VCATmove

By Tania Martin
A MOUNT Evelyn family faces a VCAT battle in a bid to sell off part of their property.
Yarra Ranges Council last week rejected the family’s application to re-subdivide the land, saying it would set an ‘undesirable precedent’.
But applicant, Mandy Whiting said the pattern already exists.
Billanook Ward’s councillor Tim Heenan used his power to call in the application after an officers report recommended refusal. He last week told the Mail, there was no reason why the application couldn’t be approved.
Cr Heenan said a number of smaller sized blocks had already set the precedent.
The proposal was for the re-subdivision of a common boundary between 17 and 19 Russell Street.
This would lead to the first lot being just 705 square metres and the second allotment would be 2239 square metres.
Both parcels of land are owned by the Whitings.
They are facing financial hardship and are hoping to sell off the smaller piece of land and build a bigger house for their growing family on the second lot.
A report represented to the council last Tuesday (23 March) recommended refusal despite the absence of any objections.
It stated the proposal would result in one lot, which was substantially less than the objective for the foothills residential areas.
Under the council’s planning policy, lot sizes in the foothills area need to be at least 1000 square metres.
But Ms Whiting argued at the meeting, 95 per cent of the existing lots in the area were significantly smaller than 1200 square metres.
She said the typical low density size in the area ranged from 500 to 1500.
“The smallest is as low as 296 square metres,” Ms Whiting said.
She said there were 54 existing lots less than 750 square metres and seven subdivisions with lots containing less than 750.
Cr Heenan moved an alternative motion to approve the application but it failed. “This is not setting a precedent…it’s already quite plainly there in many examples,” he said.
Lyster Ward’s Cr Samantha Dunn said although she sympathised with the family’s plight, any decision the council made now would last on the land forever.
“My concern with allowing this re-subdivision is the precent it sets,” she said. “We have been through a significant process in relation to the housing strategy which clearly outlines community aspirations in this particular area as a least changed precinct.”
Cr Dunn said approving this application would have a detrimental impact in maintaining the area as a ‘least changed precinct’.
Ms Whiting said if the appeal wasn’t successful, it would mean more hardship for the family.
“We won’t lose our home but we will have no lifestyle,” she said. “I am working all weekend at the moment just to pay the extra bills.”
Ms Whiting said it meant the purse strings would continue to be stretched to the limit – no holidays for their children or essential items such as laptops which they need for school.
She said the council did not see there were already precedents set.
“They are already there…all the council is looking at is their guidelines not the facts,” Ms Whiting said.