Vermont winery has won an appeal in the Administrative Appeals Tribunal to open a 30 seat restaurant.Vermont winery has won an appeal in the Administrative Appeals Tribunal to open a 30 seat restaurant.wineries, vermont winery, cooper, scott, parkes, dennis

The proposal for a block of apartments in Watsonia will go to the Victorian Civil and Administrative Tribunal after the developer failed to reach an agreement with Banyule City Council.News clipping, black text.watsonia, town planning, unit development watsonia

Proposal to demolish and develop two 2 storey houses on the site were taken to Administrative Appeals Tribunal by neighbours and PMH&PS members, December 1997. Appeal was lost.Small colour photo of 163 Bridge Street ('Mandalay') Feb 1998 after it had been approved for demolition for the building of two town housesbuilt environment - domestic, mandalay, bridge street

``Newspaper clipping from "The Mail", 29-10-1996, P 1. GAMING FIGHT. By Jamie Duncan North Ringwood residents have rallied against a plan to build a gaming venue near North Ringwood shopping centre, with the community chipping in to fund the case before the Administrative Appeals Tribunal.`

Newspaper article: Council nod on land sale, Diamond Valley Leader, 24 July 2002, Nillumbik Council voted to sell this land. Newspaper article: Grapple on Gateway, Diamond Valley Leader, 11 September 2002, photograph of demonstrators against development of land. Newspaper article: Prominent site protected, Diamond Valley Leader, 6 December 2006, Victorian Civil and Administrative Tribunal upheld decision to refuse development permit, action by Eltham Gateway Action Group. Newspaper article: Daniel's a tree fella, Diamond Valley Leader, 24 July 2002, Daniel Jarvis involved in Planet Ark's National Tree Planing Day, Friends of Falkiner Street Reserve.main road, eltham, property, eltham gateway action group, daniel jarvis, friends of falkiner street reserve.

``Newspaper clipping from "The Mail", 21-1-97, P11, Move on club soon. By Jamie Duncan The Administrative Appeals Tribunal has still not handed down its decision on whether to allow construction of the controversial Glenwood Social Club in North Ringwood. The proposal caused a storm of protest as residents, churches, traders and commumnity groups resisted the plan.`

The demolition of the historic Box Hill Primary School is to go ahead following the failure of an appeal to the Administrative Appeals Tribunal to keep the National Trust classified primary school. It was decided it would have cost too much to preserve. Whitehorse Council has approved the building of a $10 million nursing home and hostel. Cutting from Whitehorse Gazette.The demolition of the historic Box Hill Primary School is to go ahead following the failure of an appeal to the Administrative Appeals Tribunal to keep the National Trust classified primary school. box hill primary school, moorfields nursing home, box hill, national trust of australia (victoria)

In 1993 Eltham Shire Council issued a permit to Michael Muzur, Terry Lant and Andrew McMillan to redevelop the former Montmorency Theatre/Bingo Hall at 41-43 Were Street as an alcohol-free youth entertainment centre. Ron McCormack, retired former JP on behalf of 41 Joint Appellants consisting of local residents and traders successfully lobbied the community and won an Appeal to have the permit cancelled as unsuitable development. The Administrative Appeal Tribunal found that the proposed development came withing the Eltham Planning Scheme definition of an 'amusement parlour' and that the playing of pool an amusement machines would be the focus of the centre and unlikely to attract older age groups. The tribunal was not satisfied the applicants had sufficient knowledge or where with all required for the successful running of this type of operation. With respect to the objectors, the Tribunal did not accept that a responsibly managed and attractive amusement parlour could not coexist near the adjoining residential area and without detriment to the commercial centre. At a Council meeting on June 7, 1994 councillors requested a report outlining criteria to be used to assess planning applications for youth entertainment venues given the Tribunal's view that a poorly managed facility in a small neighbourhood shopping centre, particularly in such close proximity to a residential area would not only have the potential to increase perceived youth problems, but could jeopardise the prospects of future proposals. Ron McCormack moved to Montmorency from Coburg in the early 1980s and from then sat on the bench at Eltham Courthouse when Police requested assistance out of hours, until the eventuial closure of the Courthouse. montmorency theatre, montmorency bingo hall, 41-43 were street, youth entertainment centre, eltham shire council, planning permit, administrative appeals tribunal, ron f mccormack

