By JOHN VAN KLAVEREN
A community group faces “unspecified” legal costs after losing its tribunal appeal against plans for a service station at Clifton Springs
Drysdale Clifton Springs Community Association (DCSCA), a not-for-profit organisation, appealed to Victorian Civil and Administrative Tribunal (VCAT) over a permit to build a service station on Jetty Rd, near the twin towns’ main roundabout.
Secretary Neil McGuinness said DCSCA’s appeal failed mainly because of “insurmountable” legal hurdles.
“DCSCA accepts VCAT’s ruling but wishes to express its profound disappointment with the (Geelong) council procedure that permitted the service station to go ahead,” Mr McGuinness said.
The association unsuccessfully tried to stop the permit at council hearings last year.
Mr McGuinness said the grounds for the VCAT appeal included rural amenity and road safety.
Environment Minister Lisa Neville, Bellarine Catchment Network chief Matt Crawley and hundreds of local residents supported DCSCA, he said.
“The association did not receive the chance to put its case to a full hearing (because), owing to the unavoidable lateness of its appeal, and lack of financial resources, it faced insurmountable legal hurdles.
“DCSCA wishes to state that its motives were, from the outset, the safety and well-being of the community it represents.
“It responded to significant public opposition to the service station and sought to act honestly and correctly at all times.
“It now faces the possibility of unspecified legal costs being awarded against it. As a result, DCSCA is not able to take further legal action.”
Mr McGuinness said the association maintained its “solidarity with residents living near the site whose amenity, property value and quality of life have been so severely compromised”.
The Independent reported in 2013 that a Geelong pensioner had to pay costs of $40,000 over a failed VCAT appeal.
The tribunal ordered Geelong Chemical Action Network president Sue Kelly-Turner to pay chemical storage company Terminals over a failed appeal against its Corio expansion plans.
She was given 12 months to pay.
