By John Van Klaveren
THE fight over a chemical storage facility in North Geelong is set to continue at Victorian Civil and Administrative Tribunal (VCAT).
A Geelong council planning panel this week refused Teleta Nominees’ permit application for building works on the Roseneath St site.
Teleta director Ryan McGarigle said he was disappointed at the outcome “which will take VCAT 30 seconds to understand and overturn”.
The proposal attracted 175 objections to the land’s use for chemical storage and blending.
A report to the panel said the applicant provided evidence the site “enjoyed existing-use rights” and that the panel could only hear the permit application for associated buildings and works.
Officers had recommended approving the application subject to conditions on lighting, fencing, a demolition plan, landscaping, drainage, access and car parking.
The report said the site had a “long industrial zoning history” but the area was unusual because of a high number of nearby “sensitive land uses”, or dwellings.
“The majority of the dwellings currently located within the industrial zones enjoy existing-use rights as a dwelling under the current provisions would now be prohibited,” the report said.
Ward councillor Eddy Kontelj said the application was refused because the development posed an unacceptable risk to the health and amenity of nearby land-owners and residents.
Cr Kontelj said the panel raised a number of issues with the applicant but failed to receive sufficient information.
The issues included a buffer zone between the site and nearby residential zones, negative impact on the environment and on the amenity and character of the area.
Cr Kontelj also questioned the existing-use rights.
“I will pursue that through council and seek additional legal advice,” he said.
Mr McGarigle said the panel “overstepped its boundaries” when it based its decision on the site use rather than the associated buildings and works.
“I’m disappointed as a ratepayer that council is wasting funds on this. When council goes against the advice of their planners it doesn’t take long to get VCAT to overrule it.”
Mr McGarigle said objectors or local MPs never contacted him to discuss the proposal.
“I’ve been willing to talk to them because of a lot of their information was hearsay and stuff they read in the paper. They could have been part of the process and worked through the dramas but they haven’t approached it in that manner.”
Mr McGarigle said his legal opinion was that a break in use did not constitute valid grounds to extinguish exiting-use rights.
