1

The hearing is adjourned to allow the notification of surrounding properties that were originally notified of the permit application of the request to amend the plans in the permit application, in accordance with the requirements of the Tribunal's Practice Note No 1 General Procedures.

2

The surrounding properties to be notified are all of the properties in Caines Crescent, the 4 properties either side of the review site in Malvern Road, and the properties opposite both the review site and the four properties on either side of it (as indicated on the map provided at the hearing), excluding the properties of the objectors to the permit application that have already been notified of the amended plans.

3

The Applicant for Review/Permit Applicant is to serve copies of the expert witness reports to any new parties to this proceeding (as a result of the notification in Directions 1 and 2) on Tuesday 18 January 2005.

4

Any Respondents or the Council wishing to call expert witnesses must serve copies of the expert witness reports in accordance with the Practice Note VCAT 2 - Expert Evidence.

5

The hearing of this matter will commence on Thursday 24 February 2005 at 10am for a period of 2 days (24-25 February 2005).

1

This is an Application for review of the failure of the Stonnington City Council ('the Council') to grant a permit within the prescribed time. The Council has advised that it subsequently determined to refuse the permit application.

2

Mr Bowden, on behalf of the Council, sought an adjournment as it had come to the attention of the Council that the Tribunal's Practice Note No 1 General Procedures had not been complied with, as the request to amend the plans in the permit application had not been served on the persons originally notified of the permit application.

3

Ms Anderson agreed that this was correct and agreed to an adjournment to allow this procedure to be complied with. She sought directions as to which properties should be notified given the large extent of notification undertaken by the Council as part of the processing of the planning application.

4

We ordered that all of the properties in Caines Crescent, four properties either side of the review site in Malvern Road and the properties immediate opposite both the review site and the four properties on either side be notified. These properties were identified on a map and a copy of this was provided to each of the parties present at the hearing.

5

In the event that there are additional parties to this proceeding, following the completion of the notification, we ordered that the Applicant for Review/Permit Applicant serve a copy of the expert witness reports on the additional parties on Tuesday 18 January 2005.

6

The reports of any expert witnesses to be called by either the Council or the Respondent Objectors must be served in accordance with the Practice Note VCAT 2 (available on the VCAT website).

7

Accordingly, the Tribunal granted the adjournment of the hearing. The parties are advised that the matter is now set down to be heard for 2 days on Thursday 24 February and Friday 25 February 2005.