VCAT

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VCAT has handed down decisions in recent weeks regarding two major developments in Melbourne's suburbs.

Last week the tribunal ruled on a proposal for Brunswick's 8 Ballarat Street. The Plus Architecture-designed apartment building included 147 apartments and 158 car parking spaces as originally submitted; apartments in the 8 level proposal are split between 50 single bedroom and 97 double bedroom options.

Developer 8 Ballarat Street Pty Ltd challenged Moreland City Council's conditions for the substantial development, one of which would have seen the top two floors sheared off the design.

In light of amended plans amended plans prepared by Plus Architecture, the full 8 level form was given the green light, albeit with reworked setbacks across upper levels. 

Now approved, 8 Ballarat Street joins the hundreds of additionally approved apartments across a gamut of residential projects that have yet to be delivered across Brunswick. VCAT's decision may also influence future intentions for the adjoining 10 Ballarat Street which was offered for sale during 2017.

Across a 4,247 square metre land plot, the site's sale was handled by Colliers and came with indicative design also spanning 8 levels.

<figure><a class="colorbox colorbox-insert-image" href="https://res.cloudinary.com/dz9xllyip/image/fetch/q_auto:good/https://s3-ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public//pictures/article-images/image3ballarat.jpg" rel="gallery-all" title="8 Ballarat Street alongside a conceptual 10 Ballarat Street"><img alt="" class="image-article-full-width-580px" height="205" src="/sites/urban.melbourne/files//styles/article_full_width_580px/public/pictures/article-images/image3ballarat.jpg?itok=ilsbYmh-" title="8 Ballarat Street alongside a conceptual 10 Ballarat Street" width="580"></a>

<figcaption>8 Ballarat Street alongside a conceptual 10 Ballarat Street</figcaption></figure>Meanwhile, VCAT last month also ruled in favour of a major stand-alone Box Hill hotel development.

LongRiver Group can now make good on the prospect of delivering a DoubleTree by Hlton onsite. The Buchan Group's design sees a woven facade over the tower's 25 levels. Expected within the tower are 200 rooms according to Development and Project Manager APP.

VCAT for their part noted that Whitehorse City Council did not object to this proposal on the basis of the appropriateness of the land use, but on grounds relating to the appropriate level of car parking required to service the project.

With conditions ruled upon, the design at 874-878 Whitehorse Road can join LongRiver Group's other Box Hill tower, namely <a href="https://www.urban.com.au/projects/east-central-tower-820-whitehorse-road-box-hill">East Central Tower</a> at 820 Whitehorse Road.

<figure><a class="colorbox colorbox-insert-image" href="https://res.cloudinary.com/dz9xllyip/image/fetch/q_auto:good/https://s3-ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public//pictures/article-images/image4_20.jpg" rel="gallery-all" title="Buchan Group's woven facade across 874-878 Whitehorse Road"><img alt="" class="image-article-full-width-580px" height="290" src="/sites/urban.melbourne/files//styles/article_full_width_580px/public/pictures/article-images/image4_20.jpg?itok=VyzZ_wmV" title="Buchan Group's woven facade across 874-878 Whitehorse Road" width="580"></a>

<figcaption>Buchan Group's woven facade across 874-878 Whitehorse Road</figcaption></figure>
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silvermb

VCAT rules in favour of two major Melbourne developments

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A 17-storey student housing building at 500 Swanston Street is off to VCAT after the applicant, Journal Property Limited, decided to appeal the matter after City of Melbourne council failed to make a decision within the requisite 60 statutory days.

During its meeting on Tuesday night, the City of Melbourne's Future Melbourne (Planning) Committee resolved that it would have issued a permit subject to conditions, had the appeal to VCAT not been made.

These conditions would have included a reduction in height of two levels taking the overall height down to 15-storeys or approximately 51.5m, which according to Council planners would provide a better transition between Upper House to the north (17-storeys), Arrow on Swanston Street to the south (12-storeys) and The Eminence (15-storeys) to the north-east.

