THE City of Greater Bendigo has spent almost $1 million on matters raised with the Victorian Civil and Administrative Tribunal in the past four years.
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Most of the expenses were incurred defending council decisions.
A single governance matter related to the conduct of former councillor Elise Chapman cost the council $140,469.35.
VCAT found Ms Chapman guilty of misconduct in 2017, following a graphic tweet featuring an image of five children with bloodied and mutilated genitals. Ms Chapman sent the tweet while serving on council in 2012.
An appeal against council's decision to grant a planning permit for Bendigo's first mosque cost the city $123,907.48.
VCAT upheld the council's decision. But it wasn't until 2016, after challenges in the Court of Appeal and the High Court, that the plans finally got the go-ahead.
An appeal against a planning permit issued for the Aspire precinct development cost the city $47,888.41.
VCAT last year upheld the city's decision, but amended the planning permit with additional conditions.
Two matters relating to Hopley Recycling cost the city more than $60,000.
The city had a long-running dispute with the company in relation to "processed materials unlawfully stockpiled" on crown land in White Hills.
Hopley Recycling lodged an appeal in 2015 for failure to determine a planning permit in time. The permit related to the temporary use of land for a materials recycling facility.
The appeal was withdrawn, but the matter cost the city $31,431.02.
A second appeal for the use and development of land for a materials recycling facility was withdrawn after the parties came to an agreement. It cost the city $36,050.27.
Planning matters account for the bulk of the $930,602.52 the city has incurred from VCAT representations since 2015.
An application by the Shamrock Hotel in relation to including an additional 20 gaming machines, bringing the total number to 65, cost the city $23,322.84.
The city opposed the application.
The city does not generally seek to attend VCAT, strategy and growth director Bernie O'Sullivan said.
"The choice to appeal is made by the applicant or an objector and not the city," he said.
"It is the nature of local government's decision-making responsibilities that means, at times, people may disagree with the decision that has been made and the city will need to defend council's decision."
A total of 3715 planning decisions were made either by the council or under delegation in the 2015/16, 2016/17 and 2017/18 financial years.
Thirty-five of those decisions were appealed to VCAT.
Six of those appeals were withdrawn, and consent between the parties was reached in five instances.
VCAT upheld the city's decision in nine instances. Seven decisions were overturned.
"On these figures, the city believes it is very successful at making planning decisions and defends those matters that are taken to VCAT as required," Mr O'Sullivan said.
Six of the city's representations to VCAT related to enforcement orders. The responsible authority or any other person can apply for such an order in relation to an alleged breach of a planning scheme.
Mr O'Sulivan said the city made planning decisions in the best interests of the community.
"The majority of planning matters are resolved without needing a council decision," he said.
"Those that do require a council decision and are appealed to VCAT are defended at the city's own cost.
"As VCAT is a no cost jurisdiction and does not usually award costs as part of its ruling, costs incurred can sometimes be high."
Mr O'Sullivan said the city defended its decisions using its own planning resources and legal staff wherever possible.
"Where matters have become costly it is because they are complex and require expert legal advice and expert witnesses," he said.
"Expenditure to defend planning decisions is accommodated within existing planning budgets."
He said the city had an annual budget of $220,000 to accommodate all legal expenses associated with planning matters.
"The costs are largely incurred through appealing complex VCAT matters and fall within budget," Mr O'Sullivan said.
City of Greater Bendigo's summary of representations and expenses incurred at VCAT, 2015 - 2019
1. Enforcement order - Use and development of the land for retail premises, display of business identification and floodlit advertising signs, creation of access to a road in Road Zone Category 1 and reduction in the number of car spaces required.
Total cost: $7,451.05
2. Appeal against refusal to grant a planning permit - Use and development of land for a restricted place of assembly, use and installation of 44 gaming machines, change of liquor licence from a general licence to a full club licence and change to licensed area, alteration of access to a road in a Road Zone Category 1 and reduction in car parking.
Appeal was withdrawn by applicant at VCAT.
Total cost: $7,172.66
3. Appeal against decision to grant a planning permit - Use of land for a place of assembly... construct buildings and works for a place of assembly... partial demolition of existing building and brick retaining wall, demolition of fences and construct new buildings and works in Heritage Overlay... erect signage in a Category 1 - Commercial Area... reduce to zero the provision of car parking... allow the sale and consumption of liquor... alter access to a Road Zone Category 1 (clause 52.29).
Responsible authority's decision to issue a permit was upheld at VCAT and a planning permit was issued.
