VCAT should enforce planning conditions

 There is a fundamental problem with outcomes following decisions made by the Victorian Civil and Administrative Tribunal. Local councils make decisions on applications, having regard to local community values and expectations but an appeal to VCAT almost inevitably results in the trashing of those values. As a particular example, in the1990’s, Commissioners of Bass Coast Shire refused a sand Extraction application by Barro Group Pty Ltd. Their decision was made after wide community consultation but was overturned following the company’s appeal to VCAT . Now Bass Coast Shire refuses  to revoke the permit even though the company has breached planning conditions and destroyed key fauna habitat. We have asked VCAT to rescind approval for extraction by Barro Group on the site in McGrady Road, Grantville. Despite permit conditions requiring there be no diminution in the quantity or quality of water flowing on the western drainage line of the property. the earthworks they have conducted prior to the start of extraction operations has indeed affected such flows and impacted on our adjoining land and the Bass River where threatened species are now facing extinction. Bass Coast CEO Ms Ali Wastie, stated in an email:" Planning permit 9228 was issued on 2007 at the direction of the Victorian Civic and Administration Tribunal (VCAT). The permit has been extended on several occasions and remains current. The landowner has not acted on the permit as they have not yet supplied the Conservation Management Plan and various other plans and reports required. No activity related to the permit has commenced on the land." VCAT, Bass Coast Shire and the Victorian state government are allowing the destruction of part of the only remaining riparian vegetation on the Bass River. Senior planning staff at DELWP agree that it is the Shire's responsibility to enforce planning conditions but they won't comment of what happen the Shire refuses to act. We think the answer is simple, sack the council and appoint commissioners who are more likely to take their roles seriously and act professionally.We are particularly incensed that we are being penalised for retaining native vegetation on our property, while everyone else seems to be encouraged to destroy everything. We are required to pay rates on the whole farm even though it is covered b y a covenant with Trust for Nature and much of it  is unable to produce income. Neighbouring properties which have permits for sand extraction are only paying farm rates even though the permits have increased the value of their land many times over. To check how we farm, look at the freeranger  website.

As the Shire says it has no power to enforce permit conditions, we have asked VCAT step in and take control of the matter, or is this another reason for VCAT to be disbanded?