<figure><a class="colorbox colorbox-insert-image" href="https://res.cloudinary.com/dz9xllyip/image/fetch/q_auto:good/https://s3-ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/pictures/article-images/swanston_street_elevation.jpg" rel="gallery-all" title="Amended Swanston Street elevation dated March 2018. Image: Metier3 Town Planning documentation"><img alt="" class="image-article-full-width-580px" height="386" src="/sites/urban.melbourne/files/styles/article_full_width_580px/public/pictures/article-images/swanston_street_elevation.jpg?itok=fKJ22BUL" title="Amended Swanston Street elevation dated March 2018. Image: Metier3 Town Planning documentation" width="580"></a>

<figcaption>Amended Swanston Street elevation with reduced height (March 2018). Image: Metier3 Town Planning documentation</figcaption></figure>This would reinforce Upper House's prominence on the corner and ensure that the proposed tower is not as prominent when viewed from Swanston Street, argues Council. Additionally, Council would have required levels 11 and above to be reconfigured to increase the setbacks from the southern boundary reducing their dominance and bulk further.

Increasing the setbacks will also improve internal amenity for student accommodation modules and improve the external amenity impacts by creating a greater separation from surrounding residential properties.

Council's planners provided their appraisal based on plans prepared by Metier3 in November 2017, which were subsequently amended in March 2018 with the following changes:

<ul>
<li>Deletion of levels 15 and 16 to reduce the overall building height by two levels to 15 storeys;</li>
	<li>Increased setback of Building D upper levels (11-14) from the south boundary to provide a 9m setback from the Arrow building, as well as reducing the overhang to allow more natural daylight to lower levels of accommodation;</li>
	<li>Introduction of light wells to Building D upper levels (11-14) to allow for improved natural light and ventilation to hallways on levels 11 to 14;</li>
	<li>The removal of rooms to allow for two additional windows per level to improve natural light and ventilation to hallways in Upper Mezzanine to level 10;</li>
	<li>Deletion of all 13 rooms in the lower mezzanine to remove all rooms with restricted daylight access. Part office and communal areas relocated to this space allowing for the deletion of basement.</li>
	<li>Introduction of four rooms to ground floor. Two twin share rooms added to ground floor made possible as result of the consolidated office space spread across two levels. Rooms were introduced to offset 13 rooms deleted from lower mezzanine below as these four rooms have adequate access to natural daylight;</li>
	<li>Deletion of basement;</li>
	<li>Deletion of east-west facing windows on northern boundary;</li>
	<li>Rationalised internal communal space to levels 10 and 11 to allow for additional rooms;</li>
	<li>Relocation of bike store to ground floor to enable direct access off building entry/street level;</li>
	<li>Overall reduction in number of beds from 710 to 587;</li>
</ul>
The original plans included three building elements providing 710 student accommodation units via a mix of studio, two-bed, three-bed, four-bed and five-bed units.

A food and drink, and two retail tenancies are located at the ground level, while the basement would contain a laundry, workshop, storage for 80 bicycles, and building services.

The lower ground will largely accommodate communal student areas including two landscaped courtyards, lounge, communal and private study areas, kitchen and dining area, entertainment, well-being and gym areas and gaming room.
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Laurence Dragomir

500 Swanston Street off to VCAT - City of Melbourne provides conditional support

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Ballarat estate agency Gull and Company has been reprimanded and penalised $5,000 by the Victorian Civil and Administrative Tribunal (VCAT) for operating without a licence during 2015. 
The company operated without a licence between 27 August and 19 October of that year, during which time it carried out estate agent functions. 
In June and August of 2015, the Business Licencing Authority (BLA) emailed Gull and Company, reminding it to lodge its annual statement and pay the required fee, which the company did not do within the required time. As a result, Gull and Company’s licence was automatically cancelled. 
The company initially claimed that it had not received the second email, and was therefore not given sufficient notice of its annual statement and payment obligations, as required under the Estate Agents Act 1980. 
Prior to the VCAT hearing, Gull and Company arranged for a forensic examination of an old computer server, which showed that the company had received the second email.
As well as the penalty and reprimand, Gull and Company must also: 
<ul>
<li>advise vendors that it acted for while unlicensed that, among other things, it was not a licensed estate agent at the time </li>
<li>establish a system to ensure that it lodges its annual statements and pays the required fees on time. </li>
</ul>
Gull and Company applied to the BLA for a new licence, which was granted on 20 October 2015.  
The $5,000 penalty must be paid into the Victorian Property Fund. 
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Ballarat estate agency cops fine after licensing mixup