Photograph of Alf Argent, who was President of Melbourne Legacy in 1988. It is a professional photo taken for use in publications during his term as president. From a piece in the 1987 Annual Report which introduces him: "Alfred Argent, born in Lang Lang 1927 comes to the Presidency of Melbourne Legacy with a unique service record. At 18 he enlisted in the A.I.F. He was discharged to enter Duntroon, was commissioned and served in Japan, Korea, the UK, Malaya, Borneo, Vietnam, and the United States. He then joined the Public Service and served in the Antarctic Division, Public Services Board and the Bureau of Air Safety Investigation. Currently he is a part-time member of the Administrative Appeals Tribunal." It was in a folio of photos from 1988 and 1989 (see also 001042 to 01049) A record of the past presidents of Melbourne Legacy.Black and white photo of President Alf Argent.Pencil on the back 'Alf Argent'.past presidents, portrait

Photograph of Alf Argent, who was President of Melbourne Legacy in 1988. It could be a professional photo taken for use in publications during his term as president. From a piece in the 1987 Annual Report which introduces him: "Alfred Argent, born in Lang Lang 1927 comes to the Presidency of Melbourne Legacy with a unique service record. At 18 he enlisted in the A.I.F. He was discharged to enter Duntroon, was commissioned and served in Japan, Korea, the UK, Malaya, Borneo, Vietnam, and the United States. He then joined the Public Service and served in the Antarctic Division, Public Services Board and the Bureau of Air Safety Investigation. Currently he is a part-time member of the Administrative Appeals Tribunal." It was in a scrapbook of photos from 1983 to 1991.A record of the past presidents of Melbourne Legacy.Colour photo of President Alf Argent.Pencil on the back, Alf Argent.past presidents, portrait

A cutting from from a Melbourne Legacy President's report showing a photo of Legatee Alf Argent (President of Melbourne Legacy in 1988). It was collected to be a record of a photo of past presidents. Also a large black and white photo of him. "Alfred Argent, born in Lang Lang 1927 comes to the Presidency of Melbourne Legacy with a unique service record. At 18 he enlisted in the A.I.F. He was discharged to enter Duntroon, was commissioned and served in Japan, Korea, the UK, Malaya, Borneo, Vietnam, and the United States. He then joined the Public Service and served in the Antarctic Division, Public Services Board and the Bureau of Air Safety Investigation. Currently he is a part-time member of the Administrative Appeals Tribunal." He joined Moorabbin branch of Legacy in 1976. The article was part of an album of past presidents from 1965 to 1989. The folder included biographical details and obituaries, eulogies and death notices of prominent Legatees. The items have been catalogued separately.A record of Legatee Alf Argent a past president of Legacy. The information was collected to record the lives of prominent legatees in a folder.An article with a black and white photo of Legatee Alf Argent - President 1988.past presidents, alf argent, portrait

Folder of information relating to the library dates from 1988 to 1995 (before during and after construction of current Eltham Library located in Panther Place, Eltham). Folder includes record of meeting 15 October 1995 to relaunch FOEL. Includes plans of the library and draft constitution Bank account information. Selection of material re planning for new library including: Shire of Eltham Eltham Library Occasional committee agenda, Adult Literacy Group background; consultation progress. 1988-89. Newspaper article The aims of the community group are to (in summary) provide an opportunity for the community to support its library. To encourage appreciation of the library service and its resources. To encourage better communication between council, library staff and the community, to promote the library by raising funds and undertaking special projects and to foster good relationships. Also 15 page written submission prepapred on behalf of the Council of the Shire of Eltham and hand written notes by Harry Gilham in a folder. Submission to Administrative Appeals Tribunal of Victoria. Appeal on behalf of the Council of the Shire of Eltham supporting issuance of Permit, by Maddock Lonie and Chisholm, 21 January 1993. The submission includes discussion of the application, the subject land and the surrounding area, the proposed development, the planning controls, the objections, comments from referral authorities, the appeals, council's commitment to the projectand discussion of the issues raised.HG Booklets 2, 6 and 49.eltham library, friends of eltham library, community group, eltham adult literacy group inc., harry gilham collection

