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.
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.
“Does council know what they’re doing? On face value, it looks like they’re in breach of the Planning Act, because they’ve changed the preamble” Ms Reilly said.
“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.
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.