Yarra Ranges Council has been taken to court over its Urban Design Framework plan for Monbulk and its decision to close meetings to the public gallery.
On Tuesday 4 July, plaintiff Darren Dickson, who spoke on behalf of residents in the Yarra Ranges, attended a Supreme Court hearing alongside a lawyer representing the council.
Mr Dickson is seeking an injunction to prevent the council implementing its Draft Monbulk Urban Design Framework which sets out principles for the future development of the area.
“So as to open the community engagement process in a meaningful way for an additional 12 months due to drastic changes to the community based on a failure to engage the community as legislated within Part III Local Government Act 2020 and relevant policies,” Mr Dickson’s summons read.
“I’d also like to extend the hand of communication, as we have in the past, to council, if they’d like to work this out,” Mr Dickson told Justice Melinda Richards at the virtual hearing.
“Another reason we’ve been forced to come to court is because council refuse to talk to us.”
In December 2022, councillors voted to exhibit the draft framework until 12 March 2023, two weeks after the original deadline of 26 February 2023.
Mr Dickson said the framework was set to be approved in mid-2023, but this information was removed from the council’s website, with the council naming September as the month it will decide on the plan.
“I came here in good faith with the information that council has provided on their website,” he said.
“It appears it’s only been changed since these filings were brought to the court.”
The council announced it would close its meetings to a public gallery Thursday 20 April, citing an “increasing pattern of verbal abuse, intimidation and anti-social behaviour” at previous meetings as its reasoning.
“We do have interaction to the gallery, but what’s happened since late last year is that we’ve got this body of people that come to our chamber and they’ve really got nothing more on their mind but to disrupt proceedings, and that’s what they’re doing,” Yarra Ranges Council Mayor, Cr Jim Child told the Star Mail at the time.
The council also addressed what it called “incorrect information” circulating in the Dandenongs and surrounds in early-2023 around the concept of a 20-minute neighbourhood, and technologies used by councils.
“The concept behind 20 minute neighbourhoods is simple – communities are designed to make sure everything you need day-to-day is close to home and a walkable distance away,” the council wrote on its website.
“The intent is for people to be able to move about easily and freely without being burdened by excessive travel or costly transport options. It improves movement and access, rather than preventing it.
“Previously, towns have been designed over time to be very car-focused and forgot about people, which often resulted in sprawling urban areas that started taking over valuable agricultural and natural landscape spaces and left vulnerable community members isolated.”
Yarra Ranges Council spokeswoman Tracey Varley said the council did not move the deadline for the Monbulk Urban Design Framework decision from mid-year to September due to legal action being pursued against the body.
“Development of the Monbulk Urban Design Framework is an iterative process that requires briefing of councillors and discussion of the findings prior to Council being able to consider a proposed final version of the UDF,” Ms Varley said.
“Information on the website originally indicated an approximate timing of when the work might come to Council. It didn’t specify a date, to allow flexibility for due consideration of the findings.
“Due to the volume and complexity of submissions and strong community participation, the analysis phase of submissions has taken longer than anticipated. Information on our website has been updated accordingly.”
Ms Varley also said the council did not reopen meetings to the public due to legal action being taken.
“The decision to close the public gallery relating to health and safety concerns was only temporary and we commenced planning for its reopening shortly after closing,” she said.
The gallery is set to reopen to the public from Tuesday 11 July.
Mr Dickson will appear in court on Thursday 3 August and potentially Friday 4 August for trial.
Mr Dickson declined to comment to the Star Mail before trial.