Aerial photographs of Montmorency Shopping Village with a central focus on the former Montmorency Theatre and Bingo Hall situated at 41-43 Werte Street. In 1993 Eltham Shire Council issued a permit to Michael Muzur, Terry Lant and Andrew McMillan to redevelop the former Montmorency Theatre/Bingo Hall at 41-43 Were Street as an alcohol-free youth entertainment centre. Ron McCormack, retired former JP on behalf of 41 Joint Appellants consisting of local residents and traders successfully lobbied the community and won an Appeal to have the permit cancelled as unsuitable development. The Administrative Appeal Tribunal found that the proposed development came withing the Eltham Planning Scheme definition of an 'amusement parlour' and that the playing of pool an amusement machines would be the focus of the centre and unlikely to attract older age groups. The tribunal was not satisfied the applicants had sufficient knowledge or where with all required for the successful running of this type of operation. With respect to the objectors, the Tribunal did not accept that a responsibly managed and attractive amusement parlour could not coexist near the adjoining residential area and without detriment to the commercial centre. At a Council meeting on June 7, 1994 councillors requested a report outlining criteria to be used to assess planning applications for youth entertainment venues given the Tribunal's view that a poorly managed facility in a small neighbourhood shopping centre, particularly in such close proximity to a residential area would not only have the potential to increase perceived youth problems, but could jeopardise the prospects of future proposals. Ron McCormack moved to Montmorency from Coburg in the early 1980s and from then sat on the bench at Eltham Courthouse when Police requested assistance out of hours, until the eventuial closure of the Courthouse. montmorency theatre, montmorency bingo hall, 41-43 were street, youth entertainment centre, eltham shire council, planning permit, administrative appeals tribunal, ron f mccormack, aerial photograph

Aerial photographs of Montmorency Shopping Village with a central focus on the former Montmorency Theatre and Bingo Hall situated at 41-43 Werte Street. In 1993 Eltham Shire Council issued a permit to Michael Muzur, Terry Lant and Andrew McMillan to redevelop the former Montmorency Theatre/Bingo Hall at 41-43 Were Street as an alcohol-free youth entertainment centre. Ron McCormack, retired former JP on behalf of 41 Joint Appellants consisting of local residents and traders successfully lobbied the community and won an Appeal to have the permit cancelled as unsuitable development. The Administrative Appeal Tribunal found that the proposed development came withing the Eltham Planning Scheme definition of an 'amusement parlour' and that the playing of pool an amusement machines would be the focus of the centre and unlikely to attract older age groups. The tribunal was not satisfied the applicants had sufficient knowledge or where with all required for the successful running of this type of operation. With respect to the objectors, the Tribunal did not accept that a responsibly managed and attractive amusement parlour could not coexist near the adjoining residential area and without detriment to the commercial centre. At a Council meeting on June 7, 1994 councillors requested a report outlining criteria to be used to assess planning applications for youth entertainment venues given the Tribunal's view that a poorly managed facility in a small neighbourhood shopping centre, particularly in such close proximity to a residential area would not only have the potential to increase perceived youth problems, but could jeopardise the prospects of future proposals. Ron McCormack moved to Montmorency from Coburg in the early 1980s and from then sat on the bench at Eltham Courthouse when Police requested assistance out of hours, until the eventuial closure of the Courthouse. montmorency theatre, montmorency bingo hall, 41-43 were street, youth entertainment centre, eltham shire council, planning permit, administrative appeals tribunal, ron f mccormack, aerial photograph

Aerial photographs of Montmorency Shopping Village with a central focus on the former Montmorency Theatre and Bingo Hall situated at 41-43 Werte Street. In 1993 Eltham Shire Council issued a permit to Michael Muzur, Terry Lant and Andrew McMillan to redevelop the former Montmorency Theatre/Bingo Hall at 41-43 Were Street as an alcohol-free youth entertainment centre. Ron McCormack, retired former JP on behalf of 41 Joint Appellants consisting of local residents and traders successfully lobbied the community and won an Appeal to have the permit cancelled as unsuitable development. The Administrative Appeal Tribunal found that the proposed development came withing the Eltham Planning Scheme definition of an 'amusement parlour' and that the playing of pool an amusement machines would be the focus of the centre and unlikely to attract older age groups. The tribunal was not satisfied the applicants had sufficient knowledge or where with all required for the successful running of this type of operation. With respect to the objectors, the Tribunal did not accept that a responsibly managed and attractive amusement parlour could not coexist near the adjoining residential area and without detriment to the commercial centre. At a Council meeting on June 7, 1994 councillors requested a report outlining criteria to be used to assess planning applications for youth entertainment venues given the Tribunal's view that a poorly managed facility in a small neighbourhood shopping centre, particularly in such close proximity to a residential area would not only have the potential to increase perceived youth problems, but could jeopardise the prospects of future proposals. Ron McCormack moved to Montmorency from Coburg in the early 1980s and from then sat on the bench at Eltham Courthouse when Police requested assistance out of hours, until the eventuial closure of the Courthouse. montmorency theatre, montmorency bingo hall, 41-43 were street, youth entertainment centre, eltham shire council, planning permit, administrative appeals tribunal, ron f mccormack, aerial photograph

