VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ADMINISTRATIVE DIVISION PLANNING AND ENVIRONMENT LIST APPLICANT RESPONSIBLE AUTHORITY REFERRAL

AUTHORITY & RESPONDENT RESPONDENTS

VCAT REFERENCE NO. P623/2011

Richmond Icon Pty Ltd Yarra City Council Director of Public Transport VicRoads, A Harris for Save Dimmeys, R Pinnell, D Yeomans, BJ Donaldson, P Connole, J Sturzaker, D Dorow, R Dunphy, A Duffield, A Duffield, L Moloney, P Kollatos, S Claney & R Rixon, J Grimwade, S Duffield, C & G Katsabis, M Phillipson & C PelhamThorman, P Tratt, A& J Tratt, Almost French (P Chhor & K Kouch), M Drost for Planning Backlash, D Cousins, L Reeves, J Pearce and M Fernon 140-160 Swan Street, Richmond Melbourne Rachel Naylor, Presiding Member Michael Read, Member Hearing 30-31 May, 1-3 & 29 June 2011 6 October 2011
ORDER

SUBJECT LAND WHERE HELD BEFORE

HEARING TYPE DATES OF HEARING DATE OF ORDER

By no later than Thursday 13 October 2011, the Applicant and any Respondent Objectors may provide to the Tribunal and the other parties a written response to the VicRoads recommended mitigation works.

Rachel Naylor Presiding Member

REASONS

This is an application to review the decision by Yarra City Council to refuse to grant a permit for alterations and additions to the existing building and development of new buildings associated with a mix of land uses at 140160 Swan Street, Richmond. By order dated 5 August 2011, we required VicRoads to review Cardno Grogan Richards SIDRA analysis and advise of any mitigating works sought in proximity to the Swan and Green Streets intersection. By letter dated 30 August 2011, VicRoads recommended: a b On-street parking along both sides of Green Street be removed for a total distance of 40 metres south of Swan Street; and the installation of electronic parking signage (a request already made and discussed during the hearing).

By order dated 13 September 2011 we then sought advice from the other parties as to whether 14 days was sufficient to prepare a written response or whether a further hearing was required. By facsimile dated 16 September 2011, the Applicant responded that it requires 7 days to respond. The Tribunal received an email dated 14 September 2011 from Mr P Tratt opposing the loss of parking in Green Street. This email was not served on the other parties and so the Tribunal forwarded it to the Applicant, the Council and VicRoads. On 5 October 2011, the Tribunal received a written response from the Council, which included a written opinion by Ms C Dunstan, traffic engineer of Traffix Group that the car parking only needs to be removed from the east side of Green Street. It is our view that essentially the Council has gone one step beyond our last order and responded to the VicRoads recommendations. Accordingly, we have now granted leave to the other parties (the Applicant and any other Respondent Objectors) to provide a written response to the VicRoads recommendations within the next 7 days. No party has requested a further hearing, therefore it is our intention to consider the written submissions received without a further hearing.

Rachel Naylor Presiding Member

VCAT Reference No. P623/2011

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