On 8 April 2010 the Trust lodged at VCAT an application for review of the Minister’s Notice of Decision. On 30 April solicitors for the Halim Group lodged a ‘strike-out’ application with VCAT to have the National Trust appeal struck-out on the basis that Heritage Victoria has issued a permit and no heritage planning permit is required. The VCAT directions hearing, held on 21 May, has subsequently made a determination the there is no jurisdiction at VCAT to hear a merits appeal on heritage overlay grounds and that the Trust can only appeal the merits of the proposed ‘recreation stick’ that will protrude out over the Windsor Place laneway to the rear.

VCAT’s decision is at odds with the Minister’s own statement on the matter, that if a party is unhappy about the decision then they should appeal it. To be fair to the Minister, it is also the understanding of his department, (Department of Planning and Community Development) that an appeal can be lodged at VCAT on heritage planning grounds. That opinion is not shared by VCAT.

The Trust has a window of opportunity to appeal that ‘strike-out’ at the Supreme Court, to get over this latest hurdle and get back to challenging the merits of the proposal at VCAT. We need your help! This is a critical issue. We need to appeal the ‘strike-out’ at the Supreme Court in order to overturn the VCAT directions decision, otherwise there will be no public hearing on the impact of the tower on the broader Bourke Hill and parliamentary precincts. Nobody else is pursuing this matter and therefore the Trust needs your help.

The City of Melbourne has promised to review its heritage controls for the first time in 30 years. We also need to make sure that happens. The parliamentary precinct needs proper height controls….these heritage planning matters are an increasing part of the Trust’s professional work for all heritage advocacy matters in the CBD we need your help. Please donate online