Aerial photographs of Montmorency Shopping Village with a central focus on the former Montmorency Theatre and Bingo Hall situated at 41-43 Werte Street. In 1993 Eltham Shire Council issued a permit to Michael Muzur, Terry Lant and Andrew McMillan to redevelop the former Montmorency Theatre/Bingo Hall at 41-43 Were Street as an alcohol-free youth entertainment centre. Ron McCormack, retired former JP on behalf of 41 Joint Appellants consisting of local residents and traders successfully lobbied the community and won an Appeal to have the permit cancelled as unsuitable development. The Administrative Appeal Tribunal found that the proposed development came withing the Eltham Planning Scheme definition of an 'amusement parlour' and that the playing of pool an amusement machines would be the focus of the centre and unlikely to attract older age groups. The tribunal was not satisfied the applicants had sufficient knowledge or where with all required for the successful running of this type of operation. With respect to the objectors, the Tribunal did not accept that a responsibly managed and attractive amusement parlour could not coexist near the adjoining residential area and without detriment to the commercial centre. At a Council meeting on June 7, 1994 councillors requested a report outlining criteria to be used to assess planning applications for youth entertainment venues given the Tribunal's view that a poorly managed facility in a small neighbourhood shopping centre, particularly in such close proximity to a residential area would not only have the potential to increase perceived youth problems, but could jeopardise the prospects of future proposals. Ron McCormack moved to Montmorency from Coburg in the early 1980s and from then sat on the bench at Eltham Courthouse when Police requested assistance out of hours, until the eventuial closure of the Courthouse. montmorency theatre, montmorency bingo hall, 41-43 were street, youth entertainment centre, eltham shire council, planning permit, administrative appeals tribunal, ron f mccormack, aerial photograph

Aerial photographs of Montmorency Shopping Village with a central focus on the former Montmorency Theatre and Bingo Hall situated at 41-43 Werte Street. In 1993 Eltham Shire Council issued a permit to Michael Muzur, Terry Lant and Andrew McMillan to redevelop the former Montmorency Theatre/Bingo Hall at 41-43 Were Street as an alcohol-free youth entertainment centre. Ron McCormack, retired former JP on behalf of 41 Joint Appellants consisting of local residents and traders successfully lobbied the community and won an Appeal to have the permit cancelled as unsuitable development. The Administrative Appeal Tribunal found that the proposed development came withing the Eltham Planning Scheme definition of an 'amusement parlour' and that the playing of pool an amusement machines would be the focus of the centre and unlikely to attract older age groups. The tribunal was not satisfied the applicants had sufficient knowledge or where with all required for the successful running of this type of operation. With respect to the objectors, the Tribunal did not accept that a responsibly managed and attractive amusement parlour could not coexist near the adjoining residential area and without detriment to the commercial centre. At a Council meeting on June 7, 1994 councillors requested a report outlining criteria to be used to assess planning applications for youth entertainment venues given the Tribunal's view that a poorly managed facility in a small neighbourhood shopping centre, particularly in such close proximity to a residential area would not only have the potential to increase perceived youth problems, but could jeopardise the prospects of future proposals. Ron McCormack moved to Montmorency from Coburg in the early 1980s and from then sat on the bench at Eltham Courthouse when Police requested assistance out of hours, until the eventuial closure of the Courthouse. montmorency theatre, montmorency bingo hall, 41-43 were street, youth entertainment centre, eltham shire council, planning permit, administrative appeals tribunal, ron f mccormack, aerial photograph

Aerial photographs of Montmorency Shopping Village with a central focus on the former Montmorency Theatre and Bingo Hall situated at 41-43 Werte Street. In 1993 Eltham Shire Council issued a permit to Michael Muzur, Terry Lant and Andrew McMillan to redevelop the former Montmorency Theatre/Bingo Hall at 41-43 Were Street as an alcohol-free youth entertainment centre. Ron McCormack, retired former JP on behalf of 41 Joint Appellants consisting of local residents and traders successfully lobbied the community and won an Appeal to have the permit cancelled as unsuitable development. The Administrative Appeal Tribunal found that the proposed development came withing the Eltham Planning Scheme definition of an 'amusement parlour' and that the playing of pool an amusement machines would be the focus of the centre and unlikely to attract older age groups. The tribunal was not satisfied the applicants had sufficient knowledge or where with all required for the successful running of this type of operation. With respect to the objectors, the Tribunal did not accept that a responsibly managed and attractive amusement parlour could not coexist near the adjoining residential area and without detriment to the commercial centre. At a Council meeting on June 7, 1994 councillors requested a report outlining criteria to be used to assess planning applications for youth entertainment venues given the Tribunal's view that a poorly managed facility in a small neighbourhood shopping centre, particularly in such close proximity to a residential area would not only have the potential to increase perceived youth problems, but could jeopardise the prospects of future proposals. Ron McCormack moved to Montmorency from Coburg in the early 1980s and from then sat on the bench at Eltham Courthouse when Police requested assistance out of hours, until the eventuial closure of the Courthouse. montmorency theatre, montmorency bingo hall, 41-43 were street, youth entertainment centre, eltham shire council, planning permit, administrative appeals tribunal, ron f mccormack, aerial photograph

