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GTP represented Central Highlands Water (“CHW”) in an appeal involving four lots included in a Restructure Overlay in a water catchment in the Shire of Moorabool. CHW had objected to the application and the Council was forced to refuse the application. The permit applicant appealed this decision to the Tribunal.

The Tribunal adjourned the matter for 30 days to enable the applicant to amend the application for only dwelling. In reaching its decision, the Tribunal reflected the concerns of CHW and said:

1. We believe that the development of four dwellings here is not only likely to remove high quality land from agricultural production but will, in all probability, promote conflict and disbenefits for surrounding landholders who depend on those properties for their livelihood, and who are operating in accordance with the purposes of the zone.  The present proposals seriously conflict with virtually all the stated purposes of the Rural Zone, and may well jeopardise the proper conduct of surrounding agricultural activities.  The effect on surrounding land uses is an issue specifically called upon by the decision guidelines of the Restructure Overlay.
2. In all these circumstances the Tribunal is simply unable to come to the conclusion that the expectations of the permit applicant should be allowed to outweigh such fundamental planning principles.  It follows therefore that it believes the applications should be refused in their present form (13).

This is a significant decision and builds on a previous decision Park v Macedon Ranges Shire Council [2005] VCAT 1306, which which also dealt with a dwelling in a water catchment affected by a Restructure Overlay in a water catchment in the Macedon Ranges Shire.

To discuss the how planning controls can be used to protect water quality, please call John Glossop on 9329 2288.

January 2006.

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