Time is running out on Lyall Road decision

By Jade Lawton
THE fate of Berwick’s Lyall Road development will be determined by Casey councillors within weeks.
The six-storey development, which includes a supermarket, hotel, office space and retail centre, was approved by VCAT last month, despite council rejecting the proposal last year.
But a historic planning loophole means the development could be stopped in its tracks.
City of Casey Acting Manager Planning, Michael Pollard, said that in the late 1980s, the former City of Berwick considered a rezoning and redevelopment proposal for the site known as 1-9 Lyall Road, Berwick.
“This involved council entering into a Section 173 Agreement (dated 17 January 1991) with the developer to ensure that the development was in accordance with agreed plans; however, this proposal was never acted upon,” Mr Pollard said.
“The agreement has no sunset ending clause; therefore it can be ended with the consent of the owner and Council under the provisions of the Planning and Environment Act 1987. A request to end the agreement has been made to council by the land owner.
“Further consideration of the request will be the subject of a report to a forthcoming planning committee/council meeting.”
The Ratepayers, Residents and Friends of Berwick Village Incorporated (RRFBVI) believe the agreement will go before a full council meeting in early July.
The group has urged the council to include residents and other interest groups in any discussions on the agreement.
“The RRFBVI has met with Cr Simon Curtis, and on our behalf he will be holding discussions with the remaining councillors,” president Annette Aldersea said.
“There will be further discussions before the July meeting.”
Some Berwick residents fear the modern-style development will open the floodgates to further proposals, permanently losing Berwick Village’s unique character.
The Casey-Cardinia branch of the National Trust has also protested that the development will compromise the Berwick Inn, which sits opposite the Lyall Road site.
And the Berwick Village Chamber of Commerce, while supportive of new businesses, has raised concerns about parking and traffic issues.