Total cost: $47,888.41
4. Two appeals lodged - The staged subdivision of the land in accordance with the endorsed plans and subject to conditions.
Appeal under section 36 of the Subdivision Act and Appeal for failure to determine a permit within time.
Consent was reached between parties and a planning permit was issued.
Total cost: $23,600.30
5. Appeal against refusal to grant a planning permit - Demolition of existing buildings and construction of a four-storey building comprising eight dwellings.
Responsible authority's decision to refuse a permit was upheld at VCAT and no planning permit was issued.
Total cost: $61,132.31
6. Appeal against refusal to grant a planning permit - Two lot subdivision of land, construction of two dwellings on a lot, partial demolition, extension to existing dwelling, construction of a vehicle crossover and removal of trees.
Total cost: $14,777.93
7. Planning Compliance - Enforcement order
Total cost: $8,018.30
8. Appeal against decision to grant a planning permit - Development and use of a place of assembly, place of worship, minor indoor sports and recreation facility (sports hall) and a caretaker's dwelling; and removal of native vegetation; in accordance with the endorsed plans.
Responsible authority's decision to issue a permit was upheld at VCAT and a planning permit was issued.
Total cost: $123,907.48
9. Planning Compliance - Enforcement order
Total cost: $10,055.06
10. Appeal against decision to grant a planning permit - The staged subdivision of the land into 82 lots and the removal of native vegetation in a general residential zone, vegetation protection overlay.
Responsible authority's decision to issue a permit was upheld at VCAT and a planning permit was issued.
Total cost: $54,298.89
11. Appeal against refusal to grant a planning permit - Use and develop land for group accommodation.
Responsible authority's decision to refuse a permit was overturned at VCAT and a planning permit was issued.
Total cost: $16,646.69
12. Appeal against refusal to issue a planning permit - Demolition of the existing single-storey dwelling and front fence and the construction of a multi-level, contemporary-style dwelling and associated works
Responsible authority's decision to refuse a permit was upheld at VCAT and no planning permit was issued.
- Cost of legal representation: $14,609.10
- Cost of expert witness - Heritage Architect: $5,835.00
Total cost: $20,444.10
13. Appeal for failure to determine a planning permit within time - Temporary use of land for materials recycling facility.
Appeal was withdrawn by applicant at VCAT.
Total cost: $31,431.02
14. Appeal against conditions on a planning permit - Use and development of land for materials recycling facility.
Consent was reached between parties and appeal was withdrawn at VCAT.
Total cost: $36,050.27
15. Enforcement order - Use of land for plant nursery, development for trade supplies and restricted retail premises, display of business identification signs and one sky sign, removal of native vegetation, creation of access to a Road in a Road Zone Category 1 and reduction of on-site bicycle facilities.
Appeal was withdrawn by applicant at VCAT
Total cost: $12,033.45
16. Enforcement order - Use and develop land for trade supplies (Trailing transport equipment), associated earthworks, car park and signage, waiver of bicycle parking requirements (amended plans).
Appeal was withdrawn by applicant at VCAT.
Total cost: $6,285.68
17. Enforcement order - Use and develop land for trade supplies (Trailing transport equipment), associated earthworks, car park and signage, waiver of bicycle parking requirements (amended plans).
An enforcement order was issued.
Total cost: $5,328.30
18. Appeal against decision to grant a planning permit - Construct a dwelling, swimming pool and associated outbuildings.
Appeal was withdrawn by applicant at VCAT
Total cost: $4,464.90
19. Appeal against decision to grant a planning permit - Use and development of an aquatic leisure centre, removal of native vegetation and reduction of car parking (Amended plans to allow for altered layout plans, car parking, and loading).
Appeal was withdrawn by applicant at VCAT.
Total cost: $8,614.10
20. Appeal against refusal to grant a planning permit - Staged subdivision of the land into 61 lots, the removal of native vegetation and the removal of a drainage easement in accordance with the endorsed plans.
Consent was reached between parties and appeal was withdrawn at VCAT.
- Cost of legal representation: $10,204.49
- Cost of Expert Witness - Trafficworks: $6,820.00
Total cost: $17,024.49
21. Appeal against decision to grant a planning permit - The subdivision of the land into seven lots and the removal of native vegetation.
Responsible authority's decision to grant a permit was overturned at VCAT and no planning permit was issued.
Total cost: $28,911.25
22. Appeal against decision to grant a planning permit - Use of land for plant nursery, development for trade supplies and restricted retail premises, display of business identification signs and one sky sign, removal of native vegetation, creation of access to a road... and reduction of on-site bicycle facilities.
