Subdivision Question

Hi,
I put in a proposal for a subdivision to council and as part of the process in Victoria you have to advertise for 2 weeks and all the neighbours will be sent a letter about the subdivision. Unfortunately 2 neighbours complained mostly due to the fact that the nice vacant block they oversee will now have a house built on it. There are some drainage issues on it due to the fact that a previous subdivision that was allowed didn't put in a big enough storm water system in. I planned to address this issue, but now due to the complaints of the two neighbours I have to prepare a report regarding drainage to council ($7000) with no guarantee it will be accepted the vibe I'm getting from council is that they will still object to the subdivision. This will mean I will need to go to VCAT which will require me to call expert witnesses to push my case (I received a quote of $6000) for this. Due to the costs of the development, the costs to challenge and go to VCAT I have decided to veto the subdivision (it's a 2 lot subdivision blocks are 1200sqm each approx value of block $150000 the other block has a house on it.) I'm from Bendigo Victoria. I spoke to a builder friend of mine who suggested that I wait for 6 months make some changes to my application (perhaps a 3 lot subdivision) and instead of going through the council process go straight to VCAT for approval, bypassing council and my neighbours. He has suggested I see a guy who specialises in difficult situations such as mine. Has anyone heard of this being done before or have any suggestions?
Cheers
 
The only way you can bypass Council is if you take them to VCAT over their failure to make a decision within the statutory time limit.

Going to VCAT is expensive, messy and takes a lot of time. Much better to go through the process with Council.
 
Thanks for your response CDD. I have been informed by a builder that it costs $185 to lodge a request for a VCATT hearing. I know if I lodge another subdivision request through council I will receive the same complaints from the neighbours and requests from council as I did with this one. It may cost me at VCATT to present my case ie expert witnesses and a thorough report but at least the decision will be made there and then. What's happened with this current subdivision is that I lodged the application, advertised it. Received complaints from 2 neighbours, went to mediation where council requested a thorough drainage report ($7000), and even with this they are still unsure as to whether they will approve it, which then means I will need to go to VCATT where I will have to provide expert witnesses ($6000). I have been recommended to use a person who knows how to deal with VCATT and get difficult subdivision plans through. Also by going straight to VCATT it removes the neighbours from the equation. I'm not saying I will go down this path but it's worth going to chat with the guy.
 
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