ARMADALE: The City of Stonnington’s Supreme Court bid to overturn the Victorian Civil and Administrative Tribunal’s approval of a 12-storey Armadale development was dismissed on Thursday.
It has been more than four years since the planning application first went to council and five months since the case was heard at the Supreme Court.
Lend Lease’s proposal, which comprises 19 buildings up to 12 storeys high with 448 dwellings at 590 Orrong Road, Armadale, attracted more than 600 objections from members of the community at a VCAT hearing last July.
Justice Karin Emerton denied the council’s appeal, which accused the state’s planning tribunal of “an error of law” and of treating community objections to the proposal as “irrelevant”.
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Justice Emerton concluded that the tribunal did in fact consider the substance of the objections despite the council’s claims.
“I see no error in the Tribunal’s reasoning. I am not persuaded that the number of objections was evidence of the aspirations of the local community that had to be taken into account by the Tribunal in its consideration,” Justice Emerton stated.
The decision was received with shock and disappointment by City of Stonnington officials and members of the community.
Stonnington mayor Matthew Koce labelled the decision “a dark day for democracy”.
“We have taken this as far as we can go … There is a great deal of uncertainty and a great deal of fear in the community. No one wants a 12-storey building going up next to their home,” Cr Koce said.
“It is a really grim day for democracy … It shows that at the end of the day, even if 100 per cent of the local community is opposed, they can be overruled.”
Margot Carroll, founder and spokesperson for The Orrong Group, said the group was “shattered”.
“It is going to be very difficult for all Victorian residents who are involved in planning applications to now feel like they have any say in what is going on,” she said.
“Why would you bother putting in an objection now when VCAT – and now the Supreme court – have ruled that the extent of community opposition is irrelevant.”
Ms Carroll said the property developer had “no respect” for the local community and feared for the survival of the Armadale’s local community and infrastructure.
“Lend Lease has its permit, they could start tomorrow with that development … It is very disappointing for residents’ rights and it means global, multi-billion-dollar companies can run roughshod over us.”
Lend Lease’s state manager Ben Coughlan welcomed the decision.
“This decision further supports the importance of urban renewal development, which is an essential ingredient in a balanced growth plan for Melbourne,” Mr Coughlan said.
“As Melbourne’s population continues to grow, there is a need to provide innovative solutions to housing and employment opportunities, better public spaces and sustainable communities.”
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