PROCEEDINGS against a Brooklyn recycling business will go back to the Victorian Civil and Administrative Tribunal this week, with Brimbank Council thwarted in its bid to shut down the site because of an incomplete planning permit.
The council took out an enforcement order against AAA 24/7 Bins for Hire, claiming its use of land at 69 Bunting Road for ‘materials recycling’ contravened planning permit regulations.
But a VCAT tribunal this month dismissed the order when it found the council’s application did not clearly define the correct address of the business or establish if it was operating under a valid permit.
VCAT heard AAA Bins had been operating from the site since 2006 under a planning permit issued in 2004 and had first come to the council’s attention in May last year.
VCAT member Russell Byard said it was difficult to determine which of a number of businesses operating from the same address was involved.
“The enforcement order application nominates the land concerned simply as 69 Bunting Road, Brooklyn. Unfortunately, this has proved to be a vague and unspecific address and that’s given rise to complications in this case,” he said.
“I am also in doubt as to whether planning permission exists allowing the use of the AAA Bins land for materials recycling.”
Council’s acting general manager of city development Kristen Gilbert said the work site was not sealed, did not include proper drainage, and the operator required licences from the EPA to collect industrial waste.
“This matter had previously been heard before the tribunal and has been under investigation by the council and EPA for a number of years,” she said.
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