Casey Clean Bowls VCAT on Subdivision
Mayday
The Supreme Court of Victoria has upheld an appeal by the City of Casey against the Victorian Civil and Administrative Tribunal's (VCAT) approval of a planning application by the Seventh Day Adventist Church for a 24 lot residential subdivision on 254/260 Hallam Road Hampton Park. The site is in close proximity to the Hallam Road Landfill which reportedly takes 1/3 of Melbournes municipal waste and a concrete batching plant.
Council refused the application on the 25th November 2008 on the grounds of inadequate buffer distances from the landfill and the potential adverse amenity impacts generated by a concrete batch plant.
In December 2009, VCAT overturned Council’s decision and approved the subdivision.
Council appealed to the Supreme Court and argued that VCAT had made an erroneous decision. The Court found that Council was denied natural justice by VCAT and that the Tribunal had erred in law by directing Council to grant a permit subject to an invalid condition.
City of Casey Mayor Cr Shar Balmes said ‘The decision handed down by the Supreme Court to refuse the proposed residential development is a great outcome for the local community. She says ‘We’ve all seen the significant consequences that can occur as a result of poor land-use decisions, as was the case with Stevensons Road Closed Landfill.
She concluded ‘It is unfortunate that Council had to go to such lengths as to take the matter to the Supreme Court, but the court’s decision has made this action worthwhile’.
VCAT will now need to reconsider the matter.
Mayday Footnote:
In his decision concerning Seventh Day Adventist Church v Casey CC [2009] VCAT 2763 (31 December 2009), Presiding Member J.A. Bennett prefaced his comments with the following: Seventeen years ago, Her Majesty Queen Elizabeth 11, told the world that1992 is not a year on which I shall look back with undiluted pleasure. In the words of one of my more sympathetic correspondents, it has turned out to be an Annus Horribilis. Although the residents of Brookland Greens Estate, the City of Casey, and the Victorian Government and its agencies may have described 2008 in a different way, we do not doubt that events surrounding methane gas migration from the Stevensons Road landfill have caused a significant shift in attitudes to land use planning and management around existing and former land fill sites in Victoria.
As Mr. Ripley said - believe it or not, he then conditionally blessed a 24 lot subdivision for the Seven Day Adventist Church part of which lay within 500 metres of an active land fill and part of which was within spitting distance of a concrete batch plant and garden supplies outlet.
Links
Read Member Benett's decision
Hallam Road waste plan has residents screaming 'dumped on' (Liz Bell Casey Weekly Sept 08)
The Supreme Court of Victoria has upheld an appeal by the City of Casey against the Victorian Civil and Administrative Tribunal's (VCAT) approval of a planning application by the Seventh Day Adventist Church for a 24 lot residential subdivision on 254/260 Hallam Road Hampton Park. The site is in close proximity to the Hallam Road Landfill which reportedly takes 1/3 of Melbournes municipal waste and a concrete batching plant.
Council refused the application on the 25th November 2008 on the grounds of inadequate buffer distances from the landfill and the potential adverse amenity impacts generated by a concrete batch plant.
In December 2009, VCAT overturned Council’s decision and approved the subdivision.
Council appealed to the Supreme Court and argued that VCAT had made an erroneous decision. The Court found that Council was denied natural justice by VCAT and that the Tribunal had erred in law by directing Council to grant a permit subject to an invalid condition.
City of Casey Mayor Cr Shar Balmes said ‘The decision handed down by the Supreme Court to refuse the proposed residential development is a great outcome for the local community. She says ‘We’ve all seen the significant consequences that can occur as a result of poor land-use decisions, as was the case with Stevensons Road Closed Landfill.
She concluded ‘It is unfortunate that Council had to go to such lengths as to take the matter to the Supreme Court, but the court’s decision has made this action worthwhile’.
VCAT will now need to reconsider the matter.
Mayday Footnote:
In his decision concerning Seventh Day Adventist Church v Casey CC [2009] VCAT 2763 (31 December 2009), Presiding Member J.A. Bennett prefaced his comments with the following: Seventeen years ago, Her Majesty Queen Elizabeth 11, told the world that1992 is not a year on which I shall look back with undiluted pleasure. In the words of one of my more sympathetic correspondents, it has turned out to be an Annus Horribilis. Although the residents of Brookland Greens Estate, the City of Casey, and the Victorian Government and its agencies may have described 2008 in a different way, we do not doubt that events surrounding methane gas migration from the Stevensons Road landfill have caused a significant shift in attitudes to land use planning and management around existing and former land fill sites in Victoria.
As Mr. Ripley said - believe it or not, he then conditionally blessed a 24 lot subdivision for the Seven Day Adventist Church part of which lay within 500 metres of an active land fill and part of which was within spitting distance of a concrete batch plant and garden supplies outlet.
Links
Read Member Benett's decision
Hallam Road waste plan has residents screaming 'dumped on' (Liz Bell Casey Weekly Sept 08)