Ms Catherine Balagtas (email and )

Planning and Development Department

City of Yarra

Dear Catherine

Planning Application PLN17/0269 Objection

I am a resident in theRoiApartments, 4 Bik Lane, Fitzroy North and wish to object to Planning Application PLN17/0269 for an industrial spray painting facility on the TransDev Bus Depot site in Scotchmer Street Fitzroy North.I was not aware of the proposed planning application in time to lodge an objection, and request that the objection period be extended for the following reasons.

  • The notice of the application provided by Council was insufficient.
  • The use is listed in Clause 52.10 of the Victoria Planning Provisions under the Planning and Environment Act (1987), and therefore may cause offence or unacceptable risk to the neighbourhood. Insufficient evidence has been provided confirming that the application will not have an unreasonable and material impact on the health and safety of surrounding land owners and occupiers.
  • The proposed industrial spray painting facility is incompatible in a residential and mixed use area.
  • The threshold distance referred to in the table to this clause is theminimumdistance from any part of the land of the proposed use to land in a residential zone -it is not a maximum distance and it does not suggest amenity impacts will be contained within this distance.
  • Theresponsible authoritymustgive notice of an applicationto the ownersand occupiers of lots affected by the application unless the responsible authority is satisfied that the granting of the permit would not cause material detriment to any person.

In deciding not to give notice of this application to residents of theRoi apartment building at 4 Bik Lane Fitzroy North, can the Council inform me on what basis it is satisfiedthe granting of the permit would not cause material detriment to any resident?

I understand that public notices were not erected on the Transdevsite, and that letters were only sent to surrounding houses within 100metres of the site. Given the Council believes there may be potential detriment to dwellings within 100m, and to my knowledge does not have sufficient information available to confirm that there are no potential health and safety risks to others outside this distance, can the Council explain why public notices were not erected on site.

Upon receipt of this letter I request that the Council undertake a new notice period giving notice of the application to all residents who may be adversely affected if this application is approved. I suggest all lots within at least 250metres of the site as well as within typical northerly or south westerly wind corridors are included.This would give residents a right of objection to the proposal.

Yours sincerely