Monday, October 22, 2012

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.

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At 3:33 PM, Anonymous Anonymous said...

GREAT stuff Sam, Love ya work!!!


At 6:00 PM, Anonymous Peter D said...

Don't waste my rates on this!

At 6:15 PM, Anonymous David Hooper said...

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?

At 10:37 PM, Blogger Soil Survivor said...

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.

At 10:41 PM, Blogger Soil Survivor said...

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.

At 11:27 PM, Anonymous Anonymous said...

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.


At 12:16 PM, Blogger Samantha Dunn said...

since writing this story legal advice indicated that there was no opportunity for the new council to hear this motion, read more here:


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