1-7 Waterfront Place Owner Withdraws from Public Hearing

This item has been prepared from notes taken by Jill Maddox, BCNA member, who was at the Hearing.  Many thanks to Jill for making them available to us.

The owner of 1-7 Waterfront Place has withdrawn from the Planning Minister’s Panel Hearing. The surprising action occurred on Tuesday 26 November after one day of legal debate. This means that the City of Port Phillip’s rejection of the permit planning application stands.

What the next step for the owner will be is not known at this stage.

On 26 November, Mr Adrian Finanzio SC, the barrister for the owner, spent a couple of hours trying to get the Victorian Ports Corporation to provide more documents than they had done, and tried to get an adjournment until the middle of next year.

Barrister Mr Christopher Townshend QC, representing the Victorian Ports Corporation, said that the most fundamental issue was whether the permit could be granted under ESO4 (Environmental Significance Overlay). ESO 4 is designed to ensure that any use and intensity of development in the overlay area does not constrain the ongoing operation and development of the commercial port.  The overlay switches on a requirement if seeking accommodation on the site - 24 hours, seven days a week operation of the port. " He said that his client is required to grow the port which is vital infrastructure.  Mr Townshend's description regarding the permit application was "you want to build a block of flats in an ESO4 overlay … without an appropriate design for the location". He continued: "I've counted 150 habitable rooms exposed to the port", adding that it was "a really dumb design".

The panel felt that they could proceed to assess the planning application on its merits anyway.

When it became clear there was to be no adjournment, Mr Finanzio said he needed to seek instructions from his overseas client overnight.

When the proceedings resumed the next day, Mr Finanzio surprised everyone by announcing that his client was withdrawing from the hearing.

BCNA and other community representatives attended the hearing.