20080225BeautifullMelbournevNSWbulldozers

Beautiful Melbourne
v.
The NSW Bulldozers

(Again...)

Objection to Walker Corporation Stage 2 Planning Permit Application: Kew Cottages Nov-2007

A Supplementary Submission by:
Kew Cottages Coalition
25-Feb 2008

A. Preamble.

Following serious revelations regarding the:

Culture of political donations in the NSW Planning and Development Industry;

Release of the First Interim Report of the Victorian Parliamentary Inquiry into Public Land Development, and;

Recent surprising and disturbing changes by the Minister to the Kew Cottages Walker Corporation Development Plan, including what appears to be a secret plan to fast track the demolition of a State Registered Heritage Building - the Kew Cottages Womens Hospital.

The Minister for Planning, as the Responsible Planning Authority is respectfully requested to urgently investigate the following three matters .

B. Matters to be Investigated.

[Re: Objection to Proposed Stage 2 Demolition of Victorian Heritage Registered, and National Trust listed Kew Cottages Womens Hospital (B5)]

1. The Matter of the Minister Moving the Goal Posts
Pursuant to your 6-February 2008 changes to the Walker Development Plan

The urgent need for the Developer to now adequately and comprehensively address the fact that you have ' moved the goal posts' by now locating a State Listed Heritage Building - the Cottages Womens Hospital (B5) - in the new Stage 2 area (ie: the new area as it is re-defined in your 6-Feb Addendum ); and similarly

2. The Requirement for a Further Heritage Demolition Permit.
Pursuant to Clause B15.3 (d) The State's KRS Development Agreement with Walker Corporation (Oct-06)

The need for the Minister to direct Heritage Victoria to now ascertain whether "the Developer is required to obtain a further Demolition Permit in consequence of changes to the Development Plan to which the initial Demolition Permit related"; and whether

"that further Demolition permit requires one or more additional buildings to be retained in addition to the Heritage Buildings"; (see copy B.15.3 attached )

3. The Urgent Requirement for an Overdue Amendment to the Boroondara Planning Scheme.
Pursuant to S.48 of the Heritage Act 1995 which states in part

48. Amendment of planning schemes

(1) The Minister administering the Planning and Environment Act 1997 must prepare and approve an amendment to any planning scheme applying to a place which is included in the Heritage register.

(2) An amendment under sub-section (1) must be prepared -

(a) as soon as practicable after notice is given under this Act of the inclusion of that place in Heritage Register;...

The persistent failure, since November 2004, of both the former Ministers for Planning, and yourself, to prepare and approve an S.48 amendment to the Boroondara Planning Scheme that properly identified the inclusion of the Kew Cottages Womens Hospital (B5) plus five other buildings and all of the surrounding grounds in the Heritage register.

As a consequence the current Stage 2 Permit Application by Walker Corporation:

simply ignores the Womens Hospital building,
makes no mention of the fact that the Womens Hospital is now within the new Stage 2 area proposed for demolition and subdivision;
makes no mention of the fact that the Womens Hospital is both Heritage listed and on the National Trust Register;
makes no mention of the fact that the Demolition Permit for the building now held by Walkers is now out of date and contractually subject to review by Heritage Victoria;
makes no mention of the fact that the C65 Planning Scheme Amendment changes to the Development Plan made by the Minister in March 2006 led to the recognition of the need for "one or more additional (Heritage) Buildings to be retained", and for the inclusion of Clause B.15.3(d) in the States KRS Development Agreement with Walker Corporation.

Leading to an urgent need for:

The S.48 omission to be redressed before the Stage 2 Permit Application is assessed;
The Boroondara Planning Scheme to be brought up to date by the Minister;
The Developer to be encouraged by the Minister to properly address the issue of the future of the Heritage listed Womens Hospital (B5) in their permit application (rather than to simply turn a blind eye to the building, as the State currently appears to be doing),
All parties to help ensure the outdated (2005) Heritage Victoria DHS Demolition Permit for the 1899 Kew Cottages Womens Hospital (B5) is properly reviewed in a fair, open, and transparent manner.
Proper consideration is given to a further Demolition Permit that requires one or more additional buildings to be retained (see above.)

------- Kew Cottages Coalition 25-Feb 2008 -------