VCAT chairman recused, council to pursue John Lordan for legal fees

A developer who Nillumbik Council took to court more than two years ago has caused trouble again. This time his actions have not just angered the council, but has Eltham neighbours and VCAT staff up in arms.

The entrance to 91 John St in Eltham. Nillumbik Council has rejected plans to subdivide the lot, triggering a controversial hearing at VCAT.

Nillumbik Council will be demanding legal costs from an Eltham developer after it claims he caused a two-day VCAT hearing last month to be postponed.

And it is not the council’s first clash with the business operator.

John Lordan proposed works for a driveway extension and three-lot subdivision at 91 John St, Eltham, also known as the John St mud brick precinct — but the council refused the planning application late last year.

The matter was taken to VCAT and heard on July 10 and 11 but was thrown out on August 7 after video footage showed Mr Lordan interacting with the hearing’s chairman at what was supposed to be an “unaccompanied site visit”.

VCAT will continue the hearing with a new chairman on August 19, 22 and 23.

The property at 91 John St, Eltham is surrounding by quince trees and other native trees.

Eltham neighbour and objector to the proposal Richard Schurmann said Mr Lordan had “no right” to speak to the hearing’s chairman.

“It’s unfair — because it is supposed to be an unaccompanied site inspection, so the chairman can undertake a balanced and neutral review of the site,” he said.

Mr Lordan’s three-lot subdivision plan would retain the existing building, outbuildings and swimming pool at the site, but also proposes two new buildings and a new 5.5m-wide driveway at the property’s southeastern corner from Bridge St.

The two new buildings would be 529sq m and 558sq m allotments.

Nine trees at the site are also slated for removal, while an additional 17 trees would have works occurring within 5m of their base.

Mr Schurmann said the proposal threatened to savage a historically significant pocket of Eltham.

“The area was once a quince orchard, and a small number of quince trees, growing wild, are treasured as they attest to that heritage,” he said.

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Mr Schurmann also said neighbourhood pioneers such as Peter Glass, Gordon Ford, David Armfield, Graeme Bell and Roger Bell all built mud brick houses on the land in the 1930s which still stand there today.

“The layout of the lots would betray the history,” he said.

“Very special creative effort would be required to come up with a development plan that would be acceptable in this neighbourhood.”

Cr Peter Clarke said Mr Lordan would be pursued for the fees of having a council barrister present at the aborted two-day VCAT hearing, but a figure was yet to be established.

Mr Lordan was slapped with a $30,000 fine for the illegal removal of trees from a separate Eltham property in 2017.

Narrow-leaved peppermint, yellow box and long-leaved box trees had all been felled at his Diamond St property.

Mr Lordan was contacted by the Leader, but refused to comment.

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