Thursday, July 23, 2009

The SMELLY situation


Last Monday night a group of us were briefed on the state of play with the SMELL situation by the solicitor acting for the Shire. The following night the councillors were briefed and were asked to advise the solicitor the future course of action.

VCAT has ordered ANL to stop recieving material soon and and clear the site. This should take another 6 months, so fingers crossed that VCAT does not change its mind on this partial decision.

James Larmour-Reid Director Planning Building & Health has email the following to confirm the stand the Shire will take in the future.


Subject: Coldstream Composting Facility

Hi everyone,

At our meeting last Monday (20 July) I undertook to advise you of the Shire's proposed response to the VCAT Order of 25 June 2009 in relation to the Coldstream Composting Facility. This was the subject of a briefing of Councillors on Tuesday night (21 July).

The Shire's position is that the most effective way to respond to the Order is to continue to pursue the matter through VCAT. The option of lodging an appeal to the Supreme Court has been considered, however it is our view that this is not the most effective approach at this stage. This does not preclude the option of an appeal being considered again in the future given that there are still several live matters before the Tribunal.


The VCAT Order requires a response from the Shire to the Tribunal by 31 July in relation to ANL's application to amend the planning permit. The details of the Shire's proposed approach will be outlined in that response. We will send a copy of that response to you. At this stage it is inappropriate for me to go into any further detail about the precise nature of that response.





Yours sincerely

No comments: