Enough is enough

By Kath Gannaway
The council at its meeting on Tuesday 12 October refused an application by Ron Mason, acting on behalf of the owner of land at 838 and 866 Healesville Yarra Glen Road, for a third extension of a planning permit issued in March 2001.
The original permit for a 150-room hotel was issued in 2001 after the then developers went to VCAT to resolve the matter with Yarra Ranges Council.
Council then refused a further application for consent to changes to the original plans from a hotel development to a mix of one and two-storey apartment units.
More than 30 objectors packed the council meeting.
Neighbouring landowner Don Ashton said he had been told by council’s planning department after the second extension that a third would not be given.
“It is almost 10 years on and it’s obvious that they don’t want to build the original scheme, they now want to build a new scheme,” he said.
Ron Mason told council while there had been some difficulties in getting the project off the ground the owners had now signed a Heads of Agreement with Hilton Hotels to operate the development once it was built.
He said a heads of agreement had been signed originally on the basis of the existing planning permit, and that a second had now been signed on the proposed villa proposal before council.
“It’s been a very difficult think to transfer a city-based hotel to a rural location,” he said adding that “a hotel on a ridge-line of the Yarra Valley is not a good outcome for that site and not a good financial outcome for the owner of the property.
“That’s why we have come back to look at another application,” he said.
Cr Jeanette McRae said the request for a third extension was considered to be ‘warehousing’ the permit.
She said 10 years was sufficient time to complete or at least substantially commence the development under the approved planning permit.
It was also refused on the grounds community expectation may have altered for the use of the site over the past decade and that a new application should be made which would give the community an opportunity to have input.
The motion for refusal also noted the proposal is now prohibited under the current planning scheme.
Cr Dunn supported the refusal.
“My understanding is that it is not what we have in front of us that we are being asked to extend.
“This application gives no indication that there is a genuine intention to proceed with the planning permit which has currently lapsed,” she said.
Cr Cox also argued against the extension, saying “we are debating an extension of time for something which nobody seems to want. It’s making the planning scheme look silly,” he said.
Cr McRae said there was no doubt there was a need in the Yarra Valley for a large-scale tourist accommodation development but that it should be much closer to the township of Yarra Glen.
The second application was also defeated, with Cr McRae saying it was a dramatic transformation of the original application.
“This is a way of not having to engage with the community,” she said.
“With secondary consent you don’t have to advertise, and you have no right of appeal with VCAT.”
The council unanimously refused the application, describing it variously as “an absolute joke” a proposal for a “mini Yarra Glen” and “a de facto housing estate”.
Cr McRae addressed concerns among the objectors that the proposed new development would now be “called in” by the State Government to fast-track it outside of the formal process.
“There have been comments made about how the premier and other senior politicians are in favour of this development,” she said.
“I would suggest that the Premier would be wise to think again if he thinks he can abort a democratic process which is what we are going through here.”