Wensleydale restaurant approved by VCAT

THE Victorian Civil and Administrative Tribunal (VCAT) has overruled the Surf Coast Shire council’s decision to reject a planning application for a 50-seat restaurant in Wensleydale, following multiple amendments made by the applicants to the original plans.

In March 2019, Mopoke Manor owners Adam and Tracey Adamczyk sent an application to the council for the establishment of a restaurant and construct six cabins on their 40-hectare property on Gum Flats Road.

The council did not decide on the proposal within the statutory period, and it was subsequently sent to VCAT for review.

However, the shire’s general manager of environment and development Ransce Salan said meeting the statutory time frames was not always feasible.

“Whilst every effort is made to decide all applications well within the statutory period, this application involved a number of complex planning issues and required a review of community submissions. As such, the application was not decided within the statutory timeframe, which is not uncommon when dealing with complex applications that receive numerous submissions. The applicant then chose to exercise their right to appeal through VCAT.”

At the shire’s November 2019 council meeting, councillors unanimously voted to pursue a refusal of the application at the VCAT hearing.

The council posited the applications ran contrary to planning policies to discourage tourism development to locate in areas of high fire risk and broader state policy about bushfire risk.

The applicants revised the plans they put before VCAT to address these issues.

Mr Salan said the council was content with the amended plans and subsequently informed VCAT they no longer opposed the proposal.

“Prior to the VCAT hearing, the applicant lodged amended plans for VCAT to consider, which proposed the deletion of the accommodation component due to the significant bushfire issues, as well as restricting operation of the restaurant to outside the declared Fire Danger Period, or any day with a Fire Danger Rating of Extreme or Code Red. Council subsequently provided a submission to VCAT clarifying that Council supported the amended plans.”

VCAT member Alison Glynn noted neither the CFA nor the Department of Environment, Land, Water and Planning objected to the revised proposal.

At the hearing, Ms Glynn said she too was satisfied the application met fire safety standards.

“With the use now confined only to a restaurant operating outside of the fire danger period the council is also now satisfied the relevant policies relating to bushfire are addressed.

“I am also satisfied the relevant policy and provisions relating to bushfire risk in the planning scheme are addressed based on the limited operating periods proposed.”

A report by council officers to help inform the councillors’ decision at the meeting also noted there had been 17 objections and one submission of support for the plan while it was on public exhibition.

In addition to the bushfire risk, objectors also voiced concerns about the applications potential effect on traffic, use of farming zone, and effect on the environment.

Ms Glynn also addressed these concerns in her ruling. She stated Farming Zones can be used for non-agricultural purposes ensuring they “do not adversely affect the use of the land for agriculture”.

Ms Glynn said she believed the application fell within these remits.

“The small scale of the use and its location inside an existing building means that I am satisfied it should have an unreasonable adverse impact on the objectives of the Farming Zone.”