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[Daisy55]

Victoria. After VCAT issued the multi-use highrise Planning Permit in 2008, the developer gave a different set of drawings to Council for stamping before lodgement for subdivision at Land Victoria. (Isn’t this criminal?)

The substituted plans omitted the word ‘Resident’ from an onsite Goods Lift in a multi-use development. Further subdivision and related contracts then took place so that residents had no way to use the lift.

Council was made aware of the problem 3 years ago and have done nothing to rectify the lodged (and unapproved) strata drawings. The owners corporation are now working with Council to find a way for residents to use this onsite loading zone, as such use was a Condition of the only valid Planning Permit.

These OC negotiations with council are kept secret from owners. Who is responsible if new access plans are approved for implentation without the correct Ministerial plans being in place?

Note: The OC itself is unconstitutional as it represents both the residential tower and the shopping mall in the same building. They have been representing the mall, and not residents, in deciding who is to use the Goods Lift in the onsite loading dock.

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[Jimmy-T]

This post is related to this one on a different issue in the same block.  Go there for the response to both posts.

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[Daisy55]

<p style=”text-align: right;”>Thanks for linking my 2 enquiries. I can see there is only one reason VCAT could be useful.</p>
<p style=”text-align: right;”>However, the second question leads to the matter of responsibility of Council in A) enforcement of its planning permit and B) correcting any plans of subdivision when they make an error in signing plans altered and substituted by developer prior to subdivision.</p>
<p style=”text-align: right;”>If a developer switches drawings at council, that causes a loss of facility’s to owners, a fraud, and if so is VCAT OC the right place to hear it? Or is it a Supreme Court matter? Is it up to council to undo the wrongly lodged plans? And what do lot owners do if council fail s to amend the faulty plans?</p>

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