A $28 million development project in Mildura, Victoria, has sparked a legal battle and raised questions about the validity of permits. The story unfolds with a twist, leaving us with a burning curiosity.
A Controversial Development?
Mallee Family Care, a family support service provider, finds itself at the center of a planning dispute. The Victorian Civil and Administrative Tribunal (VCAT) is investigating whether the construction of their new headquarters, valued at a whopping $28 million, was carried out without a valid permit.
But here's where it gets controversial: the permit provided by Mildura Rural City Council is under scrutiny. VCAT will decide if the permit had lapsed while contractors were preparing the land, a crucial detail that could change the course of this story.
The Financial Picture
Financial records paint a clear picture. Mallee Family Care purchased the former Hutchinson Motors site in December 2019 for approximately $2.5 million. Since mid-2023, they've invested a significant $22.7 million into the development, and last year, they received a federal government grant of $5.4 million.
Objections and Anomalies
The Mildura Working Man's Club has raised objections, specifically about the traffic and parking conditions attached to the permit. They've pointed out anomalies in the council's documents, questioning the reduction in car parking requested by Mallee Family Care.
And this is the part most people miss: the club also argues that the application for an extension to the original permit was not made within the required six-month timeframe.
A Statement from the Council
Phil Stone, the council's manager of growth and strategy, has provided a statement, saying, "The permit was issued legally, and work commenced lawfully after the permit was granted in November 2021." He added, "We're working diligently with all parties to resolve this issue promptly."
Mallee Family Care's Response
Teresa Jayet, CEO of Mallee Family Care, stated, "Both our organization and the Mildura Rural City Council believe that all construction has been carried out under a valid planning permit."
The Permit's Timeline
Documents reveal the original permit was granted in December 2021, allowing two years to commence work and four years to complete it. However, a confusing condition stated that "use" must start within two years of the permit's issue date.
It's alleged that this condition was not met by November 12, 2023, and the extensions granted in 2023 and 2025 were, therefore, invalid.
In their letters to VCAT, both the council and Mallee Family Care argue that the terms "use" and "development" are synonymous, and thus, the use began simultaneously with the development.
The Evidence
Aerial images submitted to VCAT show the land had been cleared in August 2023, three months before the permit's expiry date.
The Tribunal's Decision
The case is scheduled for a two-day hearing in mid-February, where VCAT will determine the legality of the development and the validity of the permit extensions.
What do you think? Is this a case of bureaucratic oversight, or a deliberate attempt to bypass regulations? Share your thoughts in the comments below!
