ELMORE residents hope the City of Greater Bendigo will be "brought to task" and the town's railway carpark restored, after a private operator installed power and water on the site without permission of owner VicTrack.
Elmore Progress Association president Jeff Crust said he didn't understand how the city could give somebody permission to install infrastructure on land they did not own.
The progress association began a petition calling for the removal of the coffee van when works first began to prepare the site in mid-October.
Read more: Furore brews over Elmore coffee van
Power and water were installed on site with the permission of the City of Greater Bendigo at the applicant's own cost.
But neither sought permission from landowner VicTrack.
Ms Crust said the whole town was up in arms against the van.
He has raised concerns a van at Railway Place would create a "traffic nightmare" and take away trade from existing businesses.
Councillor Andrea Metcalf declined to comment on the question of land ownership, but said councillors certainly needed to address Elmore residents' concerns.
Cr Metcalf said ward councillors were asking questions about the application.
"Some of the issues the residents themselves have raised. It's around safety, it's around where it's located, and the fact that it's directly opposite a business that does pay rates to the city," she said.
"As ward councillors we'll be representing our area very strongly."
Councillors James Williams and Malcolm Pethybridge were approached for comment about land ownership.
Both have signalled they were concerned about the possibility of a coffee van in Elmore.
"It's not appropriate for us to interfere in the process, but we've certainly expressed our views to the officers," Cr Williams said.
"As ward councillors we support the Elmore people of course, but it's got to go to a few more departments yet ... and nothing's been signed off at all," Cr Pethybridge said.
Member for Bendigo East Jacinta Allan said she understood the concern of local businesses about the application.
THE City of Greater Bendigo gave permission for a private operator to install power and water on land it leases from VicTrack, without seeking permission.
State government transport agency VicTrack owns the land directly outside the Elmore Railway Station, which is the proposed site for a mobile coffee van.
A contractor installed underground power and water on the site in mid-October with the city's permission. This was done at the applicant's own cost.
The City of Greater Bendigo leases the land from VicTrack.
VicTrack confirmed the city had not sought permission for a coffee van to operate, nor to install power or water on site.
Lessees must seek permission from VicTrack to sublease land or change its intended use, under the terms of their lease.
Any tenant wanting to install services on VicTrack land must receive permission from VicTrack before any works take place. This is for safety reasons and to make sure train services are not interrupted.
The proposed coffee van has raised the ire of residents, who say it will cause traffic problems and undue competition for existing businesses.
The city has not approved the application, but said it would unless there was grounds for refusal within its outdoor dining code.
VicTrack said it was speaking to the tenant about how the matter could be resolved, now it was aware of the situation.
COGB acting manager of safe and healthy environments Jason Barnes said the city was provided with initial advice that it was responsible for the management of the subject land at Elmore Place.
"This information was provided by VicTrack to the applicant and subsequently, the city," Mr Barnes said.
"The city is working with VicTrack at the moment to determine finer details of the lease and the subject land."
The city has declined to provide the applicant's name on the grounds of privacy.
To lease property the general public and third parties must apply to VicTrack. VicTrack then goes through a review process.
The process addresses commercial and community outcomes, future use, development of the site, any known or anticipated transport requirements.
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