Developer seeking reduced fees rejected
Developers of a residential subdivision in Drouin have applied to have their charges reduced in relation to the Public Open Space Contribution (POSC) and the Developer Contributions Plan Levy (DCP), which was unanimously rejected by Baw Baw Shire Councillors.
Developers of a residential subdivision in Drouin have applied to have their charges reduced in relation to the Public Open Space Contribution (POSC) and the Developer Contributions Plan Levy (DCP), which was unanimously rejected by Baw Baw Shire Councillors.
Developers of 10 Hogan Crt, Drouin argued the initial permit for the land was issued in 2010, well after the date POSCs were enacted through the Subdivisions Act 1988.
They stated council must have been satisfied in 2010 and community needs for open space in the area had already been met through existing infrastructure. As a result, they requested to be charged only the increase in value from the time the parent title was registered to now, rather than the entire value of the property.
The developers also requested a reduced DCP levy on the basis it was not previously charged on the parent lot.
Cr Jess Hamilton said it was pretty simple and everyone in the shire must be treated equally.
"It doesn't matter who you are. If you buy and acquire land to build, the rules are clear, you contribute to the public open space and you pay your share into the Developer Contribution Fund.
"This will help deliver essential infrastructure for our growing community," she said.
Cr Danny Goss said the developer stated the POSC had been paid when the original permits were granted.
"There's one problem - they didn't provide any evidence - just said it's been paid and take my word for it. I don't think council's really taking someone's word for it."
"I'd say, show us the evidence."
The developers received a permit in 2020 via VCAT to subdivide the 3130 m2 block into nine lots, at an average size of 303m2.
The original application was rejected by council in 2019 on the grounds it failed to meet planning standards around urban design, subdivision design and neighbourhood character.
It attracted 13 objections with concerns around high density, privacy, shade, amenity, traffic, parking, safety, devaluation of other properties, landscaping, drainage and waste collection.
Developers have been paying a DCP in Baw Baw since 2007 to contribute to the infrastructure required for developments, such as roundabouts, drainage and parks.
"Once again the developer here is relying on some old evidence to say it's been paid," Cr Goss said.
"There's no evidence here and there's no discretion from council to waive it in any case."
