Kingston Council forced to pay developer $17,500. After confusion around its own planning laws
A developer has awarded $17,500 in legal costs by VCAT. Also after defending a case brought against him by the City of Kingston. In 2014 the council claimed the developer, Wayne Wilson. Required a planning permit for the multi-storey development in Cheltenham. The developer asserted that no planning permit needed. Because the building was to used as crisis accommodation. And such dwellings are exempt from regular local council planning requirements.
Appeal
VCAT agreed with the developer in January 2015. His next appeal to VCAT for costs of $91,158.23 for legal fees, lost rental income. An expert witness and environmental damage to the development. From the lack of work reduced to a settlement of $17,500 against the council. It is unclear why the final compensation was less than that claimed.
When laws meet community
While crisis accommodation development is exempt from local planning laws. It does have to abide by state planning laws. that is exactly what the developer did. Despite this, there was considerable community backlash at the scale of the development. Also in a residential street and it appears council tried to act on behalf of its ratepayers. Albeit with not much opportunity for recourse. What appeared to be a clear case of a lack of understanding of the laws was actually muddied. By the real and rightful concerns of locals.
Embarrassed
It’s both a major embarrassment for the council and an impost on their funds. In today it seems remarkable that such an error could made by a public institution. they can and do, and they can prove costly. As a builder or developer it pays to know the range of laws and regulations. Also having someone with experience and understanding of planning. Laws can prevent the need for such costly and drawn out legal battles.
At the time, VCAT acting deputy president Jeanette Rickards. Who presided over the hearing. Said it “could have resolved without the need for a hearing”. “There was clear sign that no planning permit required.”
Arky Design has represented a host of builders and developers in navigating the sometimes complex. Also demanding and ever changing planning permit landscape. Get in touch now and we can likely tell you about some of our wins.
This story appeared in the Herald Sun on June 18, 2015: //www.heraldsun.com.au/leader/inner-south/kingston-council-loses-case-against-boarding-house-forced-to-pay-17500/news-story/514f574d9e8c542f0590d1faeed8c3e9
Arky Design Planning Manager
Kate Sullivan is Arky Design’s Planning Manager. We have 14 years experience in navigating the planning. Also building and legal requirements for large and small development projects. If you have a development that requires the proper planning and building permits. and likely legal representation then don’t do. what Stefce Kutlesovski and Raman Shaqirito did. Give us a call today and start the discussion.
