1. Leave granted to amend the application by substituting plans prepared by Stephen Leah, Revision C (VCAT Revision) and dated 18 March 2009.
2. With respect to permit application T08110, the Responsible Authority's decision to refuse to grant a permit is affirmed.

The Responsible Authority is ordered that no permit be issued pursuant to Section 85(1)(a) of the Planning and Environment Act 1987.

1. This is an application to review the refusal of Cardinia Shire Council ('the Council') to grant a permit to use and develop land at 2315 Ballarto Road, Cardinia, as a place of worship.
2. The grounds of refusal of the application were:
   1. The proposed development would have an adverse impact on the rural character and appearance of the area;
   2. The proposed development is not compatible with adjoining land uses.
   3. The proposed development does not meet the purpose of the Green Wedge
   4. The proposal is an intrusion of an urban based use in an agricultural area.

1. The Tribunal records formal leave granted to amend the application by substituting amended plans. These plans have been circulated in accordance with the Tribunal's practice note, prepared by Stephen Leah, Revision C (VCAT Revision) and dated 18 March 2009.
2. Ms. Hamill of Melbourne Water was present to ensure that the Tribunal has received Melbourne Water's latest advice on flood levels.
3. At the hearing, parties spoke to written submissions.
4. Decision was reserved. The Tribunal indicated that it would inspect the site being doing so.

1. The site is located on the north side of Ballarto road, Cardinia, approximately 3.1 km south of the urban growth boundary. It is approximately 650 metres west of the small township of Cardinia.
2. The land is irregular in shape with a frontage of approximately 75 metres to Ballarto Road, a depth of approximately 560 metres, and an area of 7.819 hectares. It is flat with a dam located approximately 20 metes north of the existing dwelling. It is understood that the dwelling is the residence of the pastor of the church, permit and review applicant.
3. The character of the area is rural, with dwellings attached to rural lots or smaller lots. The township of Cardinia is a small settlement, according to Council, comprising of 37 low density residential lots, a school, a church and the local football ground. It is visually a small settlement when viewed from Ballarto Road.

1. The proposal is to use and develop the land for a place of worship.
2. Proposed building is the construction of a church hall building with annexes on the sides of the building with a mezzanine at the eastern end of the hall building. The total floor area of the building is 1365 sq m with the main hall at 857 sq m.
3. The annexes on the sides are used for a children's church, kitchen, a separate chapel, stores, amenity rooms, a shop and an administrative/pastor/ counselling area.
4. The main hall area has a height of 7.4 metres. The annexes are lower at around 3.5 metres. The building has a footprint of 52 metres in length and a width of 34 metres.
5. The building is proposed to be located 246.7 metres from Ballarto Road frontage.
6. Car parking is by means of a car park at the rear between the hall building and the rear boundary and along the west side of this car park and .building. A total of 257 car spaces are provided. Vehicular access is from the existing crossover from Ballarto Road but widened. The driveway is curvilinear in alignment leading to a circular area in front of the building.
7. Part of the land is to be used as market gardening for the congregation.
8. The proposed place of worship is for the Victory Worship Congregation ("VWC"). This congregation was established by a group of Samoan families in 2001. It currently has a membership of 350. Membership to the congregation is not limited to Samoans. During discussion of without prejudice conditions, Ms. Hansen expected the congregation to grow to 500 persons. Most of the members reside in the outer eastern Melbourne suburbs of Cranbourne, Narre Warren, Dandenong and Pakenham/Cardinia.
9. Ms. Hansen advised that the congregation has been conducting its services from leased premises and is currently at the P12 College at Ormond Road, Narre Warren South, or the Balla Balla Community Centre. These are not permanent arrangements and they are buildings not purpose built for the needs of VWC. The church services of VWC involve singing, dancing, prayers and sermons. A typical week of activities are:
   • Main services -
     • Sunday church service - 9:30am to 12pm, average attendance 300
     • Sunday church service - 5:30pm to 8:00pm; average attendance 300.
   • Children's church: average attendance 90 average.

