VCAT appeal for St Albans Park subdivision

VICTORIA’S planning umpire has forced the City of Greater Geelong to invite St Albans Park residents to participate in an appeal against a subdivision plan that would breach restrictive covenants applying to properties in the suburb.

The city has approved a subdivision for a property at 31-33 Woods Road and has been forced to directly notify neighbours of its intention following an order from the Victorian Civil and Administrative Tribunal (VCAT).

The subdivision would carve the 2,800sqm block in two, creating a second lot of 797sqm behind an existing property that would remain on a 2,009sqm parcel.

The city’s decision is under appeal ath VCAT, with hearing dates set between March and May next year.

The covenants have applied to the St Albans Park properties since the late 1990s, when the former horse stud was subdivided into residential lots and are intended to protect low-density living in the area where most blocks are in the range of 3,000sqm.

Objectors submitted to VCAT earlier this year that the subdivision would cause a loss of character and amenity in the neighbourhood, financial impacts and potential impact on nearby significant burials.

In a ruling handed down earlier this month, VCAT senior member Carol Daicic found that the proposed subdivision would breach covenants.

“I consider that the grant of the planning permit could cause material detriment to the beneficiaries of the covenants… and they should be entitled to notice in the event they wish to participate in the proceeding.”

Residents have until January 6, and must pay a fee to the tribunal, to apply to become a party in the proceedings.

The VCAT decision is separate to the city’s public notification process that finished last month.