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Supreme Court confirms rights of community to participate in planning

MEDIA RELEASE

2 November 2017

A decision of Victoria's Supreme Court today confirms the ability of concerned Victorians to object to inappropriate developments – and emphasises the importance of minimising technicality and the value of community participation in the planning system.

The Warrandyte Community Association and Environmental Justice Australia welcomed the decision.

“The Warrandyte Community Association welcomes the Supreme Court’s confirmation that everyday people can object to inappropriate developments in their community without their objections needing to pass specific legalistic hurdles,” said WCA spokesperson Jonathan Upson.

“Now that the Supreme Court has enabled the VCAT appeal to proceed, the WCA and other parties look forward to the opportunity to argue that clear-felling 740 trees to build one house on a ridgeline with nice views directly contradicts the Nillumbik and State Government planning schemes and requirements.

“The developer’s lawyers made it clear that if we were to fight this case and lose, they would seek an order for their legal costs against us. Therefore, I would like to acknowledge the courage of the three Community Associations – the WCA, Friends of Nillumbik and Green Wedge Protection Group – and several individuals who were parties to this case.

“The WCA, on behalf of the other parties, would like to sincerely thank Environmental Justice Australia for their invaluable assistance in prosecuting the Supreme Court case on our behalf.”

Environmental Justice Australia said the decision affirmed the importance of community participation in planning.

“Justice Bell’s decision represents a victory for common sense and fairness,” said Environmental Justice Australia CEO Brendan Sydes.

“The court’s decision emphasises the importance of minimising technicality and the value of community participation in our planning system.

“EJA is pleased to have been able to support the community in ensuring they can have a say about the important planning and environment issues raised by this permit application.”

 

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