• Other meetings -
  • Monday: 6:30pm to 8:30on: leadership meeting, average attendance 30
  • Tuesday: Family night (no attendance at place of workshop)
  • Wednesday: (every second Wednesday at home): cell groups or home groups, no attendance at place of worship.
  • Thursday: 6:30pm to 8:30pm: band practice: average attendance 10
  • Friday - 7:00pm to 9:00pm: Youth night: average 60 attendance
• Saturday- 6:00pm - 8:30pm: Prayer group and choir practice average attendance 15 for prayer and 30 for choir.
• Church office opens Tuesday to Friday 9:00am to 4:00pm for administration, counselling and prayer, and staffed by 2 individuals.
• Infrequent festivals and annual events including Good Friday, Easter Sunday, White Sunday, and Christmas. Other events are public speaking events, weddings and funerals. These events on average attract up to 350 people.

1. The review site is in the Green Wedge Zone (GWZ1) of the Cardinia Planning Scheme ("the Scheme") under which the proposed use and development require a permit.
2. The land is affected by a Land Subject to Inundation Overlay, under which a permit is required for buildings and works.
3. The land is also affected by Clause 52.05 (advertising signage), 52.06 (car parking), and 52.29 (land adjacent to a road zone category 1).
4. Other relevant policies are Clauses 12.2-2 (Green Wedges), 51.02 (Floodplain management), 17.05 (Agriculture), 18.02 (Car parking and public transport access and development), 19.03 (Design and built form), 21.06-2 (Agriculture), 21.08-2 (Township), 21.09-1 (Environment), 21.09-3 (Landscape), and 65.
5. The application has been referred to VicRoads and Melbourne Waters, who did not object subject to conditions.

1. In reaching its decision not to support the proposal, the Tribunal has considered the submissions of the parties, the provisions of the Scheme, and its inspection of the site and area.
2. The main issue of this review relate to the proposed land use of place of worship. Others are design of the building, the traffic and parking, and amenity impacts.

1. The zoning of the land in the Green Wedge Zone and policies in the state and local planning policy frameworks point to a rural land use and character for the land. It is a rural zone.
2. Having considered the provisions of the zone and related policies, the Tribunal agrees with Council that the type and of the proposed use is not about agricultural production or rural pursuit but an urban use that is not compatible with a rural green wedge area. It does not meet the objectives and decision guidelines for use in the Green Wedge zone.
3. The purpose of Green Wedge zone are:
   • To recognise, protect and conserve green wedge land for its agricultural, environmental, historic, landscape, recreational and tourism opportunities, and mineral stone resources.
   • To encourage use and development that is consistent with sustainable land management practices.
   • To encourage sustainable farming activities and provide opportunity for a variety of productive agricultural uses.
   • To protect, conserve and enhance the cultural heritage significance and the character of open rural ands scenic non-urban landscapes.
   • To protect and enhance the biodiversity of the area.

1. In deciding on an application in this zone, the responsible authority must consider as relevant:

• The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.
• Any Regional Catchment Strategy and associated plan applying to the land.
• The capability of the land to accommodate the proposed use or development.
• How the use or development relates to rural land use, rural diversification, natural resource management, natural or cultural heritage management, recreation or tourism.
• Whether the site is suitable for the use or development and the compatibility of the proposal with adjoining land uses.
• Whether the use or development is essential to the health, safety of well being of the State or area but is not appropriate to locate in an urban area because of the effect it may have on existing or proposed urban areas or the effect that existing or proposed urban areas may have on the proposed use or development.
• The need to minimise adverse impacts on the character and appearance of the area or features of architecture, scientific or cultural heritage significance, or of natural scenic beauty.

• The maintenance of agricultural production and the impact on the rural economy.
• The environmental capacity of the site to sustain the rural enterprise.
• The need to prepare an integrated land management plan.
• The impact on the existing and proposed rural infrastructure.
• The potential for the future expansion of the use or development and the impact of this on adjoining and nearby agriculture and other land uses.
• The protection and retention of land for future sustainable agricultural activities.

