On Thursday last week the Minister for Planning in the Victorian state Government granted interim heritage protect for 3 and 5 Tiuna Grove as requested by the City of Port Phillip Council on the 20th June. This interim protection lasts until 30 June 2020 and gives the Council time to put in place permanent heritage controls. Consequently, the applicant, Elwood Tiuna Developments, formally requested an adjournment of the VCAT hearing which had been scheduled for this week so that the necessary preparations can be made. This was granted. A practice day hearing will be held tomorrow, 12th July, to establish timetables and deal with administrative matters before the final hearing which will likely be in December.
As part of the conditions for the interim protection, there are certain procedural steps that council must take before 15th of August. Council have informed us that these steps are well under way.
This is a very significant and pleasing result. But it must be noted that it does not necessarily protect these properties. The applicant may still be granted a demolition permit. The significant difference is now there is a requirement for a permit to demolish, and council are unlikely to grant it with a heritage overlay in place. So, if the applicant decides to pursue this development (or any variant that requires the demolition of 3 and 5 Tiuna Grove) the decision whether to grant the permit to demolish would most likely be made by VCAT. Our goal of protecting these properties until the issue can be adjudicated by that tribunal seems to have been achieved.
The wonderful community support that this petition has received has been instrumental in achieving this result. It helped us to secure the support of council, raised the profile of the issue in the media and helped cut a path to pivotal people, so that the strong arguments of those that have been working tirelessly behind the scenes, could be heard. But this battle is a long way from over. Indeed, the most important part is yet to come. So please continue to share this petition with your friends, neighbours and colleagues so all the friends of Elwood in the greater City of Port Phillip, the wider Victorian community and beyond, have the opportunity to have their say.
We do not have the financial resources of the applicant to match the big international legal firm, nor the legion of purchased expert testimony. We have a community.
For those of you living in the City of Port Phillip, council is reviewing its Local Heritage Policy. If you wish to be involved follow the link: