Victorian Civil and Administrative Tribunal|2012-05-14

For the reasons set out above, the Tribunal has made orders that a permit should issue, subject to the conditions annexed to this decision.
To the extent that the objectors raised any other issues/concerns beyond the various issues we have expressly dealt with above, we regard these other issues/concerns as either misguided, factually incorrect or so peripheral as to not require specific discussion. Whilst we understand at a personal level that the objectors hold strong views about the operation of the Terminals facility, it seems to us that many of the concerns which they put forward are broader environmental or operational issues going well beyond the scope of this particular proposal and which would need to be ventilated in a quite different forum on another day.

Prior to the commencement of the development, three (3) copies of amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans submitted with the application submitted with the application (dated as received by the Responsible Authority on 4 April 2011) but modified to show:

All buildings and works as shown on the endorsed plans must be completed prior to the occupation of the building works, unless otherwise approved in writing by the Responsible Authority.

The development as shown on the endorsed plan(s) must not be altered without the written consent of the Responsible Authority.

The site shall be drained to the satisfaction of the Responsible Authority and no stormwater, sullage, sewerage or polluted drainage shall drain or discharge from the land to adjoining properties.

Prior to commencing any alteration to the main site access to Wharf Road, detailed design plans for any modifications to the existing connection to Wharf Road must be approved in writing by VicRoads.

This permit will expire if one of the following circumstances applies:
- (a) The development of the building(s) hereby approved has not commenced within two (2) years of the date of this permit.
- (b) The development of the building (s) hereby approved is not completed within four years of the date of this permit.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards.

Other occupational health and safety or dangerous goods legislation, regulations or standards may apply to the development approved by this permit.

Terminals Pty Ltd v Greater Geelong CC (Correction) [2011] VCAT 2360 (14 May 2012)

The purposes of the SUZ6 includes "...to provide for the development of the Geelong Port as the key area of the State for the interchange, storage and distribution of goods and to provide for uses which derive direct benefit from co-establishing with a port".
In the previous Tribunal decision of Terminals Pty Ltd v City of Greater Geelong (interim Red Dot decision) [2005] VCAT 778 the Tribunal made certain findings relating to "existing use rights". These findings included that the Area B section of the review site (which area the four proposed bitumen storage tanks would fall within) has existing use rights to be used for the purpose of a chemical storage facility.
Certain planning permits have been granted at the direction of previous Tribunal proceedings and orders, including Terminals Pty Ltd v Greater Geelong CC [2006] VCAT 2658 which directed that a permit issue for four bitumen storage tanks. These four approved bitumen storage tanks have in practice been built. The footnote at the bottom of page 1 and also paragraph 24 of the Applicant's written submission to us provide a good summary of other relevant previous Tribunal approvals (also see page 6 of Mr Govenlock's planning report).

Terminals Pty Ltd v Greater Geelong CC

At a glance

Court

Decision date

Source

Judgment (9 paragraphs)

Parties

Cases Cited (2)

Terminals Pty Ltd v Greater Geelong CC (Correction) [2011] VCAT 2360 (14 May 2012)