By MARA PATTISON-SOWDEN
IN A shock move a Don Valley water bottling facility has been told to remove existing tanks and buildings after failing to disclose them to the Yarra Ranges Council.
Councillors say the tanks were an “unacceptable intensification” on the site that showed an industrial-scale business within the rural environment.
They also questioned why the council’s compliance department had not uncovered the deception over the past seven years.
The outcome was a win for residents, who have been campaigning against the facility since its inception, but they say this application could be ongoing if the owner decides to take it to VCAT.
The planning application was rejected at last Tuesday’s 12 June council meeting, where the owners applied for retrospective approval for seven water tanks, a machinery shed, two shipping containers and a bore shed.
Nine objections had been received about the lack of compliance and intensification of works on the site, and planning officers had recommendedb that the application be approved.
Councillor Jeanette McRae put forward a motion of refusal, saying what currently existed on the site was an industrial-scale outcome.
“I don’t believe at any stage when council or VCAT considered it, that it would be such an intense industrial scale,” she said.
“It seems the applicant whether past or recently is totally not interested in being compliant with any permit on its activities.
“I’m sure once VCAT realises there’s been no respect given to their decision, it will certainly legitimise our decision tonight.”
Cr McRae argued that even if the previous operators chose not to disclose the extra tanks in 2004, they should have in 2010 when it went through the council and VCAT.
“The last one was built in the last 18 months, and my understanding is the current owner/operator has been there longer than that,” she said.
Cr Samantha Dunn said the application did not meet any purposes of the rural conservation zone it existed within.
“It doesn’t protect and enhance the resources, it doesn’t take into account conservation values…when we consider this area is also covered by two other environmental outlays, this is a completely inappropriate use of the site,” she said.
Cr Chris Templer said the intensity should not be challenged because it was already restricted under the water licence.
“The intensity can’t increase, because everything in and out is restricted,” he said.
“If we’re able to work together to make sure that if this operator does work outside the permit, it’s councils job to enforce it and everybody would be quite happy to enforce it, but that’s nothing to do with what’s happening now.
“The tanks can only be full once, but they can’t get it out truck after truck – it’s limited to eight movements.”