Sunday, October 14, 2012

where to from here

These indigenous plants were donated by the Southern
Dandenongs Community Nursery.
I attended the community action in Tecoma today, more than 500 people attended, coming together to protest the VCAT decision to allow McDonalds to go ahead in Tecoma. What an enormous response from the community, it doesn't surprise me, the Dandenong Ranges people are passionate about the area.

There's plenty of pics of the day across many social media sites and the No Maccas in the Hills webpage, as well as news coverage of the day.

I have asked the Shire's legal team to review the VCAT decision to see if there's any avenue to appeal through the Supreme Court, I'm still awaiting the outcome of that.

The VCAT decision can only be appealed at the Supreme Court on a question of law, not because there's disagreement with the decision. So it's about seeing if the law has been followed, it's not about the merits of the decision.

I'll keep you posted as I get advice back.

A consistent conversation throughout the day was the flaws with a planning system that allows objectors to participate but then discounts those objections when it comes to appeal at VCAT. As I've said already the decision paid scant regard to community concerns and the concessions to the community are what I'd describe as "window dressing".

The resolve of people to continue the fight was inspiring and I'll be there supporting them.

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6 Comments:

At 12:32 AM, Anonymous Anonymous said...

Thank you for your participation today and your commitment to seeing that the peoples ideals are being met. Its good to see a councillor 'getting their hands dirty' and standing true to their convictions. We have a chance to build something great here, not a monument or building but somthing more substantial. We have the chance to build a stronger more caring community.
-Eric

 
At 1:07 AM, Anonymous Peta Freeman said...

Just a quick question for Samantha, you mentioned over the weekend that it was highly unlikely that the council could afford to take the case to the Supreme Court even if there are legal grounds for doing so. You also mentioned the fact that you are currently going through the "caretaker" period where council are unable to spend any money due to the upcoming election, which rules out spending funds on such an appeal. I'm just wondering if this is worth mentioning in your article as there is only a 28 day window available to appeal the VCAT verdict through the Supreme Court and members of the community may wish to seek independent legal advice on the VCAT decision before this window closes?

 
At 7:48 AM, Blogger helen macinnes said...

you're the best sam! thanks for everything - all of your hard work doesn't go unnoticed.

 
At 7:55 AM, Blogger Stan McCredden said...

Keep fighting,Samantha. We admire you
and appreciate your efforts
Stan and Lorna McCredden.

 
At 8:38 AM, Anonymous DaveV said...

Now is the time to continue the fight, be it an election year or not, as the outcome will effect you later on.
Stonnington council are the leaders when it comes to fighting VCAT and winning. Look at what they are currently doing in the Supreme Court after a similar decision by VCAT to approve a redevelopment of a site that they themselves denied.

http://www.stonnington.vic.gov.au/residents-and-services/planning/planning-news/590-orrong-road--4-osment-street-malvern/

Its time to really fight or your entire political career could show only this result.

 
At 7:27 PM, Blogger scorpiowoman said...

I would be interested to know whether you've heard anything from the council's legal team after reading via a Facebook page that the council is not going to attempt to challenge VCAT's decision.

 

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