A 1400-apartment multi-tower plan for the Kinnears ropeworks site at Footscray is headed for court.
R & F Estate launched legal action against Maribyrnong council with the Victorian Civil and Administrative Tribunal last month after the council failed to approve the company’s development proposal for the 3.3-hectare Ballarat Road site, one of Melbourne’s largest apartment developments.
The council is arguing it cannot decide on the plan to build eight apartment towers, ranging from five to 18 storeys, as the developer did not supply all required documentation.
The applicant submitted its plans to council on August 27. They were then referred on to Heritage Victoria [HV] on September 23.
The council’s case hinges on the developer’s failure to provide a conservation management plan endorsed by HV’s executive director at the time it submitted its development plan for 1450 new dwellings, retail, a supermarket, offices and community services.
The Kinnears site was rezoned in 2011, and in 2012 a special planning overlay was created to pave the way for the project. R & F Estate conceded that, at this stage, there was no HV-endorsed conservation management plan as required by the overlay.
On December 24 VCAT rejected Maribyrnong council’s attempt to call off a scheduled hearing on April 26 that will decide whether the project can proceed.
VCAT deputy president Helen Gibson ruled that, given the HV endorsement was likely in coming weeks, it was “in the interests of justice” that the VCAT hearing go ahead.
“It is a technicality that is likely to be remedied before a final decision and does not inhibit the council’s substantive assessment of the development plan.”
Ms Gibson noted a “commercial imperative” to have the plan approved by July 18, or the $60million contract of sale for the land may be terminated.
“The critical issue is whether it is in the interests of justice to disregard a failure to comply,” she said.
“In the present case, I consider it is in the interests of justice.”
