Permit system ‘confusing’

By Kath Gannaway
YARRA Ranges Council’s refusal to grant a subdivision permit has left the applicant questioning what he says is a confusing process.
Glen Brown’s application for a two-lot subdivision of 56 Badger Creek Road, Healesville, was refused when a majority of councillors supported an alternate recommendation put forward by Ryrie Ward councillor Jeanette McRae on 23 October.
The matter had been deferred after councillors asked for more information at the previous council meeting.
A total of 20 objections were lodged against the subdivision, which is in a residential zone 1 area.
Mr Brown said he planned to build a single-storey home on the rear lot, behind an existing house.
The initial recommendation by the planning department was for a refusal.
The second recommendation put forward for consideration by council was for approval, and issue a notice of decision to grant a permit subject to conditions.
Cr McRae’s alternative recommendation was for refusal.
Mr Brown said he was disappointed with the process, which he claimed meant a decision was made prior to the meeting and irrespective of statements presented by the objector or the applicant.
“Cr McRae’s timing of the alternative recommendation (to refuse) gave us no time to even read or understand it before it was voted on,” he said.
“As it stands, on both occasions, this application went to council the planning department’s recommendations were overruled by the councillors. I find this a little confusing.”
Cr McRae defended the decision and the process, saying the planning department had prepared a set of revised conditions because that what was asked of it.
“Their report has not changed and does not lend weight to an approval. They did not change their mind in terms of the report,” she said.
“They prepared a set of revised conditions because that was what they were asked to do, so we could consider for either refusal or approval.
“The first meeting raised issues councillors were not aware of, so that extra time allowed us to get more information.”
Cr McRae said a number of councillors then had the opportunity for a site inspection.
“I think those who went out there were the ones who changed their opinion, and that was primarily around topography and the access which were major issues,” she said.
“In terms of presenting an alternative recommendation, that happens quite often and we still go through the debate. It is not a behind closed doors decision.
“You take into account any new information you may have and made your decision on that basis.”
Mr Brown said there was nothing in the conditions put forward that he considered unreasonable, and said he was considering all available options in relation to the decision.