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.

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.................