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Challenge to earthworks

Hume council has begun enforcement proceedings in the Victorian Civil and Administrative Tribunal (VCAT) in regard to earthworks on land at Riddell Road, Sunbury, it alleges are in contravention of the council’s planning scheme.

Planning schemes include policies and provisions that control land use and development, and they are made up of maps and ordinance. Ordinances are the policies and written clauses, and maps depict where zones and overlays apply within a planning scheme area.

Council said it “recognises that the ongoing works could pose a significant risk to the environment and the community,” and it has “commenced these proceedings as a means of ensuring that any immediate risk is swiftly and appropriately managed”.

The owners and occupier, who Hume alleges carried out the unlawful works, have been bound by VCAT to apply for a planning permit for these works by a specified date and to immediately cease work and fill importation on the property, which is located at 430 Riddell Road.

While these orders to cease the works and importation of fill do not apply to the property at 370a Riddell Road, they acknowledge that if the occupier chooses to continue carrying out works on that property, those works are not with Hume’s consent.

Council said it will “continue to seek orders from VCAT that the unlawful works cease and that the properties be restored and rehabilitated to their condition prior to the works,” and that an enforcement order has been fixed for a hearing in March next year.

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