Aerial photographs of Montmorency Shopping Village with a central focus on the former Montmorency Theatre and Bingo Hall situated at 41-43 Werte Street. In 1993 Eltham Shire Council issued a permit to Michael Muzur, Terry Lant and Andrew McMillan to redevelop the former Montmorency Theatre/Bingo Hall at 41-43 Were Street as an alcohol-free youth entertainment centre. Ron McCormack, retired former JP on behalf of 41 Joint Appellants consisting of local residents and traders successfully lobbied the community and won an Appeal to have the permit cancelled as unsuitable development. The Administrative Appeal Tribunal found that the proposed development came withing the Eltham Planning Scheme definition of an 'amusement parlour' and that the playing of pool an amusement machines would be the focus of the centre and unlikely to attract older age groups. The tribunal was not satisfied the applicants had sufficient knowledge or where with all required for the successful running of this type of operation. With respect to the objectors, the Tribunal did not accept that a responsibly managed and attractive amusement parlour could not coexist near the adjoining residential area and without detriment to the commercial centre. At a Council meeting on June 7, 1994 councillors requested a report outlining criteria to be used to assess planning applications for youth entertainment venues given the Tribunal's view that a poorly managed facility in a small neighbourhood shopping centre, particularly in such close proximity to a residential area would not only have the potential to increase perceived youth problems, but could jeopardise the prospects of future proposals. Ron McCormack moved to Montmorency from Coburg in the early 1980s and from then sat on the bench at Eltham Courthouse when Police requested assistance out of hours, until the eventuial closure of the Courthouse. montmorency theatre, montmorency bingo hall, 41-43 were street, youth entertainment centre, eltham shire council, planning permit, administrative appeals tribunal, ron f mccormack, aerial photograph

Aerial photographs of Montmorency Shopping Village with a central focus on the former Montmorency Theatre and Bingo Hall situated at 41-43 Werte Street. In 1993 Eltham Shire Council issued a permit to Michael Muzur, Terry Lant and Andrew McMillan to redevelop the former Montmorency Theatre/Bingo Hall at 41-43 Were Street as an alcohol-free youth entertainment centre. Ron McCormack, retired former JP on behalf of 41 Joint Appellants consisting of local residents and traders successfully lobbied the community and won an Appeal to have the permit cancelled as unsuitable development. The Administrative Appeal Tribunal found that the proposed development came withing the Eltham Planning Scheme definition of an 'amusement parlour' and that the playing of pool an amusement machines would be the focus of the centre and unlikely to attract older age groups. The tribunal was not satisfied the applicants had sufficient knowledge or where with all required for the successful running of this type of operation. With respect to the objectors, the Tribunal did not accept that a responsibly managed and attractive amusement parlour could not coexist near the adjoining residential area and without detriment to the commercial centre. At a Council meeting on June 7, 1994 councillors requested a report outlining criteria to be used to assess planning applications for youth entertainment venues given the Tribunal's view that a poorly managed facility in a small neighbourhood shopping centre, particularly in such close proximity to a residential area would not only have the potential to increase perceived youth problems, but could jeopardise the prospects of future proposals. Ron McCormack moved to Montmorency from Coburg in the early 1980s and from then sat on the bench at Eltham Courthouse when Police requested assistance out of hours, until the eventuial closure of the Courthouse. montmorency theatre, montmorency bingo hall, 41-43 were street, youth entertainment centre, eltham shire council, planning permit, administrative appeals tribunal, ron f mccormack, aerial photograph

