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Related: Hopley agrees to stop
HOPLEY Recycling is unlikely to clear industrial waste from the old tip site in White Hills before June 1, despite being given 15 months to get the job done.
The company has instead applied for more time with the Victorian Civil and Administrative Tribunal to remove all material from the Crown Land between Powell and Heywood streets.
VCAT gave the company until June 1 to remove the material after the City of Greater Bendigo launched a legal challenge at the end of 2013.
Hundreds of tonnes of recycled waste remain on the site.
The time limit has been extended until VCAT can hear Hopley Recycling's application for an extension of time.
City of Greater Bendigo director planning and development Prue Mansfield said council would consider its options when a hearing date was announced.
"Clearly it's a disappointing outcome, all of the material was meant to be cleared by now," she said.
"Quite a lot has been moved, but there is still a lot left there."
Hopley Recycling moved to the site next to the old tip in White Hills in 2008 after it received complaints about its site in Eaglehawk, which violated zoning guidelines.
After moving to White Hills, the storage of the recycled material began to encroach on the neighbouring Crown Land.
The company then established its own road on the tip site and set up a functioning storage area.
The City of Greater Bendigo ordered Hopley Recycling to clear the site in July 2013, after a report determined the "level of unknowns" at the site created an unacceptable risk while a planning permit was considered.
The council had engaged the company for a year to help find a solution before the order to vacate was given.
Ms Mansfield said council had followed all of the necessary avenues to resolve the issue.
"He's on land that we lease, we have given him a timeframe to vacate the land," she said.
"He now wants that timeline extended.
"VCAT will make a direction on the matter, and until that direction is made, he will continue to be on the site."
The rehabilitated tip would require a comprehensive assessment before it could be deemed suitable to be leased to a company.
The Bendigo Advertiser contacted company director Ken Hopley, but he chose not to comment on the issue.
His lawyer was also unavailable to comment on the latest VCAT hearing.