I found these pictures on Bing when looking for shots of North Melbourne there was no attribution on 79 Canning St but at RAiD 3051 we love to hear from anyone who can tell us anything about it. I note the low rise medium density housing has not be built yet. The other photo is from a government archive of a Red Rattle crossing Macaulay Road.
Dear Neighbours – this update provides advice regarding a delay in the availability of the VCAT outcome which was expected by the end of March.
Jane Good of Brand Partners, our neighbour and legal advisor, who has supported our case at VCAT including instructing our barrister, Mr Ian Munt and expert witness, Mr Angus Witherby, received notification from VCAT on Friday, March 15 that due to a covenant on one of the properties comprising the proposed development site the VCAT Members are unable to make a decision on the application. To explain the situation the following draws on information from the VCAT Interim Order (dated March 12, 2013).
The issue: One of the lots that comprise the review site is affected by a covenant, in that it is to provide car parking to the benefit of another lot which comprises part of the review site. The process requires the Permit Applicant (Fabcot / Woolworths) to make a separate planning permit application to the Melbourne City Council, as the responsible authority, to remove the covenant. It is noted that parties at the hearing did not object to the removal of the covenant.
It is also noted that the Planning Minister has no authority to issue a Notice of Decision until such time as the covenant is removed. This is therefore embarrassing for both the Minister and the applicant (Fabcot/Woolworths) and should have been actioned BEFORE the permit application was lodged.
Required steps: Until the permit has been granted by the Melbourne City Council (MCC), the VCAT Members will not make a decision that could affirm or vary the decision of the Minister for Planning to grant a permit. A Mention Hearing for 12 April 2013 has been scheduled by the VCAT Members at which time the status of the removal of the covenant application is to be advised.
If the City of Melbourne decides NOT to remove the covenant Fabcot/Woolworths will be obliged to take the matter to the Supreme Court which will likely result in further delay and cost for them.
Implications for VCAT decision: Until the covenant is removed through the granting of a permit by MCC the VCAT decision will not be available. Given this the earliest we can expect the VCAT appeal decision is now mid April.