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The future existence of Fitzroy’s Spanish Club on Johnston Street has been thrown into jeopardy, after a recent VCAT decision denied a planning permit for the redevelopment of the existing building.
Papers have already been lodged to Supreme Court to appeal VCAT’s decision.
The site’s developer Tim Gurner had agreed to absorb the Club’s substantial debt and transfer ownership of that debt into his company’s name to ensure that the banks could not pursue the Club for costs whilst the redevelopment was ongoing.
Proposed plans by his GURNER firm would have seen the 787 sqm site transformed into a new Spanish bar and restaurant, with clubhouse facilities at ground level and apartments occupying the 5 – 6 levels above.
After successfully mediating with all objectors except for one, the permit was denied on a technicality due to an adjoining property owner’s automotive paint shop, and this landowner’s refusal to negotiate a new location for an exhaust flue on the shared boundary.
The elected president of The Spanish Club, Margarita Ros, explained that unless the decision is overturned the business will have to sell up and close, as without the support of redevelopment its business model cannot remain viable in its current form.
“Tim Gurner had taken on personal liability for the Club’s existing debt and has been paying our interest for over a year to ensure that we could continue trading and operating in the community until the redevelopment had been completed, however now I don’t see how we can repay the debt and continue to function as a community,” Ros said.
“The Club has played a vital role in helping to integrate and promote multiculturalism in Victoria. Over the years, it has also assisted the broader community through fundraisers for various disaster recover appeals. To think that this might be our last year working with the community is too upsetting to contemplate. It’s just devastating.”
The location of the flue fails to meet Environmental Protection Authority guidelines and is also a non-conforming use within the current mixed use zoning, leading the VCAT Member to rule that the flue was in an unacceptable position for the proposed development. 
Commenting on the matter, Tim Gurner said that it was disappointing to see the permit denied on such a small technicality.
“To have a scheme overturned due to a neighbouring land use that is not even allowed in this zone, and from an exhaust flue that is not compliant with EPA guidelines is incredibly disappointing and shortsighted,” he said.
“The Spanish Club has been celebrating the unique culture of Spanish immigrants for the better part of 50 years; it is run by a voluntary committee and all income that is generated is reinvested into the Club.”
Immigrant social clubs all over Australia have been ordered to either adapt or close their doors for good in recent years. The Sydney Spanish Club was forced to shut in 2013, while Melbourne’s Celtic Club has been on the market for many years after failing repeatedly to forge agreements to redevelop the ailing pub.
“We will be challenging the decision at the Supreme Court to attempt to keep the Spanish Club alive and thriving into the future,” Gurner added.
“What doesn’t make sense is that the VCAT Member even stated he was in support of the project in terms of its overall design outcome and height. Why then fail to provide a permit on a technicality, why not instead issue a permit pending the ability to resolve the issue.”
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Spanish Club in jeopardy after VCAT decision

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Public comments and submissions are invited on a proposed new fee structure for the Victorian Civil and Administrative Tribunal (VCAT).
The existing regulations governing fees at VCAT are set to expire on 30 June 2016. The government is taking this opportunity to design a new fee structure that will more accurately reflect the cost of operating VCAT and more fairly distribute the proportion of that cost that is paid for by users.
In accordance with the Victorian Guide to Regulation, the government now seeks the views of the public on the proposed regulations, in the hope that their quality and usefulness can be improved by integrating the information and perspectives of the community.
Submissions
Public comments and submissions are invited on the attached Regulatory Impact Statement (RIS) and proposed regulations. Submissions must be received no later than 5pm on Monday, 2 May 2016. The submissions will be considered before the proposed regulations are made.
All submissions will be treated as public documents, will be provided to the Scrutiny of Acts and Regulations Committee, and are subject to legislation such as the Freedom of Information Act 1982.
For more information, <a href="https://myviews.justice.vic.gov.au/vcat-fees-regulations-2016" target="_blank">click here</a>.
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po-LsXgBTHBmX

