One of the biggest developers in Hobsons Bay has welcomed legislative changes that could make the council and residents pay fees of several thousand dollars a day if they lose an appeal in the state’s planning tribunal.
Evolve Development says it has racked up more than $165,000 in fees for successful appeals to the Victorian Civil and Administrative Tribunal (VCAT) relating to a single Williamstown development site.
Hobsons Bay council last week expressed concerns about the new VCAT Amendment Act (2014), under which the tribunal can order one party to pay the fees of another, including application and hearing fees. This is separate to the tribunal’s power to award costs, which is rarely used.
Evolve’s Port Phillip Woollen Mill development in Williamstown is on the major cases list that involves substantial hearing fees.
Evolve managing director Ashley Williams said it appeared the council was concerned it would be exposed to costs.
“We have been paying hearing fees of $3306.30 per day plus individual listing fees for each case,” he said.
“We have experienced this on many occasions at VCAT and in all circumstances have been issued a permit.
“The hearing fees are quite small in comparison with the legal and consulting costs.
“My view is that the very aggressive tactics used by objectors and groups such as Save Williamstown are an abuse of process, and in these circumstances the awarding of costs against an objector may be appropriate.”
Save Williamstown spokeswoman Suzanne Orange said VCAT’s charter stated its “purpose is to provide Victorians with a low-cost, accessible, efficient and independent tribunal”.
“Should losing parties find themselves in the position where they may need to pay costs it would become a court for the rich and not for all Victorians,” she said.
“Remember, too, that VCAT deals with a huge range of disputes and issues including planning and environment, mental health, health privacy and the disability act, equal opportunity, residential tenancies, civil disputes, TAC, FOI and many other claims.
“The community, disabled, poor, harassed, victims of discrimination and the needy would be prevented from seeking justice and redress by the threat of costs.”
Hobsons Bay mayor Sandra Wilson said: “The council would be concerned about any change that could result in an outcome that’s inconsistent with the objective of VCAT to provide low-cost, efficient and fair access to justice.”
