Save Williamstown has prepared a list of the “Current status of applications” from the Developer and whether they are being considered by HBCC (Hobsons Bay Council) or VCAT or Heritage Council including whether any decisions have been made.

Save Williamstown has also prepared an explanation of Council and VCAT processes.  If Council determines a planning application either by issuing a permit or refusing a permit then either the developer or the original objectors or both can seek a review of council’s decision in VCAT - click here to view the explanations in what we hope is layperson’s terms

Just to confuse issues : Most have the application addresses are given as  3-39 Nelson Place even though the actual location may be in Kanowna St or Aitken St or even Cecil St.  The map above will help to show where the lots are.

VCAT decisions to date
- these are final unless taken to the Supreme Court on a matter of law

1. •VCAT Matter P785/2012 re: Demolition of the Former Port Phillip Woollen Mill Buildings Lots 1 to 9 excluding Lot 2  - January 2013 decision on austlii website 
   Conditions appeal to demolish outer walls & replace with 3m wooden fence - ref no P385/2013 - determined by VCAT Member Baird 20th June 2013
   

2. •PPWM Building Walls can be demolished and replaced by acoustic 3m fence
   

3. •Demolition and walls allowed to floor level, and
   

4. •Archaeological Survey condition is the same as in P785/2012 and states
   Before works are carried out that would significantly disturb the man-made or natural surface or subsoil of the land, an archaeological survey and photographic record of significant relics and structures must be prepared by a suitably qualified archaeologist and submitted to the Responsible Authority. The archaeological survey and photographic record must be carried out in accordance with the requirements of Heritage Victoria and Aboriginal Affairs Victoria.
   

5. •VCAT Matter P3193/2012 re: Marketing Suite Lot 13 http://www.austlii.edu.au/au/cases/vic/VCAT/2013/491.html
   Issues raised by residents but not taken into account because council delimited the issues in dispute to two upper floor windows and agreed with the other application matters.  Objectors would have needed to make a separate application to VCAT at a time when Council had not informed us that the matters were to be delimited.  For information a community submission is attached here to demonstrate the important issues the community wanted to be heard and were refused by the member. Britannia Hotel Community Issues.pdf
   

6. •VCAT Major Case Oriental Hotel and two adjacent lots. All approved by VCAT and Council will be required to issue permits in February 2014
   

7. APPROVED BY VCAT 10 DEC 2013 DEMOLITION & CONSTRUCTION OF 2 RETAIL & 134 APARTMENTS, PLUS 17 TOWNHOUSES
   ADDED SPECIAL NOISE CONDITIONS RE NOT INTERFERING WITH EXISTING BAE SYSTEMS & COMMERCIAL BUSINESSES CURRENT COMPLIANCE WITH SEPP-N1
   VCAT REFUSED TO CONSIDER SHIPPING SAFETY UNDER PLANNING SCHEME 52.10
   VCAT REFUSED TO TAKE THE APPLICATION FOR STATE HERITAGE REGISTER OF THE ORIENTAL HOTEL INTO ACCOUNT BUT REFERENCED OUTDATED HBCC HERITAGE OVERLAY c.2010 WITH ERRONEOUS 1871 DATE. DETERMINED DEMOLITION ACCEPTABLE BECAUSE THE DEVELOPER WAS NOT RESPONSIBLE FOR DETERIORATION IN BUILDING.  HOBSONS BAY COUNCIL MUST ISSUE PERMIT WITHIN 3 DAYS OF NEXT ORDINARY COUNCIL MEETING 11TH FEBRUARY.
   ORIENTAL HOTEL WAS NOMINATED BY SW AND SUPPORTED BY HBCC FOR LISTING ON VICTORIAN STATE REGISTER – REVIEW BY EXECUTIVE DIRECTOR OF HV FOUND AGAINST LISTING - 54 COMMUNITY THIRD PARTY SUBMISSIONS WERE RECEIVED AGAINST THE EXECUTIVE DIRECTOR HV RECOMMENDATION. DURING THE PERIOD OF CONSIDERATION BY HERITAGE COUNCIL IF THE BUILDING WERE THREATENED WITH DEMOLITION, HERITAGE VICTORIA COULD ISSUE AN INTERIM PROTECTION ORDER – VALID FOR 4 MONTHS FROM DATE OF ISSUE.
   HEARING HELD 4-5 AUGUST - DECISION HANDED DOWN 31ST AUGUST 2014 NOT TO ENTER THE ORIENTAL INTO THE VICTORIAN HERITAGE REGISTER
   Heritage Council decision Oriental.pdf
   

8. •VCAT Major Case Stage 2
   Stage 2 of the Development - LOTS 10,11,12 on the map above
   - high-rise apartment building and townhouses - 169 dwellings.  Apartment Building 34m high which is higher than the indicative height in the DDO of 25m. 10 Townhouses within the Worksafe Advisory Area. Heritage Nugget Factory proposed to be demolished. 
   

   

   
   

9. •Preliminary hearing held September 2013 to determine if an Aboriginal Cultural Heritage Management Plan is required for the site as it is within 200m of the waterline of 1835 - time of settlement of the colony.  VCAT single member Dep President Dwyer determined that the relevant waterline was as at 2006 when the Aboriginal Heritage Act was promulgated, thus the coast/river front was defined as 1880’s reclaimed land of the shipyards. 
   

10. •Practice Day Hearings September through to December determined that although Mobil had objected on Safety Grounds to the development, their refusal to supply the Worksafe Safety Case meant that they were required to remove Safety from their Statement of Reasons to VCAT.  Other parties Hobsons Bay Council or Save Williamstown were able to obtain Safety experts but chose not to.  Charmian Gaud as a party produced a Safety Expert Ian Thomas who was not allowed to view the Safety Case but his report had to be reviewed by the Developer and experts for the developer had to appear and give professional opinions on safety and emergency management which are now part of the public record.  The net effect was that Safety remained an issue on the table. Worksafe provided a written opinion to the hearing that dwellings should not be constructed within the worksafe advisory area and the site was unsuitable for dwellings where people were not capable of evacuation.
    Full Worksafe submit.pdf
    

11. •4 weeks of VCAT hearings were held in February and adjourned for a further 4 days in May.
    

12. All approved by VCAT 25 July 2014 (see Blackday for the Community)- including 34m meter tower, dwellings in the advisory area contrary to Worksafe Advice, apartment tower to have windows to withstand overpressure of 6kPa despite Worksafe’s opinion that a Buncefield type explosion from the Major Hazard Facility could result in overpressures of 8pKa.   6kPa is windows and glass shaking, 8kPa is buildings falling down and structural damage.  The Nugget Factory demolition was approved.  However a nomination to Heritage Council could result in it being protected if it is approved for the State Heritage Register.  Submissions are being accepted up to 18th November
    see page on Nugget Factory Nomination to VHC
    

13. Hobsons Bay Council will be required to issue permits for Stage 2 but the Nugget Factory can be protected by an Interim Protection Order until VHC has determined its nomination.
    

Hobsons Bay Council Status of Current Permit Applications on FACTSHEET

http://www.hobsonsbay.vic.gov.au/Planning_and_building/Planning_services/Planning_fact_sheets

CURRENT HEARINGS IN VCAT

None