Mount Alexander Shire has been ordered to pay close to $2000 to a billboard company despite successfully winning its VCAT case against the group.
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The tribunal recently ruled the shire should pay $1948 as a reimbursement to the Regional Billboard Co pty Ltd after VCAT denied the company a permit to build a large sign on Duke Street between Castlemaine and Chewton.
The company initially applied to the shire for a permit to build the double-sided sign however the council failed to decide on the application within the prescribed time limit and an appeal was lodged.
It was outlined in the VCAT hearing that the shire would have denied the application for a permit.
Both the shire and the tribunal stated the sign was "incompatible" with the character of the area and it did not meet the criteria of the local government's planning scheme.
The proposed sign would have been mounted on two 2.95 metre tall poles with a maximum height of 5.1 metres. It would also have been built right against the road to be visible to traffic from the east and west.
On losing its VCAT hearing Regional Billboard Co Pty Ltd applied for fees to be reimbursed including $535.20 for the Victorian Civil and Administrative Tribunal hearing fee and $1,412.80 for Victorian Civil and Administrative Tribunal application fee.
It was found the company had grounds for the application and the Mount Alexander Shire was ordered to pay the money.
There were five reasons outlined in the VCAT hearing for its decision to grant reimbursements;
- The responsible authority failed to grant a permit within the prescribed time;
- The application was not unusual or difficult;
- There was no reason provided for the delay in assessing the proposal;
- The total elapsed time was 251 days; and
- The request for further information from Council was addressed on the day it was received.
The original application for the sign was made in April 2021 but due to errors in communication the application lapsed in September of the same year.
It was reopened in October 2021 but did not go before council until February 2022 but given the application fee hadn't been paid the council were unable to make a decision.
