This is a contentious post because it asks the most basic questions – how should a council support its residents? What is the best way for a council to ensure that it is protecting the amenity of its residents? How much money should be expended on defending council planning decisions and supporting resident objectors? Is it better for example, to spend half a million dollars on erecting concrete plinth curbing in Caulfield Park, or using this money for expert testimony at VCAT? How much money should a council spend in defending its decisions at VCAT?
Glen Eira spends practically zilch on outside ‘experts’ – except when it suits their agendas! We’ve taken the time to go through various councils’ VCAT appearances and to note how often they employ outside expertise. We draw no conclusions as to outcomes. We’ve simply gone through sequentially 20 decisions for each of Glen Eira, Kingston, and Bayside and ask readers to once again compare how Glen Eira operates, in stark contrast to these other councils. They do not appear to have too many qualms in hiring experts to defend their cases. They spend rate-payers’ money trying to defend council decisions and supporting residents. Glen Eira cannot claim the same.
Below are tables for each council. Please note that the 2 times that Glen Eira hired ‘outsiders’, these cases involved the MRC where council’s lawyer practically did all the work for the MRC, and its ‘valuer’ when a resident objected to increased valuation on their property. All the rest of the time council officers have presented the case. It then becomes highly questionable whether these same officers, who possibly recommended the permits or conditions, can actually then turn around and argue against the original recommendation!
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VCAT HEARING |
COUNCIL REPRESENTATION |
| Pascoe v Glen Eira CC | Officer |
| Younes v Glen Eira | Officer |
| Baxas v Glen Eira CC | Officer |
| Imperium Design v Glen Eira C | Officer |
| Furman Construction (Vic) Pty Ltd v Glen Eira CC | Officer |
| Fredman Malina Planning v Glen Eira CC | Officer |
| Chipp v Glen Eira CC (Correction) | Officer |
| Sharp v Glen Eira CC | Officer |
| Healy & Anor v Glen Eira CC & Anor | Mr I Pridgeon, solicitor, Russell Kennedy |
| Mokro Pty Ltd v Glen Eira CC | Officer |
| Arch 10 Pty Ltd v Glen Eira CC | Officer |
| Blue Wolf Development Group Pty Ltd v Glen Eira CC | Officer |
| Glenhawk Pty Ltd v Glen Eira CC | Officer |
| Cullity v Glen Eira CC | Officer |
| Delanex Pty Ltd v Glen Eira CC | Officer |
| Popov v Glen Eira CC & Ors | Officer |
| Elfman v Glen Eira CC | Officer |
| Stanjkiewicz v Glen Eira CC & Ors | Officer |
| Glavinic v Glen Eira CC | Mr John Kennedy, of Patel Dore Valuers Pty Ltd appeared for the respondent municipality. (Note: this was about a resident contesting Council’s rate valuations!)
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| Gryngras v Glen Eira CC & Ors | Officer |
| Homes v Glen EiraCC | Officer |
| B Central Development Group v Glen Eira CC | Officer |
| McCabe Architects Pty Ltd v Glen Eira CC | Officer |
BAYSIDE
KINGSTON
| APPEAL | REPRESENTATION |
| Pace Development Group Pty Ltd v Kingston CC [2012] VCAT 831 | Mr Cameron Gentle, town planner of Hansen Partnership Pty Ltd. |
| Takla & Anor v Kingston CC [2012] VCAT 820 | Officer |
| Rodlink Pty Ltd v Kingston CC [2012] VCAT 694 | Mr Redmond McNamara, town planner of Hansen Partnership Pty Ltd.
Evidence was called from Mr Chris Coath, traffic engineer of GTA Consultants
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| Transpacific Waste Management Pty Ltd v Kingston CC & Ors | Mr Ragu Appudurai, Solicitor, and Mr Stefan Fiedler, Solicitor, of Russell Kennedy.
They called the following witness: Robert Henry Amaral, Geotechnical Engineer |
| Fastnet Consulting Pty Ltd v Kingston CC (Correction) | Ms. Maggie Ene, Town Planning Consultant, Brown & Tomkinson
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| Frederick Nudel & Associates v Kingston CC [2012] VCAT 611 | Officer
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| Tsganas v Kingston CC & Ors [2012] VCAT 602 | Mr R McNamara, Planning Consultant, Hansen Partnership |
| Camelia Woods Pty Ltd v Kingston CC [2012] VCAT 551 | Mr Cameron Gentle of Hansen Consultants.
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| Guastella v Kingston CC (Correction) [2009] VCAT 2015 | Mr Peter Soding (planner) of Tixxis Pty Ltd
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| Di Cosmo v Kingston CC [2012] VCAT 93 | Mr Cameron Gentle, town planner of Hansen Partnership
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| ARPC Consultants Pty Ltd V Kingston CC & Ors | Mr Gary Wissenden, Town Planner of Hansen Partnership
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| Pace Development Group v Kingston CC [2012] VCAT 38 | Mr Stuart Morris QC, barrister, assisted by Mr J Dabscheck, solicitor, Maddocks
He called the following witnesses:
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| Boxtel Homes Pty Ltd v Kingston CC [2012] VCAT 3 | Mr G Wissenden, Town Planner of Hansen Partnership.
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| Boxtel Homes v Kingston CC [2011] VCAT 2208 | Mr Gary Wissenden, Town Planner of Hansen Partnership Pty Ltd.
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| Rushworth & Ors v Kingston | Officer |
| Taylors Development v Kingston | Officer |
| PMC Developments Pty Ltd v Kingston | Ms Fiona Slechten, planning consultant of Brown & Tomkinson Pty Ltd. |
| Bjbac Pty Ltd v Kingston | Mr Cameron Gentle, town planner, Hansen Partnership Pty Ltd
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| Murray v Kingston | Mr Peter Soding, Town Planner of Tixxis Pty Ltd.
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| Salemi v Kingston | Mr Redmond McNamara of Hansen Partnership |
Illustration: Matt Davidson.