Readers may remember a highly contentious planning application for 1a Albany Court, North Caulfield. This was for the extension of numbers and access for a synagogue. The gallery was full of objectors and the decision by councillors was split. This has now gone (again) to VCAT in the hope to extend the pedestrian carriageway. The full VCAT decision may be accessed at: http://www.austlii.edu.au/au/cases/vic/VCAT/2012/669.html

We present some extracts from the member’s decision which highlights the fact that Council:

  • Hasn’t sought enforcement orders for continual breaches of the permit
  • Hasn’t bothered to notify residents of this new application

“The Council explained there had been a synagogue (shul) operating at 1A Albany Court for a number of years without planning approval.”

“Nearby residents oppose this application for two main reasons. The first reason is the history of non-compliance by the permit applicant with the planning scheme (for operating an illegal synagogue); with the current planning permit (for erecting a walkway that is not on the land to which the permit applies); and other non-compliance with permit conditions. This is not a matter that I can deal with as this application is not an enforcement proceeding for compliance with the planning permit.”

“The Council initially opposed this amendment but during the hearing advised it no longer opposed this because the amendment is a relatively minor requirement. On the face of it, the creation of an easement may be considered a secondary aspect of this proposal. However, it is also an aspect for which separate planning permission is required and the Council needs to then determine if material detriment may result that necessitates the giving of public notice. As the planning application lodged with the Council has not been processed, I am not aware if the Council made a decision on this aspect of the processing of the application. In any event, the notification given as part of this section 87A application was limited to four properties at 2 and 3 Albany Court, 4 Grimwade Court and 18 Kambea Grove. If notice was required as part of a planning application, it would have been to at least the adjoining properties (as the Planning and Environment Act 1987 requires), and the notification undertaken by the Applicant in this case does not include all properties adjoining 2 St Aubins Avenue. Further, the extent of notification given in this application did not include all persons who originally objected, nor the persons who were originally notified of the proposed synagogue at 1 and 1A Albany Court (as identified in the Council’s Practice Note material provided to the Tribunal after lodgement of this application). For all of these reasons, I am not persuaded it is appropriate to include the additional planning permission for the creation of an easement in this permit”