We won over Narconon lies

Updated February 16, 2015

1               The decision of the Responsible Authority is affirmed.

2               In permit application YR-2013/142, no permit is granted.

This VCAT decision concludes a campaign that has occupied the community for almost two years and has taken considerable time and resources to facilitate. We thank you all, our community for your ongoing support, and for joining with us to represent our best interests, general amenity and safety. This is not only a win for Warburton, but also a reminder to all communities in the future that their voice is valuable and can be heard.

Thank you once again for your support and we will keep you posted with any further information as it becomes available.

Regards,

Nic on behalf of the TEAM!

WELL DONE!

December 12, 2014 - update

Final day went well and we are all proud of the way the community has played such a significant role in these proceedings. For all of those who were there physically supporting us and those who were there in spirit we THANK YOU!

We were not given any real indication of when we will have a decision but rest assured we will post on Facebook and send an email as soon as we do and provide a link to the online version of the ruling so everyone can read. And of course if you were an official objector to VCAT you will get your own notification either via email (if supplied) or post.

WHAT A WONDERFUL COMMUNITY EFFORT!!!

WE WISH YOU ALL A SAFE, JOYFUL & MERRY CHRISTMAS

November 18 update - decision due Jan/ Feb 2015.

We had our 6 allocated days that finished yesterday. We have done our best to put our objections forward. There has been one more full day set aside to conclude the hearing. The two panel members then will take 6-8 weeks to write their report so we can not expect the report until Jan-Feb.

On Thursday 11th of Dec we have the last day at VCAT (10-4.30) and will hear the wrap up from Narconons QC and also the lawyer for the Shire who will have right of reply.

We will also be setting out what conditions we would like to see attached to the permit if the VCAT members decide the permit will be granted. IT WOULD BE FANTASTIC TO HAVE A LARGE COMMUNITY PRESENCE ON THIS DAY. We will be organising a 21 seater bus again (two if we are enough people) for the day leaving 8am from the Warby Hardware Carpark arriving back sometime around 6.30. PLEASE THIS IS SOOOOOO IMPORTANT. Let me know sooner rather than later if you would like to take up the community bus option.

Thanks

Nic on behalf of the SAYNONARCONONWARBURTON team

July 18 update

At the Practice Day Hearing today the Yarra Ranges Council legal representative, the objectors and the applicant outlined the time they would need to argue their position during a full hearing. 1/2 day for Yarra Ranges Council, 1 1/2 days for 23-25 objectors, 1 day site visit of existing site and proposed site and 2-3 days for the applicant and their 3-4 witnesses.

  • Both Yarra Ranges Council and the Narconon representative agreed the nature and substance of the activity Narconon is engaged in is not disputed - so Narconon will not be amending their application.
  • Narconon will call four witnesses including those to give evidence with regards planning, activities on site and management.
  • The objectors will call one witness - being the local Warburton Police Sergeant. This witness was welcomed by the Narconon representative.
  • All 200+ objectors will not be advised of every step in the process. But our group will be provided 3 hardcopies and a digital copy of any information regarding the case. This will also be made available for the public via Yarra Ranges Council website and at the Yarra Junction Council offices. We will let people know through this page when updates are available.

Big thanks to the team that turned up today. Objectors rest assured there is a good team working towards helping defend this application by Narconon at VCAT.

July 1 update - transcript of the letter received by objectors on/ about July 1, 2014

A Practice Day Hearing has been listed for VCAT at 10am or as soon thereafter as the business permits on Friday 18 July 2014. It will take place at 55 King Street, Melbourne. VCAT will publish a detailed schedule of the hearing of cases scheduled for 18 July 2014 on its internet site www.vcat.vic.gov.au at about 5pm the day before and in the Law List in the Age on the day. As this hearing may be listed to a later time on the day, possibly in the afternoon, you should consult the detailed schedule.

The special purpose(s) of the hearing is or are:

  • To consider the future conduct of the proceeding. This may include a consideration of dates, duration; mediation and/ or venue.

It is important that (objectors) are aware that if you do not appear or are not represented at the hearing the Tribunal may make orders, including final orders, which may affect your interests.

If you wish your interests to be taken into account or wish to make submissions:

  • You may do so in writing by close of business on the Wednesday prior to the date of the hearing; and/or
  • Your should appear at the hearing, (an applicant should normally attend or be represented at the hearing)

END

REFERENCE FORM: PNPE9-From-B - to Join as an objector

June 18 update:

A mighty effort by our team, the community, local businesses and community groups to register their objection to this proposal - all within a two week window. Next step is likely the scheduling of a 'trial hearing' late July where VCAT will estimate the time required to hear all parties. At this stage the likley date for 'THE' hearing is late 2014.

The campaign team will meet again shortly and update this page as we proceed. Stay tuned

Our guidance for objectors leading up to June 18 cut-off as below.

  1. Objecting is free - it costs nothing to register your claim. You don't have to attend VCAT if you don't wish.
  2. You don't have to provide your email address - you can elect to receive hardcopy updates via normal post.
  3. New objectors are allowed - if you didn't object last time - you can object now using the form above.
  4. This is a new process - all previous objections are not carried forward - so your need to write a new statement of claim (use form above) - and object by June 18th, 2014

If you are not sure what to write as your statment of grounds - suggest use 1 or 2 from this list and add another sentence. These are the summary points from the notice to refuse.

  • The proposed use does not achieve an appropriate land use as set out in the Yarra Ranges Planning Scheme.
  • The proposal would result in an unreasonable impact on community safety
  • Green Gables is an inappropriate location for a drug and alcohol rehab centre
  • The proposal will not provide a net community benefit
  • The proposal will result in an unreasonable impact on amenity on the surrounding neighbourhood.

You need to send to 3 parties - VCAT + Yarra Ranges Council + lawyers acting for Narconon

1.

The Principal Registrar
Victorian Civil and Adminstrative Tribunal
55 King Street
Melbourne VIC 3000
or by email okay - complete form, scan and send to vcat-admin-division@justice.vic.gov.au

AND

2.

Attention: Ben Page
Planning Services Department
Yarra Ranges Council
PO Box 105
Lilydale VIC 3140
or by email okay - complete form, scan and send to mail@yarraranges.vic.gov.au

AND

3.

Reto Hofmann
Senior Associate
PO Box 254,
Collins Street West
VIC 8007
or by email okay - complete form, scan and send to rhofmann@moray.com.au

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