Key Takeaways
- The Victorian Civil and Administrative Tribunal (VCAT) is investigating whether Mallee Family Care’s new $28 million headquarters in Mildura was developed unlawfully.
- The investigation centers around whether the planning permit provided by Mildura Rural City Council had lapsed while contractors were clearing the land.
- Mallee Family Care has spent about $22.7 million on the development since mid-2023 and secured a federal government grant of $5.4 million.
- The Mildura Working Man’s Club has lodged an objection with VCAT about the traffic and car parking conditions attached to the planning permit.
- The case is set down for a two-day hearing in mid-February to determine the validity of the planning permit and the lawfulness of the development.
Introduction to the Investigation
The Victorian Civil and Administrative Tribunal (VCAT) is currently investigating whether the development of Mallee Family Care’s new $28 million headquarters in Mildura has taken place unlawfully. The family support service provider is embroiled in a challenge at VCAT about whether the planning permit provided by Mildura Rural City Council had lapsed while contractors were clearing the land. The investigation centers around the timing of the development and whether the council acted appropriately when it gave Mallee Family Care an extension on its planning permit in 2023.
Background on the Development
Financial documents and annual reports from Mallee Family Care show that the organisation bought the former Hutchinson Motors site in December 2019 for about $2.5 million. Since then, it has spent about $22.7 million on the development since mid-2023 and secured a federal government grant of $5.4 million. The development is intended to bring all of Mallee Family Care’s services under one roof, and a concept design of the building has been released. However, the development has been plagued by controversy, with the Mildura Working Man’s Club lodging an objection with VCAT about the traffic and car parking conditions attached to the planning permit.
The Planning Permit Controversy
The controversy surrounding the planning permit centers around the timing of the development and whether the council acted appropriately when it gave Mallee Family Care an extension on its planning permit in 2023. The original permit was granted in December 2021 and gave Mallee Family Care two years to start works and four years to complete those works. However, another condition stated that use must start within two years of the permit issue date, which has created some confusion. It’s alleged that the use had not started within the two-year window by November 12, 2023, and the extensions given in 2023 and 2025 should not have been granted.
Arguments from the Parties Involved
In letters to VCAT, the council and Mallee Family Care contend that the terms "use" and "development" are relatable, and that the use began at the same time development began. Aerial images show that land had been cleared in August 2023 — three months before the November expiry date. However, the Mildura Working Man’s Club is arguing that Mallee Family Care’s application to seek an extension of time to the original planning permit was not made to the council within six months of the expiry date. The club is also pointing out "anomalies" in the council’s documents supporting Mallee Family Care’s request to reduce car parking.
Response from the Council and Mallee Family Care
Council’s manager of growth and strategy, Phil Stone, said that given the matter was still before VCAT, the council "would prefer not to go into further detail to avoid pre-empting discussions at next week’s hearing". However, he stated that "the permit was issued legally and work started on this project legally after the permit was issued in November 2021". Mallee Family Care CEO, Teresa Jayet, said that "both Mallee Family Care and Mildura Rural City Council consider that all construction on the land has occurred pursuant to a valid planning permit". The Mildura Working Man’s Club has been contacted for comment, but has not yet responded.
Next Steps in the Investigation
The case is set down for a two-day hearing in mid-February to determine the validity of the planning permit and the lawfulness of the development. VCAT will consider when work at the former Hutchinson Motors site began, and whether the council acted appropriately when it gave Mallee Family Care an extension on its planning permit in 2023. The outcome of the hearing will have significant implications for Mallee Family Care and the development of its new headquarters. If the planning permit is found to be invalid, the development may be forced to cease, and Mallee Family Care may be required to redo the planning process. On the other hand, if the planning permit is found to be valid, the development can continue, and Mallee Family Care can proceed with its plans to bring all its services under one roof.
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