VCAT and No 40 Kathryn Road

Today we’ve spent a day in VCAT for No 40 Kathryn Road, our third to date and Knox City Council’s Planning Policies are not standing up to scrutiny, being constantly criticized by members for lack of detail and direction to their representative. I felt very sorry for the representative today as the chair constantly questioned him, for which he had no answers. No wonder Knox loses the most cases at VCAT. It is constantly being compared with Maroondah which apparently has very tightly written planning policies.

Today when discussing Knoxfield Neighborhood Activity Centre and whether the 400 metre zone was appropriate, we were told that Knox City Council’s planning policies should reflect the wishes of the residents. I was told today that obviously KCC has not helped the residents with the 400 metre zone around Neighborhood Activity Centres. These planning policies certainly do not reflect the wishes of the residents.

Again a formidable team of objectors attended VCAT. David and Valerie Chaney presented a strong case based on overdevelopment, lack of adherence to Rescodes, and general design faults with this development. David compared other decisions from VCAT to support his case. Obviously by the questioning from the chair good arguments were presented. Ian Simpson’s case centred on vegetation removal, affect on wildlife, community support of a leafy green environment without two storey townhouses and traffic on Kathryn Road. Joyce Ward presented a passionate argument for children, problems with infrastructure, safety of residents and overdevelopment. Lip Tan’s argument centred around his lack of privacy being a next door neighbor. Irene Fullarton discussed and outlined scientific evidence on the value of and importance of trees to our environment.

I gained the opinion that the member was going to make a decision today from his earlier comments. But this proved not to be the case and he reserved his decision to have a site inspection. We must have made some impact. All we can do know is hope. We’ve given it our best effort. Many thanks to the residents that attended today as observers to support our case.

Ian Simpson

A Day at VCAT for No 71 Kathryn and 72 Anne Road.

Yesterday David and Valerie Chaney, Iren Fullarton, Joyce Ward and Ian and Maree Simpson attended a VCAT hearing for No 61 Kathryn and 72 Anne Road, opposite the shops. Council was represented by a private Consultant Town Planner.

We presented our arguments exceedingly well, covering removal of vegetation, traffic congestion especially with three driveways opposite the shops, the overdevelopment of the proposal, the damaging effect on Knoxfield’s wildlife, safety aspects for children walking to school and parents to the kinder establishment and sustainability of the development.

It was really interesting to learn that the Knox City Traffic Department, didn’t oppose the development as a traffic or parking concern. Neither did the Knox Council oppose the removal of the vegetation from the site, but preferred an Onset Agreement to replace existing trees lost by this development. How do we get them to understand that the wildlife of Knoxfield cannot wait another 15 years for these trees to grow? What about the effect on our environment in a time of climate change when up to 16, 100 year old trees are removed. Where do the parrots find new hollows to nest in? The questions flood to mind, but it seems that no one cares. We all thought and felt proud that Knox was committed to keeping our suburb, leafy green and a welcome place for our wildlife. The way things are going there will not be any old urban forest canopy trees left in Knoxfield. I wonder what the council’s report into the unique character of Knoxfield’s trees will report. Sorry we couldn’t find any trees.

The council didn’t find need to oppose the removal of vegetation, or concern with traffic problems but the developer was so concerned that he employed three expert witnesses to counter our arguments. Valerie and David Chaney researched and refuted the claims of the expert witness for traffic. His claims of available parking, dangers for local traffic with the development were counted expertly, but after lunch he arrived late with new counts of parking spaces available and traffic measures to permit traffic access to the site. Irene Fullarton and Ian Simpson tackled the vegetation removal and landscape problems so well, the expert witnesses were sometimes finding it difficult to counter the arguments presented. Joyce Ward in her excellent style, presented arguments to demonstrate this development was not child friendly and created dangers for children living onsite and those passing to school. Joyce also mentioned that the current infrastructure was hardly coping with the current population. David Chaney in his usual professional style brought the attention of the tribunal to lack of adherence to the Rescodes, especially to set backs on Kathryn Road.

The tribunal Chairperson is to make a site visit and we will learn of her decision in the near future.

On the 30^th March at 10.00am we return for the hearing on No 40 Kathryn Road. This is we must win to prevent double storey townhouses lining Kathryn Road all the way to the Knoxfield shops and 60 double storey townhouses on the six acre blocks. Please try to make it to VCAT we need people at the hearing. Yesterday 6 objectors attending out of 114 initial objections did not look good at the tribunal and certainly wouldn’t have pressured the chairperson to favour our arguments, especially when the council didn’t support them.

Ian Simpson

Future Hearings at VCAT - Help

 The future hearings at VCAT are for the following planning applications:

·    15^th March at 10.00 am – Nos 61 Kathryn and 72 Anne Roads

·    30^th March at 10.00 am – No 40 Kathryn Road

·    20^th May at 10.00 am – 30 Kathryn Road

If you have time to attend or present a case at VCAT for any of these applications we would appreciate your assistance.

Maybe you would just like to assist us in collecting evidence, such as traffic counts on Anne and Kathryn Roads, searching evidence for retention of trees in a Vegetation 3 Overlay Protection Zone, researching wildlife numbers, researching parking problems at the Anne Road shops or by contacting David and Valerie Chaney or Ian and Maree Simpson at 28 and 30 Kathryn Road.

Looking forward to your assistance. Together we’ll win this fight. Remember 10 Valetta Close and 50 David Street may well be next at VCAT.

Ian Simpson

VCAT Hearing for No 44 Kathryn Road - 5th March 2009

 Today seven residents attended and presented submissions to VCAT for the No 44 Kathryn Road Hearing.

Madam Chair Fong presided over the hearing and provided a fair hearing for all that attended. Mr. Simon Skinner, a consultant town planner, represented the Knox City Council. Simon presented the Knox Council case in a clear and precise manner and generally covered many of our concerns.

David Chaney led our case strongly with concerns about non-adherence to ResCodes, and planning issues that did not meet Knox Council Planning Guidelines. David presented a case for 8 single storey dwellings on this site.

Valerie Chaney’s case centred on evidence collected that double storey townhouses does not meet the landscape of Knoxfield and therefore cannot be considered as neighborhood character. Out of over 2,000 properties studied only 65 were double storey. Valerie suggested that 7 single storey dwellings would be a good result.

Ian Simpson’s case centred around the quality of life and mental well-being of Knoxfield residents, how two storey townhouses destroy the open space and contrast with the leafy green image of the environment of Knoxfield, Vegetation 3 Overlay Protection of trees in the area, sustainability, community support via two petitions, the effect on wildlife, safety of children, increase in traffic, the fact that 4 developments are to be considered by VCAT all from a short distance in Kathryn Road and then presented an alternative plan for 6 single storey houses.

Joyce Ward’s case centred around the needs of children in a development of this type, problems with infrastructure in the area, visitor car parking and increasing traffic on Kathryn Road.

In conclusion Simon Skinner, on behalf of Knox Council presented an alternative plan to reduce the plan to 8 single storey dwellings without the two double storey houses. The council plan incorporated many of the residents objections to the plan and all respondents present considered this plan to be a worthy compromise. Obviously the developer did not agree.

Madam Chair Fong concluded by stating that she would make a site visit in the future and present her findings at a later date.

I’m confident and hopeful that the Knox Council proposal will be accepted by VCAT. Well done to everyone that presented and attended in support.

Ian Simpson