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


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