Unauthorised use of the subject land for Store contrary to clause 35.07-1 of the Moorabool Planning Scheme.

1. By 16 October 2013 the owner and occupier must remove all goods (including rubbish, liquid containers and pallets), motor vehicle parts (including trailers) and machinery/equipment to the satisfaction of the responsible authority.
2. The responsible authority must serve a copy of this order on the owner and occupier of the land pursuant to section 140 of the Victorian Civil and Administrative Tribunal Act 1998.

1. The subject land is included in the Farming Zone. The responsible authority sought an enforcement order pertaining to the storage of vehicle parts including ute/truck bodies, trailers and the like as well as various liquid containers and pallets and other debris/disused materials.
2. Mr Edwards gave sworn evidence which included details of his inspection of the subject land the day before the hearing. I was advised that there has been no change to the condition of the land since the application was lodged. Mr Edwards also confirmed that the land is not being used for any other purpose aside from the storage of these materials in the 'open air'.
3. I accept from the photographs that it does not appear that the land is being used for any legitimate or active farming purpose to which the storage of the vehicles, goods and equipment could be directly related to.
4. I am satisfied that the ongoing storage of these goods on the land amounts to its use for a Store, which is not authorised under the planning scheme. Further, I consider it desirable for these goods to be removed from the land since they are inappropriate and somewhat unsightly. Their retention may also have the potential to encourage other sites to be used in a similar way.
5. I was advised that the items to be removed could be accessed and their removal would not be likely to be impeded by current site conditions (such as inundation). Given the scale and extent of the goods being stored, I find it reasonable for them to be removed from the land within a month and not returned. In addition, the land must continue to be used only in a way that is permitted under the Moorabool Planning Scheme.

[1] It seems that notice of the application was properly served by the council on the property owner/occupier and that notice of the hearing was given properly also. No statement of grounds was received and no attendance was made.