VCAT decisions leave residents defeated

Tara Murray

A group of St Albans residents have been left feeling deflated and defeated following the latest in a run of Victorian Civil and Administrative Tribunal (VCAT) decisions going against them.

In April, VCAT approved an application for nine townhouses to be built in Walter Street, St Albans, despite the objections of residents.

Brimbank council supported the residents’ views and had knocked back the application.

Resident Jenny Isa said her residents had given up their fight against what they called overdevelopment of the area.

“This one is 150 metres around the corner from my house,” she said.

“There was one in Helen Street that was overturned and another one in Power Street. They’ve overturned three in the vicinity of 200 to 300 metres.

“There are a lot of elderly people and CALD [culturally and linguistically diverse] people who live in this area. They feel like they are being ambushed in their own streets.”

The Helen and Power streets applications were for four double-storey dwellings. Residents objected to them because of traffic and parking concerns and because they felt they were an overdevelopment of the sites.

Brimbank council city development director Kelvin Walsh said the Walter Street application was refused on seven grounds including concerns that the proposal was an overdevelopment of the site.

VCAT found that the proposal was acceptable in terms of the neighbourhood character and the amenity impacts on the adjoining properties and was in line with the type of development to be expected within a residential growth zone.

“It cannot be correct to say that because the level of development is more intense than what surrounds the site or that the form of the development is different leads to a conclusion that it is inappropriate,” the VCAT decision said.

St Albans resident Joseph Piscopo was one of the objectors and spoke at the VCAT hearing.

Mr Piscopo said the development was ridiculous and would impact his daily life.

He said his solar panels would be overshadowed, which would impact him financially.

“The garden will also be overshadowed and it will be useless,” he said.

“They will be blocking sunlight out from my house. Half the backyard will be overshadowed.

“I’ve got a satellite for Foxtel and I don’t know if that will have to be moved.

“It’s really depressing. I have osteoarthritis and this is affecting my health mentally and physically.”

Mr Walsh said the only way to appeal a VCAT decision is to the Supreme Court on a question of law, with the council not intending to do that.