CRANBOURNE STAR NEWS
Home » Court rules in favour of council

Court rules in favour of council

By Sarah Schwager
THE Supreme Court has ruled in favour of the City of Casey after an ongoing battle with two Cranbourne East housing estates.
The court last Thursday awarded costs to the council in its appeals against two Victorian Civil and Administrative Tribunal (VCAT) decisions relating to developer contributions at the Hunt Club and Brindalee estates.
The scuffle came about over the construction of a road, Linsell Boulevard, and a shortfall in developer contributions that were set up more than 10 years ago when the estates were first being built.
City of Casey planning and development services director Peter Fitchett said the funds coming in for those estates fell below what was needed to complete all the infrastructure.
“It was seriously under-funded, one of our very early developer contribution schemes,” Mr Fitchett said.
He said Hunt Club Estate developer Dennis Family Corporation had wanted the council to cover funds for the road infrastructure through the developer contribution.
“If we had done that it would have left the cupboard bare for other infrastructure improvements at the estate,” Mr Fitchett said.
“We said no, if they want the road done now they must apply additional funds.
“What we don’t want to do is completely deplete the developer contribution funds so there is no more for other infrastructure.”
Casey chief executive Mike Tyler said the decisions reaffirmed that developers of urban growth areas must accept responsibility for funding the infrastructure needed to service these areas.
“The City of Casey is always prepared to negotiate with housing developers within the planning and legislative framework to secure beneficial outcomes for the community,” Mr Tyler said.
“However, it’s unfortunate that in these two instances both developers chose not to secure a negotiated outcome, preferring to pursue the matters via the judicial system.”
Mr Tyler said the council looked forward to reaching agreement in the near future with both developers, including on the much-anticipated western extension of Linsell Boulevard to Narre Warren-Cranbourne Road and the associated intersection works.
Mr Fitchett said the developer contribution scheme was now being amended to stop the situation happening again.
He said previously the scheme had been indexed on the consumer price index (CPI), but development costs had since outstripped CPI, and land costs had increased over time, as had the costs of infrastructure going onto that land.
The Dennis Family Corporation was unable to respond in time before the News went to print.

Digital Editions


More News

  • One win in whistling wind

    One win in whistling wind

    Purchase this photo from Pic Store: 519208 CRANBOURNE BOWLS Saturday Pennant players returned to a tough day for bowls after the Christmas break; especially if bowlers play with small lightweight…

  • The Big Sky shows no limit

    The Big Sky shows no limit

    An unconventional build up has added further lustre to the dominant debut win of The Big Sky after the two-year-old son of Bivouac made a stunning first-up impression at Flemington…

  • Local Narre Warren dances sets eyes on US stage

    Local Narre Warren dances sets eyes on US stage

    In just five years, local creative Lisa Antoinette Herbert has built a social media following of thousands, travelled solo to America at 22, appeared in Paramount Pictures’ Better Man, and…

  • OPINION: Why a Royal Commission on antisemitism risks deepening division, not ending it

    OPINION: Why a Royal Commission on antisemitism risks deepening division, not ending it

    Australia has announced a Royal Commission on Antisemitism and Social Cohesion following the Bondi terrorist attack. The intent is clear. Antisemitism is real. The grief is real. Jewish Australians deserve…

  • Prestigious Victorian sports award nominations now open

    Prestigious Victorian sports award nominations now open

    Nominations for the Victorian Sport Awards are now open for all members of the public, acknowledging the full spectrum of Victorian sport and active recreation during the 2025 calendar year.…

  • $4 million Doveton Pool redevelopment underway

    $4 million Doveton Pool redevelopment underway

    The $4 million redevelopment at Doveton Pool began on Tuesday 13 January, with the next phase of construction endeavouring to deliver modern and accessible facilities. The special ceremony was joined…

  • New $12.7M catholic school in Clyde to open in 2027

    New $12.7M catholic school in Clyde to open in 2027

    Construction on a new $12.7 million Catholic Primary School in Clyde, is set to begin and is planning to open in 2027. The first sod at the new site of…

  • Zauner to join Panther legends with 400 games on the board

    Zauner to join Panther legends with 400 games on the board

    Purchase this photo from Pic Store: 452740 Milestone mania is sweeping across Devon Meadows Cricket Club this week with the Panthers celebrating some significant achievements to kick off the new…

  • CCCA select Country Week class

    CCCA select Country Week class

    Purchase this photo from Pic Store: 457678 The Casey Cardinia Cricket Association (CCCA) has selected a strong squad of 16 players to represent the league at the 2026 Melbourne Country…

  • Nossal students experience Big Build project

    Nossal students experience Big Build project

    From the classroom to the construction site next door, two Nossal High School students Krish Dittakavi and Lilly Nguyen made the trip next door to see the Clyde Road Upgrade…