Friday, February 24, 2006

So is going to VCAT worth it?

This is the dilemma - appealing to VCAT shouldn't result in a worse result, but it will take 3 months and 3k longer...

The fee proposal from Site Matters (planners) was received today and it sounds like the conditions on the NOD are a result of the planning officer trying to bring the proposal in line with the RESCODE standards. Some of the standards are quantitive (ie. length of walls on boundaries etc.), but others are qualitative. It's the qualitative standards that are more difficult to predict, as they depend on a person's opinion on what is fair and reasonable.

So basically, at VCAT we have a 50/50 chance of reversing the conditions and it will depend solely on who the chairperson is and whether they choose to uphold the council's justification or ours.

Another possibility is mediation (between the council, us and objectors), but it's up to VCAT to decide whether mediation or a full hearing occurs.

Our planner's confident about arguing our case, but as the council has a strong case as well, is it all worth it?

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