Supreme Court Rules Minister’s ‘Call In’ for 1-7 Waterfront Place is Lawful

On Monday 22 October 2018, the Supreme Court ruled that the Minister for Planning’s ‘call in’ for 1-7 Waterfront Place is lawful. The developer had objected stating that the Minister’s call in was not given in time before the VCAT hearing set down for 30 July 2018. The Supreme Court’s ruling means that the Minister’s request stands. The decision can be appealed.

The Minister’s letter states that the reason for calling in is that the application raises “…a major issue of policy, and determination of the proceeding may have a substantial effect on the achievement or development of planning objectives”. The ‘calling in’ by the Minister was supported by the Victorian Ports Corporation Melbourne (VPCM), the City of Port Phillip, the TT-Line, the tourism industry, the BCNA and The Hon. Martin Foley, MP.

If the decision is not appealed, the Minister will establish an Advisory Committee to provide advice on use of the site.

The BCNA believes that the site should be considered by the VPCM to improve the functioning of the area. Port operations would be better protected if there was no residential development at 1-7 Waterfront Place. There is an Environmental Significance Overlay (ESO 4) over the land near Station Pier (1-7 Waterfront Place, 101 Beach Street and 103 Beach Street). The overlay, which is part of the Port Phillip Planning Scheme, manages potential conflicts between land in the port environs and the adjoining Port of Melbourne.