Today objectors to the development at No 44 Kathryn Road of 2 double storey houses and eight single houses would have received notification that the developer has appealed the process to VCAT. The developer has appealed against the time taken by Knox City Council to make a decision on this matter. Councils must make a decision within 60 days of the close of the advertising period of the application. The developer has taken no notice of the reasons for the development being refused by council. The reasons being:
1. The development is contrary to Clause 19.03 and 21 (State Planning Policy Framework) and Clause 22.10 (Local Planning Policy Framework - Housing Policy) of the Knox Planning Scheme in the following instances:
(a) The site is not within a preferred location for new housing being outside an Activity Centre, Principal Public Transport Network and not an identified Strategic Redevelopment Site and is not consistent with the neighbourhood character of the area.
(b) The development does not comprise a range of dwelling size and type.
2. The development will detract from the garden character of the neighbourhood due to the extensive hard surface areas and is contrary to Clause 22.07 – Neighbourhood Character Local Planning Policy.
3. The development provides insufficient private open space to Dwellings 2 and 9, contrary to Standard B29 of ResCode.
4. The development (Dwellings 1 and 2) will unreasonably overlook adjoining properties contrary to Standard B22 of ResCode.
It seems that anyone that wishes to appear before VCAT to lodge an objection needs to complete the Form B Statement of Grounds, to appear at the hearing. We must lodge our objections again to VCAT.
VCAT has assured us that this application will not be heard until January 2009. Keep watching this page for updates.
Now objectors to this development might be surprised that this application has been refused by the Knox City Council planners without it going to a council meeting. Presumedly this action is to beat the 60 day rule. Why then couldn’t the planners for the No 44 development have taken the same action? In reading the report for No 44 Kathryn Road, which was presented to council at its September meeting, one would assume it was passed until you read the last paragraph. There are some serious questions that need to be asked about the action taken in the case of No 44 Kathryn.
The reasons for No 72 Anne Road & 61 Kathryn Road are:
All this action seems to be taking place either in the lead up to Christmas or just after when people are on annual holidays. Is this surprising that it makes it easier for the developer to get a favorable decision.
We must stand firm and keep on objecting otherwise our appeals to Knox City Council mean nothing.
Keep checking this page for further updates. A meeting of objectors is being planned for a date in the following week. Notices will be delivered shortly.