Aerial photographs of Montmorency Shopping Village with a central focus on the former Montmorency Theatre and Bingo Hall situated at 41-43 Werte Street. In 1993 Eltham Shire Council issued a permit to Michael Muzur, Terry Lant and Andrew McMillan to redevelop the former Montmorency Theatre/Bingo Hall at 41-43 Were Street as an alcohol-free youth entertainment centre. Ron McCormack, retired former JP on behalf of 41 Joint Appellants consisting of local residents and traders successfully lobbied the community and won an Appeal to have the permit cancelled as unsuitable development. The Administrative Appeal Tribunal found that the proposed development came withing the Eltham Planning Scheme definition of an 'amusement parlour' and that the playing of pool an amusement machines would be the focus of the centre and unlikely to attract older age groups. The tribunal was not satisfied the applicants had sufficient knowledge or where with all required for the successful running of this type of operation. With respect to the objectors, the Tribunal did not accept that a responsibly managed and attractive amusement parlour could not coexist near the adjoining residential area and without detriment to the commercial centre. At a Council meeting on June 7, 1994 councillors requested a report outlining criteria to be used to assess planning applications for youth entertainment venues given the Tribunal's view that a poorly managed facility in a small neighbourhood shopping centre, particularly in such close proximity to a residential area would not only have the potential to increase perceived youth problems, but could jeopardise the prospects of future proposals. Ron McCormack moved to Montmorency from Coburg in the early 1980s and from then sat on the bench at Eltham Courthouse when Police requested assistance out of hours, until the eventuial closure of the Courthouse. montmorency theatre, montmorency bingo hall, 41-43 were street, youth entertainment centre, eltham shire council, planning permit, administrative appeals tribunal, ron f mccormack, aerial photograph

Aerial photographs of Montmorency Shopping Village with a central focus on the former Montmorency Theatre and Bingo Hall situated at 41-43 Werte Street. In 1993 Eltham Shire Council issued a permit to Michael Muzur, Terry Lant and Andrew McMillan to redevelop the former Montmorency Theatre/Bingo Hall at 41-43 Were Street as an alcohol-free youth entertainment centre. Ron McCormack, retired former JP on behalf of 41 Joint Appellants consisting of local residents and traders successfully lobbied the community and won an Appeal to have the permit cancelled as unsuitable development. The Administrative Appeal Tribunal found that the proposed development came withing the Eltham Planning Scheme definition of an 'amusement parlour' and that the playing of pool an amusement machines would be the focus of the centre and unlikely to attract older age groups. The tribunal was not satisfied the applicants had sufficient knowledge or where with all required for the successful running of this type of operation. With respect to the objectors, the Tribunal did not accept that a responsibly managed and attractive amusement parlour could not coexist near the adjoining residential area and without detriment to the commercial centre. At a Council meeting on June 7, 1994 councillors requested a report outlining criteria to be used to assess planning applications for youth entertainment venues given the Tribunal's view that a poorly managed facility in a small neighbourhood shopping centre, particularly in such close proximity to a residential area would not only have the potential to increase perceived youth problems, but could jeopardise the prospects of future proposals. Ron McCormack moved to Montmorency from Coburg in the early 1980s and from then sat on the bench at Eltham Courthouse when Police requested assistance out of hours, until the eventuial closure of the Courthouse. montmorency theatre, montmorency bingo hall, 41-43 were street, youth entertainment centre, eltham shire council, planning permit, administrative appeals tribunal, ron f mccormack, aerial photograph

