SWAN Hill Council continues to keep Mildura-based town planner Roy Costa busy after recent wins for clients against the council at the state’s planning tribunal.
Mr Costa represented developer Justin Quattrocchi, who took the council to VCAT to fight a condition on his planning permit that would have made him seal part of a Nyah West street before he could subdivide a property into eight lots to build long-term rental homes.
As previously reported, the planning umpire ruled the contested conditions were “not appropriate or reasonable”.
“The council has fallen well short of the information and evidence required, to justify the sealing of Donald Street, as a condition of the permit issued for the review site,” VCAT member Michael Deidun said.
The tribunal heard the council wouldn’t have issued the permit had the condition not been applied.
The council’s solicitor submitted that as the approved subdivision introduced an urban form of residential development, it was reasonable to expect an urban standard of road, which he implied to require a sealed road.
However, Mr Deidun said he was not taken to any policy or provision in the Swan Hill Planning Scheme that stipulated what was an urban standard of road, or that urban roads must be sealed.
“The various objectives and standards … only encourages roads to be suitably safe, while providing strength, quality and durability,” he said.
“The council has failed to make any submissions or evidence that the existing unsealed road fails in relation to any of these aspects.”
Mr Costa said that “from the outset”, it was “very unfortunate” that council placed such “onerous” conditions on a planning permit.
“It was proven and supported by VCAT that it did not warrant being placed on a permit and such a burden on a development,” he told The Guardian.
“It’s all about, at the moment, how there’s such a shortage of housing around the state.
“And then to put such an onerous condition of an expense, exceeding $350,000, you just couldn’t see how they came to that conclusion when there’s such a shortage of housing.
“It’s only a positive outcome for the town and for the district, when Swan Hill is crying out for housing because there’s such a shortage.
“When you build more homes, people start to look into business investment.”
Mr Costa said this development alone would be worth between $1.5 million to $2 million.
He said tens of thousands of ratepayers’ dollars were also being used on lawyers.
“Council is spending ratepayers’ money for lawyers from out of town, so they’re not even from the town to represent the town,” he said.
“I think the council’s planners themselves, who are paid by the ratepayers, should be representing council. Should they wish to refuse applications, therefore attend VCAT.
“I would have to guess anywhere between $10,000 to $20,000 was spent on this lawyer because they did travel up here and went to visit the site.”
Mr Costa said local councils should be working with developers.
“One important thing to note with this is there was actually a compulsory conference held with VCAT – where VCAT get the parties together.
“And we actually put options to council to try and reach an agreement, and council just would not even entertain a compromise … we went full steam ahead at VCAT and were successful.”
Mr Costa said it was disappointing the developer had chosen not to pursue future development opportunities in the municipality after this experience.
“When we did another development for him in another small town in Victoria, that council was so helpful,” he said.
“That was for a five-lot subdivision for units and there was not those onerous conditions placed on the permit.
“They welcomed additional development, additional investment, and more importantly, additional housing.”
Swan Hill Council declined to comment.
