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9 12 Victorian Civil and Administrati… ORDINARY COUNCIL MEETING AGENDA 17 AUGUST 2020 9.12 VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL HEARINGS AND ACTIVITIES CARRIED OUT UNDER DELEGATION Author: James McNulty - Manager Development Approvals File No: CL/04/004 Attachments: Nil SUMMARY The following is a summary of planning activity before the Victorian Civil and Administrative Tribunal (VCAT) as well as a list of decisions on planning permit applications dealt with under delegated powers for the period detailed. RECOMMENDATION THAT Council receive and note the report on the Victorian Civil and Administrative Tribunal Hearings and Activities carried out under delegation. Victorian Civil and Administrative Tribunal (VCAT) activity update. Upcoming appeals The following is an update of the upcoming VCAT appeals. APPEAL REFERENCE ADDRESS PROPOSAL APPEAL AGAINST DATE NOS. 5 October VCAT – 8 Eden Place, Development of Appeal against 2020 P125/2019 Wallan the land for Council’s refusal to Council – multiple grant a planning permit PLP206/18 dwellings September VCAT – Hillview Drive, Subdivision of Appeal against 2020 P1542/2019 Broadford the land into 25 Council’s refusal to Council – lots and the extend the completion TP93/100 removal of date of the permit native vegetation 23 March VCAT – Hogan’s Hotel, Construction of Conditions Appeal by 2021 P2492/2019 88-94 High an extension, applicant Council – Street, Wallan reduction in car PLP012/19 parking, increase in licensed area and patron numbers Awaiting VCAT – 8 C Emily Major Promotion Appeal against decision P9/2020 Street, Seymour Sign Council’s refusal to Council – grant a planning permit PLP205/19 Adjourned – VCAT – 160 Scotts Use of the land Appeal against awaiting new P93/2020 Road, Tallarook for camping and Council’s refusal to hearing date Council – use of existing approve an P307127/12 buildings for a amendment to a host farm and planning permit function centre MITCHELL SHIRE COUNCIL Page 661 ORDINARY COUNCIL MEETING AGENDA 17 AUGUST 2020 VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL HEARINGS AND ACTIVITIES CARRIED OUT UNDER DELEGATION (CONT.) Compulsory VCAT – 210 Tallarook Place of Appeal against Conference - P49/2020 Pyalong Road, Assembly Council’s approval of 17 August 20 Council – Tallarook (music Festival) an amendment to a P307044/12 and a reduction planning permit Hearing – 7 of car parking December 20 requirements (5 days) 9 July 2020 – VCAT – 175 Northern Use and Appeal against extent awaiting P417/2020 Highway, development of of advertising proposed decision Council – Wallan the land for PLP268/19 stone extraction and creation of access to a Road Zone Category 1 18 March VCAT - 36 Victoria Multi-unit Conditions appeal 2021 P983/2020 Street, Seymour development Council – PLP150/19 13 October VCAT – 149 Dudley Multi-unit Conditions appeal 2020 P1065/2020 Street, Wallan development Council – PLP347/19 6 April 2021 VCAT - Springridge Amended Appeal against refusal P1002/2020 estate, 625 Development of amendment to Northern Plan Springridge Development Plan Highway, Wallan 16 April 2021 VCAT – Balance of land, Multi-lot staged Conditions appeal P1055/2020 2 Tootle St subdivision (appealing Council – Kilmore VicRoads/Council PLP274/19 conditions regarding intersection works/contribution) VCAT decisions since last report No decisions made since last report. Activities Carried out Under Delegation A list of planning permit applications dealt with under delegated powers for the month of July 2020 is included below. Permit No. Address Description of Permit Decision Date Approved South Ward PLP032/20 85 Carmelo Amendment to Section Notice of 02/07/20 Court WALLAN 173 Agreement Refusal PLP082/20 Wallan East Use and development Planning 03/07/20 Childcare - Lot Z of a Kindergarten and Permit Station Street ancillary uses (place of WALLAN assembly (Community MITCHELL SHIRE COUNCIL Page 662 ORDINARY COUNCIL MEETING AGENDA 17 AUGUST 2020 VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL HEARINGS AND ACTIVITIES CARRIED OUT UNDER DELEGATION (CONT.) Programs), maternal child health) and to display business identification signage. PLP211/19 695 O'Gradys Use of the land for Planning 17/07/20 Road animal husbandry (dog Permit WANDONG obedience training & keeping of farm animals), education centre (Community farming education) and place of assembly (dog socialisation sessions) PLP238/19 90 Bentinck Development of the Notice of 21/07/20 Street WALLAN land for seven (7) Decision dwellings, reduction of car parking requirements and written determination Central Ward PLP105/20 15 Hunts Road Buildings and works for Planning 08/07/20 KILMORE the construction of an Permit outbuilding PLP325/17.01 275 Tantaraboo Use and development Amended 17/07/20 Road of the land for a Planning WILLOWMAVIN dwelling, covered Permit horse arena, horse stables and associated structures PLP095/20 640 Kilmore Buildings and works for Planning 23/07/20 Glenaroua Road the construction of an Permit GLENAROUA outbuilding North Ward PLP243/17 170 Taits Road Use and development Planning 01/07/20 CLONBINANE of part of the land Permit associated with Industry and the construction of a dependent persons unit PLP118/20 97 High Street Buildings and works for VicSmart 08/07/20 SEYMOUR an outbuilding within a Planning Heritage Overlay Permit PLP275/18 160 Johns Road Development of the Planning 08/07/20 SUGARLOAF land for a dwelling and Permit CREEK outbuildings MITCHELL SHIRE COUNCIL Page 663 ORDINARY COUNCIL MEETING AGENDA 17 AUGUST 2020 VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL HEARINGS AND ACTIVITIES CARRIED OUT UNDER DELEGATION (CONT.) PLP139/20 65 Seymour Buildings and works for VicSmart 08/07/20 Pyalong Road an outbuilding within Planning HILLDENE 100m to a watercourse Permit PLP015/20 605 Dairy Flat Development of the Planning 23/07/20 Road land for a dwelling Permit HEATHCOTE SOUTH PLP022/20 26/465 Tallarook Development and use Planning 30/07/20 Pyalong Road of the land for a Permit TALLAROOK dwelling CHARTER OF HUMAN RIGHTS IMPLICATIONS The rights protected in the Charter of Human Rights and Responsibilities Act 2006 were considered in preparing this report. Failure to comply with the Child Safe Standards and associated legal responsibilities would be a breach of human rights. OFFICER DECLARATION OF CONFLICT OF INTEREST No officers involved in the preparation of this report have any direct or indirect interest in this matter. MITCHELL SHIRE COUNCIL Page 664 .
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