20/02/2021
In an order put forward by VCAT on Friday, the Peninsula Aero Club (PAC), otherwise known as the Tyabb Airport was awarded costs in the amount of $31k to be paid by the Mornington Peninsula Shire.
The section of the Act that pertains to damages, suggests that the Tribunal may make an order for the reimbursement of costs where:
“...a party has conducted the proceeding in a way that unnecessarily disadvantaged another party.”
In 2018, the Shire asked PAC to apply to have the Church Hour condition removed from their permit (a historic condition that stated they could not use the airfield during the hours of 9:30-10:30 on a Sunday morning where the Church was in session – the Church has not had these services since 1978 and was sold in 1991). When the Shire responded by attempting to alter their permit and enforce a multitude of new conditions that would have made their business unsustainable, PAC withdrew the application and took the matter to VCAT (VCAT member states, ‘not unsurprisingly’).
In these orders PAC states that it attempted to come to agreement with the Shire before VCAT and in the hopes that they could withdraw proceedings. They claim to have made the request early, outlining the illegality of the Shire’s actions and their intentions to seek costs when these were upheld.
In this instance, Senior Member Jeanette Rickards stated that “the information the Tribunal relied upon in reaching its determination was information that was provided to, and clear to the Council, well prior to the applications by PAC, yet the Council sought to stand in the way of PAC.”
After 3 years, 3 hearings and 4 VCAT orders in favour of PAC, this is the outcome. In comparison to the hundreds of thousands of dollars for both the Airport and the Shire in legal fees and countless other impacts, this sum is small but significant.
While Shire Planning and the previous Council worked aggressively (and unlawfully) with this business, the community is the great loser here. The extensive resources, the time, energy and money, were at the expense of everything else we want for ourselves and each other and contributed to an ongoing sense of us vs. them.
In consideration of recent changes within the leadership of Shire Planning and a new Council, we can only hope that these types of situations will no longer occur. Our community deserves better.
See orders in comments.