Jennifer Pittorino
It appears Techno Park residents have been thrown a lifeline by the state government following a minor but significant change to the planning scheme.
In May last year, Hobsons Bay council ordered up to 100 residents living in apartment blocks at Techno Park in Williamstown to immediately vacate their properties or face legal action, because of a zoning issue.
Techno Park, which has been zoned Industrial 1 since 1988, sits opposite a row of fuel storage tanks, situated one kilometre from a former fuel refinery owned by Mobil.
While some residents have already moved out , the planning scheme amendment opens up a path for remaining Techno Park residents to stay in their homes by claiming existing use rights.
Before the change, individuals could claim existing use rights for a property after 15 years of continual use, even if that use was not normally permitted by the zoning.
But, as was the case with Techno Park, those rights were extinguished once council issued a notice demanding the use cease.
The change in the planning scheme means that after 15 years of continuous residential use has passed, a council no longer has the power to extinguish existing use rights.
Residents are now able to claim existing use rights if their property has been used for residential purposes for any 15-year period, including if they have not lived there themselves during the 15 years.
Resident Lara Week said this change means the ball is now firmly in Hobsons Bay council’s court.
“Council is now fully empowered to recognise everyone’s existing use rights and put an end to any eviction,” she said.
“The question now is how easy or how difficult do they intend to make it.”
Internal council documents revealed by the ABC earlier in the month, showed that in 2022, council was aware of long-term residential use at Techno Park.
“Their internal documents say that people have lived here longer than 15 years and are entitled to existing use rights to remain,” she said.
“When council decided to finally enforce the planning scheme in 2023, they could have invited residents to apply for a certificate that recognised our rights. Instead, they deliberately attempted to extinguish our rights and to force a mass eviction.
“Our lawyers have written to the council referring to the change in the planning scheme, requesting confirmation that they will now recognise our existing use rights.”
This development has left residents including Ms Week “hopeful but not relieved”.
“A neighbour of mine the other day said she won’t feel safe until she’s got a piece of paper from the council that says we won’t harass you any longer and your home is secure.”
A Hobsons Bay council spokesperson said, “Council is aware of the changes to the Victorian Planning Provisions regarding existing use rights that were released by the Minister for Planning last week. We will be considering the changes as they relate to the Techno Park site over the coming weeks. Council’s position on the matter remains unchanged at this time.”
