Friends
of Nillumbik asked Council: Friends of Nillumbik has been informed that trees were removed from a property at 2a Norma Street, Diamond Creek and that despite being ordered by Council to stop this operation the landowner continued it and many trees were destroyed, presumably to make way for development. Will Council be prosecuting this blatant action in the Magistrate's Court or by issuing a fine, in which case, how much will the fine be? Ransce Salan, General Manager Environment and Planning, responded: A total of 15 trees were removed without authorisation. The developer and their representative have both been issued with penalty infringement notices which include a fine of $597 for each party and there is also a requirement for the replacement of 30 indigenous trees on the site. Friends of Nillumbik asked Council: Friends of Nillumbik note that the developer of 170-190 Watery Gully Road is taking his case for small lot development in the Green Wedge to VCAT yet again. At the consultation meeting on this issue at Nillumbik Shire Council the developer's planner, Mr Merrigan, erroneously commented that six of the seven Councillors had spoken in favour of a house on this small lot. This is not true. It was in fact Crs King and Bendtsen only who spoke thus. Our question is: will Council correct this error in its representations to VCAT so that the VCAT member will know the truth of the matter? Ransce Salan, General Manager Environment and Planning, responded: At the hearing Council and VCAT will be dealing with the planning merits of the specific application and Council’s decision made under staff delegation and not statements attributed to Councillors in a Council meeting. Friends of Nillumbik asked Council: If Council has to pay costs for the VCAT five day hearing of the Clarkson affair could you please give an estimate of the total costs of this déjà vu exercise? Cr Helen Coleman, Mayor, responded: Council always wanted to resolve this matter using the Council Code of Conduct process and at a low cost to ratepayers and that is why a Councillor Conduct Panel was chosen. Council also resolved that they would not employ solicitors for the VCAT hearing if Cr Clarkson would not, unfortunately though, Cr Clarkson has employed solicitors which left Council in a difficult position and thereby had to also employ solicitors. Council’s solicitors estimated that the hearing would last approximately two days however during the VCAT directions hearing last week Cr Clarkson’s barrister asked for a five day hearing. Council’s legal representation costs are estimated to be in the region of $10,000 per day. |