On 15 December 1994 the former Shire of Eltham ceased to exist following the Liberal Kennett Government local council amalgamations. A new Nillumbik Shire Council was established with unelected commissioners appointed. That Council sold the former Eltham Shire Council Offices and land at 89S Main Road Eltham to Dallas Price Homes Pty. Ltd. the sale being conditional upon the granting of a planning permit for a petrol station/convenience store, fast food and video outlet. The sale was conditional that if the permit was not granted by 30 August. 1997, the contract could be avoided by either the purchaser or the vendor. The proposed development consisted of a petrol station with undercover fuelling facilities, convenience shopping, a drive through service facility for fast food, an 80 seat cafe, automated banking, a children's play area and retail space. In addition, the proposal included a 200 square metre community facility for Council use, provision of on site carparking over 2 levels for 83 vehicles, and advertising signage. The Advisory Committee was appointed under Section 151 of the Planning and Environment Act 1987 to hear submissions on the proposal to develop the land at 895 Main Road Eltham, the site of the former Eltham Shire Offices. In September 1996, two applications were made by Contour Consultants Australia Pty Ltd on behalf of Dallas Price Homes Ply Ltd, to Nillumbik Shire Council. After extensive notification, the Council received 213 objections and a petition of over 1400 signatures. On October 9, 1996, Nillumbik Shire Council issued Notices of Decision to Grant Permit on Applications number 96/03376 and 96/0377 for the use and development of the land as a convenience Centre consisting of a petrol station, convenience store, cafe/takeaway food premises, a retail facility and a community facility, with associated advertising signs. Objectors to the proposals lodged Planning Appeals number 96/40724 and 96/40812 with the Administrative Appeals Tribunal on November 1, 1996. The grounds of appeal can be summarised as: inappropriate development, insufficient carparking, traffic and access issues, unsatisfactory design, inadequate permit conditions, the proposal being out of character with the area. and being contrary to the purpose and orderly development of the Eltham Town Centre, excessive noise, lack of consultation and unsuitable signage. On November 13, 1996, the Minister for Planning and Local Government directed the Registrar of the Administrative Appeals Tribunal. under Section 41 (1) (a) of the Planning Act 1980, to refer the Appeals to the Governor in Council for determination without a hearing or recommendation by the Tribunal. The Minister for Planning and Local Government called in the Appeals as he considered that they raised major issues of policy relating to the facilitation of development in accordance with the objectives set out in Section 4 of the Planning and Environment Act 1987, and that determination of the Appeals could have a substantial effect on the achievement of these planning objectives. The Minister required the Advisory Committee to consider the planning merits of the proposed use and development, and to address the issues raised in the objections. The Advisory Committee was required to produce a report providing: • The Committee's response to the matters detailed; • Relevant supporting information for the Advisory Committee's recommendation; and • A description of the proceedings conducted by the Advisory Committee and a list of those consulted or heard by the Committee. In March 1997, elections were held in the Shire of Nillumbik and the view of the new Council to this proposal differed from the view held by the earlier Council Hence the Submission made to the Committee by the Shire was against the decision by the Shire of Nillumbik to issue the Notices of Decision to Grant a Permit. The Recommendations of the Advisory Committee were: i. The cafe and take away food premises are as of right uses and are therefore allowable, but that shop and petrol station are unacceptable uses. A community facility is a discretionary use and is acceptable. ii. A development of the type and scale proposed is totally inappropriate for this land and that the Applications number 96/03376 and 96/0377 for the use and development of the land as a convenience Centre consisting of a petrol station, convenience store, café/takeaway food premises, a retail facility and a community facility, with associated advertising signs, be refused. iii. The land should be rezoned for public purposes and should remain in the community's ownership for community use. 895 main road, advisory committee, dallas price homes, eltham, eltham shire office, nillumbik shire council, planning application, administrative appeals tribunal

