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Mechanic takes planning dispute to VCAT

February 11, 2021 BY

Jason Cichocki self-funds his activities with Surfcoast Wildlife Rescue through his automotive business. Photo: MICHAEL CHAMBERS

A SURF Coast-based mechanic is worried an unfavourable outcome to his planning dispute with the Surf Coast Shire will force him to cut back severely on his wildlife rescue activities.

Jason Cichocki has operated Southwest Automotive Services from a site on Grossmans Road for 16 years.

He said the shire asked him to apply for a permit for the business, which he did under existing use rights in February 2020, but he did not learn his application was rejected until about two weeks before Christmas.

“I’ve got stat decs signed by the landlord saying he’s been taking rent off me since 2004,” Mr Cichocki said.

The second permit application was rejected because of noise issues, a ruling Mr Cichocki contests as he believes the shire has not performed an acoustic test.

“The communication from the shire has been very, very poor,” he said.

Mr Cichocki also runs Surf Coast Wildlife Rescue, and said the cost of relocating alone would force him to reduce the number of rescues he attended.

“I’m self-funded; the only pay for it is through my business.

“A lot of the rescues I get called to, the members of the public have been directed to call me by the Surf Coast Shire, or the Surf Coast Shire call me directly themselves.

“I’ve chosen to do this for two reasons: I care about the animals, and I care about the community.”

Mr Cichocki will fight the matter at the Victorian Civil and Administrative Tribunal (VCAT).

“Council has been working with an applicant for some time to resolve the situation where a business has been operating at local premises without a permit,” the shire’s general manager of planning and environment Ransce Salan said in response to questions from this newspaper.

“Currently, the applicant has sought an appeal through VCAT and council will provide the applicant every opportunity to present a case to VCAT as to why a permit should be granted.

“Council appreciates the difficulty of the situation and so has supported the business to operate while the VCAT appeal process is occurring, which could take six to nine months.

“If VCAT does not support a permit for the site then council will continue to work with the applicant to explore future options for the business, such as transition to another site.”

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