It is with dismay that Baw Baw Shire Council confirms that the Permit Applicants for 60 Korumburra-Warragul Road have applied to VCAT on the grounds of Failure to Determine an application within the approved timeframe despite the matter being decided on Wednesday 10 July.
A a result of the pending VCAT proceedings, the decision reached by Council on 10 July to approve the application with the addition of new conditions has been rendered moot and the matter will remain unresolved pending VCAT outcomes.
The Permit Applicant’s submission to VCAT was made on 2 July 2019, with Council being informed of the submission by the tribunal on Thursday 11 July.
Despite foreseeable impacts to the community and to Council proceedings, the Permit Applicants did not notify Council of their application to VCAT.
A VCAT hearing date has been set for 2 December 2019.
As noted by Mayor of Baw Baw Shire Cr Mikaela Power
“Council is deeply disappointed by the course of action taken by the Permit Applicants, particularly their failure to notify Council of their application to VCAT.
“I personally attended a discussion with the developers on the morning of the Council Meeting, at their request, and at no stage did they disclose that they had lodged the matter at VCAT.
“Had the Permit Applicants notified Council of their application to VCAT, Council could have taken a different course of action, one that did not needlessly waste community members’ time and Council resources.”
As noted by Deputy Mayor of Baw Baw Shire Cr Danny Goss
“I am bitterly disappointed by the actions of the developers.
“They have knowingly wasted the time of the many residents of Warragul South who took the time to write and speak against this development, they have wasted Council Officer resources and they have wasted the time of this Council as we worked in good faith to reach outcomes on behalf of our residents.
“They have badly damaged any goodwill they may have previously earned.”
As noted by Central Ward Cr Joe Gauci
“As one of the Councillors who moved the alternate motion on Wednesday night, I am amazed at the lack of respect that the developers have shown.
“To put on the charade of wanting to work with the residents and council, but to have already gone to VCAT a week earlier is terrible. It’s time wasted, money wasted, trust lost.”