Property 101: Submissions open for new VCAT fee structure

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A Melbourne estate agency and its director have been fined a total of $7,000 over the agency’s poor conduct in the sale of a four-unit development in Malvern.
The Victorian Civil and Administrative Tribunal has also ordered, with the consent of the parties, that estate agent, Frank Valentic, 46, of Elwood, have his estate agents licence suspended for six months, starting from 1 April 2016.
Mr Valentic is sole Director and Officer in Effective Control of Advantage Property Consulting Pty Ltd, which provides buyers' advocate services.  
Advantage Property has also been ordered to begin a three-year compliance, education and training program to ensure it complies with the Estate Agents Act 1980 and the Estate Agents (Professional Conduct) Regulations 2008. 
Consumer Affairs Victoria took action against Mr Valentic and Advantage Property following a complaint from a purchaser of one of the units.
Its action alleged that:
<ul>
<li>purchasers were assured that they would have exclusive access to part of a courtyard that was actually common property, despite this needing to be agreed to by the owners corporation after the settlement</li>
<li>Mr Valentic twice entered a tenanted unit without the tenant’s knowledge or consent that the inspections were taking place</li>
<li>Mr Valentic appointed Advantage Property as owners corporation manager even though he had no authority to make that appointment</li>
<li>Advantage Property charged two purchasers a ‘consulting fee’ of $13,750 for services that should have been better described to them</li>
<li>Advantage Property instructed purchasers to backdate legal documents</li>
<li>Advantage Property required purchasers to use a particular solicitor to undertake the conveyancing work.</li>
</ul>
Director of Consumer Affairs Victoria Simon Cohen said this was a good outcome that highlighted that the regulator would pursue unprofessional conduct by estate agents.
“Victorians need to be able to trust that buyers advocates are acting in their best interests and not engaging in conduct that is motivated by self interest,” Mr Cohen said.
“The actions of Mr Valentic were reprehensible and designed to put the purchasers of these properties at a disadvantage, while profiting from his actions.”
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jonathanchancellor-7SQnKwU6yx

VCAT fines Frank Valentic's Advantage Property Consulting

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The director of a former estate agency in Melbourne’s Boronia has been declared ineligible to hold an estate agent’s licence, or be an estate agent’s representative for five years, after he admitted to knowingly authorising and permitting the agency to convert trust money to its own use.
Michael Knight, 49, was found guilty by the Victorian Civil and Administrative Tribunal of breaching the Estate Agents (Professional Conduct) Regulations 2008 on several counts, such as not acting with care and diligence in his role as an estate agent.
His company, Michael Knight Real Estate Pty Ltd, was also found to have violated the Estate Agents Act 1980 by:
depositing trust money directly into the agency’s business account for its own use thrice
causing a deficiency in the trust account by withdrawing trust money prior to property settlement a further three times
not completing a number of monthly trust account reconciliations, or completing them incorrectly
failing to have the agency’s trust account audited for the 2013-2014 financial year.
The tribunal reprimanded Knight and declared him ineligible to hold a real estate agent’s licence, or to be an agent’s representative for five years.
Knight also gave an undertaking to the tribunal that he would never apply for, or seek to hold another estate agent’s licence. He must also inform any estate agent that employs him in future about the ruling against him.
Michael Knight Real Estate Pty Ltd was also reprimanded and declared ineligible to hold a real estate agent’s licence for five years.
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prateek24-ezbwHMbNAk

