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I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
Presentation by Philip Martin (VCAT) - Overview
Presentation by Philip Martin (VCAT) - Overview
I SEE RED ABOUT GAMING
I SEE RED ABOUT GAMING
GAMING CASES
GAMING CASES
I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
GAMING CASES
GAMING CASES
GAMING CASES
GAMING CASES
I SEE RED ABOUT LIQUOR
I SEE RED ABOUT LIQUOR
I SEE RED ABOUT BUSHFIRES
I SEE RED ABOUT BUSHFIRES
MAJOR BUSHFIRE DECISIONS
MAJOR BUSHFIRE DECISIONS
I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
I SEE RED ABOUT WINDFARMS
I SEE RED ABOUT WINDFARMS
I SEE RED ABOUT CHOOKS
I SEE RED ABOUT CHOOKS
I SEE RED ABOUT WATER CATCHMENTS
I SEE RED ABOUT WATER CATCHMENTS
I SEE RED ABOUT VCAT’s MAJOR CASES LIST
I SEE RED ABOUT VCAT’s MAJOR CASES LIST
I SEE RED ABOUT THE NEW FEE REGULATIONS
I SEE RED ABOUT THE NEW FEE REGULATIONS
I SEE RED: HEARINGS, VCAT LISTS & USER LIAISON
I SEE RED: HEARINGS, VCAT LISTS & USER LIAISON
I SEE RED ABOUT STATUTORY REFORM
I SEE RED ABOUT STATUTORY REFORM
I SEE RED AS I LOOK AHEAD
I SEE RED AS I LOOK AHEAD

Презентация: «I See Red at Creswick: Concurrent session on Red Hot Panels VCAT decisions\current issues». Автор: lsherer. Файл: «I See Red at Creswick: Concurrent session on Red Hot Panels VCAT decisions\current issues.ppt». Размер zip-архива: 4061 КБ.

I See Red at Creswick: Concurrent session on Red Hot Panels VCAT decisions\current issues

содержание презентации «I See Red at Creswick: Concurrent session on Red Hot Panels VCAT decisions\current issues.ppt»
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1 I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT

I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT

decisions/current issues

2 I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
3 Presentation by Philip Martin (VCAT) - Overview

Presentation by Philip Martin (VCAT) - Overview

Key VCAT decision areas of on-going importance for regional Victoria Gaming Bushfires Liquor licensing Windfarms & chicken farming Development in water catchments Key organisational developments Major cases list New fee regime Waiting time for hearings Consolidation of Lists Liaison with peak user groups Updated Practice Notes and Legislative reform

4 I SEE RED ABOUT GAMING

I SEE RED ABOUT GAMING

Recent ending of duopoly for electronic gaming machines (EGMs) in Victoria - commercial auction of EGMs For any one venue, need both gaming and planning approval P & E List at VCAT now exclusively deals with reviews of both forms of approval Most common type of appeal – against refusal of planning approval (single barrel) Some ‘double barrel’ appeals involving both gaming and planning applications Gaming proposals in rural towns can be contentious

5 GAMING CASES

GAMING CASES

Mt Alexander SC v VCGLR & Ors [2013] VCAT 101 DP Dwyer Proposed 65 EGM facility in Castlemaine (only 30 EGMs then) Strong opposition from Council & elements of the community Only gaming appeal (Commission supported proposal) Strongly contested hearing – 10 days & 80 page decision Tripling of EGMs by the one proposal seen as a major concern Tribunal held issues finely balanced but refused proposal – proposal failed to meet ‘no net detriment’ test ‘Community apprehension’ a relevant factor Role of Geotech economic model queried Gaming decision maker can facilitate community contribution

6 I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
7 GAMING CASES

GAMING CASES

Melkat Pty Ltd v Campaspe SC [2012] VCAT 657 DP Gibson Application for Declaration that hotel in Echuca not within a “strip shopping centre” for gaming purposes. Tribunal rejected argument that “several different strip shopping centres in Echuca for purposes of Clause 52.28” ie need a holistic approach.

8 GAMING CASES

GAMING CASES

Beaumont Investments v Warrnambool CC [2013] VCAT 366 DP Dwyer Planning approval sought for 19 EGMs in existing tavern Land zoned Industrial 3 Opposed by Council, but on review approved by VCAT No evidence led by Council about alleged social impacts of proposal No net increase in EGMs in Warrnambool No local policy in scheme re ‘gaming’ Limited residential properties nearby

9 I SEE RED ABOUT LIQUOR

I SEE RED ABOUT LIQUOR

Hunt Club Commercial v Casey CC [2013] VCAT 725 DP Dwyer Council seeking to amend Development Plan to restrict sale of packaged liquor Legal issue arising – scope of relevant considerations with ‘liquor licensing’ planning applications under Clause 52.27 of Planning Scheme? Held relevant ‘locational’ considerations could include ‘social effects’ which go beyond an ‘amenity impact on the surrounding community’ However ‘global’ concerns about social impacts of alcohol will rarely (if ever) be a relevant consideration

