By Laura Wakely
BRIMBANK City Council is defending a decision to allow additions to a controversial multi-storey development in Sunshine despite claims the move contravenes planning laws.
The $175 million Metrowest development will see three towers up to nine storeys high, allowing for offices, retail and residential use, built on Harvester Rd.
The project has been met with strong opposition since it was put to council in 2005, with more than 130 objections lodged to council.
At a recent planning meeting, Administrators allowed a one year extension to the permit, so that works must begin before 27 April 2013.
The council also approved the addition of 35 apartments and the removal of a podium linking two of the towers, which was to have contained a communal lounge and café.
Chair of Brimbank Administrators Peter Lewinsky said the issue had been inherited from the previous councillors and said Administrators had thought “long and hard” about the outcome.
“It was a difficult decision because this is a large development compared to what we already have in Sunshine; however it is consistent with planning for town activity centres and with good design will provide much needed housing variety in the area,” Mr Lewinsky said.
But Sunshine Residents and Ratepayers Association (SunRRA) president Darlene Reilly said the group would be seeking legal advice on whether the Planning Act had been breached in allowing changes to be made to the permit.
“It just goes to show, does council know what they’re doing?” Ms Reilly said.
“On face value, it looks like they’re in breach of the Planning Act, because they’ve changed the preamble.
“In the original plans there’s the third-level podium. In the changes they’ve deleted it.”
SunRRA members are also angry the council has not increased the developer contribution of $950,000 to support more roads, parks and services for the residents that will occupy the 35 extra apartments.
“There’s a real concern about packing this many people into these small apartments in a high traffic area with no additional infrastructure,” Ms Reilly said.
“No playground equipment, it’s surrounded by busy roads, the park across the road is not a park, it is a rose garden. Where do you walk your dog? Where do you take your children to play?”
But Mr Lewinsky claimed the council would be “abandoning our responsibility to work with the developer” by referring the case to VCAT.
He said council is also attempting to have the nearby former Sunvale Primary School site converted into open space.