By JESSE GRAHAM
THE long-standing dispute over Healesville’s controversial sawmill site development is all but over, with opponents and council working towards a settlement to avoid a second VCAT hearing.
The development, proposed for 17-25 Maroondah Highway, was raised by Yarra Ranges councillor Fiona McAllister on Tuesday 14 June, as an urgent item at the end of the council meeting.
Councillors unanimously voted to “authorise the CEO … to do all things necessary and appropriate” to resolve the Victorian Civil and Administrative Tribunal (VCAT) proceedings regarding the development, ahead of an impending hearing on 11 July.
The council item came up as a result of a “without prejudice” offer from the applicant on 1 June to remove one of the two take away food restaurants from the site, with the addition of hotel rooms onto the development.
A Section 173 agreement would also restrict the site to only having one convenience restaurant and prohibit gaming machines and gambling at the hotel.
The full development includes hotel rooms, convenience restaurants, a petrol station and an epicurean centre, and had been debated by the council and opponents in recent years – it was scheduled for a 11 July hearing if the council did not agree to the offer on 14 June.
Healesville’s Chris Anthony, who represented the protesters against the development, said the offer was a “good outcome”, and would save a lengthy and expensive VCAT trial that could end in the whole development getting green-lit.
He said that built-form issues, such as maintaining some trees along the side of the highway, were also addressed by the applicant’s offer,“On balance, I don’t think we’ve got everything that we’d like for that important site, (but) something will be built there – there’s a permit already issued,” Mr Anthony said.
“I think we’ve got the best possible outcome.”
The impending VCAT hearing was the result of the applicant, Joseph Alesci, filing that the council had failed to determine an outcome for the application in the right timeframe.
Mr Anthony and Cr McAllister noted that, even if the matter was won by the council at VCAT, an application for a larger development at the site was approved in 2013 and is not due to expire until October 2017 – meaning the applicant could still build if this bid failed.
Spokesperson for the applicant, ASK Planning director Mark Stanojevic read a statement from Mr Alesci, who said the changes proposed to the development would satisfy the concerns of objectors, while keeping the project financially viable.
“There’s always been the question of getting the land use mix right,” Mr Alesci wrote.
“From all that I’ve learnt in this community over the last three years, it is my feeling that the in-principle proposal put on the table in VCAT, in mediation, achieves that balance, from our point-of-view in a way that makes sufficient economic sense to proceed.”
He wrote that the take away restaurants on the site “generate a very good income for the landowner”, but that having two “may not be as consistent with our principle vision as it could be”.
“But they certainly help fund that vision if we’re left with no other choice,” Mr Alesci wrote.
“We’re quite ready to proceed with the initial proposal that went before VCAT, which in essence retains all of the fast food outlets approved in 2013.
“Proposing the removal of the largest fast food outlet in the VCAT mediation was a decision not taken lightly – it was an approval that was the result of a great effort on our part.”
Cr McAllister said the council’s legal advice had indicated that chances of having the application knocked down in the hearing were “ultimately, slim at best”, and that going ahead with the hearing could cost the council up to $100,000.
“Do I feel comfortable about this process? Clearly not, but if we can get an improved outcome for the community, then it’s a path worth taking,” she said.
Councillor Jim Child said that he “wouldn’t touch that punt with VCAT with a barge pole”, and seconded the motion, which was then passed by a unanimous vote of councillors.
Councillors Noel Cliff and Len Cox were not present for the meeting.
The matter will return to VCAT for a compulsory conference on 24 June.
