THE group behind the planning tribunal appeal against the $26m planned theatre development in the former Bendigo gaol have said it would be a "gross abuse" of the planning system if the State Government bypassed the state's planning tribunal.
The Bendigo Weekly yesterday revealed the government would announce on Friday it will call the project in, to fast-track it and avoid costly delays by hearing the appeal.
Member for Bendigo Steve Gibbons said federal funding for the project could be lost if the appeal was successful.
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Darryl McClure, Elaine Chang, Barry Cail and Ted Coleman are behind the appeal, which is set for a Victorian Civil and Administrative Tribunal directions hearing on September 28.
The hearing will determine whether or not the appeal is valid.
Mr McClure said it was wrong for Planing Minister Matthew Guy to call the project in.
“If the Minister issues the permit he will have set himself a very difficult precedent, due to the many breaches of the planning scheme contained in the proposal as it presently stands,” he said.
Mr McClure said it was clear that the council did not have confidence that the proposal would survive a VCAT hearing “because of many unresolved planning issues”.
“Of particular concern is the proposed conversion of nearly one hectare of the Rosalind Park Reserve into access roads and a car park, completely disregarding the approved Rosalind Park Master Plan," he said.
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Mr McClure said the proposal did not align with any existing council strategy or plan, and had other shortcomings including the not insignificant issues of sale and consumption of alcohol on school premises, traffic congestion and car parking, none of which have been adequately addressed.
“Suggestions that any delay would place the project in jeopardy are false,” he said.
“VCAT offers a fast-track process that the council could request. By that simple procedure the issue could be determined by Christmas.
“All matters of timing had been in the hands of the council, as it is both the developer and the authority that grants planning permits
“The council now claims there is not enough time for normal planning processes to be fulfilled."
Mr McClure said that in its applications for funds to both federal and state governments, the council foreshadowed the need for the Minister to intervene.
“It pointed out that because of the ‘community’ aspect of the theatre, a planning permit would be required from either the council or the State Government. Clearly it was a set-up from the beginning,” he said
EARLIER
THE State Government will bypass Victoria's planning tribunal and give the green light to the proposed $26 million theatre in Bendigo's former gaol.
The Bendigo Weekly believe Nationals Member for Northern Victoria Damian Drum will make the announcement at the gaol on Friday morning.
The Weekly revealed this week former mayor Darryl McClure and others had lodged an appeal against the development, despite the Victorian Civil and Administrative Tribunal earlier telling council no appeal had been lodged.
A senior government source said the government would approve the project to ensure it is not delayed by the VCAT appeal.
"The State Government intends to intervene to fast-track the theatre-in-the-gaol project," the source said.
"The government is doing this to protect the finances surrounding the project because the federal and state governments have both indicated there will be no additional funding if there are cost blowouts caused by a VCAT appeal."
The Weekly believes calling the project in was State Government strategy from the start.
"It would be irresponsible of the government not to intervene," the source said.
"We always had this contingency plan, we just didn't think we would need it until last week.
"It would not be showing any leadership role at all if the government allowed this project to be delayed in VCAT."
Mr McClure is expected to make an announcement regarding his appeal tomorrow.
EARLIER
Federal Member for Bendigo Steve Gibbons has demanded the State Government intervene in the VCAT appeal against the $26 million theatre development in the old gaol.
The Bendigo Weekly revealed yesterday former mayor Darryl McClure and others had lodged an appeal against the development, despite VCAT earlier telling council no appeal had been lodged.
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Mr Gibbons said an appeal "lodged by just one protester" could
increase the cost of the development by around $1 million dollars.
Mr Gibbons said the appeal process had been comprehensively botched by
VCAT and he urged the government to issue the appropriate permits
immediately.
“This is a ridiculous situation where the City of Greater Bendigo and
the Bendigo Senior Secondary College had fulfilled all the necessary
requirements and were informed that there was no appeal lodged within
the prescribed time," he said.
“Now they have been informed that there is just one objection by just one individual.
“It would be incomprehensible that just one objection could add another
million dollars to the project which is strongly supported by both state
and federal governments.
“Surely common sense should prevail with the State Government issuing the appropriate permits immediately."
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EARLIER
VICTORIA'S planning tribunal has been blamed for an embarrassing mistake surrounding plans for a $26 million theatre in Bendigo's former gaol.
Last Thursday, the City of Greater Bendigo council released a statement saying the project had received the green light.
Mayor Alec Sandner said no appeal had been lodged against the plan at the state's planning tribunal, despite five objections to it.
“We have received notification from the Victorian Civil
Administrative Tribunal that no requests for a hearing on the project
were made in relation to the project, which is great news," he said.
“This is an extremely important and exciting project for Greater Bendigo
and I am pleased that the issuing of the planning permit now provides a
green light for the project to move to its next stage."
However, VCAT today told the Bendigo Weekly an appeal was lodged on September 10, last Monday.
Council chief executive officer Craig Niemann said the error was made at VCAT.
"We did get written advice on Wednesday afternoon there was no appeal lodged," he said.
"We acted on that and issued a permit.
"We were pleased with that outcome and we produced a press release."
Mr Niemann said he had since been notified there was an appeal.
"We have been notified by VCAT thay have made an error," he said.
"They have received an appeal and we have been notified of that by VCAT.
"We have to wait to hear whether that is a valid appeal or not.
"The council is extremely disappointed by this error by VCAT and is asking them, as a matter of urgency, to explain how they intend to deal with the matter given the uncertainty they have created for both the applicant and objector.”
Mr Niemann said the timing of the lodging of the appeal may lead to questions whether or not it was valid.
"We are waiting for that next bit of advice," he said.
EARLIER
THE City of Greater Bendigo has been embarrassed about its $26 million theatre in the former gaol.
Last Thursday, the council released a statement saying the project had received the green light.
Mayor Alec Sandner said no appeal had been lodged against the plan at the state's planning tribunal, despite five objections to it.
“We have received notification from the Victorian Civil
Administrative Tribunal that no requests for a hearing on the project
were made in relation to the project, which is great news," he said.
“This is an extremely important and exciting project for Greater Bendigo
and I am pleased that the issuing of the planning permit now provides a
green light for the project to move to its next stage."
The Weekly understands the council, and co developer the Department of Education, have received the development permit.
However, an appeal was lodged on or before September 10, which was last Monday, contradicting Cr Sandner's statement.
Former mayor Darryl McClure and others are behind the appeal.
