urgent business
At tomorrow nights council meeting (23/10/12) I will be raising an
urgent motion for council to consider lodging a Supreme Court appeal in
relation to the VCAT decision P3933/2011 McDonalds v Yarra Ranges Shire Council and others.
Any urgent motion is considered in item 9 on the agenda “Councillor
Motions”, this is after council have heard the other business items on the
agenda.
As it is an “urgent motion”, I first need to seek leave for the motion
to be heard at all, this needs the majority support of councillors.
If I get permission I’ll be asking council to support an appeal to the
Supreme Court.
If I can’t get leave for that motion, I will again seek leave for
another urgent motion to call a special meeting of the new council (this also requires
the majority support of councillors).
If I get permission on that one I’ll be moving a motion to support the
call for a special meeting of the new council to consider lodging a Supreme Court
appeal.
Labels: cr samantha dunn, mcdonalds, tecoma, vcat
posted by Samantha Dunn @ 12:27 PM
7 Comments:
GREAT stuff Sam, Love ya work!!!
Jaxon
Don't waste my rates on this!
What's the likelihood of success in being supported by the majority of other Councillors? Do you feel the community should perhaps contact some of these Councillors to exert some pressure?
Considering how broadly VCAT interpreted the law and its jurisdiction when it came to McDonald's request, versus how narrowly it interpreted it when it came to YRS's points, there should be grounds for appeal to the Vic Supreme Court.
VCAT's decision is cleary biased and cannot be allowed to stand. This is no longer about Maccas, but about a community's rights and planning jurisdiction. VCAT far overstepped the bounds of their authority. What the council decided in denying Maccas permit was legal and well within the council's own published guidelines and plan for economic growth in the region. VCAT's decsion cannot be allowed to stand as it threatens all communities; not just the Yarra Ranges Shire.
Thank you for your motion Cr Samantha Dunn. Both Cr Noel Cliff and yourself showed vision and leadership. You were the only Councillor to acknowledge the crowd of people in attendance before the meeting commenced, and I respect and appreciate your approach and sincerity.
I felt your reference to the oath and willingness to represent fellow local community members to be very authentic, and as such I look forward to meeting you soon and am considering a path to join local council in future, I feel the voice of young females are needed.
Thank you again for your leadership.
Sarah
since writing this story legal advice indicated that there was no opportunity for the new council to hear this motion, read more here: http://crdunn.blogspot.com.au/2012/10/appeal-no-go.html
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