On 15 December 1994 the former Shire of Eltham ceased to exist following the Liberal Kennett Government local council amalgamations. A new Nillumbik Shire Council was established with unelected commissioners appointed. That Council sold the former Eltham Shire Council Offices and land at 89S Main Road Eltham to Dallas Price Homes Pty. Ltd. the sale being conditional upon the granting of a planning permit for a petrol station/convenience store, fast food and video outlet. The sale was conditional that if the permit was not granted by 30 August. 1997, the contract could be avoided by either the purchaser or the vendor. The proposed development consisted of a petrol station with undercover fuelling facilities, convenience shopping, a drive through service facility for fast food, an 80 seat cafe, automated banking, a children's play area and retail space. In addition, the proposal included a 200 square metre community facility for Council use, provision of on site carparking over 2 levels for 83 vehicles, and advertising signage. An Advisory Committee consisting of Dimitry Reed and Margaret Pitt was appointed under Section 151 of the Planning and Environment Act 1987 to hear submissions on the proposal to develop the land at 895 Main Road Eltham, the site of the former Eltham Shire Offices. In September 1996, two applications were made by Contour Consultants Australia Pty Ltd on behalf of Dallas Price Homes Ply Ltd, to Nillumbik Shire Council. After extensive notification, the Council received 213 objections and a petition of over 1400 signatures. On October 9, 1996, Nillumbik Shire Council issued Notices of Decision to Grant Permit on Applications number 96/03376 and 96/0377 for the use and development of the land as a convenience Centre consisting of a petrol station, convenience store, cafe/takeaway food premises, a retail facility and a community facility, with associated advertising signs. Objectors to the proposals lodged Planning Appeals number 96/40724 and 96/40812 with the Administrative Appeals Tribunal on November 1, 1996. The grounds of appeal can be summarised as: inappropriate development, insufficient carparking, traffic and access issues, unsatisfactory design, inadequate permit conditions, the proposal being out of character with the area. and being contrary to the purpose and orderly development of the Eltham Town Centre, excessive noise, lack of consultation and unsuitable signage. On November 13, 1996, the Minister for Planning and Local Government directed the Registrar of the Administrative Appeals Tribunal. under Section 41 (1) (a) of the Planning Act 1980, to refer the Appeals to the Governor in Council for determination without a hearing or recommendation by the Tribunal. The Minister for Planning and Local Government called in the Appeals as he considered that they raised major issues of policy relating to the facilitation of development in accordance with the objectives set out in Section 4 of the Planning and Environment Act 1987, and that determination of the Appeals could have a substantial effect on the achievement of these planning objectives. The Minister required the Advisory Committee to consider the planning merits of the proposed use and development, and to address the issues raised in the objections. The Advisory Committee was required to produce a report providing: • The Committee's response to the matters detailed; • Relevant supporting information for the Advisory Committee's recommendation; and • A description of the proceedings conducted by the Advisory Committee and a list of those consulted or heard by the Committee. In March 1997, elections were held in the Shire of Nillumbik and the view of the new Council to this proposal differed from the view held by the earlier Council Hence the Submission made to the Committee by the Shire was against the decision by the Shire of Nillumbik to issue the Notices of Decision to Grant a Permit. The Recommendations of the Advisory Committee were: i. The cafe and take away food premises are as of right uses and are therefore allowable, but that shop and petrol station are unacceptable uses. A community facility is a discretionary use and is acceptable. ii. A development of the type and scale proposed is totally inappropriate for this land and that the Applications number 96/03376 and 96/0377 for the use and development of the land as a convenience Centre consisting of a petrol station, convenience store, café/takeaway food premises, a retail facility and a community facility, with associated advertising signs, be refused. iii. The land should be rezoned for public purposes and should remain in the community's ownership for community use. Following this, the Minister for Planning and Local Government, the Hon. Robert Maclellan, appointed Mr. Paul Jerome as an Advisory Committee under section 151 of the Planning and Environment Act 1987 to consider a Convenience Centre and an alternative proposal by Iha Shire of Nillumbik being the Eltham Gateway Community Precinct Concept Plan for the site of the former Shire of Eltham municipal offices at 895 Main Road, Eltham. In summary, the terms of reference for the Advisory Committee required it to: • consider the merits of the Council proposal • examine the merits of both proposals in terms of net community benefit • address the report of the previous Advisory Committee on the Convenience Centre proposal The Advisory Committee inspected the site and considered all the material before It including submissions made by all parties to the previous Advisory Committee and correspondence received by the Department of Infrastructure both before and after that Committee submltted its report. The Advisory Committee also held discussions with the following people: • Cr. Robert Marshall • Cr. Margaret Jennings • Cr. Lex de Man • Mr. Dallas Howgate of Dallas Price Properties, also Dallas Price Homes • Mr. Barry Rochford, CEO, Shire of Nillumbik • Ms. Yvonne Rust, Planning Officer, Shire of Nillumbik • Mr. Gregory Burgess, Architect of the Eltham Library and of Council’s Community Precinct Concept Plan • Mr. Jim Connor representing Mrs Thelma Barkway of the Eltham Senior Citizens Club Having considered all the material before it, the Committee arrived at two basic conclusions. First, the DPP proposal should be rejected because, on its merits, It does not sufficiently satisfy the requirements of the planning scheme which is a statutory document. The planning scheme requires that, before making a decision on the permit applications for the DPP proposal, a range of matters must be considered. It follows that consideration of these matters should Influence the decision. These matters include local policies relating to character and amenity. In particular, these policies seek • to conserve and enhance the bushland/country atmosphere, artistic heritage and strong sense of community of the Eltham Town Centre by ensuring that the design and height of any new development is sympathetic to existing buildings • to achieve a pleasing physical environment within the Eltham Town Centre by encouraging a high standard of architecture and urban design • to encourage Improvement to pedestrian amenity through such facilities as open and shattered rest areas and meeting places, crossing facilities, pedestrian arcades, pedestrian links to car parks and pedestrian weather protection • to reduce conflict between vehicular traffic and pedestrian flows, and • to encourage pedestrian thoroughfares It is submitted, as set out In the main body of this report, that the DPP proposal fails substantially to meet these policies and In so doing does not merit the exercise of discretion In Its favour with the Issuing of a permit. This finding is not offset by the investment and employment attributes of the proposal. They do not override the need to comply with the planning scheme. Second, the Council proposal, on Its own merits, substantially meets all statutory requirements applicable to this site with a possible reservation about car parking and traffic management which need further definition and assessment as the concept is refined. The Council proposal, however, has a serious weakness in that Its financial viability has not been adequately tested. The Committee refers to 'financial' rather than 'commercial' viability in recognition that Council owns the land and may enter into a range of agreements and partnerships to realise its concept some of which may be truly commercial and some of which may involve an element of subsidy arising from Council's involvement as a public body acting on behalf of its community. The Committee concludes that Council should be given the opportunity, within a reasonable timeframe to establish the financial feasibility of its concept and should develop a strategy for the future of Its land asset at 895 Main Road in the event that Its concept for the site cannot be realised. 895 main road, advisory committee, dallas price homes, eltham, eltham shire office, nillumbik shire council, planning application, administrative appeals tribunal