A PLANNING tribunal hearing on the proposed Baringhup broiler farm will proceed after VCAT dismissed concerns about two new houses recently placed close to the farm’s boundary.
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Objectors had attempted to stop the hearing going ahead, as the two houses would have automatically put the broiler in violation of planning conditions.
The owners of dwellings within 686 metres of a chicken farm have the power to veto the proposal.
But VCAT senior member Russell Byard found the two houses would unlikely have been placed in the particular location without a proposed broiler farm nearby.
“If a person could thwart a broiler farm application by proposing to erect a dwelling in the most unlikely location this would be contrary to the intent of the code,” he said.
“The legislation does not explicitly provide for a veto of the sort argued for.”
In the ruling, Mr Byard said VCAT had received “very short notice” of the matters regarding the two houses.
“The tribunal members and the other parties, were called upon to deal with an allegedly transformed case on little or no notice,” he said.
“At the time the permit applications were made there were no houses or dwellings, or other sensitive uses, within the relevant separation distances from the proposed new broiler farms.”
The broiler farm application, first made by Pavilion Partners in 2013, had received strong opposition from surrounding communities, including 900 objections.
Central Goldfields Shire were among the objectors in VCAT, after initially rejecting the proposal for the 1200 acre farm, planned to house six to seven million chickens per year.
The hearing was intended to last for 10 days in March, but was adjourned after VCAT was made aware of the two houses.
The hearing will now begin on October 12.
