Port Phillip Conservation Council Inc.

A0020093K Victoria    ABN 46 291 176 191   Founded in 1970

 

 

Rosebud Skatepark VCAT Appeal

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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PPCC Inc. appeal to VCAT: PPCC Inc. appealed on the above matter to the Victorian Civil and Administrative Tribunal to uphold hard-won state and local planning laws governing coastal matters. Despite the clear precedent below, and the strong case put by PPCC Inc, VCAT disallowed the appeal.

 

2003 VCAT Precedent: In 2003, VCAT upheld PPCC’s appeal against Mornington Peninsula Shire Council’s (MPSC) proposal to construct a concrete skateboard ramp on the Rye foreshore. Grounds for VCAT refusing the permit were the coastal dependency provisions of the Victorian Coastal Strategy, State and local provisions of the Mornington Peninsula Planning scheme, and safety for users. The Rye ramp was later built in an inland sporting precinct, and is a great success.

 

Mornington Peninsula Shire’s Proposal: The Shire granted itself a permit to construct  a skateboard facility that is an almost identical to that disallowed Rye proposal on the Rosebud foreshore reserve opposite Boneo Road, Rosebud, – at a busy intersection with Point Nepean Rd, and blatantly ignored the VCAT precedent. The land is zoned PPRZ. Using Section 52 of Victoria’s Planning and Environment Act 1987, the Shire argued that there will be no material detriment to any person, so no objections need to be considered. A delegated decision was made to issue the permit for the project to proceed, so the project was not even scrutinized by councillors.

 

4 Subpoenas Served: PPCC Inc. argued that the permit is not lawful, as State and local planning provisions have been ignored, along with the VCAT precedent set at Rye. PPCC Inc. served four subpoenas on the agencies involved in the decision, requesting that they produce documents and appear at the five day VCAT hearing, which commenced on Monday 8th May 2006.

 

Major Campaign No. 39: PPCC Inc. has listed the Rosebud skatepark appeal as Campaign No. 39 on its Register of Major Campaigns.

 

 

 

This page was  last updated on 2006-07-17.