. We will directly advise our contributors as soon as new information comes to hand.
In the meantime, all funds contributed by our supporters will remain untouched in the Fighting Fund account. We will await advice from VCAT, Council and the Applicant’s legal representatives as to new details of the VCAT hearing.
Thank you to all of you who have so generously supported us. Do not hesitate to contact us if you have any questions. We will do our very best to keep all of our contributors informed. We will no longer be performing letter-box drops to all Lake Gardens residents but, instead, will be contacting our registered contributors via email or direct mail.
KEEP WATCHING THIS SPACE.................
The future course of this case is still being resolved at the present time and we await details from all legal parties involved. We will directly advise our contributors as soon as new information comes to hand.
In the meantime, all funds contributed by our supporters will remain untouched in the Fighting Fund account. We will await advice from VCAT, Council and the Applicant’s legal representatives as to new details of the VCAT hearing.
Thank you to all of you who have so generously supported us. Do not hesitate to contact us if you have any questions. We will do our very best to keep all of our contributors informed. We will no longer be performing letter-box drops to all Lake Gardens residents but, instead, will be contacting our registered contributors via email or direct mail.
KEEP WATCHING THIS SPACE.................
Friday, June 26, 2009
Council decides NOT to support Building & Construction Materials Recycling Plant at VCAT Hearing
Ballarat City Council voted NOT to support the Building and Construction Materials Recycling Centre application at the upcoming VCAT hearing.
The Council 7-1 vote approved the City of Ballarat Planning & Development Department's recommendation not to support the project. The report (compiled by Mr. Mukul Hatwal -
Team Leader Planning & Development) was presented to Council by Trevor McCullough, Director - Planning & Development.
South ward councillor Cheryl Bromfield was the only councillor to show support for the proposed development.
Mayor Judy Verlin was absent from the meeting due to her attendance at the inaugural Australian Council of Local Government conference in Canberra. The meeting was chaired by councillor Craig Fletcher in her absence.
We sincerely thank all of the Lake Gardens residents who attended the Council meeting. It was a clear demonstration that opposition to this development is strong and healthy!
This now means that Ballarat City Council will become an objector to the application at VCAT.
Lake Gardens 3355 Action Group are now focusing all our efforts and energies towards the July 13th Victorian Civil and Administrative Tribunal (VCAT) Hearing.
We will still be forging our own legal case at VCAT to oppose this development.
We cannot afford to become complacent. It's important to understand that the final decision as to whether this intrusive and inappropriate development goes ahead or not still lies entirely with VCAT and not Ballarat City Council.
Our fight is a long way from over! However, the Lake Gardens 3355 Action Group remains determined as ever to stop this development and, with only two weeks until the VCAT hearing, we are completely committed to continuing our opposition to this application on behalf of all of our supporters.
Residents who would like to attend the VCAT hearing are encouraged to do so. It commences at VCAT, 55 King Street, Melbourne on Monday 13 July at 10 a.m. and is scheduled to go for 5 days. The Daily Law List can be checked after 5p.m. each previous day to verify the case is proceeding. Go to www.vcat.vic.gov.au then “Daily Law List”, go down to “Planning & Environment List” and look for “Robert Hall & Associates & Ballarat C. C.”
A copy of the report presented to Council can be obtained from the following link:
http://www.ballarat.vic.gov.au/library/scripts/objectifyMedia.aspx?file=pdf/83/41.pdf&siteID=1&str_title=24%20June%202009%20-%20Ordinary%20Council%20Meeting%20Agenda.pdf
Ballarat Courier Article Links:
http://www.thecourier.com.au/news/local/news/general/angry-debate-in-council-over-recycling-centre/1550343.aspx
http://www.thecourier.com.au/news/local/news/general/council-urged-not-to-support-recycling-centre/1547698.aspx
The Council 7-1 vote approved the City of Ballarat Planning & Development Department's recommendation not to support the project. The report (compiled by Mr. Mukul Hatwal -
Team Leader Planning & Development) was presented to Council by Trevor McCullough, Director - Planning & Development.
