Residents of the quiet coastal village of Somers claim the "little person" is being priced out of Victoria's planning tribunal, after fees to face a hearing in a case against the local council skyrocketed at the last minute.
More than 300 members of the community of 1400 actively oppose the Mornington Pensinsula Shire Council's plan to pave a pathway through the village on the grounds that it would destroy vegetation, compromise habitat for wildlife – including koalas – and detract from the character of the village.
![A last-minute hike to VCAT fees means 300+ Somers community members may have to abandon their case to oppose the ...](/web/20161025223418im_/http://www.theage.com.au/content/dam/images/g/s/8/o/6/t/image.related.articleLeadwide.620x349.gs8o98.png/1477233232093.jpg)
Yet, a week before the start of the VCAT hearing on Monday, the applicants were notified that the process would cost more than double the fee they had originally been quoted.
Rather than $4098 for four days at VCAT, it would now cost the community $9407.
![Illustration: Matt Golding.](/web/20161025223418im_/http://www.theage.com.au/content/dam/images/g/s/8/s/d/3/image.related.articleLeadNarrow.300x0.gs8o98.png/1477268024261.jpg)
"We had no idea the costs were going to be as great as what they are," said community organiser Pam Bannister.
"Perhaps if we'd known what the fees would be from the get go, we might have thought twice about submitting an application."
The fees were hiked after VCAT classified the case as "complex".
Under new state laws which came into full effect on July 1, VCAT hearings that the tribunal deems "complex" incur a higher daily fee.
Given that the onus is on the applicant to pay, the costs of lodging a complaint is now considerably more burdensome.
"The dice is loaded against the little person," says Chris Atmore, who is also the VCAT advocate for two of the three applicant groups who are waging the campaign against the council.
"Especially for planning matters when the community objects on environmental grounds, because of hoops you have to jump through and the legal complexity of the process.
"It costs about $15000 [to lodge such a complaint at VCAT], which prices communities out, while the council has sufficient funds to defend these things – using our taxes. We don't call that democracy."
In January 2013, shortly after the Victorian Department of Justice announced a proposal to increase fees payable by the public to the tribunal, advocacy group Environmental Justice Australia (then called Environment Defenders Office) warned the changes would "significantly" disadvantage "mum and dad" objectors and community group applicants over big developers, corporations and government agencies.
But Ms Atmore says the community isn't ready to toss in the towel just yet.
Having already raised funds from private donors to pay for legal advice in the lead-up to the hearing, and to cover most of what they thought would be the original cost of appearing at VCAT, they want to push ahead for as long as the existing funds will take them.
"For the hearing to commence, we have to pay for at least the first day," says Ms Atmore.
"We've scrabbled together the money for the first day, during which we expect the council to put forth their case. We're hoping by the second day we will get a chance to begin our arguments. And we're hoping to cobble together enough money to front up on the second day. But after that, at this stage, we have no idea. We might request the case be adjourned so we can get more time to fundraise. If they decline or if we can't raise the funds, we may have to forfeit the case."
VCAT and the Mornington Peninsula Shire Council were contacted for comment.
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