Developer beats council

By Kelly Yates
A CONVENIENCE restaurant, licensed restaurant and a car wash are set to be developed along Clyde Road in Berwick despite Casey council refusing a planning permit back in December 2008.
The Victorian Civil and Administrative Tribunal (VCAT) resolved to set aside Casey Council’s decision and a permit was ordered to be issued on 30 November 2009.
The applicant’s appeal to VCAT was heard on 11 and 12 June last year.
The proposed development sparked fears among local residents of an increase in traffic, noise and vandalism, and the devaluing of surrounding properties.
One of VCAT’s reasons for its decision was that the amended plans were substituted for the application plans.
The proposed licensed restaurant was replaced with a second convenience restaurant, resulting in the reduction of overall seating provided.
The applicant also reduced the number of car spaces on site from 97 to 76.
While VCAT acknowledged that the development plan that previously existed over the land identified residential development, the site had previously been used as a restaurant and reception centre, a non-residential purpose.
A 2.4 metre high acoustic fence along the entire western and northern boundary of the site will assist in minimising noise levels.
According to Casey Council, VCAT was of the view thatan assessment, after six monthsof commencement about the operation of the site should be undertaken by the applicant to ensure compliance with the relevant requirements, although no permit condition was imposed to require this.