VCAT battle won but Seabrook BP war not over

Seabrook residents have won a battle against a developer’s bid to build four fast-food outlets at a BP service station backing on to their homes – but their war is far from over.

The Victorian Civil and Administrative Tribunal last week upheld Hobsons Bay council’s refusal to grant a permit to Jasbe Petroleum for four restaurants at 144E Point Cook Road.

But VCAT member Tracey Bilston-McGillen said there was no doubt the site would be developed in future.

Twenty-five people objected at VCAT, citing concerns about issues including loss of amenity, overshadowing, noise, odour, light spill, antisocial behaviour, parking and traffic.

Ms Bilston-McGillen shared residents’ concerns about a 47-metre long wall, up to 6.5 metres high and just 2.5metres from backyard fences.

She said there were issues regarding noise, traffic management, garbage collection and visual impact.

“It is a complex site to develop due to the location of the adjoining residential properties,” she said.

The developer had proposed four restaurants operating from 7am to 11pm, seven days a week, with traffic reports estimating they would draw two cars a minute during peak times.

Resident Brian Morrison said residents were over the moon about the VCAT decision, but there were ongoing issues with the current BP service station, such as hoon activity and non-compliance with a council order not to receive deliveries between 9pm and 7am.

“There’s a continuation of hoons clogging up the service station at night and general noise,” he said. “I’m ringing police about three nights a week.”

Mr Morrison said he would “fight tooth and nail” against any future development on the site.

Jasbe operations manager Ralph Lattenstein said there were no immediate plans to lodge a new permit application and the company wanted to work with residents to resolve existing issues.

“We’ve got this issue with hoons congregating at the site,” he said.

“What we’re going to do is put legal parking signs on the property for 15 minutes maximum parking and that then gives the police power to act. If young hoons are congregating, they can move them on or fine them because they’ve outstayed their welcome.”

Mr Lattenstein denied the service station was receiving deliveries outside the times set by the council but agreed there was a lot of truck noise coming from the premises.

“Certainly, I wouldn’t be happy either if I was living locally and could hear all those acoustic sounds coming through,” he said.