VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
planning and environment LIST	vcat reference No. P11473/2021
Permit Application no. 210028	

Applicant	Glen Anthony O'Brien	

Responsible Authority	Bass Coast Shire Council	

SUBJECT LAND	250 McKenzie Road
BASS VIC 3991	

HEARING TYPE	Hearing	

DATE OF HEARING	7 December 2021	

DATE OF ORDER	7 December 2021	

CITATION	O'Brien v Bass Coast SC [2021] VCAT 1491 	

Order
Amend permit application
1	Pursuant to clause 64 of Schedule 1 of the Victorian Civil & Administrative Tribunal Act 1998, the permit application is amended by amending the description of the use to ‘motor repairs’.
Permit granted
2	In application P11473/2021 the decision of the responsible authority is set aside.
3	In planning permit application 210028 a permit is granted and directed to be issued for the land at 250 McKenzie Road, Bass, in accordance with the endorsed plans and the conditions set out in Appendix A.  The permit allows:
•	Use land as ‘motor repairs’ in the Farming Zone.
•	To construct or put up for display a ‘business identification sign’.

Sarah McDonald
Member			

Appearances
For applicant	Glen Anthony O'Brien, in person.	
For responsible authority	Emily Thompson, statutory planner, Bass Coast Shire Council.	

Information
Description of proposal	Use of the land for motor repairs, comprising servicing and repairing motor vehicles.
Proposed operating hours: 8am to 5pm Monday to Friday.
One staff member proposed, being the landowner.
Up to three vehicles will be serviced per day, with delivery of parts once per day.
Proposed business identification signage (400mm x 350mm).	
Nature of proceeding	Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit. 	
Planning scheme	Bass Coast Planning Scheme.	
Zone and overlays	Farming Zone (FZ).	
Permit requirements	Clause 35.07-1: To use land as industry (motor repairs) in the FZ.
Causes 52.05-2 and 52.05-14:  To construct or put up for display a ‘business identification sign’.	
Land description	The land is on the southern side of McKenzie Road.  It is an irregular (battle-axe) shape.  It has a narrow road frontage of approximately 18.57m, is 286m wide at the rear, and has a total area of 8.076ha.  An existing dwelling and large shed occupy the land, located 235m from McKenzie Road.  A substantial proportion of the land (to the south and east of the dwelling and shed) is covered by dense vegetation.	

Remarks
1	This is an application under section 77 of the Planning and Environment Act 1987 to review the refusal to grant a planning permit to use the land at 250 McKenzie Road, Bass, for motor vehicle repairs and maintenance.
2	The permit application, and decision of the Bass Coast Shire Council to refuse to grant a permit, was based on the description of the use as ‘industry’.  At the commencement of the hearing the parties agreed that the correct characterisation of the use was ‘motor repairs’.  The permit applicant also confirmed that the proposed use does not include panel beating or spray painting.
3	Based on the submissions and relevant policies and provisions of the planning scheme, I considered the key issues to be determined were:
•	Is the proposed use acceptable within the planning context?
•	Will any off-site amenity impacts be acceptable?
4	I determined that the proposal was acceptable, and to set aside the decision of the responsible authority and direct that a permit be granted subject to conditions.
5	Reasons for my decision were given orally at the hearing.
6	In my oral reasons I reserved the right to make refinements to the detailed drafting of the permit conditions in the written Order that do not change the substance of my findings.  I have included in this Order an additional permit condition clarifying that the motor repairs use does not include ‘panel beating’.  This is consistent with the applicant’s submissions as to the detailed nature of the proposed use and on which my decision was based.

Sarah McDonald
Member			

Appendix A – Permit Conditions

Permit Application No	210028	
Land	250 McKenzie Road
BASS  VIC  3991 	

What the permit allowS	
In accordance with the endorsed plans:
•	Use land as ‘motor repairs’ in the Farming Zone.
•	To construct or put up for display a ‘business identification sign’.	

Conditions
Amended plans 
1	Before the use commences, amended plans drawn to scale with dimensions must be submitted to and approved by the Responsible Authority. When approved the plans will be endorsed and will form part of this permit.
The plans must be generally in accordance with the plans submitted with the application but modified to show:
(a)	The internal layout of the building and areas nominated for the use approved by this permit;
(b)	Areas nominated for storage in association with the use approved by this permit;
(c)	The car parking area in association with the use approved by this permit;
(d)	Waste storage and collection in association with the use approved by this permit.
Layout not altered
2	The use and signage as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.
Land use
3	The use of ‘motor repairs’ hereby permitted must operate only in conjunction with the existing use of the land for ‘rural industry’ comprising the servicing and repairs of farming machinery. At such time the use of the land for rural industry discontinues, the use of the land for motor repairs must cease to operate, to the satisfaction of the Responsible Authority.
4	The use of the land as ‘motor repairs’ as approved by this permit must not include ‘panel beating’ as defined under the Bass Coast Planning Scheme.
Hours of operation 
5	The use herby permitted must only operate during the following hours:
Monday to Friday: 8am – 5pm.
Saturday & Sunday: Closed, unless otherwise approved in writing by the Responsible Authority.
6	Deliveries to and from the site (including waste collection) must only take place between 7:00am to 7:00pm from Monday to Friday inclusive, unless otherwise approved in writing by the Responsible Authority.
Waste storage and collection
7	The waste generated by the use must be stored in accordance with EPA requirements and collected by a private contractor, to the satisfaction of the Responsible Authority. 
Employee numbers
8	The use herby permitted must not exceed one (1) employee on site at any one time, without the written consent of the Responsible Authority.
Number of vehicles serviced
9	The motor vehicles hereby permitted to be serviced as part of the use approved by this permit must not exceed three (3) per day, without the written consent of the Responsible Authority.
Noise control
10	The use permitted must fully comply with the State Environment Protection Authority Noise from industry in Regional Victoria (Environment Protection Authority, EPA publication 1411), to the satisfaction of the Responsible Authority. 
General amenity
11	The use must be managed so that the amenity of the neighbourhood is not adversely affected, including through the:
(a)	Transport of materials, goods or commodities to or from the land. 
(b)	Appearance of any stored goods or materials. 
(c)	Emission of noise, artificial light, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil;
to the satisfaction of the Responsible Authority.
Signage
12	The permitted sign must not be illuminated by external or internal light except with the written consent of the Responsible Authority.
13	The permitted sign must be located wholly within the boundaries of the subject site.
14	The permitted sign, including the structure and advertising material as shown on the endorsed plan, must at all times be maintained in good order and condition to the satisfaction of the Responsible Authority.
15	The permitted sign shall only contain an advertisement which provides or supplies information relating to the business conducted on the above mentioned land.
Time for starting and completion
16	This permit as it relates to use will expire if the use does not commence within two (2) years after the issue date of this permit.
In accordance with section 69 of the Planning and Environment Act 1987, an application may be submitted to the responsible authority for an extension of the period referred to in this condition.
17	This permit as it relates to the construction or display of a sign will expire if the sign is not constructed or put up for display within two (2) years after the issue date of this permit.
In accordance with section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the period referred to in this condition.
18	Unless otherwise extended in writing by the Responsible Authority, this permit, as it relates to signage will expire on 15 years from the date of issue, at which time the signage and all supporting structures must be removed and the site made good to the satisfaction of the Responsible Authority, within one (1) month of the expiry date.

– End of conditions –