Plan Moves in the Right Direction
Total Page：16
File Type：pdf, Size：1020Kb
MAY 2013 ISSUE 86 PRICELESS WWW.DOCKLANDSNEWS.COM.AU : Docklands_News Meet Parker the postie. North Wharf inspires art. Page 11 Page 7 Places Victoria back on track. Serviced apartment operators Page 4 continue to fi ght. Page 2 Plan moves in the right direction Docklands will receive a $36 million investment into transport infrastructure, according to a plan released by Places Victoria and City of Melbourne last month. Access Docklands outlines a range of Lord Mayor Robert Doyle said Access transport initiatives including the $20 Docklands was an important blueprint, million extension of the Collins St tramline, which integrated with the City of currently under construction in Victoria Melbourne’s transport strategy. Harbour. Release of the Access Docklands report According to the plan, $150,000 has been followed an 18-month consultation with committed to increasing traffi c capacity on Docklands businesses, workers, residents Bourke St and Batmans Hill Drive to improve and government agencies. traffi c movements from Docklands to Wurundjeri Way. In July and August of 2011, travel behaviour surveys were issued to more than 19,000 Funding has also been confi rmed for the Docklands workers, 6500 residents, 2500 establishment of an Access Docklands Travel football spectators and 900 visitors. Management Association with Docklands employers, community representatives and Participants were asked to rank the government agencies. importance of potential improvements to the transport network. Th e report also confi rms plans for a feasibility study into a pedestrian and Nearly 100 per cent of participants ranked cycling link between North Melbourne enhanced tram services as a top priority Station, E-Gate and Docklands and into the for Docklands. Over three quarters of potential for a Lonsdale St extension through respondent said enhanced weather to Etihad Stadium. protection was a high priority. Th e plan also commits to starting design Th e survey revealed that 34 per cent of A meeting of the minds and feasibility studies for Docklands’ water Docklands residents walk to work, ten transport systems, including the proposed times more than the metropolitan average Yarra River ferry and Docklands shuttles. of 3 per cent. A new public artwork has been added to the Docklands A range of transport initiatives received It also showed that 70 per cent of residents collection. funding and other plans have been noted for use sustainable transport to travel to work further development. compared to 24 per cent for metropolitan Melbourne and 59 per cent for inner MAB Corporation unveiled Wang Shugang's last month when she spotted the sculpture. “Access Docklands will ensure the right Melbourne. transport infrastructure is available for more Meeting 1 at NewQuay last month and it's "I think it's a really interesting artwork. It than 60,000 employees and 20,000 residents And only 30 per cent of Docklands residents already attracting plenty of interest. defi nitely caught my eye," she said. who will call Docklands home by 2025,” travel to work by car in contrast with 75 per Maria Valente (pictured) was in Docklands Read the full story on page 8. Planning Minister Matthew Guy said. cent of metropolitan Melburnians. WANTED: DELIVERY PERSON TO DISTRIBUTE DOCKLANDS NEWS INTO RESIDENTIAL MAILBOXES EVERY MONTH. KEEP ACTIVE AND INVOLVED IN THE COMMUNITY. SPEAK WITH SHANE SCANLAN ON 0419 542 625 ABOUT PAY AND ARRANGEMENTS. 2 DOCKLANDS NEWS ISSUE 86 Short stay operators fi ght on Suite 108, 198 Harbour Esplanade PO Box 23008 Docklands 8012 By Bethany Williams Tel: 8689 7979 Fax: 9602 2929 www.docklandsnews.com.au Advertising Docklands Executive Apartments operator Paul Salter is fi ghting a “weak” decision of the Building Tel: 8689 7979 Fax: 9602 2929 [email protected] Appeals Board (BAB) and is confi dent of winning in the Supreme Court. Reader contributions are welcome. Please send articles and images to In March the BAB upheld the City of [email protected] Melbourne’s 2011 action against owners of short term apartments in the Watergate. Th e deadline for the June edition is May 23. Th e Watergate building is a Class 2 residential building according to the Building Code of Australia, but council Follow us on Twitter argued that short stay apartments fall within @Docklands_News the Class 3 classifi cation, usually reserved for hotels and rooming houses. Like us on Facebook Council’s 2011 building orders demanded Docklands News the owners comply with building regulations applicable to Class 3 buildings or to cease trading. To download our iPad app, simply scan the QR code below: Mr Salter operates his business in the Watergate building and has lodged a Supreme Court appeal against the BAB decision. Following the release of the