Rutherglen servo VCAT hearing adjourned

A VICTORIAN Civil and Administrative Tribunal (VCAT) hearing about the proposed 24/7 service station and truck wash in Rutherglen has been adjourned for five months. The hearing from 17 to 21 March had followed a compulsory conference held on 16 January with solicitors representing Indigo Shire Council, the developer/applicant and Friends of Lake Moodemere – an incorporated group set up to fight the proposal. At the meeting there was no request for an adjournment by any of the three parties. Developers last year took the application for a planning permit for the proposed development out of council’s hands taking it to the VCAT. The application for a planning permit had been submitted by Outlook Property Services P/L on behalf of BE Judd P/L and TFB Wine Investment P/L. At last week’s monthly council meeting councillors made a unanimous decision asking council not to support the proposed development following lengthy discussion citing their concerns. At last week’s meeting director of planning and corporate services, Greg Pinkerton said among a number of issues the proposed development had not adequately considered the flood and environmental risk to the site. Cr Dianne Shepheard outlined other issues raised by the Planning Department covering suitability in the farming zone and environmental issues. They also included surrounding wineries, impacts on water quality in Lake Moodemere and flow on impacts to irrigation water, flooding and overland flows, and amenity for the local residents. Cr Roberta Horne also raised her concerns with road safety. She said the Department of Transport responsible for the roads should ensure road safety is the developer’s responsibility if the application is successful. Cr Horne said an approved safety audit needed to be undertaken to the satisfaction of Indigo Shire Council. “This facility would require the construction of a roundabout at the intersection to effectively control the traffic,” she said. Friends of Lake Moodemere member Belinda Chambers said the move for the adjournment had been made by the applicant/developer the following day after Council’s 25 February meeting. A practice day hearing was held on 27 February between the three parties’ solicitors. Council did not oppose the adjournment while Friends of Lake Moodemere did. VCAT granted the adjournment. Indigo Shire Council CEO Trevor Ierino said in late 2024 council management expressed concerns about the timing of the compulsory conference being prior to the February 2025 council meeting, and the main case being held very soon after. “Council therefore suggested to the applicant that the case should be adjourned to a later date to allow Council’s lawyer to receive instruction at the February meeting and prepare for the main VCAT hearing,” he said. “This request was initially not supported, however when the applicant recently requested an adjournment it was appropriate for council to agree to this change. “This rescheduling assists with council's preparation for the case.” Friends of Lake Moodemere member Robyn Pfeiffer said their documentation had been prepared in the time given to all parties. “Councillors voted unanimously to accept the motion that Indigo Shire Council should not approve this development,” she said. “It’s already a very dangerous intersection with deaths and it's just going to get worse if it goes ahead.” A successful fundraising night held last Saturday evening by Friends of Lake Moodemere drawing around 100 people raised $25,000 to help cover legal costs.

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