Beautiful Melbourne
The NSW Bulldozers


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:

he 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

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:

Leading to an urgent need for:
  1. The S.48 omission to be redressed before the Stage 2 Permit Application is assessed;
  2. The Boroondara Planning Scheme to be brought up to date by the Minister;
  3. 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),
  4. 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.
  5. 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 -------