This is a response to my email from Peter Shearman, which I think puts everything into perspective. I thought it worth sharing with everyone.

Cheers,

Ian

 

 A disappointing outcome but not unexpected after the previous two approvals.

 

It appears that there is nothing that council or residents can do to stop these overdevelopment's even when ResCode rules are flaunted..

Even our most obvious & sensible objections appear to have been given little or no weight in VCAT.

Essentially it appears to be nothing more than a rubber stamp approval process for developers.

 

But our efforts haven't been wasted.

1 We have delayed these projects by up to 12 months & in the current economic climate the developers may decide not to proceed especially if they are borrowing money.

2 We have cost the developers' a significant amount of money in fighting our objections & paying highly for expert witnesses.

3 We have made estate agents & developers wary of trying to get these developments through council in Knox.

4 We have made the council very aware that there is a huge groundswell against this type of development which they ignore at their peril

5 We have kept a real estate agent from becoming our local councillor

6 We have brought together a large number of residents who have stood up & been outspoken up about these developments

7 We have developed friendships with many of our neighbours.

 

Whilst we may not have stopped these developments we can still keep the pressure on by watching & recording the way in which these developments are built.

We need to take photos of all stages of the works especially noting any environmental damage, traffic problems, OH&S breeches, and unsafe work practices.

All of this can be used to fight future development proposals.

 

We need to take a few photo's up Kathryn Rd with no parked cars and then use this for comparison after these developments force cars to be parked on the street at all times of the day.

 

 

Planning Application for No 61 Kathryn Road/No 72 Anne Roads Gains Approval at VCAT

 Most of you probably received the frustrating news in today’s mail that VCAT have passed the Planning Application for Nos 61 Kathryn and 72 Anne Roads, opposite the fish and chip shops. In doing so, Madam Chair took more notice of the “Expert Witnesses” provided by the developer, than expert local knowledge. Following the hearing we were very confident that either changes would be made to the application or it would be refused, so assured we were that we’d counted or ‘trumped” extremely well all the arguments presented by the expert witnesses in Traffic Management, Landscape Architecture and the arborist.

To me the process demonstrates two clear problems for objectors, firstly the VCAT process provides easy access for developers and makes it more difficult for objectors to present their arguments. Developers always have the last say and are provided with the option of trying to counter our arguments, as happened in this case, without an opportunity for objectors to counter their lies or mistruths. Secondly, unless the council backs the residents’ arguments it is very difficult to get a clear hearing in VCAT. In this case the council did not present an argument against the removal of the trees, nor did it see any traffic management or parking problems with this development. The council’s planning policies do not stand up to VCAT’s interpretation. They are so loosely written that any interpretation is enabled by VCAT. The Knox City Council’s Planning Policies and in particular, the Housing Policy, must be rewritten to make their intention very clear. Apparently Maroondah Council have excellent success in defending their decisions in VCAT, as their policies are far more tightly written.

I would have thought that this was one development we’d really influence. This decision nearly makes our year’s effort and much personal cost absolutely wasted. We wait now for the decision for No 40 Kathryn Road. The hearing at VCAT for No 32 Kathryn Road is on 20^th May.

Thank you to everyone who joined the campaign to save Knoxfield. It seems our efforts have been in vain.

Ian Simpson

Journal - Planning Knox Council 8-4-09

 Planning policy blasted

BY WINSTON TAN

8/04/2009 10:30:00 AM

KNOX Council's planning policy has been slammed by residents opposed to overdevelopment in Knoxfield.

In recent weeks, residents have argued in the Victorian Civil and Administrative Tribunal against a number of proposed developments in the suburb.

Resident Ian Simpson said he had been disappointed by the lack of detail in the council's policies, which "no one" at VCAT understood.

He said council representatives who attended the tribunal appeared not to know how to interpret the council's policies and did not have an in-depth knowledge of the policy. When a VCAT chairman wanted to know about the nature of the council's 400-metre zone on neighbourhood character, Mr Simpson said the council representative was unable to answer.

"That was because it really wasn't detailed in the Knox Council planning policy - how it works, and how it should operate."

Director of city development Angelo Kourambas said the council's interpretation of its housing policy could at times differ from VCAT's interpretation.

"Council is looking at ways it can strengthen the policy to ensure greater clarity in line with its own expectations, and those of the community.

"A stronger housing policy would also be a helpful tool in assisting council [to] uphold its commitment to limiting unit development in areas not classified as activity centres."

Mr Simpson said he and other residents were involved in discussing planning matters with the council.

"They're reviewing the policies, and we've all had some kind of input into it. But I wish we had been to VCAT first and known what we'd talked about and what needs to be updated."

Mr Kourambas said the council was monitoring all housing approvals against the aims of the Knox Housing Statement, and will consider strengthening the

housing policy as part of its 2009-10 budget deliberations.

The council would also be monitoring VCAT's decisions affecting the housing policy.

"Council has made a submission to the State Government's residential zones review and will continue lobbying the State Government for more clarity and capacity to uphold the aims of its housing policy."

Mr Simpson said residents hoped their visit to VCAT would make an impact to ensure properties were not too overdeveloped and trees saved.

"But if they're all passed willy-nilly, we're going to be very exasperated."

 

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