Victoria court rules against Boronia estate agent 

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Joel Phillip Murray, an estate agent, was reprimanded and had his licence suspended for three months and conditions attached to it, after failing to have his trust accounts audited. 
The Victorian Civil and Administrative Tribunal found that Mr Murray, 41, of Berwick, contravened the Estate Agents Act 1980 and the Estate Agents (Professional Conduct) Regulations 2008.
Mr Murray failed to cause his trust account to be audited within three months of the end of the 2010-2014 financial years, and to lodge copies with the Director of Consumer Affairs Victoria, as required by the Act.
The tribunal found that Mr Murray contravened the Regulations by failing to exercise due skill, care and diligence in performing his functions as an estate agent, and by engaging in unprofessional conduct.
He was reprimanded and had his licence suspended for three months from 20 October 2015 until 19 January 2016.
His licence was also made subject to a condition that, on or before 19 October in each of 2015, 2016 and 2017, Mr Murray must notify the Director in writing whether or not he has complied with his trust account audit and lodging requirements for the previous financial year.
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Strict trust account audit requirements for estate agent Joel Phillip Murray

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Carlton conveyancer Mandeep Johal, 37, has been reprimanded and had conditions placed on his licence, by his and Consumer Affairs Victoria's consent, after the Victorian Civil and Administrative Tribunal found he contravened the Conveyancers Act 2006.
Consumer Affairs Victoria applied for an inquiry into Mr Johal's conduct after receiving numerous complaints when he was trading as MM Conveyancing, Metropolitan Melbourne Conveyancing and Budget Conveyancing.
The tribunal found Mr Johal had contravened the Act and its associated regulations by failing to:
<ul>
<li>disclose a potential or actual conflict of interest relating to his conveyancing services</li>
<li>disclose the costs of conveyancing work to his clients, and including legally required information in his cost disclosures</li>
<li>notify the Business Licensing Authority of information required in his conveyancer's licence application</li>
<li>comply with the rules of conduct a conveyancer must adhere to under the law.</li>
</ul>
As part of the conditions placed on his licence, Mr Johal must:
<ul>
<li>install a voicemail and email notification advising clients that their telephone call or email will be responded to within 48 hours</li>
<li>implement and publish a complaint-handling procedure, have it audited every six months for three years, and provide a copy of the audit report to the Director within five days of receiving it.</li>
</ul>
Mr Johal was also ordered, by consent, to undertake an Advanced Diploma of Conveyancing at the Melbourne Polytechnic within nine months of the date of the tribunal's order, and to notify the Director of Consumer Affairs Victoria after successfully completing it.
Mr Johal was also ordered to pay a penalty of $1000 into the Victorian Property Fund.
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MM Conveyancing told to get some education: VCAT

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Consumer Affairs Victoria has ordered that estate agent Scott Hoare may not hold a licence or act as an agent’s representative until October 2024.
Scott Hoare, 40, of Tanjil South, was previously the sole director of SLGH, which traded as Stockdale &amp; Leggo Trafalgar in regional Victoria.
The trust account deficiency was confirmed in early April 2014, after SLGH's trust account auditor advised Consumer Affairs Victoria of irregularities occurring outside the annual audit period beteween July and September 2013.
The Victorian Civil and Administrative Tribunal (VCAT) found that Scott Hoare fraudulently withdrew $37,490 from the trust account.
He also failed to transfer $5,090 of rent into the account after the group’s internal structures brought the matter to the attention of the authorities.
“Scott was expelled from the Stockdale &amp; Leggo group on 19 March 2014 as soon as these issues became apparent, and it was through our due diligence that the authorities were able to act so quickly,” Stockdale &amp; Leggo <a href="https://www.rebonline.com.au/breaking-news/9349-pressured-real-estate-boss-banned-for-fraud" target="_blank">advised the REB industry website</a>.
According to VCAT, the trust account fraud involved “10 instances of early sales commissions drawn, cash deposits not banked and unconfirmed disbursements” between July 2013 and September 2013, instead for personal purposes including evidence that he had made withdrawals at a casino.
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