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[2023] VCAT 635
General information, not legal advice.
Victorian Civil and Administrative Tribunal
2023-06-13
Original judgment source is linked above.
[1] The submissions and evidence of the parties, any supporting exhibits given at the hearing and the statements of grounds filed have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.
[2] The current version of the Permit is identified as Permit No. PA1533178-5A. However, we note that the current endorsed plans refer to 'planning permit PA1533178-5'.
[3] Applicant submissions, dated 20 April 2023, page 5.
[4] We note that this element forms part of the amendments approved in December 2022.
[5] Notice of the planning application was also given to Viva Energy Australia, who operate the nearby MHF. Viva Energy advised it had no objection in principle to the proposed works provided they remain within the boundary of the subject land, and subject to conditions.
[6] SFAIRP is an acronym for 'so far as is reasonably practical'.
[7] [2016] VCAT 1929, paragraph 20.
[8] The applicant submitted that the Tribunal can have regard to the WorkSafe Guidelines but they cannot be elevated to the status of a Planning Scheme requirement.
[9] Applicant submissions, dated 20 April 2023, page 11.
[10] IPAA is the former 'Inner Planning Advisory Area; OPAA is the former Outer Planning Advisory Area
[11] The WorkSafe guidance categorises bulk chlorine storage for water treatment as "Volatile Toxic" which requires Safety Area dimensions of 400 m for the Inner Safety Area Distance and 1,000 m for the Outer Safety Area Distance.
Bujar Pty Ltd
Hobsons Bay CC [2023] VCAT 635