Proposed Flemington Racecourse development
Making a submission to the Flemington Hill and Epsom Road Advisory Committee
How do I make a submission?
Your submission to the Advisory Committee should be in writing and addressed to Kathy Mitchell,
Chair, Flemington Hill and Epsom Road Advisory Committee.
Submissions must be uploaded online at http://www.delwp.vic.gov.au/flemington-ac
The deadline for submissions is 5pm on Friday, 19 February 2016 with late submissions accepted
from the community only until Tuesday, 1 March.
Issues identified in your submission should relate to how you would be affected by the proposed
development and may include areas such as:
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Planning controls
Height and bulk of the buildings
Scale of development
Impacts on parking and public transport
Impacts on existing residents
Impacts on community services
What happens after I've put in a submission?
There will be two hearings; a Directions Hearing and a Public Hearing.
The Directions Hearing takes place first and its purpose is to make arrangements for the running of
the Public Hearing, and to set a date for the exchange of information including expert evidence.
It is also an opportunity for:
 submitters to ask questions about information or the advisory committee process
 the advisory committee to identify any particular matters that it wants the proponent or other
submitter to address in submissions, such as specific legislation, policy or practice notes or
guidelines
The directions will be confirmed in writing to those who have asked to be heard or kept informed. A
timetable will be issued at the same time.
The Public Hearing will then follow and is where any party that made a submission can present
their submission to the advisory committee.
For Flemington Racecourse, the Directions Hearing has been scheduled for Tuesday, 1 March
2016. The Public Hearing will be held during the weeks of 14, 21 and 28 March 2016 (excluding
public holidays), with a specific timetable to be set following the Directions Hearing.
Do I have to attend the Directions Hearing or Public Hearing if I made a submission?
Attendance is not mandatory. Your written submission will still be considered; you do not need to
present.
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How do I ask to make a presentation at the Public Hearing?
If you would like to appear before the advisory committee in person, you must make a written
submission and complete the relevant section of the online form by the deadline.
Can I attend the Public Hearing if I didn't make a submission or do not wish to be heard?
You are welcome to attend any part of the Public Hearing process even if you do not make a
submission. A hearing timetable will be available prior to the Public Hearing at
http://www.delwp.vic.gov.au/flemington-ac
Can I present at the Public Hearing without making a submission ?
As a general rule, if a person has not made a written submission, they will not be heard. The
Advisory Committee has no obligation to hear them, although it may choose to do so.
How formal is the hearing?
Advisory committees try to operate informally and efficiently but proceedings are part of a formal
process that operates within specific guidelines. The format is not the same as an ordinary meeting
or Council meeting. The need for structure and orderly behaviour is essential to ensure all parties
have a fair opportunity to present their case.
Some of the important basic ground rules or manners are:
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All mobile telephones must be turned off or on silent mode; do not answer mobile
telephones in the hearing room.
Do not interrupt a person’s submission or presentation of evidence no matter how much
you might disagree with what is being said.
Avoid disrupting others by noise or other activities such as talking or the use of computer
equipment.
Be respectful and courteous at all times including what you say in a written submission.
Direct any questions or concerns about the hearing through the Advisory Committee Chair.
What facilities will be available at the hearing?
The following facilities are typically made available:
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Display boards for materials such as plans, maps and photographs.
A public table where material being presented to the advisory committee may be available
for public inspection.
A table for advisory committee members.
Table space for representatives from the proponent, other key submitters who will be
present for the duration of the hearing, and for individual submitters as they make their
submissions.
A separate place from which witnesses and submitters may make their presentations.
Access to any equipment submitters may require such as a computer and data projector or
whiteboard.
A supply of water and glasses on the table accessible to all participants.
Refreshments in the form of tea and coffee for submitters and the advisory committee.
Sound amplification, if necessary.
Advisory committee sessions are not normally recorded.
What time is allocated to those appearing?
An Advisory Committee is required to give a reasonable opportunity to be heard to specified
people.
