Church appeals to VCAT for Heidelberg Road Alphington apartment block
An inner-city council has blamed a computer glitch for failing to notify close to 100 objectors a developer’s appeal had gone to VCAT.
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A computer error has been blamed for failing to notify objectors the application for a 13-storey apartment block had been appealed in VCAT.
Neighbours of the site at 582 Heidelberg Rd, Alphington went into panic mode after they contacted the court, suspicious of not hearing anything, and discovered the application had been submitted months beforehand.
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Yarra Council received 127 formal objections to the proposed residential tower and councillors knocked back a planning permit for the site on June 13 despite recommendations from their own officers for it to be granted.
West Alphington Residents Incorporated president Brad Marsh said the objectors knew it was highly likely land owners, Churches of the Christ, would appeal the decision in VCAT and became suspicious when they didn’t hear anything.
After a few months the group called VCAT themselves and were horrified to learn an application had been lodged months ago and a hearing date was set for a few weeks time.
Mr Marsh believed without any objectors scheduled to appear in court, the application would have been rubber stamped.
“We wrote a letter to Churches of the Christ pleading for them not to take it to VCAT. If anyone would have received a notice, we all would have known about it,” he said.
When the group contacted Yarra Council, they were informed the council had made an error in providing a list of objectors to VCAT and had removed around 80 names from the list.
Yarra director of planning and place making Bruce Phillips said the error was “unfortunate” but the council immediately took steps to create a complete list when they were made aware of the problem.
Mr Marsh said the group got an “absolute win” after the tribunal agreed to postpone proceedings from December 11 until April.
The group will now have time to seek counsel and expert witnesses.
The council will also oppose the development at VCAT.
The proposal for construction of a 13-storey building was denied by Yarra Council because of a number of concerns including excessive height, inappropriate design and its use as an apartment building on commercially zoned land.
It is understood Churches of the Christ put the site up for sale in 2015 after buying it for $5 million in 2005.
The church did not respond to requests for comment.
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