Wantirna Caravan Park: developer wins year-long VCAT case to build townhouses
A DEVELOPER has won a long-running legal stoush to demolish a Wantirna caravan park once home to 200 people — but there is a catch.
Outer East
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A DEVELOPER has won a long-running legal fight to demolish Wantirna Caravan Park and put up townhouses.
But the plans have had to be scaled back from 294 properties to 248, as part of a compromise approved by the state’s planning tribunal.
Chinese-backed property developer LongRiver bought the park for $35.6 million in August 2016 and the park’s 200 residents, including 153 people who lived there permanently, were evicted without compensation in January.
WANTIRNA CARAVAN PARK RESIDENT WINS RIGHT TO STAY AT HOME: VCAT
WANTIRNA CARAVAN PARK CLOSES AFTER YEAR-LONG FIGHT TO KEEP IT OPEN
WANTIRNA CARAVAN PARK BATTLERS FIGHT TO SAVE HOMES FROM DEVELOPERS
All but one of the residents have gone, with David Filliponi the park’s last man standing after winning his own legal case to get an extension on his notice to vacate.
Mr Filliponi, 57, said he only found out about the amended permit being approved when contacted by Knox Leader this week.
But he said it would not change his resolve to stay.
Mr Filliponi successfully argued at the tribunal earlier this year that he was not given a proper eviction notice and was granted another 12 months’ notice period — meaning he won’t have to leave until March 2019.
“I’ve got 12 months and I’ll take 12 months; I want people to know how unfair everyone’s been treated,” he said.
LongRiver’s initial plan was to build 294 townhouses but was rejected by Knox Council in July 2017 on the grounds the application had “fundamental problems”.
LongRiver appealed that decision to the tribunal and submitted a revised version of its design, which was debated over six days of hearings between December 2017 and June this year.
WANTIRNA CARAVAN PARK’S BARRY BEDWELL, 81, TAKES ON DEVELOPER AND WINS
CARAVAN PARK TOWNHOUSE PLAN REJECTED
PENSIONERS, ELDERLY FORCED OUT OF CARAVAN PARK
‘I STARTED CRYING … PEOPLE ARE SO UPSET’
DEVELOPER URGED TO ‘HAVE A CONSCIENCE’
In its decision, the tribunal’s senior presiding member Laurie Hewet and member Joel Templar wrote: “Our conclusions about the acceptability of this proposal are informed by a range of factors including the broadly acceptable layout, design, scale and intensity of development proposed. This is not a case in which allegations of overdevelopment have been made or could be reasonably be sustained.”
Knox Council said it would not appeal the tribunal’s decision.
Mayor John Mortimore said the while the developer had made an amended application “the plans did not go far enough, and fell short of what could be considered an acceptable outcome”.
“While the final outcome is less than what the council and the community may have hoped for, the council has used this experience to push for reform of the Residential Tenancies Act, including the insertion of a compensation clause to assist residents of caravan parks with the cost of relocating to new accommodation.”
LongRiver declined to comment.
Mr Filliponi said his decision to stay on as the park’s sole resident had gained a lot of public support.
“I’ve had people come up to me on the street saying ‘good on you mate’ and ‘well done’,” he said.
Mr Filliponi has twice been targeted by burglars — the latest incident involving the theft of his chainsaw and lawnmower on June 29.
He said security was a concern and the rest of the park now resembled a bomb site but he planned to stay on and “wait and see” how development plans unfold.
He said he had not yet received any financial offer to entice him to leave early.
“If there was of course you’d look at it and maybe you could sort something out. If not I’ll still be here.”
Ferntree Gully state Liberal MP Nick Wakeling said traffic issues around Mountain Highway and the surrounding area would pose a concern once development starts.
“Given the scale of the project we need to ensure it’s a positive not a negative outcome for the community,” he said.
“From my perspective we don’t want to be left with a legacy that will need to be fixed at some point in the future.”
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