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.
Subscribe to:
Post Comments (Atom)
1 comment:
I don’t understand the lengths you are all going to, to prevent economic growth and environmental sustainability.
Civil Construction industries are dropping all over the place in Ballarat with Integra next on the list for bankruptcy and you are all supporting the closure of another local civil contractor. Soon there will be no one to fix your roads, wet lands will remain empty was there will be no one to install storm water infrastructure…
I understand that you are all concerned about noise pollution and the likes, but the industrial estate is already in existents and functioning as one. There is currently noise pollution, builders rubbish and the likes from existing industrial infrastructure in the area. Compared to those trucks that come in and out every day this noise is nothing.
Just remember YOU chose to build your “retirement homes” next to an industrial zone, which was already established prior to any of your homes going up.
Post a Comment