Council to act on Andersons Road

The City of Greater Geelong (CoGG) has told DCSCA that it intends to extend Peninsula Drive to Belchers Road in Drysdale and to link this project with the construction of the sports centre and of the Drysdale bypass.

This very good news follows DCSCA's request that the council extend Peninsula Drive through to Belcher’s Road as a matter of urgency, to reduce traffic congestion and safety risks and to increase access by emergency services vehicles to the nearby schools precinct.

DCSCA's request reinforces a similar request to CoGG by Vic Roads. DCSCA had also asked that the works be completed prior to the start of construction of the Drysdale bypass.

CoGG has said that the Peninsula Drive project will depend on funding being available and that the council is examining various options to ensure completion "in a timely manner".

Minister supports DCSCA over legal bill

Lisa Neville, state Member of Bellarine and Minister for Environment, Climate Change and Water, publicly called on Milemaker Petroleum to relieve DCSCA of the $5,500 in Milemaker's legal costs that the Victorian Civil and Administrative Tribunal (VCAT) has ordered it to pay.

The VCAT order followed its rejection of DCSCA's request to overturn planning permission for a new Milemaker service station in Drysdale. (See "VCAT orders DCSCA to pay $5,500 legal bill", 3 September 2015 on this blog.)

Ms Neville's call came in a speech to the Victorian state parliament on 20 August 2015.

Her speech reinforced remarks about the case made by Victorian Attorney-General Martin Pakula two days before. An article in The Age newspaper (18 August) about DCSCA's position included the following:
"(Mr. Pakula) said while Milemaker Petroleum now had the right to recover costs from the Drysdale and Clifton Springs Community Association, 'it could decide not to. I would encourage the respondent to consider its relationship with the local community in making that decision'."

Lisa Neville

Ms Neville's statement follows.
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This morning I call on Caltex Franchisee, Milemaker Petroleum, as a show of good will to the people of Drysdale, to waive the $5,500 in legal costs recently awarded against the Drysdale Clifton Springs Community Association.

The Drysdale and Clifton Springs Community Association is a very much respected volunteer led organisation that works tirelessly in representing the views and concerns of local residents.

In doing this, the Association in January 2014 lodged a submission opposing the proposed Milemaker service station with the City of Greater Geelong. Like many other local submissions, the Association argued that the site was an inappropriate location and zoned Rural Living. As Local Member I also provided my full support to this reasonable position, as did a petition of more than 400 hundred people.

However, COGG approved the application and the association then appealed the decision to VCAT. The appeal was dismissed on the grounds it was lodged late. Milemaker applied for legal costs, which was awarded by VCAT to the tune of $5,500.

This is a very substantial amount for any voluntary association and there is genuine fear that if these funds cannot be raised by the community, the Drysdale Clifton Springs Community Association will fold. That would be a devastating effect on the individuals involved and of course the wider community.

I therefore reiterate my call on Milemaker, as a show of good will, to waive this cost and begin the important process of building bridges with locals and in doing so becoming part of the wonderful community that Drysdale is.

Media interest in DCSCA's legal bill

DCSCA's media release about the decision by the Victorian Civil and Administrative Tribunal (VCAT)to award $5,500 in legal costs against it generated widespread media interest.

The service station being built

VCAT has ordered DCSCA to pay $5,500 in legal costs to Caltex franchisee Milemaker Petroleum by 7 December 2015. Milemaker Petroleum had asked VCAT for $26,000 in legal costs. It is building a service station at the junction of Jetty Road and High Street, Drysdale, having received planning permission by the City of Greater Geelong council.

The media release (posted on this blog on 3 September 2015) led to appearances on radio stations BayFM and ABC3LO, together with articles in The Age, the Geelong Advertiser, the Independent and the Bellarine Times.

All the coverage was sympathetic to DCSCA's position and journalists asked to be told of any future developments.

VCAT orders DCSCA to pay $5,500 legal bill

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The Victorian Civil and Administrative Tribunal (VCAT) has ordered the Drysdale & Clifton Springs Community Association (DCSCA) to pay $5,500 in legal costs to Caltex franchisee Milemaker Petroleum by 7 December 2015.

The service station being built

Milemaker Petroleum had asked VCAT for $26,000 in legal costs. It is building a service station at the junction of Jetty Road and High Street, Drysdale, having received planning permission by the City of Greater Geelong council.

DCSCA's case

DCSCA had asked VCAT to overturn Milemaker’s planning permission for two reasons.

First, the association argued that the council had ignored local opposition to the proposal. When the council invited public comment on Milemaker’s proposal in January 2014, every submission opposed it, arguing that a service station was inappropriate at that location, which is zoned Rural Living. Prior to the VCAT hearing in May 2015, more than 400 people signed a DCSCA petition opposing the service station, most saying that they hadn’t heard of it.

Second, the association argued that planning permission for the service station was inconsistent with the council’s refusal of planning permission for a child care centre in the same Rural Living zone, deeming a commercial development inappropriate.

The site as it was

At the VCAT hearing, the association wasn’t allowed to put its case. Milemaker’s lawyers argued that the association’s application should be dismissed, as it had been submitted after the due date for such applications. The chair of the hearing agreed, dismissed the application and invited Milemaker to apply for its legal costs.

DCSCA's costs alternative gains wide support

DCSCA asked VCAT not to award legal costs against it and, instead, to make each side pay its own costs. The request received widespread support, including representatives from each level of government: local federal MPs Richard Marles and Sarah Henderson, local state MP and Environment Minister Lisa Neville and local councillor Rod Macdonald. Support also came from local community groups, including the Bellarine Catchment Network, Bike Safe and the Clifton Springs Tennis Club.

Further, an online petition (organised independently of DCSCA) asking VCAT not to make DCSCA pay Milemaker’s legal costs has gathered 349 signatures.

Nonetheless, VCAT ordered the community association to pay Milemaker $5,500 in legal costs.

The association plans to ask Milemaker to write off the $5,500 as a gesture of good will to the local community.