• The impact of the use or development on the flora and fauna on the site and its surrounds.
• The need to protect and enhance the biodiversity of the area, including the retention of vegetation and fauna habitat and the need to revegetate land including riparian buffers along waterways, gullies, ridgelines, property boundaries and saline discharge and recharge area.
• How the use or development relates to sustainable land management and the need to prepare an integrated land management plans.
• The location of on site effluent disposal areas to minimise impact of nutrient loads on waterways and native vegetation.

• The need to minimise any adverse impacts of siting, design, height, bulk and colours and materials to be used, on landscape features, major roads and vistas.
• The location and design of existing and proposed infrastructure services which minimises the visual impact on the landscape.
• The need to minimise adverse impacts on the character and appearance of the area or features of archaeological, historic or scientific significance or of natural scenic beauty of importance.

1. Further, Clause 12.02 seeks to better manage metropolitan growth by locating metropolitan growth close to transport corridors and services, and providing efficient and effective infrastructure to create benefit for sustainability while protecting primary production, major sources of raw materials and valued environmental areas.
2. In terms of the MSS, figure 4 (General pattern of land capability for agriculture) of Clause 21.06-2 (Agriculture) identified the site to be in a 'good' quality area, out of the categories varying from 'High quality' to 'good', 'fair' and 'poor'.
3. Council's issue with the proposal is that it is not a rural use but an urban one, that the extent of activities generated with the associated noise and disturbance are such that it should be located in an urban area.
4. It advised that the site has been the subject of on-going complaints relating to functions and activities allegedly associated with the church. These functions allegedly consisted of chanting, singing, music, and bon fires. Further, Council was not convinced that members of the congregation will enter and exit the facility in a quiet and orderly manner, especially late at night when such functions and events involving up to 350 people.
5. It submitted that the level of activities generated and the current noise and disturbance caused will magnify with the approval of the proposal, destroying the long established rural nature that defines the Cardinia Township. It notes that the Cardinia Township has been designated as a small rural township in the Scheme. It also submitted that the use of the place of worship will be full time, with strong likelihood that events will be carried out late at night with loud music prevalent. Council considers such a level of disturbance uncharacteristic of the existing Cardinia Township, and that it should be located in an urban area.
6. It further contended that the proposal is not responsive to the low scale and low key character of Cardinia Township. Instead, it considers the proposed building overbearing, and a development that will reduce agricultural production from the site. It cited the Westernport green wedge area as characterised by fertile soil and agricultural activity. The proposal, to council, is contrary to this. Instead, it has the potential to disrupt surrounding property owners, limiting their potential to use their land for agriculture. It was not convinced that the proposed market gardening activity proposed for the land as a genuine agricultural or rural pursuit.
7. On the other hand, Ms. Hansen noted that a place of worship is a section 2 use in the Green Wedge Zone, which to her is a highlight that such a use in anticipated. Notwithstanding that the zone promotes agricultural uses, she contended that the area is not an agricultural area but a rural living area, that the land is not an economically viable agricultural concern due to its limited size of the land (7.819 hectares only), and that consolidation of the site with another agricultural land as unlikely. She also contended that area should does not fit the description of a green wedge zone, and that surrounding land is not currently used for agricultural pursuit per se. To her, the use of the site for a place of worship is not at the expense of agricultural production. She pointed out that part of the proposal is to establish a market garden on the land to benefit VWC congregation and the wider community, conceding that this activity is not the main land use of the land.
8. She submitted that the VWC does not wish to conduct its services from a business/industrial area but from the site which it already owns. It was her view that the proposed use and development would in fact add to the community facility of the Cardinia Township. To her, the proposal reaps net community benefit by serving a need of a particular section of the community in the municipalities of Cardinia and Casey where most of the families of the congregation come from.
9. In terms of interface with adjoining property owners, she submitted that the proposed building provides ample separation from the title boundaries of adjoining land, particularly with the residents of 2305 Ballarto Road by a distance of 135.65 metres. The car parking area is located at the rear of the church hall building. She submitted that activities are restricted to specified time frames: the well known events of festivals and annual events such as Good Friday, Easter and Christmas that attract up to 350 people; and other significant events on infrequent basis such as weddings and funerals usually once o twice a year and on average, attract around 350 people.
10. The Tribunal's inspection of the site and area confirmed the existing conditions of the site described by the parties. It further observes that the area is not devoid of agricultural production. Apart from the small rural residential allotments which are rural living, the larger lots are used for agricultural purposes. For example, land at 2285and 2245 are used for cattle grazing. The holding opposite the site on the south side of Ballarto Road is used for cattle grazing and some form of cropping involving furrows. Other agricultural pursuits in the area along Ballarto road are horse properties, for the raising of hay, and market gardening near Clyde.
11. The Scheme considered the quality of soil of the area as 'good'. The Tribunal considers it as on the higher of the ranking of soil qualities, out of 'high quality'. 'good', 'fair' and 'poor'. Given the objectives for agriculture in the state and local planning policy frameworks and the purpose of the zone, one should not dismiss the contribution of 'good' quality land for agriculture because it is not 'high quality', If only 'high quality' land is kept for agriculture, there would indeed be not much left for agricultural production in Victoria, or 'high quality' land may have to be used for less demanding agricultural pursuits such as grazing or dry land or cereal cropping.
12. There is the usual argument that one parcel of land is not an economically viable farm to justify a change of land use in rural areas. They seldom are. A farm is invariably comprised of a number of parcels of land, some under the ownership of the farm, some not. That an individual rural lot not capable of sustaining a farm income for a family is not a reason to believe that the land cannot contribute to agricultural production.
13. Further, the Tribunal agrees with Council that the proposed use and development: due to the types of activities, intensity, the number of persons involved, and duration, are akin to an urban use. The size of the present congregation is 350, and expected to grow to 500 in two to three years time, is a relative large number of people for a small township like Cardinia which apparently has 37 lots. The Tribunal also notes that the site is not in the township itself but outside it.
14. The Tribunal, thus, considers the use at the level proposed not low scale nor discreet in a rural area. The combination of regular church services, after hours functions and activities, the annual and special events that involve quite a large number of the congregation going into evening with exuberant ways of celebrating events, involving up to 500 persons in the near future, cannot be described as low scale, discreet, or fitting the ambience of the rural environment of the locality.
15. The Tribunal understands the congregation's preference to locate on the subject site than in an urban area. A rural setting provides a nice setting for the church. The cost for a rural lot is probably lower than urban land. Considering the size of the building required for the congregation and the necessary car parking area associated, there is an argument that it may be difficult to procure a site of such a size in an urban area.
16. The heart of the matter is whether the proposal is consistent with the zone and relevant policies. The Tribunal thinks not. In weighing up whether the 'net' community benefit of the proposal which in this case is meeting the particular religious needs of a particular group in the community, the Tribunal is asked to set aside the zoning and policies for the land. This it cannot do. It therefore does not support the proposal.

