The verdict is finally in from the VCAT hearing……
WE WON!!!!!!!! and we won on all counts!
The support we received from the community has been genuinely moving. With the help and generosity of our friends, artists, and followers we were able to not only raise most of the funds for the legal fees but it gave us the strength to endure this senseless assault, that threatened our livelihood. We were able to go into the VCAT hearing confidently with an incredible QC who kindly appeared as our advocate at the hearing.
- The two-day VCAT hearing took place in mid-December.
- The judge requested a site visit which happened on the 10th of February
- We received the final judgment, verdict, and the judges report on 4th of March
The main arguments were:
- Acoustics: the noise levels of machines
- Coachbuilding is not a Craft it is motor repair and panel beating
- Teaching from an Art and Craft Centre without an education permit
- Non-compliance and ruining the amenity of Eltham
Our QC expertly, succinctly, and eloquently responded to each argument.
The Judges report concludes:
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- Acoustics: During my site inspection, I stood at the common boundary with the subject land, inside the applicants’ property. This boundary is close to the edge of the applicants’ dwelling. I was able to faintly hear the Plenishing Hammer in operation. In my view, the extent of the noise I heard I did not consider to be detrimental to the amenity of the area.
- Teaching: It is understood that the art and craft centre on occasions has students from the high school attend workshops carried out in the art and craft centre. The art and craft centre also promotes a learning and teaching space. Given that this use has been occurring for the past 17 years and has not been called into question suggests that the learning and teaching aspect has existing use rights as well as being ancillary to the overall use of the art and craft centre for the creation of works of art in the form of large sculptures.
- Vintage Cars: The craft of restoring the bodies of vintage cars does not fall within either the definition of ‘motor repairs’ or ‘panel beating’. Two vintage cars in the process of restoration were observed on the judges site inspection. It is noted that the landowner and artist is considered to be a highly skilled restorer of wooden car bodies and some of the artist’s work has been displayed at the National Gallery.
- Non-compliance: The judge found us to be compliant with everything and what we do at the studio is fitting and an enrichment of the local area.
Thank you again to everyone in our lives that helped us through this challenging time. Now we can get back to normal and get on with our lives confidently. We will continue making art, teaching, coachbuilding and all the activities that make Nyora Studio the special place that it is.
“Nyora is our home, our business, our everything.”
Warmest regards
Emmy Mavroidis