South ward councillor Cheryl Bromfield was the only councillor to show support for the proposed development.
Mayor Judy Verlin was absent from the meeting due to her attendance at the inaugural Australian Council of Local Government conference in Canberra. The meeting was chaired by councillor Craig Fletcher in her absence.
We sincerely thank all of the Lake Gardens residents who attended the Council meeting. It was a clear demonstration that opposition to this development is strong and healthy!
This now means that Ballarat City Council will become an objector to the application at VCAT.
Lake Gardens 3355 Action Group are now focusing all our efforts and energies towards the July 13th Victorian Civil and Administrative Tribunal (VCAT) Hearing.
We will still be forging our own legal case at VCAT to oppose this development.
We cannot afford to become complacent. It's important to understand that the final decision as to whether this intrusive and inappropriate development goes ahead or not still lies entirely with VCAT and not Ballarat City Council.
Our fight is a long way from over! However, the Lake Gardens 3355 Action Group remains determined as ever to stop this development and, with only two weeks until the VCAT hearing, we are completely committed to continuing our opposition to this application on behalf of all of our supporters.
Residents who would like to attend the VCAT hearing are encouraged to do so. It commences at VCAT, 55 King Street, Melbourne on Monday 13 July at 10 a.m. and is scheduled to go for 5 days. The Daily Law List can be checked after 5p.m. each previous day to verify the case is proceeding. Go to www.vcat.vic.gov.au then “Daily Law List”, go down to “Planning & Environment List” and look for “Robert Hall & Associates & Ballarat C. C.”
A copy of the report presented to Council can be obtained from the following link:
http://www.ballarat.vic.gov.au/library/scripts/objectifyMedia.aspx?file=pdf/83/41.pdf&siteID=1&str_title=24%20June%202009%20-%20Ordinary%20Council%20Meeting%20Agenda.pdf
Ballarat Courier Article Links:
http://www.thecourier.com.au/news/local/news/general/angry-debate-in-council-over-recycling-centre/1550343.aspx
http://www.thecourier.com.au/news/local/news/general/council-urged-not-to-support-recycling-centre/1547698.aspx
Thursday, June 11, 2009
Council to make a decision on whether or not to support application for Materials Recycling Facility
Ballarat City Council has now placed the matter of the Materials Recycling Facility in Gregory Street West on their Council Meeting Agenda.
WHEN: Wednesday, 24th June
TIME: 7.00PM
WHERE: Town Hall
(cnr Sturt and Armstrong Street South, Ballarat)
At this meeting, Council will decide what position it will take at the July VCAT Final Hearing.
Lake Gardens 3355 Action Group have nominated a representative to put our case before the Council at the June 24th meeting.
We need support from all those who oppose the Recycling Facility application.
Please attend this Council meeting if you are able to do so.
WE HAVE TO BELIEVE IN PEOPLE POWER!
WHEN: Wednesday, 24th June
TIME: 7.00PM
WHERE: Town Hall
(cnr Sturt and Armstrong Street South, Ballarat)
At this meeting, Council will decide what position it will take at the July VCAT Final Hearing.
Lake Gardens 3355 Action Group have nominated a representative to put our case before the Council at the June 24th meeting.
We need support from all those who oppose the Recycling Facility application.
Please attend this Council meeting if you are able to do so.
WE HAVE TO BELIEVE IN PEOPLE POWER!
Sunday, May 3, 2009
May Update
The VCAT hearing scheduled to commence on 11 May 2009 has now been vacated. The Applicant wanted to lodge amended Plans and supporting documents, but still proceed to hearing on 11 May. The Council, Central Highlands Water and objectors requested adequate time to consider these amendments before the Hearing of the Application to build a Construction Materials Recycling Facility at Gregory Street West .
