Victorian Civil and Administrative Tribunal|2009-02-23

Fraser v Baw Baw SC [2009] VCAT 259 (23 February 2009)

Planning and Environment; Farming zone; Erosion Management Overlay; Wildfire Management Overlay; Extractive Industry; Basalt quarry; Extractive Industry Interest Area; Noise from blasting, rock breaking, rock drilling, crushing, sifting and earth moving; Flyrock; Dust and air emissions from same sources; Surface and groundwater impacts; aquifers; Buffer distances to sensitive uses; Performance standards; Relationship of buffers to performance standards; Truck transport traffic impacts on surrounding road network; Conflicting land use values; Farming and agriculture; Tourism; Rural residential living.

Virginia Giles and Others and Ken Fraser and Others

Fraser v Baw Baw SC [2009] VCAT 259

The order of the Tribunal dated 19 January 2009 is corrected under the provisions of Section 119 Victorian Civil and Administrative Tribunal Act 1998 as follows.

Construction works on the site must only occur between 7.00 am and 6.00 pm Monday to Friday and 7.00 am to 1.00 pm Saturday (not including public holidays).

Deleting the words of the groundwater resource from Condition 53 Southern Rural Water - Potential Impact to Groundwater (i).

By order dated 19 January 2009, the Tribunal directed the grant of a permit in Permit Application No. PLA0010/07 under the Bay Baw Planning Scheme.
By letter dated 6 February 2009 Peter McWhinney, Planning Officer for the Shire of Baw Baw drew the Tribunal's attention to what he suggested was a clerical error within the Tribunal's order, and submitted that the order should be corrected.
Section 119 of the Victorian Civil and Administrative Tribunal Act 1998 provides for the correction of orders where, among other things, there has been a clerical mistake.
I am satisfied that this has occurred here and find it appropriate to authorise a correction of the order.

Fraser v Baw Baw SC [2009] VCAT 259

At a glance

Court

Decision date

Source

Judgment (9 paragraphs)

Fraser v Baw Baw SC [2009] VCAT 259 (23 February 2009)

Parties