Appeal halted

By Tania Martin
AN INTERIM vegetation protection overlay has halted an appeal toVCAT by proponents of a controversial Emerald development.
After months of speculation, the appeal aginst Cardinia Shire’s refusal to grant planning permission for a four-storey development at 386 Belgrave-Gembrook Road, has come to a grinding halt.
The shire received an interim vegetation protection overlay from the Planning Minister, Justin Madden, just days before the development went before the Victorian Civil and Administrative Tribunal (VCAT).
The case has now been deferred until June so that the developer can have time to look at how the overlay might affect his proposal.
Cardina Shire Ranges Ward councillor Ed Chatwin says the overlay was good news for Emerald people.
He said not only does it protect the native vegetation on the land but it also gives objectors more time to work on their submissions.
The proposed development was for a four-storey complex, which would house offices, a medical centre, and licensed food and drink premises and serviced apartments.
For the past eight months nearby residents have rallied against the application and were all prepared to fight to stop the development from proceeding.
But the process has now been deferred while the developer assesses the interim overlay.
Shire manager of governance and communication Doug Evans said the council wasn’t expecting to receive an interim overlay.
Mr Evans said the land was one of the areas along Belgrave-Gembrook Road, which is zoned business and has no vegetation protection.
He says the council called for the Planning Minister’s permission to implement an overlay on the site more than 12 months ago.
Mr Evans said the council was surprised when three days before the VCAT hearing the minister sent through an interim overlay.
He said previously the developer wouldn’t have needed permission to remove trees or vegetation from the site.
But, Mr Evans says now with the interim overlay on the site, the developer would need a planning permit to remove any vegetation.
“It was just a coincidence it (the interim overlay) came through shortly before the hearing,” he said.
Claire Miller, spokeswoman for the Planning Minister, said it was standard practice for an interim overlay to be placed on land that is being considered for a vegetation protection overlay.
Ms Miller said the interim overlay protects the land while the council is working on the permanent overlay.
“It’s so people can’t clear their block or rip down trees while the council is working on the overlay,” she said.
Cr Chatwin said the developer now has to find arguments for the removal of trees so that the development can go ahead.
He said this latest development was good news for not only the vegetation but for local residents.
“It gives objectors a lot more time to get their case together,” he said.
Cr Chatwin also believes there will be more objections submitted by the time the case comes back to VCAT in June.
The developer declined to make any comments on the case.