(a) cease using the Land for the purposes of a Store; and

(b) remove all materials (other than imported fill, sand, soil, rocks and the like), machinery, vehicles and buildings associated with the use of the Land for the purposes of a Store,

to the satisfaction of the Rural City of Wangaratta Council acting in its capacity as responsible authority under the Scheme.

1. By no later than 31 March 2026 the Owner/Occupier, Glenn Murray, must remediate the Land by removing any imported material, fill, sand, soil, rocks and the like from the Land and restoring the Land to its condition prior to the development and works undertaken by the Owner/Occupier, to the satisfaction of the Rural City of Wangaratta Council acting in its capacity as responsible authority under the Scheme.

Crown Allotment 295B & Crown Allotment 295D, Parish of Carraragarmungee, Depot Road

Use and development of the land at Crown Allotment 295B & Crown Allotment 295D, Parish of Carraragarmungee, Bowser VIC 3678 ('Land') for the purposes of a Store in breach of the Wangaratta Planning Scheme ('Scheme').

1. Within two days of receipt of this order, the Occupier, Glenn Murray, must cease accepting new/additional items for storage on the Land.
2. By no later than 31 December 2025 the Occupier, Glenn Murray, must:

(a) cease using the Land for the purposes of a Store; and

(b) remove all materials (other than imported fill, sand, soil, rocks and the like), machinery, vehicles and buildings associated with the use of the Land for the purposes of a Store,

to the satisfaction of the Rural City of Wangaratta Council acting in its capacity as responsible authority under the Scheme and Parks Victoria.

1. By no later than 31 March 2026 the Occupier, Glenn Murray, must remediate the Land by removing any imported material, fill, sand, soil, rocks and the like from the Land and restoring the Land to its condition prior to the development and works undertaken by the Occupier, to the satisfaction of the Rural City of Wangaratta Council acting in its capacity as responsible authority under the Scheme and Parks Victoria.

[1] All appearances were via an online platform.

[2] The submissions of the parties, any supporting exhibits given at the hearing, and the statements of grounds filed; have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.

[3] According to Crown Folio Statement Volume 11724 Folio 480.

[5] Submissions of the Council dated June 2025, Attachment H.

[6] Extract from internet search for search term 'murray bulk transport'.

[7] Source: the council's written submissions, page 17.

[8] Which was scheduled as an online hearing.

[9] Clause 73.04-15 'Warehouse group' of the Scheme.

[10] Clause 73.04-13 'Transport terminal group' of the Scheme.

[11] Clause 73.04-5 'Industry group' of the Scheme.

[12] For a full list, see paragraph 40 of the council's written submissions dated June 2025.

[13] Submissions of the Council dated June 2025, page 116 (PDF page).

[14] Submissions of the Council dated June 2025, page 21.

[16] Email exchange between Parks Victoria and respondent dated 4 February 2025 and 6 February 2025.

[17] Submission from Parks Victoria under letter to the Tribunal dated 13 June 2025, page 2.

[20] Having regard to the meaning of the terms 'development' and 'works' in section 3(1) of the Act.

[21] Submissions of the Council dated June 2025, Attachment I.

[22] Submissions of the Council dated June 2025, [6].

[23] Submissions of the Council dated June 2025, Attachment I.

[24] Submissions of the Council dated June 2025, [7].

[25] Submissions of the Council dated June 2025, Attachment I.

[26] Submissions of the Council dated June 2025, [8].

[27] Planning scheme mapping online, maps 12, 13 and 25.

[28] Having regard to the purposes of the RLZ2 in clause 35.03 of the Scheme.

[29] Statement of grounds of Tracy Griffiths dated 10 February 2025.