Responsible authority's decision to issue a permit was upheld at VCAT and a planning permit was issued.
Total cost: $5,118.30
23. Appeal against decision to grant a planning permit - Demolition of outbuildings, removal of tree, construction of four dwellings and four lot subdivision, variation of an easement.
Responsible authority's decision to issue a permit was upheld at VCAT and a planning permit was issued.
Total cost: $925.65
24. Two appeals lodged:
- Subdivision into 34 lots in a general residential zone;
- Removal, destruction or lopping of native vegetation;
- Removal of the drainage easements marked E-1,
- Subdivision of land adjacent to a road in a Road Zone Category 1 and creation or alteration of access to a road in a Road Zone Category 1.
Appeal against refusal to grant a planning permit and a general application for declaration under section 149B.
General application for declaration was withdrawn by applicant. Responsible authority's decision to refuse a permit was overturned at VCAT and a planning permit was issued.
Total cost: $32,364.95
25. Appeal against decision to grant a planning permit:
- Four lot subdivision in the General Residential Zone;
- Variation of drainage easement...
- Variation of restrictive covenant... to permit the construction of a single dwelling on each lot to be created; and
- Subdivision in a Bushfire Management Overlay, in accordance with the endorsed plans
Responsible authority's decision to issue a permit was upheld at VCAT and a planning permit was issued.
Total cost: $38,486.86
26. Appeal against refusal to grant a planning permit - Construction of a garage
Responsible authority's decision to refuse a permit was overturned at VCAT and a planning permit was issued.
Total cost: $11,544.50
27. Two appeals lodged:
- Staged subdivision of land (up to 161 lots) in a general residential zone;
- Construction of dwellings, fences and roads within the land subject to inundation overlay;
- Removal of native vegetation (remnant patches and five scattered trees);
- Removal of easement... and
- Creation of easements.
Appeal against decision to grant a planning permit and appeal against conditions on a planning permit.
Responsible authority's decision to issue a permit was upheld at VCAT and a planning permit was issued.
Total cost: $27,510.95
28. Appeal against conditions on a planning permit - Use land for trade supplies (semi-trailer & shipping container sales); associated buildings and works; advertising signage (including floodlit signage); and alteration of access to road in a road zone 1.
Consent was reached between parties and a planning permit was issued.
Total cost: $4,353.25
29. Appeal against refusal to grant a planning permit and development plan - The subdivision of land, the removal of native vegetation and removal of drainage easement in accordance with the endorsed plans.
Consent was reached between parties and a development plan and planning permit was issued.
Total cost: $24,354.00
30. Appeal against refusal to grant a planning permit - Demolition, construction of a building and construction or carrying out works, including a fence, in a heritage overlay.
Responsible authority's decision to refuse a permit was overturned at VCAT and a planning permit was issued.
- Cost of legal representation: $26,565.00
- Cost of expert witness - Heritage Architect: $7,260.00
Total cost: $33,825
31. Application for declaration pursuant to section 149A of the Planning and Environment Act 1987 - Increase of electronic gaming machines by VCGLR from 45 machines to 65.
Total cost: $23,322.84
32. Enforcement order - The uses of "Trade Supplies" and "Industry" on land zoned farming; associated buildings and works on land zoned farming; removal of a native tree in the Calder Alternative Highway road reserve; business identification signage... in accordance with the endorsed plans
An enforcement order was issued.
Total cost: $32,437.23
33. Amendment to enforcement order - The uses of "Trade Supplies" and "Industry" on land zoned farming ; associated buildings and works on land zoned farming; removal of a native tree in the Calder Alternative Highway road reserve; business identification signage.
An amended enforcement order was issued.
Total cost: $2,288.00
34. Appeal against refusal to grant a planning permit - Two lot subdivision.
Responsible authority's decision to refuse a permit was overturned at VCAT and a planning permit was issued.
Total cost: $4,150.00
35. Appeal against refusal to grant a planning permit - Partial demolition of dwelling, demolition of outbuilding, three-storey extension to existing dwelling and construction of swimming pool and garage (Amended plans to allow for new design).
Responsible authority's decision to refuse a permit was overturned at VCAT and a planning permit was issued.
Total cost: $3,915.00
36. Application for review under section 81Q of the Local Government Act 1989 (Vic) in relation to a decision made by a Councillor Conduct Panel.
Total cost: $140,469.53
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Emma D'Agostino
Covering general news and Bendigo council.
Covering general news and Bendigo council.
