This is a procedural consent order where the Macedon Ranges Shire Council and the landowners (the Keffords) agreed to resolve an enforcement dispute. The Keffords had been using their property at Romsey as a helipad without planning approval, which breached the local planning scheme. Rather than proceed to a contested hearing, the parties agreed that the Keffords would stop using the land as a helipad unless they obtained a planning permit, and would pay $3,000 in costs to the Council. The Tribunal simply recorded this agreement in a formal order.

Macedon Ranges SC v Kefford [2008] VCAT 422 (12 March 2008)

The application for an enforcement order pursuant to section 114 of the Planning and Environment Act 1987 is allowed.
The enforcement order is in the form attached to this order.
By 7 May 2008, the Respondents must pay the costs of the Applicant/Responsible Authority in this proceeding, such costs fixed at $3,000.00.

Use of the land as a helipad contrary to clauses 32.01-1 and 52.15 of the Macedon Ranges Planning Scheme.

The Respondents must forthwith cease to use the land at 121 Tickawarra Road, Romsey as a helipad, and must not use the land for the purpose of a helipad (in that the land must not be used for landing or taking-off of any helicopters) unless or until a planning permit is granted for such use.
The applicant must serve a copy of this order on the owner and occupier of the land, and any other person against whom the order is made, pursuant to section 140 of the Victorian Civil and Administrative Tribunal Act 1998.

Macedon Ranges SC v Kefford [2008] VCAT 422

At a glance

Result

Cited legislation

Plain English Summary

Judgment (5 paragraphs)

Macedon Ranges SC v Kefford [2008] VCAT 422 (12 March 2008)

Parties

AI Analysis