Result

defendant. Application for Review refused; no planning permit granted.

Key principles

• The Tribunal refused the application for review and the planning permit because the proposal for a self-service diesel service station was fatally flawed due to cumulative...
• The proposal failed to satisfy Clause 52.12 of the Planning Scheme, which requires that a service station not impair traffic flow or road safety and that any variation of...
• The site area of 594 sqm was substantially below the preferred minimum of 1080 sqm under Clause 52.12, contributing to multiple design and safety deficiencies.
• The proposed business identification signage was unreasonably visually dominant for a Category 3 sensitive area under Clause 52.05, featuring bold primary colours and large...

Issues before the court

• Whether the proposal for a self-service diesel service station complied with Clause 52.12 of the East Gippsland Planning Scheme, particularly...
• Whether the proposed business identification signage complied with Clause 52.05 of the Planning Scheme, given the Category 3 sensitivity of the area.