1. Since the Tribunal does not support the proposal, it will only comment briefly on the other issues of the proposal.
2. With regard to the design of the building, the size and height of the building is relatively large in the local landscape. Its length of approximately 52 metres 33.65 metres wide (articulated), a height of 7.8 metres (walls) is an imposing building in the local context. However, this building is well setback at the rear of the site that its visibility from Ballarto Road will be either screened or low. The visibility of the building will be high from adjoining properties and Melbourne Water's channel that runs towards the rear of the land.
3. With regard to car parking, the number of car spaces provided is 257. This is adequate. Besides, there is room on the land to provide more if needed.
4. Council raised the issue of the size of the signs on the building, one of which is suspected to be prohibited. This is not a major issue and can be resolved by permit condition if one is issued.
5. Respondent objectors' concern about the proposal were incidents when the land was thought to be used as proposed place of assembly, and the disturbance associated with the proposed use in a rural area. As the respondents were not at the hearing to verify these alleged incidents, the Tribunal is not in a position to accept these incidents as proof of adverse impact of the proposed use on neighbours.

1. The Tribunal concludes that the proposed use and development not compatible and not consistent with the zoning of the land and the objectives for green wedge land.

For the above reasons, the decision of the Responsible Authority to refuse to grant a permit is affirmed. It is ordered that no permit be issued.