10 I SEE RED ABOUT BUSHFIRES

I SEE RED ABOUT BUSHFIRES

Operation of Wildfire Management Overlay Black Saturday in February 2009 – 173 deaths Bushfire Royal Commission Report Introduction of more rigorous Bushfire Management Overlay – Nov. 2011 Cooler summers then more heat/fires in early 2013

11 MAJOR BUSHFIRE DECISIONS

MAJOR BUSHFIRE DECISIONS

2010 – Masten Bennett v Nillumbik - dwelling proposal rejected despite CFA support 2011 – Marsden v Macedon Ranges – school student expansion near Romsey rejected due to excessive bushfire risk 2011 – Carey v Murrindindi SC – new Flowerdale community hall approved in area hit badly by Black Saturday fires 2012 – Marsden again – approval granted on strength of new fire safety evidence. Proposal does not need to be risk-free but bushfire risk needs to be fundamentally addressed

12 I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
13 I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
14 I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
15 I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
16 I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
17 I See Red at Creswick: Concurrent session on Red Hot Panels & VCAT
18 I SEE RED ABOUT WINDFARMS

I SEE RED ABOUT WINDFARMS

Cherry Tree Wind Farm v Mitchell SC [2013] VCAT 521 SMs Wright and Liston Proposed 16 turbine wind energy facility about 15 km east of Seymour – 19 day Tribunal hearing Preliminary issue of whether any ‘existing dwelling’ within two kilometres when application lodged Claimed by objectors that sound pressure emissions from wind farm would cause human health problems – hearing adjourned for further information on this issue to be considered

19 I SEE RED ABOUT CHOOKS

I SEE RED ABOUT CHOOKS

Heath Hill Poultry Pty Ltd v Cardinia SC [2012] VCAT 1444 DP Gibson, Member Potts Proposed 480,000 bird free range chook farm (trend towards free range farms) Code of Practice not applicable but still relevant No expert evidence called by proponents Tribunal held insufficient evidence of acceptable amenity outcomes (eg no odour modelling) Note VC93 then gazetted – no permit required for open range facility if max. number of birds not increased and overall cap no more than 150,000 birds

20 I SEE RED ABOUT WATER CATCHMENTS

I SEE RED ABOUT WATER CATCHMENTS

Kapiris v Macedon Ranges SC [2012] VCAT 1969 Members Bennett and Sharpley Proposed to build a dwelling and effluent disposal system on land within a Declared Water Supply Catchment Area Two Water Boards opposed proposal as Referral Authorities Proposal exceeded the preferred 1:40 dwelling density under Catchment Guidelines Tribunal considered risk to human health as minimal, but saw this risk as unjustified, given strong emphasis on protecting water catchments. Need for reasonable protection of a declared water catchment area also reinforced by recent Grigg v Towong SC red dot decision

21 I SEE RED ABOUT VCAT’s MAJOR CASES LIST

I SEE RED ABOUT VCAT’s MAJOR CASES LIST

Major Cases List was piloted during 2011 Re-commenced in January 2012 Provides a more dedicated and expedited service for major development applications Aim is to have decisions handed down within 18 weeks of commencement From 1/6/13 onwards – no project value threshold for non-residential projects. Projects with a residential component still must be worth over $10 million. Anticipated that MCL will expand over rest of 2013

22 I SEE RED ABOUT THE NEW FEE REGULATIONS

I SEE RED ABOUT THE NEW FEE REGULATIONS

Govt. has introduced new VCAT fees from 1 June 2013 onwards Daily hearing fees will apply to all P & E List matters extending over at least two days – sliding scale. “Complex case” – with 2 Members and lasting at least two days – higher fees Party bringing the application pays the fee Where several applications heard together and one of them brought by Permit Applicant, PA pays full fees

23 I SEE RED: HEARINGS, VCAT LISTS & USER LIAISON

I SEE RED: HEARINGS, VCAT LISTS & USER LIAISON

Average waiting time for hearings now about 4 months VCAT Lists re-structured from 17 down to 11 Lists Land valuation work now done within P & E List Liaison meetings being run with user groups

24 I SEE RED ABOUT STATUTORY REFORM

I SEE RED ABOUT STATUTORY REFORM

Updating of Tribunal Practice Notes New Practice Notes require better information when planning appeal first lodged with Tribunal Planning & Environment Amendment (General) Bill 2012 implemented. Councils now have power to amend permits issued at the Tribunal’s direction Reform of ‘permit extension’ regime Tribunal can confine issues in dispute Changes to Section 173 Agreements

25 I SEE RED AS I LOOK AHEAD

I SEE RED AS I LOOK AHEAD

Case volume in P & E List flattening out Renewal of our Membership Bigger major cases list 55 King Street refurbishment Cases getting more complex

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