This matter is now listed for hearing at VCAT on 13 July 2009
Ballarat City Council has still not made a decision regarding its position on the Materials Recycling Facility. It will now do so after the Applicant submits amended plans which VCAT has ordered be served no later than the 1st of May. We do not have any idea what format these amended plans will take, but it is reasonable to assume that with the expertise now at his disposal, the amended proposal will try to overcome a lot of the shortcomings of the original. This will make successful opposition to the proposal all the more difficult. The Applicant appears as determined as ever to forge ahead with the Recycling Facility and we are aware that he has retained a lawyer of considerable expertise as well as several expert witnesses to support his bid for the Permit to construct this facility. He means business and we have a fight ahead of us!
The Lake Gardens 3355 Action Group is continuing to work as hard as we can. We have met with Town Planning experts and will retain lawyers to represent us.
VCAT continues to estimate that the hearing will last 5 days.
Given what will now confront us at the VCAT Hearing, our Fighting Fund will most likely be insufficient to pay for the level of representation that we would like. It is no use retaining the services of just anyone. We need to retain someone who gives us a fighting chance!
There were 93 Lake Gardens residents who sent their objection forms to VCAT. Out of that 93, only 54 have contributed to our Fighting Fund, that’s only 58% of objectors who have contributed. In fact, in the total Lake Gardens residential area, only 15% of residents have contributed. We understand that these are difficult financial times for many people. However, if we don’t get adequate legal representation, we do not have any chance at all of stopping this plant or, at the very least, limiting the operations of this plant so as to minimize the extent to which it will adversely affect our quality of life here in Lake Gardens and the greater Ballarat Community.
We send our deep appreciation to all those who have contributed to our Fighting Fund. We are not asking you to give any more than you have already generously contributed (although, of course any additional payments will be welcome!)
However, if you haven’t yet contributed, we really do urge you to do so, particularly if you took the time and effort to send in those original VCAT objection forms. All Lake Gardens residents opposed to the Recycling facility will benefit from what we are doing, and we respectfully suggest that it is not particularly fair that only some of those who can afford to do so have contributed financially
If you want to stop this recycling facility you need to act! The best way to do this is via the legal
representation we retain to collectively represent us. Please don’t leave this fight up to only 15% of the Lake Gardens community. We need to join together and collectively give this fight our best shot!
We thank all those who have taken the time to support us. The majority of financial contributions have been between $50 and $200. We will keep you informed of further updates as soon as we have them.
A representative from the Lake Gardens 3355 Action Group will be at Providore Cafe on Saturday, 9th May between 9am - 10am for those wanting to make a contribution.
Any further queries can be directed to: lakegardens3355@gmail.com
The Lake Gardens 3355 Action Group is continuing to work as hard as we can. We have met with Town Planning experts and will retain lawyers to represent us.
There were 93 Lake Gardens residents who sent their objection forms to VCAT. Out of that 93, only 54 have contributed to our Fighting Fund, that’s only 58% of objectors who have contributed. In fact, in the total Lake Gardens residential area, only 15% of residents have contributed. We understand that these are difficult financial times for many people. However, if we don’t get adequate legal representation, we do not have any chance at all of stopping this plant or, at the very least, limiting the operations of this plant so as to minimize the extent to which it will adversely affect our quality of life here in Lake Gardens and the greater Ballarat Community.
We send our deep appreciation to all those who have contributed to our Fighting Fund. We are not asking you to give any more than you have already generously contributed (although, of course any additional payments will be welcome!)
However, if you haven’t yet contributed, we really do urge you to do so, particularly if you took the time and effort to send in those original VCAT objection forms. All Lake Gardens residents opposed to the Recycling facility will benefit from what we are doing, and we respectfully suggest that it is not particularly fair that only some of those who can afford to do so have contributed financially
If you want to stop this recycling facility you need to act! The best way to do this is via the legal
representation we retain to collectively represent us. Please don’t leave this fight up to only 15% of the Lake Gardens community. We need to join together and collectively give this fight our best shot!
We thank all those who have taken the time to support us. The majority of financial contributions have been between $50 and $200. We will keep you informed of further updates as soon as we have them.
A representative from the Lake Gardens 3355 Action Group will be at Providore Cafe on Saturday, 9th May between 9am - 10am for those wanting to make a contribution.
Any further queries can be directed to: lakegardens3355@gmail.com
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