Generally, submitters are allocated the amount of time they ask for unless the Advisory Committee
decides the request seems unreasonable. In preparing a timetable, the Advisory Committee will
take into account any availability and time constraints identified by submitters in their Request to
be Heard Forms.
The amount of time, and any time constraints a submitter might have, may be discussed at the
Directions Hearing.
Can I change my scheduled date and time after the timetable has been issued?
Once the timetable has been issued, the Advisory Committee manages the Public Hearing in
accordance with the timetable. This is to ensure that no other party is disadvantaged by, for
example, a submission(s) that exceeds the allocated time or by changing the time when expert
evidence is to be called.
You should prepare your submission to keep within the time that has been allocated to you.
Extensions of time will not be possible. However, if you run out of time, any written material not
addressed will still be considered by the Advisory Committee.
Where will both hearings be conducted?
The hearing venue is selected so that it is reasonably accessible by most people who have an
interest in presenting at the hearing. It is likely the hearing will take place at Flemington
Racecourse.
How can I prepare for the public hearing?
Read relevant documents
If you have requested to appear at the hearing, decide how you will approach your presentation.
You and other parties can ask a spokesperson to speak for you. You can be represented by
someone else, such as a family member, friend, neighbour or professional advocate. Consider if
you need any professional advice, such as from a town planner, architect or lawyer. The Request
to be Heard Form asks for information about any representative appearing for you and any expert
(or other) witnesses you plan to call.
Before the hearing, if you have requested to be heard by the Advisory Committee, you may receive
further material such as expert witness reports. These statements are relied upon to support
another party’s case at the Hearing. They must be sent to parties directed by the Advisory
Committee five (5) business days before the Hearing unless other timeframes have been fixed by
the Advisory Committee at the Directions Hearing.
You should examine any relevant documents and read any expert reports before the Hearing.
They will be addressed at the hearing. It should be assumed that that the relevant material has
been read by the parties before the hearing. Be prepared and be ready to address the reports if
you wish to. Questions of expert witnesses will be permitted but are confined to questions, not
statements or comments. Arguments with expert witnesses are not helpful to the Advisory
Committee and will not be allowed by the Advisory Committee Chair.
Write down and rehearse what you want to say
Write down what you want to say in a logical order in the form of a submission that you can hand to
the Advisory Committee at the hearing. You can read from all or part of this document at the
hearing. This will ensure that you address all the points you wish without repetition.
Your submission must identify what is of particular concern to you about the proposal and the
specific reasons why. Focus on these points and think about ways to demonstrate them.
Photographs, diagrams or a short video can help. Refer to previous Advisory Committee reports or
VCAT decisions if directly relevant to the point you wish to make.
Rehearse what you want to say so that you remain within your allotted time.
Bring the required number of copies of your written submission as outlined in the Advisory
Committee directions, including copies of supporting documents such as photographs.
Expect some questions of clarification from the Advisory Committee
The Advisory Committee may have questions for you to assist it to understand your case. The
Advisory Committee might also ask you if the proposal can be changed to overcome your
concerns. So, before the hearing, think about whether anything can be done to address your
concerns.
What happens at a hearing?
When you arrive at the hearing venue, go into the room. Take a seat at the hearing table (if the
hearing has not commenced) or near to the table.
At the time listed for the commencement of the hearing, the Advisory Committee will enter the
hearing room. Everyone in the hearing room should stand. Sit when invited to do so.
The Advisory Committee Chair will introduce herself, any other Advisory Committee members, and
then confirm who is present and appearing for each of the parties. You should refer to the Advisory
Committee Chair as 'Madam Chair'. Other members should be referred to as 'Mr Smith' or 'Ms
Jones'.
Name plates will be on the hearing table to help you recall the Advisory Committee member’s
name.
All parties are expected to use formal names, such as 'Mr Green' or 'Dr Black', not first names.
Any preliminary matters will be dealt with at the start of the Hearing. Examples are:
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Confirming that required documents have been circulated.
Ensuring expert witness statements have been received.
