tecoma supermarket update

As a follow on from an earlier blog update (24 Jan 09), SaveTecoma contacted me with some questions about the VCAT process.

What does it mean to the 400+ people who have objected if it (the application) is going straight to VCAT, do our objections get looked at?

For the objectors concerns to be thoroughly considered by VCAT, the objector would be required to lodge their full objection with VCAT and become a party to the hearing. Council only provides a brief summary of concerns raised as part of our submission.

The process to be a party to the appeal is that the applicant for the permit must send a copy of their application for review (appeal to VCAT) to Council and the objectors. Once the objector receives a copy of the application for review (including supporting documents telling the objector how to lodge their concerns with VCAT) they then need to lodge their objection with VCAT within 14 days and send a CC to the applicant and Council.

The objection to VCAT can simply be a copy of the one already sent to Council.

Do residents get to be involved in the process??

Yes if they choose to be a party and send a copy of their objection to VCAT as detailed earlier on.

Do VCAT make a decision without the VIC Roads traffic report?

This is not likely but they can if Vic Roads hasn’t responded in a reasonable time before the hearing.

When is it being heard by VCAT?

No date has been determined yet but at this stage dates are being set around May 2009.

If you want to be sure that your objection counts at the hearing you must make sure VCAT receives an objection from you, remember this can be a copy of your original objection to council.

VCAT have advised SaveTecoma that council won’t be making a decision. Whilst VCAT is now running the process, Council must still make their decision and put forward their position in a formal report which is then presented in person at the VCAT hearing.

With this particular application there was always a good chance it would end up in VCAT if not via the applicant, the objectors most likely would have lodged an appeal. As it turns out in this case the applicant lodged an appeal.

I welcome your call or email to talk through the process and can be contacted on 9752 6869 or s.dunn@yarraranges.vic.gov.au.
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