By VANESSA VALENZELA
A BROOKLYN recycling business will remain open after VCAT refused an application by Brimbank City Council to shut down the site.
Brimbank Council discovered the material recycling business at 69 Bunting Rd during an enforcement program for the Brooklyn industrial precinct last year.
Council made an application for an enforcement order against AAA 27/7 Bins for Hire after claims the use of land for ‘materials recycling’ was conducted without a planning permit required under the Brimbank Planning Scheme.
The tribunal dismissed the enforcement order earlier this month after it found the application did not clearly define the correct address of the business.
VCAT member Russell Byard said the industrial site includes four lots on two titles making it difficult to determine whether a planning permit exists for materials recycling.
“The enforcement order application, nominates the land concerned simply as 69 Bunting Rd, Brooklyn. Unfortunately this has proved to be a vague and unspecific address and that has given rise to complications in this case,” Mr Byard said.
A Brimbank Council representative claimed a planning permit for ‘Lot 1’ 69 Bunting Rd issued in 2006 did not relate to AAA Bins but to another materials recycling business located on the site.
Mr Byard said he was unable to make an informed decision as a copy of the planning permit for the site provided during the hearing was unclear and missing information.
VCAT ruled to strike out the proceeding and allow normal operation of AAA Bins on the land until the matter is investigated and clarified.
Mr Byard said Brimbank Council could apply for a new enforcement application at a later date if clear and specific designation of the land could be proven.
