VCAT decision protects alpine approach
Published on 12 April 2024
Council has received support at VCAT with a recent decision upholding action taken to preserve high country character in one of Mansfield’s township gateways and alpine approaches.
VCAT has ordered the removal of unpermitted structures from a commercial laundry at 195 Mt Buller Road, Mansfield. The order requires the laundry’s operators to remove four shipping containers, a sign and other building works that were established without the required planning permits as the business expanded.
Council granted a permit in 2021 for the laundry to operate using an existing building on the site, which included conditions for landscaping at the property boundary facing the road.
The planning controls on the site require that any new structures obtain a planning permit and comply with the requirements of the Mansfield Planning Scheme.
Under the Scheme, new buildings in this area must complement the theme of the township gateways and alpine approaches by creating visual interest. They must have at least one “active frontage” without solid walls or fencing facing the roads, among other specific requirements.
Among other concerns, the shipping containers and building works were not considered to create an active frontage.
In the reasons for its decision, VCAT acknowledged that “the alpine approaches are considered important within Mansfield Shire as areas that provide residents and visitors with a pleasant entry experience to the Shire and contribute to the amenity of the area”.
Council’s application for an enforcement order was only filed after several unsuccessful attempts to engage with the operators and facilitate compliance with the Scheme and the permit.
Mayor Cr Steve Rabie said that Council strives to support growing businesses in the Shire.
“We recognise that this business was expanding and providing more services to our community, and that’s a great thing,” he said.
“The issue in this case was that structures were added without a permit, and they did not respect the township’s character.
“We take compliance with the Mansfield Planning Scheme seriously, especially at the alpine approaches.
“When we became aware of these added structures, we engaged with the operators and sought to help them understand the requirements and comply, and we regret that the matter has ultimately needed a VCAT order.
“Whether you’re a business owner, resident or developer, if you’re considering changes to your property we really encourage you to approach our planning team for support and guidance,” Cr Rabie said.
The commercial laundry can continue to operate following the order, but must do so within its existing, approved building.
Council’s General Manager Infrastructure & Planning, Melissa Crane added that ratepayers’ money had been saved by the decision to present to VCAT with Council’s own planning staff rather than by hiring external lawyers.
“We’ve been steadily building up capacity in our planning team over a few years now, and this is one of the ways it benefits our ratepayers,” she said.
“We’ve also cut down the average time it takes to process a permit application to 42 days in 2023, helping applicants to get on with the improvements they want to make.”