By KATH GANNAWAY
A HEALESVILLE businessman who says he is being driven to the wall by Yarra Ranges Council has launched a Facebook fighting-fund against planning decisions he says the council knew could not be enforced.
Garry Christie applied for planning permission to open his Fluid Lounge Bar and Café until 5am but was told he had to pay $38,500 as a parking contribution and provide a courtesy bus.
The parking contribution and courtesy bus were not in the original planning department recommendation, but added as conditions by the previous council as part of the approval in April 2012.
The council rejected his bid for 5am opening and Mr Christie launched an appeal in the Victorian Civil and Adminstrative Tribunal (VCAT).
Yarra Ranges Council has defended its decision saying while all recommendations are based on the planning scheme, councillors have the option of adding conditions in response to community objections.
The issue came to a head for Mr Christie when the matter went to VCAT mediation in April costing him and Yarra Ranges ratepayers thousands of dollars when the council withdrew the parking and bus requirements just minutes into the mediation.
Mr Christie, a former YRC employee, said he informed the council councillors and staff, including the CEO that the conditions would not hold up.
“I tried every means conceivable including supplying council with legal information relating to case law and unbelievably no action was taken to rectify council errors when they were aware these issues would not stand up to scrutiny,” he said.
“The planning department and others had full knowledge of these issues and could have intervened to save council and myself tens of thousands of dollars.”
The matter went back to Yarra Ranges Council on 14 May with advice from the Planning Department confirming that the conditions were not supported by the planning scheme.
“There is high potential that such a condition could be found to be ‘ultra vires’ at a tribunal merits hearing and that costs could be awarded against council for its imposition on the applicant,” the officer’s report stated.
The Mail has seen an email Mr Christie sent to Yarra Ranges CEO Glenn Patterson in March asking him to look into and intervene in “illegal” conditions imposed.
“I fail to understand council’s lack of action to do what is necessary for what is both in council’s best interest, and to right a wrong that is putting my business in jeopardy,” Mr Christie wrote.
Mr Christie said he was dumbfounded that the council let the matter go to the VCAT mediation knowing they were going to withdraw the two most contentious conditions.
Mr Christie labelled the actions as a blatant abuse of power, heavy-handed and a waste of his and ratepayers’ money.
Mr Christie says he has also drawn the council’s attention to other similar businesses in Healesville which have had no requirements made on them to pay thousands of dollars for parking rights, and who, he claims, are in breach of council permits in terms of patron numbers.
Yarra Ranges Council has defended its actions in the matter saying it was part of the democratic process for councillors to add conditions contrary to officers’ views.
Planning, Building and Health director Andrew Paxton said the council often tried to mediate with applicants through consultation meetings, the planning application process and through VCAT.
“These conditions and the planning officer’s recommendations were considered at VCAT,” Mr Paxton said.
“In this instance, council officers were required to seek council’s views on its alternate recommendations regarding parking before further mediation with the applicant could occur.
“Mr Christie was aware and had agreed to this scope of mediation.”
Mr Paxton said the legal costs (tens of thousands of dollars) Mr Christie claims to have incurred did not appear to be typical of legal fees for the type of work involved.
He said council would investigate claims of breaches by other licensed operators with police.
The matter is set to return to VCAT in August where Mr Christie is challenging the council’s most recent decisions on opening times and patron numbers for his bar and cafe.
In the meantime, Mr Christie’s GoGet Funding page has some backers with $1460 raised towards his $18,000 goal. He has pledged to donate every cent raised to charity if he is successful at VCAT.
