vcATl

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victorian civila administrative

tribunal

PLANNING & ENVIRON MENT LIST

VCAT Reference

Number:

P62312O11

Your Reference Number:

June 2011
Allan Harris on behalf of Save Dimmeys

Dear Sir/Madam,

Notice of Application for Review under the Planninq and Environment Act 1987

Parties:

Ltd Yarra City Council

Richmond lcon Pty RICHMOND VIC 3121

(ApplicanUs) (ResPondenUs)

Site: 140-160 Swan Street

I refer to the'above application and enclose a copy of VCAT's order in this matter.

Yours faithfully,

N TSIRAKIDIS ACTING REGTSTRAR, ADMINISTRATIVE DIVISION

55 King Street, Melbqurne Vic DX 210576 Melbourne

3000

lntemet: www.vcat.vic.gov.au

Telephone (03) 9628 9777

Facsimile

(03) 9628 9789

577 & S80

to

RA MCL

VICTORIAN CIVIL AND ADMINISTR,ATIVE TRIBUNAL ADMINISTRATIVE DIVISION PLANNING AND ENVIRONMENT LIST APPLICANT RESPONSIBLE AUTHORITY REFERRAL AUTHORITY & RESPONDENT RESPONDENTS
VCAT REFERENCE NO. P62312A11

Richmond Icon Pty Ltd Yarra City Council Director of Public Transport
VicRoads, A Harris for Save Dimmeys, R Pinnell, D Yeomans, BJ Donaldson, P Corurole, J Sfurzaker, D Dorow, R Dunphy, A Duffield, A Duffield, L Moloney, P Kollatos, S Claney & RRixon, J Grimwade, S Duffield, C & G Katsabis, M Phillipson & C PelhamThorman, P Tratt, A&, J Tratt, Almost French (P Chhor & K Kouch), M Drost for Planning Backlash, D Cousins, L Reeves, J Pearce and M Fernon 140-150 Swan Street, Richrnond

SUBJECT LAND WHERE HELD BEFORE

Melbourne
Rachel Naylor, Presiding Member

Michael Read, Member HEARING TYPE DATES EF HEARING DATE CIF ORDER Hearing
30 &

3l May and 1-3 June 20LL

1

3 .Iune 2C t

ORDER The hearing will continue on Wednesday 29 June 20lL for one day commencing at 10am

By Friday 10 June 2011, the Responsible Authority must serve a copy of the City of Yarra Built form Review 2A$ (a referenee document to clausb 22.A, on the Tribunal, the Applicant, Director of Public Transport, Mr Harris for Save Dimmeys and Mr Finnell. By Friday 10 June 20LL, the Director of Public Transport must serve a copy of its revised perrnit conditions on the Tribunal. the Applicant, the Responsible Authority. Mr Flarris for Save l)immsys and Mr Pinnell.

By Wednesday 22 June z0lt, the Responsible Authority must serve an updated version of the draft permit conditions on the Tribunal, the Applicant, Director of Public Transport, hdr Harris for Save Dimmeys and Mr Pinnell.
I

Q.*c.-A,0<
Rachel Naylor

MCAT
A&*APPEARANCES

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Presiding Member

Michael Read

Member

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For Richmond Icon Pty Ltd

Mr N Tweedie, barrister instructed by Best

Hooper solicitors

For Yarr a City Council For Respondents

Ms S Brennan, barrister instnrcted by Maddocks solicitors

Mr

Lanza for VicRoads

Ms E Bergin of Victorian Government Solicitor's Office for Director of Public Transport

Ms T Acreman, barrister by direct brief for Mr A Harris of Save Dimmeys

Mr A McAllister for Swan Street Traders

Association

Mr R Pinnell Mr L Moloney Mr M Phillipson

hflr T Golding for AlmoSt French
N{r A Duffield

Ms M Drost for Planning Backlash

,VCAT Reference No. P623/2011

Page 2 of 3

REASONS r\EA.,IJII'' This is an application to review the decision by Yarra City Council to refi.rse to grant a permit for alterations and additions to the existing building and development of new buildings associated with a rnix of land uses at 140160 Swan Street, Richmond.
The hearing did not finish within the allocated time, hence a further hearing day has been aranged on Wednes day 29 June 201 t.
On this hearing duy,it is the Tribunal's expectation that:

i ii iii

The Applicant

will complete the presentation of its case;

Each party will have a right of reply in accordance with the Tribunal's l; Practice Note PNPE l and
There will be a 'without prejudice' discussion about draft permit conditions.

S/o/, o*, ,{ .*-\B q-,rB

Presiding Member

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a *tr CAT.' ls &- *&* W*'trc

Michael Read

Member

Each party is to be provided with a reasonable opportunrfy to respond to the case put by the other parties. A right of reply is not to be used as an opportunify to simply repeat submissions, which a part-v has already made; rather it should be confined to matters arising from the submissions of the other parly(s), which have not already been addressed by the replying party

VCAT Reference No. P623/2011

Page 3 of 3