Explaining any site visit already undertaken by the Advisory Committee.
This is when you should ask any questions that have arisen since the Directions Hearing.
At the end of the hearing, everyone should stand while the Advisory Committee leaves the room.
When taking breaks during a hearing, everyone should also stand when the Advisory adjourns and
stand when they return.
Parties are (within reason) able to enter and leave the hearing venue as they wish. They are not
required to bow on entry or exit.
If you do not attend the whole hearing, please arrive at least 15 minutes before your allotted time.
When it is your turn, you will be invited to sit at the hearing table (if not already at the table).
You must present your whole case.
That includes handing up documents, calling any witnesses and responding to any witness
statements. If you are unsure about this, ask the Advisory Committee Chair for guidance.
Written material presented at the hearing should preferably be two-hole punched; stapled; and not
bound. Photographs or other visual material should be presented in A4 binders or A4 format, not
on large boards. This makes the material easier to transport and file. If items such as photographs
or maps are to be used, only one copy is required.
If you have any difficulty with supplying copies of your submission, please contact PPV.
What should I do if I can no longer attend the hearing?
If you no longer wish to appear before the Advisory Committee, advise the Advisory Committee
Chair at the Directions Hearing or Hearing. You can also contact the offices of PPV and advise in
writing that you will not be attending. Your written submission will still be considered by the
Advisory Committee.
Can I withdraw my submission?
If you decide to withdraw your submission, advise PPV in writing as soon as possible.
Will my submission and personal details be made public?
Planning Panels Victoria (PPV) will not publish submissions on its website unless directed to do so
or the advisory committee decides it is necessary to meet its obligations in terms of natural justice
and procedural fairness. Permission from submitters will be sought for web publishing.
The advisory committee will use the submissions to inform its recommendations to the Minister for
Planning.
As part of the normal hearing process, and in accordance with natural justice principles proponents
and some other parties to a hearing may be provided with a copy of submissions in order to be
able to respond to them.
The Request to be Heard Form includes a Privacy Collection Notice detailing how the information
collected will be used. This includes material handed up directly during the hearing.
The advisory committee will consider any requests for material to be treated as confidential in the
light of procedural fairness and natural justice for the parties to the Hearing.
Can I send in further submissions or information after the hearing?
The general rule is no.
Can I contact the advisory committee directly?
You can only make contact with the advisory committee in the public forum of a hearing or in
writing. You cannot contact advisory committee members by telephone or email to discuss matters
before the advisory committee.
If an issue or concern arises, send a letter, fax or email to the Advisory Committee Chair via the
Advisory Committee Co-ordinator at PPV. The document will be forwarded to the Advisory
Committee Chair and a response will provided to you, through a PPV staff member or at the
hearing. The advisory committee may send copies of your letter to other submitters.
What happens after the advisory committee hearing is finished?
The advisory committee will provide advice to the Minister on the suitability of the draft Planning
Scheme Amendments to facilitate this development in accordance with its Terms of Reference.
The matters that must be addressed by the advisory committee in its report to the Minister for
Planning are set out in the Terms of Reference, which can be found at
http://www.delwp.vic.gov.au/flemington-ac.
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Within 8 weeks of the last day of the hearings provide a report to the Minister for Planning.
When can I see the advisory committee’s report?
Advisory committee reports are released at the Minister for Planning's discretion. This usually
happens once a final decision has been made about the matter under consideration.
The advisory committee’s report is not binding on the Minister but it must be taken into
consideration before the Minister makes a decision.
Once available to the public, the advisory committee report is uploaded to the following websites
where it remains permanently available for reading and searching:
1) Australasian Legal Information Institute (austlii.edu.au)
2) Planning Scheme Amendments Online
How do I contact PPV?
If you need more information, you can contact PPV staff directly via the following methods:
Telephone: (03) 8392 6384
Fax: (03) 8392 6381
Email: planning.Advisory Committee s@delwp.vic.gov.au
Post: GPO Box 2392, Melbourne, Victoria 3001