determination submission and the determination stated in March, the short stay industry community Despite the BAB determining the building rallied around Mr Salter to raise the $200,000 orders should have been issued, it found that Mr Salter had launched the appeal due necessary to launch the Supreme Court that the applications for Mr Salter to pay to commercial interests and that it had been action. council’s costs of $135,443 and the OC’s cost launched rather than pursuing options such of $122,991 were not justifi ed. as building upgrades. Mr Salter said the BAB determination was weak as it focused on duration of stay. During the costs hearing Mr Salter’s lawyer Th e determination also stated that many Richard Niall said there was a statutory cases were relied upon as precedents and He said it ignored a South Australian court presumption that each party would pay its that this was an underlying principle of decision that found no justifi cation for own costs. distinguishing between Class 2 and Class 3 common law. buildings based on length of stay. He said there had to be something signifi cant to prompt the panel to change this standard Additionally, the determination stated that He said the BAB decision also focused on the and argued there was nothing to justify Mr there was no evidence provided during commerciality of the transaction, which was Salter paying costs for either party. the hearings of other businesses operating no diff erent to a long-term rental. Th e BAB agreed with this and its costs which were similar to Mr Salter’s. “Th e appeals board dismissed expert determination stated that no party should Mr Niall also contended that the Watergate opinion and ignored relevant evidence, so I have expected to be entitled to the costs of OC should not be able to claim costs as am confi dent that the determination will be the proceedings should the determination it was not a necessary part of the appeal overturned in a higher court,” Mr Salter said. be issued in its favour. process. Th e Watergate OC joined the “I am taking the case to the Supreme Court Mr Niall also said, considering the nature of proceedings after the appeal had started. to fi ght for our property rights, consumer the proceedings as a test case, council had a choices and to protect the competitiveness bigger agenda than just the case itself. Th e BAB panel found that the OC was not of Australia’s tourism industry.” content to rely on City of Melbourne alone in Accordingly, he implied that council’s use defending the appeal and chose to continue Th e case returned to the BAB last month of the case as a test meant it should bear after both the council and Watergate Owners its costs itself as it would continue to use to be a protagonist in the appeal. Corporation made applications for costs. the results for further action unrelated to Accordingly, the BAB dismissed the Docklands Executive Apartments. But the BAB ruled against awarding costs to application for costs and found there would either party. Th e BAB panel didn’t agree with this be no order as to costs in favour of any party. Hair & Beauty Shop 5 Myer Building 800 Collins Street Docklands 9620 7999 www.suzsalons.com.au ISSUE 86 DOCKLANDS NEWS 3 Lawyers explain Watergate Th e team of lawyers who represented the Watergate Owner’s Corporation (OC) during the Building Appeals Board serviced apartment case held a public briefi ng on the implications of the decision last month. Th e presentation, on April 23 in Docklands, resolution necessary to allow upgrades of was attended by owners corporations, strata common property. managers, residents and lawyers and focused Michael Teys, founder and principal lawyer on the decision and its wider consequences. of the fi rm that represented the OC, also Tom Bacon, who represented the OC during spoke about the wider implications of the the appeal, presented information about the Watergate decision. BAB decision and explained why the OC had “Once or twice a year there is a decision joined the appeal. that aff ects the way we manage our strata He also commented on the building property. Th is year that case is Watergate,” upgrades now necessary should serviced Mr Teys said. apartments operate at Watergate. He reminded OCs of their obligation to He said in order for the building to be inform insurers if serviced apartments are upgraded to Class 3 specifi cations (as the operating in their buildings. BAB determination found was necessary), He said OCs must advise insurers if the OCs must pass a special resolution. nature of occupation changes as to increase Accordingly, the result of Paul Salter’s the risk of loss, damage or the likelihood of Supreme Court action (reported on page 2) liability losses. He said if OCs failed to do so, will determine if serviced apartments will their policies could be voided.